CS/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. 468.609, F.S.; deleting a requirement that
22	applicants for building code administrator certification
23	complete a certain core curriculum before taking the
24	certification examination; amending ss. 468.627 and
25	471.0195, F.S.; deleting provisions requiring building
26	code administrator and inspector certificateholders and
27	engineer licensees to complete a certain core curriculum
28	or pass an equivalency test of the Florida Building Code
29	Compliance and Mitigation Program; amending s. 473.305,
30	F.S.; deleting an examination late filing fee applicable
31	to certified public accountant examinees; amending s.
32	473.311, F.S.; deleting a provision requiring passage of a
33	rules examination for renewal of license as a certified
34	public accountant; amending s. 473.313, F.S.; deleting a
35	provision requiring passage of an examination as a
36	condition for reactivation of an inactive license as a
37	certified public accountant; amending s. 475.175, F.S.;
38	deleting the option to submit a notarized application for
39	a real estate broker or sales associate license; amending
40	s. 475.451, F.S.; limiting the attorney exemption from
41	continuing education requirements to attorneys in good
42	standing with The Florida Bar; amending s. 475.615, F.S.;
43	deleting a requirement that an application for a real
44	estate appraiser certification be notarized; amending ss.
45	476.134 and 476.144, F.S.; requiring a written examination
46	for a barbering license; deleting provisions for a
47	practical examination for barbering license applicants;
48	amending ss. 481.215 and 481.313, F.S.; deleting
49	provisions requiring architect, interior designer, and
50	landscape architect licensees to complete a certain core
51	curriculum or pass an equivalency test of the Florida
52	Building Code Compliance and Mitigation Program; amending
53	s. 489.105, F.S.; revising the term "specialty contractor"
54	to require that the scope of work and responsibility of a
55	specialty contractor be established in a category of
56	construction contracting adopted by rule of the
57	Construction Industry Licensing Board; amending s.
58	489.109, F.S.; limiting fees for registration or
59	certification to qualify a business organization for
60	contracting; deleting provisions relating to a business
61	organization's certificate of authority to conform to
62	changes made by the act; amending s. 489.114, F.S.;
63	deleting provisions relating to a business organization's
64	certificate of authority to conform to changes made by the
65	act; amending s. 489.115, F.S.; deleting provisions
66	requiring construction contractor certificateholders and
67	registrants to complete a certain core curriculum or pass
68	an equivalency test of the Florida Building Code
69	Compliance and Mitigation Program; amending s. 489.117,
70	F.S.; revising requirements for the registration of
71	certain contractors; deleting provisions requiring a
72	contractor applicant to submit proof of a local
73	occupational license; specifying circumstances under which
74	a specialty contractor holding a local license is not
75	required to register with the board; deleting provisions
76	for the issuance of tracking registrations to certain
77	contractors who are not eligible for registration as
78	specialty contractors; limiting the licensing and
79	disciplinary actions that local jurisdictions must report
80	to the board to certain actions of registered contractors;
81	deleting provisions requiring the board to establish
82	uniform job scopes for any construction contracting
83	license category; amending s. 489.119, F.S.; deleting
84	provisions for the issuance of a certificate of authority
85	to a business organization for contracting; requiring a
86	contractor to apply for registration or certification to
87	qualify a business organization as the qualifying agent;
88	authorizing the board to deny a registration or
89	certification to qualify a business organization under
90	certain circumstances; providing application procedures
91	and requirements for the issuance of a business tax
92	receipt to a business organization; deleting provisions
93	for the issuance of an occupational license to a business
94	organization; authorizing a local government to impose
95	fines against certified or registered contractors under
96	certain circumstances; requiring the qualifying agent of a
97	business organization to present certain evidence to the
98	board; providing that the board has discretion to approve
99	a business organization; amending s. 489.127, F.S.;
100	deleting provisions relating to a business organization's
101	certificate of authority for contracting to conform to
102	changes made by the act; amending s. 489.128, F.S.;
103	revising the circumstances under which a person is
104	considered an unlicensed contractor; deleting provisions
105	relating to a business organization's certificate of
106	authority for contracting to conform to changes made by
107	the act; amending ss. 489.129 and 489.132, F.S.; deleting
108	provisions relating to a business organization's
109	certificate of authority for contracting to conform to
110	changes made by the act; amending s. 489.1455, F.S.;
111	deleting provisions requiring certain journeymen licensees
112	to complete a certain core curriculum or pass an
113	equivalency test of the Florida Building Code Compliance
114	and Mitigation Program; amending s. 489.505, F.S.;
115	revising the term "specialty contractor" to require that
116	the scope of practice of a specialty contractor be
117	established in a category of electrical or alarm system
118	contracting adopted by rule of the Electrical Contractors'
119	Licensing Board; amending s. 489.513, F.S.; deleting a
120	requirement that the local license required for an
121	electrical or alarm system contractor be an occupational
122	license; limiting the licensing and disciplinary actions
123	that local jurisdictions must report to the board to
124	certain actions of registered contractors; deleting
125	provisions requiring the board to establish uniform job
126	scopes for any electrical and alarm system contracting
127	license category; amending s. 489.516, F.S.; authorizing
128	local officials to require a contractor to obtain a
129	business tax receipt; deleting provisions requiring a
130	contractor to pay an occupational license fee; amending s.
131	489.517, F.S.; deleting provisions requiring electrical
132	and alarm system contractor certificateholders and
133	registrants to complete a certain core curriculum or pass
134	an equivalency test of the Florida Building Code
135	Compliance and Mitigation Program; amending s. 489.521,
136	F.S.; providing application procedures and requirements
137	for the issuance of a business tax receipt to a business
138	organization; deleting provisions for the issuance of an
139	occupational license to a business organization; amending
140	s. 489.5315, F.S.; specifying that certain electrical or
141	alarm system contractors are not required to obtain a
142	business tax receipt; deleting a provision exempting
143	certain contractors from requirements for an occupational
144	license to conform to changes made by the act; amending s.
145	489.532, F.S.; revising the circumstances under which a
146	person is considered an unlicensed electrical or alarm
147	system contractor; amending s. 489.537, F.S.; authorizing
148	a county or municipality to collect fees for business tax
149	receipts from electrical and alarm system contractors;
150	deleting a provision authorizing the collection of
151	occupational license fees; amending s. 509.233, F.S.;
152	authorizing local governments to establish, by ordinance,
153	local exemption procedures to allow patrons' dogs within
154	certain designated outdoor portions of public food service
155	establishments; deleting provisions for a pilot program
156	that limits the authority for such local exemption
157	procedures to a specified time; deleting a provision that
158	provides for the future review and repeal of such pilot
159	program; amending s. 548.002, F.S.; defining the term
160	"event" for regulation of pugilistic exhibitions; amending
161	s. 548.003, F.S.; authorizing the Florida State Boxing
162	Commission to adopt criteria for the approval of certain
163	amateur sanctioning organizations; authorizing the
164	commission to adopt health and safety standards for
165	amateur mixed martial arts; reenacting ss. 468.436(2)(a),
166	468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
167	472.033(1)(a), 473.323(1)(a), 475.25(1)(a), 475.624(1),
168	476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
169	481.325(1)(a), F.S., relating to the discipline of
170	community association managers or firms, home inspectors,
171	mold assessors and remediators, engineers, surveyors and
172	mappers, certified public accountants and accounting
173	firms, real estate brokers and sales associates, real
174	estate appraisers, barbers, cosmetologists, architects,
175	and landscape architects, to incorporate the amendment
176	made to s. 455.227, F.S., in references thereto; repealing
177	s. 509.201, F.S., relating to posting and advertising the
178	room rates of a public lodging establishment and related
179	penalties; providing for retroactive application;
180	providing effective dates.
181
182	Be It Enacted by the Legislature of the State of Florida:
183
184	Section 1.  Subsection (1) of section 455.213, Florida
185	Statutes, is amended to read:
186	455.213  General licensing provisions.--
187	(1)  Any person desiring to be licensed shall apply to the
188	department in writing. The application for licensure shall be
189	submitted made on a form prescribed prepared and furnished by
190	the department and must include the applicant's social security
191	number. Notwithstanding any other provision of law, the
192	department is the sole authority for determining the contents of
193	any documents to be submitted for initial licensure and
194	licensure renewal. Such documents may contain information
195	including, as appropriate: demographics, education, work
196	history, personal background, criminal history, finances,
197	business information, complaints, inspections, investigations,
198	discipline, bonding, signature notarization, photographs,
199	performance periods, reciprocity, local government approvals,
200	supporting documentation, periodic reporting requirements,
201	fingerprint requirements, continuing education requirements, and
202	ongoing education monitoring. The application shall be
203	supplemented as needed to reflect any material change in any
204	circumstance or condition stated in the application which takes
205	place between the initial filing of the application and the
206	final grant or denial of the license and which might affect the
207	decision of the department. In order to further the economic
208	development goals of the state, and notwithstanding any law to
209	the contrary, the department may enter into an agreement with
210	the county tax collector for the purpose of appointing the
211	county tax collector as the department's agent to accept
212	applications for licenses and applications for renewals of
213	licenses. The agreement must specify the time within which the
214	tax collector must forward any applications and accompanying
215	application fees to the department. In cases where a person
216	applies or schedules directly with a national examination
217	organization or examination vendor to take an examination
218	required for licensure, any organization- or vendor-related fees
219	associated with the examination may be paid directly to the
220	organization or vendor. An application is received for purposes
221	of s. 120.60 upon the department's receipt of the application
222	submitted in the format prescribed by the department; the
223	application fee set by the board or, if there is no board, set
224	by the department; and any other fee required by law or rule to
225	be remitted with the application.
226	Section 2.  Paragraphs (t) and (u) are added to subsection
227	(1) of section 455.227, Florida Statutes, to read:
228	455.227  Grounds for discipline; penalties; enforcement.--
229	(1)  The following acts shall constitute grounds for which
230	the disciplinary actions specified in subsection (2) may be
231	taken:
232	(t)  Failing to report in writing to the board or, if there
233	is no board, to the department within 30 days after the licensee
234	is convicted or found guilty of, or entered a plea of nolo
235	contendere or guilty to, regardless of adjudication, a crime in
236	any jurisdiction. A licensee must report a conviction, finding
237	of guilt, plea, or adjudication entered before the effective
238	date of this paragraph within 30 days after the effective date
239	of this paragraph.
240	(u)  Termination from a treatment program for impaired
241	practitioners as described in s. 456.076 for failure to comply,
242	without good cause, with the terms of the monitoring or
243	treatment contract entered into by the licensee or failing to
244	successfully complete a drug or alcohol treatment program.
245	Section 3.  Section 455.2274, Florida Statutes, is created
246	to read:
247	455.2274  Criminal proceedings against licensees;
248	appearances by department representatives.--A representative of
249	the department may voluntarily appear in a criminal proceeding
250	brought against a person licensed by the department to practice
251	a profession regulated by the state. The department's
252	representative is authorized to furnish pertinent information,
253	make recommendations regarding specific conditions of probation,
254	and provide other assistance to the court necessary to promote
255	justice or protect the public. The court may order a
256	representative of the department to appear in a criminal
257	proceeding if the crime charged is substantially related to the
258	qualifications, functions, or duties of a license regulated by
259	the department.
260	Section 4.  Section 455.2281, Florida Statutes, is amended
261	to read:
262	455.2281  Unlicensed activities; fees; disposition.--In
263	order to protect the public and to ensure a consumer-oriented
264	department, it is the intent of the Legislature that vigorous
265	enforcement of regulation for all professional activities is a
266	state priority. All enforcement costs should be covered by
267	professions regulated by the department. Therefore, the
268	department may shall impose, upon initial licensure and each
269	renewal thereof, a special fee not to exceed of $5 per licensee.
270	The Such fee shall be set by the department by rule for each
271	profession and shall be in addition to all other fees collected
272	from each licensee and shall fund efforts to combat unlicensed
273	activity. Any profession regulated by the department which
274	offers services that are not subject to regulation when provided
275	by an unlicensed person may use funds in its unlicensed activity
276	account to inform the public of such situation. The board with
277	concurrence of the department, or the department when there is
278	no board, may earmark up to $5 of the current licensure fee for
279	this purpose, if such board, or profession regulated by the
280	department, is not in a deficit and has a reasonable cash
281	balance. The department may adopt rules to waive an unlicensed
282	activity special fee for up to 2 years if both the operating
283	account and the unlicensed activity account have an excess cash
284	balance. A board or profession regulated by the department may
285	authorize the transfer of funds from the operating fund account
286	to the unlicensed activity account of that profession if the
287	operating fund account is not in a deficit and has a reasonable
288	cash balance. The department shall make direct charges to this
289	fund by profession and shall not allocate indirect overhead. The
290	department shall seek board advice regarding enforcement methods
291	and strategies prior to expenditure of funds; however, the
292	department may, without board advice, allocate funds to cover
293	the costs of continuing education compliance monitoring under s.
294	455.2177. The department shall directly credit, by profession,
295	revenues received from the department's efforts to enforce
296	licensure provisions. The department shall include all financial
297	and statistical data resulting from unlicensed activity
298	enforcement and from continuing education compliance monitoring
299	as separate categories in the quarterly management report
300	provided for in s. 455.219. The department shall not charge the
301	account of any profession for the costs incurred on behalf of
302	any other profession. For an unlicensed activity account, a
303	balance which remains at the end of a renewal cycle may, with
304	concurrence of the applicable board and the department, be
305	transferred to the operating fund account of that profession.
306	Section 5.  Paragraph (d) of subsection (3) of section
307	468.609, Florida Statutes, is amended to read:
308	468.609  Administration of this part; standards for
309	certification; additional categories of certification.--
310	(3)  A person may take the examination for certification as
311	a building code administrator pursuant to this part if the
312	person:
313	(d)  After the building code training program is
314	established under s. 553.841, demonstrates successful completion
315	of the core curriculum approved by the Florida Building
316	Commission, appropriate to the licensing category sought.
317	Section 6.  Subsection (6) of section 468.627, Florida
318	Statutes, is amended to read:
319	468.627  Application; examination; renewal; fees.--
320	(6)  Each certificateholder shall provide to the board
321	proof of completion of the core curriculum courses of the
322	building code training program established by s. 553.841, within
323	2 years after commencement of the program. Each new
324	certificateholder shall provide to the board proof of completion
325	of the core curriculum courses of the building code training
326	program established in s. 553.841 within the first 2-year period
327	after initial licensure. Continuing education hours spent taking
328	such core curriculum courses shall count toward the number
329	required for license renewal.
330	Section 7.  Section 471.0195, Florida Statutes, is amended
331	to read:
332	471.0195  Florida Building Code training for
333	engineers.--All licensees actively participating in the design
334	of engineering works or systems in connection with buildings,
335	structures, or facilities and systems covered by the Florida
336	Building Code shall take continuing education courses and submit
337	proof to the board, at such times and in such manner as
338	established by the board by rule, that the licensee has
339	completed the core curriculum courses and any specialized or
340	advanced courses on any portion of the Florida Building Code
341	applicable to the licensee's area of practice or has passed the
342	appropriate equivalency test of the Building Code Training
343	Program as required by s. 553.841. The board shall record
344	reported continuing education courses on a system easily
345	accessed by code enforcement jurisdictions for evaluation when
346	determining license status for purposes of processing design
347	documents. Local jurisdictions shall be responsible for
348	notifying the board when design documents are submitted for
349	building construction permits by persons who are not in
350	compliance with this section. The board shall take appropriate
351	action as provided by its rules when such noncompliance is
352	determined to exist.
353	Section 8.  Section 473.305, Florida Statutes, is amended
354	to read:
355	473.305  Fees.--The board, by rule, may establish fees to
356	be paid for applications, examination, reexamination, licensing
357	and renewal, reinstatement, and recordmaking and recordkeeping.
358	The fee for the examination shall be established at an amount
359	that covers the costs for the procurement or development,
360	administration, grading, and review of the examination. The fee
361	for the examination is refundable if the applicant is found to
362	be ineligible to sit for the examination. The fee for initial
363	application is nonrefundable, and the combined fees for
364	application and examination may not exceed $250 plus the actual
365	per applicant cost to the department for purchase of the
366	examination from the American Institute of Certified Public
367	Accountants or a similar national organization. The biennial
368	renewal fee may not exceed $250. The board may also establish,
369	by rule, a reactivation fee, a late filing fee for the law and
370	rules examination, and a delinquency fee not to exceed $50 for
371	continuing professional education reporting forms. The board
372	shall establish fees which are adequate to ensure the continued
373	operation of the board and to fund the proportionate expenses
374	incurred by the department which are allocated to the regulation
375	of public accountants. Fees shall be based on department
376	estimates of the revenue required to implement this chapter and
377	the provisions of law with respect to the regulation of
378	certified public accountants.
379	Section 9.  Subsection (1) of section 473.311, Florida
380	Statutes, is amended to read:
381	473.311  Renewal of license.--
382	(1)  The department shall renew a license upon receipt of
383	the renewal application and fee and upon certification by the
384	board that the licensee has satisfactorily completed the
385	continuing education requirements of s. 473.312 and has passed
386	an examination approved by the board on chapter 455 and this
387	chapter and the related administrative rules. However, each
388	licensee must complete the requirements of s. 473.312(1)(c)
389	prior to taking the examination.
390	Section 10.  Subsection (3) of section 473.313, Florida
391	Statutes, is amended to read:
392	473.313  Inactive status.--
393	(3)  Any licensee holding an inactive license may be
394	permitted to reactivate such license in a conditional manner.
395	The conditions of reactivation shall require, in addition to the
396	payment of fees, the passing of the examination approved by the
397	board concerning chapter 455 and this chapter, and the related
398	administrative rules, and the completion of required continuing
399	education.
400	Section 11.  Paragraph (a) of subsection (1) of section
401	475.175, Florida Statutes, is amended to read:
402	475.175  Examinations.--
403	(1)  A person shall be entitled to take the license
404	examination to practice in this state if the person:
405	(a)  Submits to the department the appropriate notarized or
406	electronically authenticated application and fee, and a
407	fingerprint card. The fingerprint card shall be forwarded to the
408	Division of Criminal Justice Information Systems within the
409	Department of Law Enforcement for purposes of processing the
410	fingerprint card to determine if the applicant has a criminal
411	history record. The fingerprint card shall also be forwarded to
412	the Federal Bureau of Investigation for purposes of processing
413	the fingerprint card to determine if the applicant has a
414	criminal history record. The information obtained by the
415	processing of the fingerprint card by the Florida Department of
416	Law Enforcement and the Federal Bureau of Investigation shall be
417	sent to the department for the purpose of determining if the
418	applicant is statutorily qualified for examination. Effective
419	July 1, 2006, an applicant shall provide fingerprints in
420	electronic format.
421	Section 12.  Subsection (6) of section 475.451, Florida
422	Statutes, is amended to read:
423	475.451  Schools teaching real estate practice.--
424	(6)  Any course prescribed by the commission as a condition
425	precedent to any person's becoming initially licensed as a sales
426	associate may be taught in any real estate school through the
427	use of a video tape of instruction by a currently permitted
428	instructor from any such school or may be taught by distance
429	learning pursuant to s. 475.17(2). The commission may require
430	that any such video tape course have a single session of live
431	instruction by a currently permitted instructor from any such
432	school; however, this requirement shall not exceed 3 classroom
433	hours. All other prescribed courses, except the continuing
434	education course required by s. 475.182, shall be taught by a
435	currently permitted school instructor personally in attendance
436	at such course or by distance learning pursuant to s. 475.17.
437	The continuing education course required by s. 475.182 may be
438	taught by distance learning pursuant to s. 475.17 or by an
439	equivalent correspondence course; however, any such
440	correspondence course shall be required to have a final
441	examination, prepared and administered by the school issuing the
442	correspondence course. The continuing education requirements
443	provided in this section or provided in any other section in
444	this chapter do not apply with respect to an any attorney who is
445	otherwise qualified under the provisions of this chapter and who
446	is a member in good standing of The Florida Bar.
447	Section 13.  Subsection (5) of section 475.615, Florida
448	Statutes, is amended to read:
449	475.615  Qualifications for registration or
450	certification.--
451	(5)  At the time of filing an a notarized application for
452	registration or certification, the applicant must sign a pledge
453	to comply with the Uniform Standards of Professional Appraisal
454	Practice upon registration or certification and must indicate in
455	writing that she or he understands the types of misconduct for
456	which disciplinary proceedings may be initiated. The application
457	shall expire 1 year after the date received.
458	Section 14.  Subsection (1) of section 476.134, Florida
459	Statutes, is amended to read:
460	476.134  Examinations.--
461	(1)  Examinations of applicants for licenses as barbers
462	shall be offered not less than four times each year. The
463	examination of applicants for licenses as barbers shall may
464	include both a practical demonstration and a written test. The
465	board shall have the authority to adopt rules with respect to
466	the examination of applicants for licensure. The board may
467	provide rules with respect to written or practical examinations
468	in such manner as the board may deem fit.
469	Section 15.  Paragraph (b) of subsection (6) of section
470	476.144, Florida Statutes, is amended to read:
471	476.144  Licensure.--
472	(6)  A person may apply for a restricted license to
473	practice barbering. The board shall adopt rules specifying
474	procedures for an applicant to obtain a restricted license if
475	the applicant:
476	(b)  Passes a written examination on the laws and rules
477	governing the practice of barbering in Florida, as established
478	by the board, and a practical examination approved by the board.
479
480	The restricted license shall limit the licensee's practice to
481	those specific areas in which the applicant has demonstrated
482	competence pursuant to rules adopted by the board.
483	Section 16.  Subsection (6) of section 481.215, Florida
484	Statutes, is renumbered as subsection (5), and present
485	subsection (5) of that section is amended to read:
486	481.215  Renewal of license.--
487	(5)  Each licensee shall provide to the board proof of
488	completion of the core curriculum courses, or passing the
489	equivalency test of the Building Code Training Program
490	established by s. 553.841, within 2 years after commencement of
491	the program or after initial licensure, whichever is later.
492	Hours spent taking core curriculum courses shall count toward
493	the number required for license renewal. A licensee who passes
494	the equivalency test in lieu of taking the core curriculum
495	courses shall receive full credit for such core curriculum
496	course hours.
497	Section 17.  Subsection (6) of section 481.313, Florida
498	Statutes, is renumbered as subsection (5), and present
499	subsection (5) of that section is amended to read:
500	481.313  Renewal of license.--
501	(5)  Each licenseholder shall provide to the board proof of
502	completion of the core curriculum courses, or passing the
503	equivalency test of the Building Code Training Program
504	established by s. 553.841, within 2 years after commencement of
505	the program or of initial licensure, whichever is later. Hours
506	spent taking core curriculum courses shall count toward the
507	number required for license renewal. A licensee who passes the
508	equivalency test in lieu of taking the core curriculum courses
509	shall receive full credit for core curriculum course hours.
510	Section 18.  Paragraph (q) of subsection (3) of section
511	489.105, Florida Statutes, is amended to read:
512	489.105  Definitions.--As used in this part:
513	(3)  "Contractor" means the person who is qualified for,
514	and shall only be responsible for, the project contracted for
515	and means, except as exempted in this part, the person who, for
516	compensation, undertakes to, submits a bid to, or does himself
517	or herself or by others construct, repair, alter, remodel, add
518	to, demolish, subtract from, or improve any building or
519	structure, including related improvements to real estate, for
520	others or for resale to others; and whose job scope is
521	substantially similar to the job scope described in one of the
522	subsequent paragraphs of this subsection. For the purposes of
523	regulation under this part, "demolish" applies only to
524	demolition of steel tanks over 50 feet in height; towers over 50
525	feet in height; other structures over 50 feet in height, other
526	than buildings or residences over three stories tall; and
527	buildings or residences over three stories tall. Contractors are
528	subdivided into two divisions, Division I, consisting of those
529	contractors defined in paragraphs (a)-(c), and Division II,
530	consisting of those contractors defined in paragraphs (d)-(q):
531	(q)  "Specialty contractor" means a contractor whose scope
532	of work and responsibility is limited to a particular phase of
533	construction established in a category adopted by board rule and
534	whose scope is limited to a subset of the activities described
535	in the categories established in one of the paragraphs of this
536	subsection.
537	Section 19.  Paragraph (c) of subsection (1) of section
538	489.109, Florida Statutes, is redesignated as paragraph (d),
539	present paragraph (d) is amended, and a new paragraph (c) is
540	added to that subsection, to read:
541	489.109  Fees.--
542	(1)  The board, by rule, shall establish reasonable fees to
543	be paid for applications, certification and renewal,
544	registration and renewal, and recordmaking and recordkeeping.
545	The fees shall be established as follows:
546	(c)  With respect to an application for registration or
547	certification to qualify a business organization, the initial
548	application fee and the renewal fee may not exceed $50.
549	(d)  The board, by rule, may establish a fee for transfer
550	of a certificate of authority from one business organization to
551	another, not to exceed the applicable renewal fee.
552	Section 20.  Section 489.114, Florida Statutes, is amended
553	to read:
554	489.114  Evidence of workers' compensation
555	coverage.--Except as provided in s. 489.115(5)(d), any person,
556	business organization, or qualifying agent engaged in the
557	business of contracting in this state and certified or
558	registered under this part shall, as a condition precedent to
559	the issuance or renewal of a certificate or, registration, or
560	certificate of authority of the contractor, provide to the
561	Construction Industry Licensing Board, as provided by board
562	rule, evidence of workers' compensation coverage pursuant to
563	chapter 440. In the event that the Division of Workers'
564	Compensation of the Department of Financial Services receives
565	notice of the cancellation of a policy of workers' compensation
566	insurance insuring a person or entity governed by this section,
567	the Division of Workers' Compensation shall certify and identify
568	all persons or entities by certification or registration license
569	number to the department after verification is made by the
570	Division of Workers' Compensation that persons or entities
571	governed by this section are no longer covered by workers'
572	compensation insurance. Such certification and verification by
573	the Division of Workers' Compensation may result from records
574	furnished to the Division of Workers' Compensation by the
575	persons or entities governed by this section or an investigation
576	completed by the Division of Workers' Compensation. The
577	department shall notify the persons or entities governed by this
578	section who have been determined to be in noncompliance with
579	chapter 440, and the persons or entities notified shall provide
580	certification of compliance with chapter 440 to the department
581	and pay an administrative fine in the amount of $500. The
582	failure to maintain workers' compensation coverage as required
583	by law shall be grounds for the board to revoke, suspend, or
584	deny the issuance or renewal of a certificate or, registration,
585	or certificate of authority of the contractor under the
586	provisions of s. 489.129.
587	Section 21.  Paragraph (b) of subsection (4) of section
588	489.115, Florida Statutes, is amended to read:
589	489.115  Certification and registration; endorsement;
590	reciprocity; renewals; continuing education.--
591	(4)
592	(b)1.  Each certificateholder or registrant shall provide
593	proof, in a form established by rule of the board, that the
594	certificateholder or registrant has completed at least 14
595	classroom hours of at least 50 minutes each of continuing
596	education courses during each biennium since the issuance or
597	renewal of the certificate or registration. The board shall
598	establish by rule that a portion of the required 14 hours must
599	deal with the subject of workers' compensation, business
600	practices, workplace safety, and, for applicable licensure
601	categories, wind mitigation methodologies, and 1 hour of which
602	must deal with laws and rules. The board shall by rule establish
603	criteria for the approval of continuing education courses and
604	providers, including requirements relating to the content of
605	courses and standards for approval of providers, and may by rule
606	establish criteria for accepting alternative nonclassroom
607	continuing education on an hour-for-hour basis. The board shall
608	prescribe by rule the continuing education, if any, which is
609	required during the first biennium of initial licensure. A
610	person who has been licensed for less than an entire biennium
611	must not be required to complete the full 14 hours of continuing
612	education.
613	2.  In addition, the board may approve specialized
614	continuing education courses on compliance with the wind
615	resistance provisions for one and two family dwellings contained
616	in the Florida Building Code and any alternate methodologies for
617	providing such wind resistance which have been approved for use
618	by the Florida Building Commission. Division I
619	certificateholders or registrants who demonstrate proficiency
620	upon completion of such specialized courses may certify plans
621	and specifications for one and two family dwellings to be in
622	compliance with the code or alternate methodologies, as
623	appropriate, except for dwellings located in floodways or
624	coastal hazard areas as defined in ss. 60.3D and E of the
625	National Flood Insurance Program.
626	3.  Each certificateholder or registrant shall provide to
627	the board proof of completion of the core curriculum courses, or
628	passing the equivalency test of the Building Code Training
629	Program established under s. 553.841, specific to the licensing
630	category sought, within 2 years after commencement of the
631	program or of initial certification or registration, whichever
632	is later. Classroom hours spent taking core curriculum courses
633	shall count toward the number required for renewal of
634	certificates or registration. A certificateholder or registrant
635	who passes the equivalency test in lieu of taking the core
636	curriculum courses shall receive full credit for core curriculum
637	course hours.
638	3.4.  The board shall require, by rule adopted pursuant to
639	ss. 120.536(1) and 120.54, a specified number of hours in
640	specialized or advanced module courses, approved by the Florida
641	Building Commission, on any portion of the Florida Building
642	Code, adopted pursuant to part IV of chapter 553, relating to
643	the contractor's respective discipline.
644	Section 22.  Paragraph (a) of subsection (1) and
645	subsections (4) and (5) of section 489.117, Florida Statutes,
646	are amended to read:
647	489.117  Registration; specialty contractors.--
648	(1)(a)  Any person engaged in the business of a contractor
649	as defined in s. 489.105(3)(a)-(o) must in the state shall be
650	registered in the proper classification, unless he or she is
651	certified. Any person entering the business of a contractor
652	shall be registered before prior to engaging in business as a
653	contractor in this state, unless he or she is certified. To be
654	initially registered, the applicant shall submit the required
655	fee and file evidence, in a form provided by the department, of
656	holding a current local occupational license required by any
657	municipality, county, or development district, if any, for the
658	type of work for which registration is desired and evidence of
659	successful compliance with the local examination and licensing
660	requirements, if any, in the area for which registration is
661	desired. An No examination is not shall be required for
662	registration.
663	(4)(a)  A person holding a local license whose job scope
664	does not substantially correspond to either the job scope of one
665	of the contractor categories defined in s. 489.105(3)(a)-(o), or
666	the job scope of one of the certified specialty contractor
667	categories previously established by board rule as of the
668	effective date of this provision, is shall not be required to
669	register with the board to perform contracting activities within
670	the scope of such specialty license.
671	(b)  A local jurisdiction may require an individual holding
672	a local specialty contractor license in a category which
673	pursuant to paragraph (a) does not permit registration to obtain
674	a tracking registration from the board, provided that the board
675	has established by rule that the activities which comprise the
676	job scope of the local specialty contractor license involve
677	lifesafety considerations and a significant potential danger to
678	the consumer.
679	(b)(c)  The local jurisdictions are shall be responsible
680	for providing the following information to the board within 30
681	days after licensure of, or any disciplinary action against, a
682	locally licensed contractor who is registered under this part:
683	1.  Licensure information.,
684	2.  Code violation information pursuant to s. 553.781., and
685	3.  Disciplinary information. on locally licensed
686	individuals to the board within 30 days after licensure or any
687	disciplinary action, and
688
689	The board shall maintain such licensure and disciplinary
690	information as it is provided to the board them, and shall make
691	the such information available through the automated information
692	system provided pursuant to s. 455.2286. The biennial tracking
693	registration fee shall not exceed $40.
694	(c)(d)  Neither the board nor the department assumes any
695	responsibility for providing discipline pursuant to having
696	provided the tracking registration. Providing discipline to such
697	locally licensed contractors is individuals shall be the
698	responsibility of the local jurisdiction. Failure to obtain a
699	tracking registration shall not be considered a violation of
700	this chapter; however, a local jurisdiction requiring such
701	tracking registration may levy such penalties for failure to
702	obtain the tracking registration as it chooses to provide
703	through local ordinance.
704	(d)(e)  Any person who is not required to obtain
705	registration or certification pursuant to s. 489.105(3)(d)-(o)
706	may perform specialty contracting services for the construction,
707	remodeling, repair, or improvement of single-family residences,
708	including a townhouse as defined in the Florida Building Code,
709	without obtaining a local professional license if such person is
710	under the supervision of a certified or registered general,
711	building, or residential contractor. As used in this paragraph,
712	supervision shall not be deemed to require the existence of a
713	direct contract between the certified or registered general,
714	building, or residential contractor and the person performing
715	specialty contracting services.
716	(5)  In order to establish uniformity among the job scopes
717	established by local jurisdictions, the board shall, by rule,
718	establish the job scope for any licensure category registered by
719	the board under this part. The board shall not arbitrarily limit
720	such scopes and shall restrict the job scopes only to the
721	minimum extent necessary to ensure uniformity.
722	Section 23.  Section 489.119, Florida Statutes, is amended
723	to read:
724	489.119  Business organizations; qualifying agents.--
725	(1)  If an individual proposes to engage in contracting in
726	the individual's own name, or a fictitious name where the
727	individual is doing business as a sole proprietorship,
728	registration or certification may be issued only to that
729	individual.
730	(2)  If the applicant proposes to engage in contracting as
731	a business organization, including any partnership, corporation,
732	business trust, or other legal entity, or in any name other than
733	the applicant's legal name or a fictitious name where the
734	applicant is doing business as a sole proprietorship, the
735	applicant business organization must apply for registration or
736	certification as the for a certificate of authority through a
737	qualifying agent of the business organization and under the
738	fictitious name, if any.
739	(a)  An The application for registration or certification
740	to qualify a business organization a certificate of authority
741	must state the name of the partnership and of its partners; the
742	name of the corporation and of its officers and directors and
743	the name of each of its stockholders who is also an officer or
744	director; the name of the business trust and its trustees; or
745	the name of such other legal entity and its members; and must
746	state the fictitious name, if any, under which the business
747	organization is doing business.
748	(b)1.  An The application for registration or certification
749	to qualify a business organization primary qualifying agent must
750	include an affidavit on a form provided by the board attesting
751	that the applicant has final approval authority for all
752	construction work performed by the business organization entity
753	and that the applicant has final approval authority on all
754	business matters, including contracts, specifications, checks,
755	drafts, or payments, regardless of the form of payment, made by
756	the business organization entity, except where a financially
757	responsible officer is approved.
758	2.  The application for financially responsible officer
759	must include an affidavit on a form provided by the board
760	attesting that the applicant's approval is required for all
761	checks, drafts, or payments, regardless of the form of payment,
762	made by the business organization entity and that the applicant
763	has authority to act for the business organization in all
764	financial matters.
765	3.  The application for secondary qualifying agent must
766	include an affidavit on a form provided by the board attesting
767	that the applicant has authority to supervise all construction
768	work performed by the business organization entity as provided
769	in s. 489.1195(2).
770	(c)  The board may deny an application for registration or
771	certification to qualify a business organization if the
772	applicant, or any person listed in paragraph (a), has been
773	involved in past disciplinary actions or on any grounds for
774	which an individual registration or certification may be denied.
775	(d)(b)  The applicant must furnish evidence of statutory
776	compliance if a fictitious name is used, the provisions of s.
777	865.09(7) notwithstanding.
778	(e)(c)  A joint venture, including a joint venture composed
779	of qualified business organizations, is itself a separate and
780	distinct organization that must be qualified and obtain a
781	certificate of authority in accordance with board rules.
782	(d)  A certificate of authority must be renewed every 2
783	years. If there is a change in any information that is required
784	to be stated on the application, the business organization
785	shall, within 45 days after such change occurs, mail the correct
786	information to the department.
787	(3)(a)  A The qualifying agent must shall be certified or
788	registered under this part in order for the business
789	organization to operate be issued a certificate of authority in
790	the category of contracting in the business conducted for which
791	the qualifying agent is certified or registered. If any
792	qualifying agent ceases to be affiliated with a such business
793	organization, he or she shall so inform the department. In
794	addition, if the such qualifying agent is the only certified or
795	registered contractor affiliated with the business organization,
796	the business organization shall notify the department of the
797	termination of the qualifying agent and shall have 60 days from
798	the termination of the qualifying agent's affiliation with the
799	business organization in which to employ another qualifying
800	agent. The business organization may not engage in contracting
801	until a qualifying agent is employed, unless the executive
802	director or chair of the board has granted a temporary
803	nonrenewable certificate or registration to the financially
804	responsible officer, the president, a partner, or, in the case
805	of a limited partnership, the general partner, who assumes all
806	responsibilities of a primary qualifying agent for the business
807	organization entity. This temporary certificate or registration
808	shall only allow the business organization entity to proceed
809	with incomplete contracts. For the purposes of this paragraph,
810	an incomplete contract is one which has been awarded to, or
811	entered into by, the business organization prior to the
812	cessation of affiliation of the qualifying agent with the
813	business organization or one on which the business organization
814	was the low bidder and the contract is subsequently awarded,
815	regardless of whether any actual work has commenced under the
816	contract prior to the qualifying agent ceasing to be affiliated
817	with the business organization.
818	(b)  The qualifying agent shall inform the department in
819	writing when he or she proposes to engage in contracting in his
820	or her own name or in affiliation with another business
821	organization, and he or she or such new business organization
822	shall supply the same information to the department as required
823	of applicants under this part.
824	(c)  Upon a favorable determination by the board, after
825	investigation of the financial responsibility, credit, and
826	business reputation of the qualifying agent and the new business
827	organization, the department shall issue, without an
828	examination, a new certificate of authority in the business
829	organization's name.
830	(4)  Disciplinary action against a business organization
831	holding a certificate of authority shall be administered in the
832	same manner and on the same grounds as disciplinary action
833	against a contractor. The board may deny the certification of
834	any person cited in subsection (2) if the person has been
835	involved in past disciplinary actions or on any grounds for
836	which individual certification can be denied.
837	(4)(5)  When a certified qualifying agent, on behalf of a
838	business organization, makes application for a business tax
839	receipt an occupational license in any municipality or county of
840	this state, the application shall be made with the tax collector
841	in the name of the business organization and the qualifying
842	agent; and the license, when issued, shall be issued to the
843	business organization, upon payment of the appropriate licensing
844	fee and exhibition to the tax collector of a valid certificate
845	for the qualifying agent and a valid certificate of authority
846	for the business organization issued by the department, and the
847	state license numbers shall be noted thereon.
848	(5)(6)(a)  Each registered or certified contractor shall
849	affix the number of his or her registration or certification to
850	each application for a building permit and on each building
851	permit issued and recorded. Each city or county building
852	department shall require, as a precondition for the issuance of
853	the building permit, that the contractor taking out the permit
854	must provide verification giving his or her Construction
855	Industry Licensing Board registration or certification number.
856	(b)  The registration or certification number of each
857	contractor or certificate of authority number for each business
858	organization shall appear in each offer of services, business
859	proposal, bid, contract, or advertisement, regardless of medium,
860	as defined by board rule, used by that contractor or business
861	organization in the practice of contracting.
862	(c)  If a vehicle bears the name of a contractor or
863	business organization, or any text or artwork which would lead a
864	reasonable person to believe that the vehicle is used for
865	contracting, the registration or certification number of the
866	contractor or certificate of authority number of the business
867	organization must be conspicuously and legibly displayed with
868	the name, text, or artwork. Local governments may also require
869	that locally licensed contractors must also display their
870	certificate of competency or license numbers. Nothing in this
871	paragraph shall be construed to create a mandatory vehicle
872	signage requirement.
873	(d)  For the purposes of this part, the term
874	"advertisement" does not include business stationery or any
875	promotional novelties such as balloons, pencils, trinkets, or
876	articles of clothing.
877	(e)  The board shall issue a notice of noncompliance for
878	the first offense, and may assess a fine or issue a citation for
879	failure to correct the offense within 30 days or for any
880	subsequent offense, to any contractor or business organization
881	that fails to include the certification or, registration, or
882	certificate of authority number as required by this part when
883	submitting an advertisement for publication, broadcast, or
884	printing or fails to display the certification or, registration,
885	or certificate of authority number as required by this part.
886	(f)  In addition to any other penalty prescribed by law, a
887	local government may impose a civil fine pursuant to s.
888	489.127(5) against a person who is not certified or registered
889	under this part if the person:
890	1.  Claims to be licensed in any offer of services,
891	business proposal, bid, contract, or advertisement, but who does
892	not possess a valid competency-based license issued by a local
893	government in this state to perform the specified construction
894	services; or
895	2.  Claims to be insured in any offer of services, business
896	proposal, bid, contract, or advertisement, but whose performance
897	of the subject work is not covered by a general liability or
898	workers' compensation insurance policy.
899	(6)(7)  Each qualifying agent shall pay the department an
900	amount equal to the original fee for registration or
901	certification to qualify a certificate of authority of a new
902	business organization. If the qualifying agent for a business
903	organization desires to qualify additional business
904	organizations, the board shall require the qualifying agent him
905	or her to present evidence of his or her ability to supervise
906	the construction activities and financial responsibility of each
907	such organization. Approval of each business organization The
908	issuance of such certificate of authority is discretionary with
909	the board.
910	(7)(8)(a)  A business organization proposing to engage in
911	contracting is not required to apply for or obtain authorization
912	under this part to engage in contracting if:
913	1.  The business organization employs one or more
914	registered or certified contractors licensed in accordance with
915	this part who are responsible for obtaining permits and
916	supervising all of the business organization's contracting
917	activities;
918	2.  The business organization engages only in contracting
919	on property owned by the business organization or by its parent,
920	subsidiary, or affiliated entities; and
921	3.  The business organization, or its parent entity if the
922	business organization is a wholly owned subsidiary, maintains a
923	minimum net worth of $20 million.
924	(b)  Any business organization engaging in contracting
925	under this subsection shall provide the board with the name and
926	license number of each registered or certified contractor
927	employed by the business organization to supervise its
928	contracting activities. The business organization is not
929	required to post a bond or otherwise evidence any financial or
930	credit information except as necessary to demonstrate compliance
931	with paragraph (a).
932	(c)  A registered or certified contractor employed by a
933	business organization to supervise its contracting activities
934	under this subsection shall not be required to post a bond or
935	otherwise evidence any personal financial or credit information
936	so long as the individual performs contracting activities
937	exclusively on behalf of a business organization meeting all of
938	the requirements of paragraph (a).
939	Section 24.  Subsection (1) of section 489.127, Florida
940	Statutes, is amended to read:
941	489.127  Prohibitions; penalties.--
942	(1)  No person shall:
943	(a)  Falsely hold himself or herself or a business
944	organization out as a licensee, certificateholder, or
945	registrant;
946	(b)  Falsely impersonate a certificateholder or registrant;
947	(c)  Present as his or her own the certificate or,
948	registration, or certificate of authority of another;
949	(d)  Knowingly give false or forged evidence to the board
950	or a member thereof;
951	(e)  Use or attempt to use a certificate or, registration
952	that, or certificate of authority which has been suspended or
953	revoked;
954	(f)  Engage in the business or act in the capacity of a
955	contractor or advertise himself or herself or a business
956	organization as available to engage in the business or act in
957	the capacity of a contractor without being duly registered or
958	certified or having a certificate of authority;
959	(g)  Operate a business organization engaged in contracting
960	after 60 days following the termination of its only qualifying
961	agent without designating another primary qualifying agent,
962	except as provided in ss. 489.119 and 489.1195;
963	(h)  Commence or perform work for which a building permit
964	is required pursuant to part IV of chapter 553 without such
965	building permit being in effect; or
966	(i)  Willfully or deliberately disregard or violate any
967	municipal or county ordinance relating to uncertified or
968	unregistered contractors.
969
970	For purposes of this subsection, a person or business
971	organization operating on an inactive or suspended certificate
972	or, registration, or certificate of authority is not duly
973	certified or registered and is considered unlicensed. A business
974	tax receipt issued under the authority of chapter 205 is not a
975	license for purposes of this part.
976	Section 25.  Effective upon this act becoming a law,
977	paragraph (a) of subsection (1) of section 489.128, Florida
978	Statutes, is amended to read:
979	489.128  Contracts entered into by unlicensed contractors
980	unenforceable.--
981	(1)  As a matter of public policy, contracts entered into
982	on or after October 1, 1990, by an unlicensed contractor shall
983	be unenforceable in law or in equity by the unlicensed
984	contractor.
985	(a)  For purposes of this section, an individual is
986	unlicensed if the individual does not have a license required by
987	this part concerning the scope of the work to be performed under
988	the contract. A business organization is unlicensed if the
989	business organization does not have a primary or secondary
990	qualifying agent in accordance with this part concerning the
991	scope of the work to be performed under the contract. For
992	purposes of this section, if a no state or local license is not
993	required for the scope of work to be performed under the
994	contract, the individual performing that work is shall not be
995	considered unlicensed.
996	Section 26.  Paragraph (b) of subsection (1) of section
997	489.128, Florida Statutes, is amended to read:
998	489.128  Contracts entered into by unlicensed contractors
999	unenforceable.--
1000	(1)  As a matter of public policy, contracts entered into
1001	on or after October 1, 1990, by an unlicensed contractor shall
1002	be unenforceable in law or in equity by the unlicensed
1003	contractor.
1004	(b)  For purposes of this section, an individual or
1005	business organization may not be considered unlicensed for
1006	failing to have a business tax receipt issued under the
1007	authority of chapter 205. A business organization may not be
1008	considered unlicensed for failing to have a certificate of
1009	authority as required by ss. 489.119 and 489.127. For purposes
1010	of this section, a business organization entering into the
1011	contract may not be considered unlicensed if, before the date
1012	established by paragraph (c), an individual possessing a license
1013	required by this part concerning the scope of the work to be
1014	performed under the contract has submitted an application for a
1015	certificate of authority designating that individual as a
1016	qualifying agent for the business organization entering into the
1017	contract, and the application was not acted upon by the
1018	department or applicable board within the time limitations
1019	imposed by s. 120.60.
1020	Section 27.  Subsections (1), (5), and (7) of section
1021	489.129, Florida Statutes, are amended to read:
1022	489.129  Disciplinary proceedings.--
1023	(1)  The board may take any of the following actions
1024	against any certificateholder or registrant: place on probation
1025	or reprimand the licensee, revoke, suspend, or deny the issuance
1026	or renewal of the certificate or, registration, or certificate
1027	of authority, require financial restitution to a consumer for
1028	financial harm directly related to a violation of a provision of
1029	this part, impose an administrative fine not to exceed $10,000
1030	per violation, require continuing education, or assess costs
1031	associated with investigation and prosecution, if the
1032	contractor, financially responsible officer, or business
1033	organization for which the contractor is a primary qualifying
1034	agent, a financially responsible officer, or a secondary
1035	qualifying agent responsible under s. 489.1195 is found guilty
1036	of any of the following acts:
1037	(a)  Obtaining a certificate or, registration, or
1038	certificate of authority by fraud or misrepresentation.
1039	(b)  Being convicted or found guilty of, or entering a plea
1040	of nolo contendere to, regardless of adjudication, a crime in
1041	any jurisdiction which directly relates to the practice of
1042	contracting or the ability to practice contracting.
1043	(c)  Violating any provision of chapter 455.
1044	(d)  Performing any act which assists a person or entity in
1045	engaging in the prohibited uncertified and unregistered practice
1046	of contracting, if the certificateholder or registrant knows or
1047	has reasonable grounds to know that the person or entity was
1048	uncertified and unregistered.
1049	(e)  Knowingly combining or conspiring with an uncertified
1050	or unregistered person by allowing his or her certificate or,
1051	registration, or certificate of authority to be used by the
1052	uncertified or unregistered person with intent to evade the
1053	provisions of this part. When a certificateholder or registrant
1054	allows his or her certificate or registration to be used by one
1055	or more business organizations without having any active
1056	participation in the operations, management, or control of such
1057	business organizations, such act constitutes prima facie
1058	evidence of an intent to evade the provisions of this part.
1059	(f)  Acting in the capacity of a contractor under any
1060	certificate or registration issued hereunder except in the name
1061	of the certificateholder or registrant as set forth on the
1062	issued certificate or registration, or in accordance with the
1063	personnel of the certificateholder or registrant as set forth in
1064	the application for the certificate or registration, or as later
1065	changed as provided in this part.
1066	(g)  Committing mismanagement or misconduct in the practice
1067	of contracting that causes financial harm to a customer.
1068	Financial mismanagement or misconduct occurs when:
1069	1.  Valid liens have been recorded against the property of
1070	a contractor's customer for supplies or services ordered by the
1071	contractor for the customer's job; the contractor has received
1072	funds from the customer to pay for the supplies or services; and
1073	the contractor has not had the liens removed from the property,
1074	by payment or by bond, within 75 days after the date of such
1075	liens;
1076	2.  The contractor has abandoned a customer's job and the
1077	percentage of completion is less than the percentage of the
1078	total contract price paid to the contractor as of the time of
1079	abandonment, unless the contractor is entitled to retain such
1080	funds under the terms of the contract or refunds the excess
1081	funds within 30 days after the date the job is abandoned; or
1082	3.  The contractor's job has been completed, and it is
1083	shown that the customer has had to pay more for the contracted
1084	job than the original contract price, as adjusted for subsequent
1085	change orders, unless such increase in cost was the result of
1086	circumstances beyond the control of the contractor, was the
1087	result of circumstances caused by the customer, or was otherwise
1088	permitted by the terms of the contract between the contractor
1089	and the customer.
1090	(h)  Being disciplined by any municipality or county for an
1091	act or violation of this part.
1092	(i)  Failing in any material respect to comply with the
1093	provisions of this part or violating a rule or lawful order of
1094	the board.
1095	(j)  Abandoning a construction project in which the
1096	contractor is engaged or under contract as a contractor. A
1097	project may be presumed abandoned after 90 days if the
1098	contractor terminates the project without just cause or without
1099	proper notification to the owner, including the reason for
1100	termination, or fails to perform work without just cause for 90
1101	consecutive days.
1102	(k)  Signing a statement with respect to a project or
1103	contract falsely indicating that the work is bonded; falsely
1104	indicating that payment has been made for all subcontracted
1105	work, labor, and materials which results in a financial loss to
1106	the owner, purchaser, or contractor; or falsely indicating that
1107	workers' compensation and public liability insurance are
1108	provided.
1109	(l)  Committing fraud or deceit in the practice of
1110	contracting.
1111	(m)  Committing incompetency or misconduct in the practice
1112	of contracting.
1113	(n)  Committing gross negligence, repeated negligence, or
1114	negligence resulting in a significant danger to life or
1115	property.
1116	(o)  Proceeding on any job without obtaining applicable
1117	local building department permits and inspections.
1118	(p)  Intimidating, threatening, coercing, or otherwise
1119	discouraging the service of a notice to owner under part I of
1120	chapter 713 or a notice to contractor under chapter 255 or part
1121	I of chapter 713.
1122	(q)  Failing to satisfy within a reasonable time, the terms
1123	of a civil judgment obtained against the licensee, or the
1124	business organization qualified by the licensee, relating to the
1125	practice of the licensee's profession.
1126
1127	For the purposes of this subsection, construction is considered
1128	to be commenced when the contract is executed and the contractor
1129	has accepted funds from the customer or lender. A contractor
1130	does not commit a violation of this subsection when the
1131	contractor relies on a building code interpretation rendered by
1132	a building official or person authorized by s. 553.80 to enforce
1133	the building code, absent a finding of fraud or deceit in the
1134	practice of contracting, or gross negligence, repeated
1135	negligence, or negligence resulting in a significant danger to
1136	life or property on the part of the building official, in a
1137	proceeding under chapter 120.
1138	(5)  The board may not reinstate the certification or,
1139	registration, or certificate of authority of, or cause a
1140	certificate or, registration, or certificate of authority to be
1141	issued to, a person who or business organization which the board
1142	has determined is unqualified or whose certificate or,
1143	registration, or certificate of authority the board has
1144	suspended until it is satisfied that such person or business
1145	organization has complied with all the terms and conditions set
1146	forth in the final order and is capable of competently engaging
1147	in the business of contracting.
1148	(7)  The board shall not issue or renew a certificate or,
1149	registration, or certificate of authority to any person or
1150	business organization that has been assessed a fine, interest,
1151	or costs associated with investigation and prosecution, or has
1152	been ordered to pay restitution, until such fine, interest, or
1153	costs associated with investigation and prosecution or
1154	restitution are paid in full or until all terms and conditions
1155	of the final order have been satisfied.
1156	Section 28.  Subsection (5) of section 489.132, Florida
1157	Statutes, is amended to read:
1158	489.132  Prohibited acts by unlicensed principals;
1159	investigation; hearing; penalties.--
1160	(5)  The department may suspend, revoke, or deny issuance
1161	or renewal of a certificate or, registration, or certificate of
1162	authority for any individual or business organization that
1163	associates a person as an officer, director, or partner, or in a
1164	managerial or supervisory capacity, after such person has been
1165	found under a final order to have violated this section or was
1166	an officer, director, partner, trustee, or manager of a business
1167	organization disciplined by the board by revocation, suspension,
1168	or fine in excess of $2,500, upon finding reasonable cause that
1169	such person knew or reasonably should have known of the conduct
1170	leading to the discipline.
1171	Section 29.  Subsection (1) of section 489.1455, Florida
1172	Statutes, is amended to read:
1173	489.1455  Journeyman; reciprocity; standards.--
1174	(1)  An individual who holds a valid, active journeyman
1175	license in the plumbing/pipe fitting, mechanical, or HVAC trades
1176	issued by any county or municipality in this state may work as a
1177	journeyman in the trade in which he or she is licensed in any
1178	county or municipality of this state without taking an
1179	additional examination or paying an additional license fee, if
1180	he or she:
1181	(a)  Has scored at least 70 percent, or after October 1,
1182	1997, at least 75 percent, on a proctored journeyman Block and
1183	Associates examination or other proctored examination approved
1184	by the board for the trade in which he or she is licensed;
1185	(b)  Has completed an apprenticeship program registered
1186	with the Department of Labor and Employment Security and
1187	demonstrates 4 years' verifiable practical experience in the
1188	trade for which he or she is licensed, or demonstrates 6 years'
1189	verifiable practical experience in the trade for which he or she
1190	is licensed;
1191	(c)  Has satisfactorily completed specialized and advanced
1192	module coursework approved by the Florida Building Commission,
1193	as part of the Building Code Training Program established in s.
1194	553.841, specific to the discipline, and successfully completed
1195	the program's core curriculum courses or passed an equivalency
1196	test in lieu of taking the core curriculum courses and provided
1197	proof of completion of such curriculum courses or examination
1198	and obtained a certificate from the board pursuant to this part
1199	or, pursuant to authorization by the certifying authority,
1200	provides proof of completion of such curriculum or coursework
1201	within 6 months after such certification; and
1202	(d)  Has not had a license suspended or revoked within the
1203	last 5 years.
1204	Section 30.  Subsection (19) of section 489.505, Florida
1205	Statutes, is amended to read:
1206	489.505  Definitions.--As used in this part:
1207	(19)  "Specialty contractor" means a contractor whose scope
1208	of practice is limited to a specific segment of electrical or
1209	alarm system contracting established in a category adopted by
1210	board rule, including, but not limited to, residential
1211	electrical contracting, maintenance of electrical fixtures, and
1212	fabrication, erection, installation, and maintenance of
1213	electrical advertising signs together with the interrelated
1214	parts and supports thereof. Categories of specialty contractor
1215	shall be established by board rule.
1216	Section 31.  Subsections (5), (6), and (7) of section
1217	489.513, Florida Statutes, are amended to read:
1218	489.513  Registration; application; requirements.--
1219	(5)  Registration permits the registrant to engage in
1220	contracting only in the area and for the type of work covered by
1221	the registration, unless local licenses are issued for other
1222	areas and types of work or unless certification is obtained.
1223	When a registrant desires to register in an additional area of
1224	the state, he or she shall first comply with any local
1225	requirements of that area and then file a request with the
1226	department, together with evidence of holding a current
1227	occupational license or license issued by the county or
1228	municipality for the area or areas in which he or she desires to
1229	be registered, whereupon his or her evidence of registration
1230	shall be endorsed by the department to reflect valid
1231	registration for the new area or areas.
1232	(6)  The local jurisdictions are shall be responsible for
1233	providing the following information to the board within 30 days
1234	after licensure of, or any disciplinary action against, a
1235	locally licensed contractor who is registered under this part:
1236	(a)  Licensure information.,
1237	(b)  Code violation information pursuant to s. 553.781.,
1238	and
1239	(c)  Disciplinary information. on locally licensed
1240	individuals to the board within 30 days after licensure or any
1241	disciplinary action, and
1242
1243	The board shall maintain such licensure and disciplinary
1244	information as it is provided to the board them, and shall make
1245	the such information available through the automated information
1246	system provided pursuant to s. 455.2286.
1247	(7)  In order to establish uniformity among the job scopes
1248	established by local jurisdictions, the board shall, by rule,
1249	establish the job scope for any licensure category registered by
1250	the board under this part. The board shall not arbitrarily limit
1251	such scopes and shall restrict the job scopes only to the
1252	minimum extent necessary to ensure uniformity.
1253	Section 32.  Subsection (3) of section 489.516, Florida
1254	Statutes, is amended to read:
1255	489.516  Qualifications to practice; restrictions;
1256	prerequisites.--
1257	(3)  When a certificateholder desires to engage in
1258	contracting in any area of the state, as a prerequisite
1259	therefor, he or she shall only be required to exhibit to the
1260	local building official, tax collector, or other authorized
1261	person in charge of the issuance of licenses and building or
1262	electrical permits in the area evidence of holding a current
1263	certificate and a current business tax receipt issued by the
1264	jurisdiction in which the certificateholder's principal place of
1265	business is located, and having paid to pay the fee for the
1266	occupational license and permit required of other persons.
1267	However, a local construction regulation board may deny the
1268	issuance of an electrical permit to a certified contractor, or
1269	issue a permit with specific conditions, if the local
1270	construction regulation board has found such contractor, through
1271	the public hearing process, to be guilty of fraud or a willful
1272	building code violation within the county or municipality that
1273	the local construction regulation board represents, or if the
1274	local construction regulation board has proof that such
1275	contractor, through the public hearing process, has been found
1276	guilty, in another county or municipality within the past 12
1277	months, of fraud or a willful building code violation and finds,
1278	after providing notice to the contractor, that such fraud or
1279	violation would have been fraud or a violation if committed in
1280	the county or municipality that the local construction board
1281	represents. Notification of and information concerning such
1282	permit denial shall be submitted to the Department of Business
1283	and Professional Regulation within 15 days after the local
1284	construction regulation board decides to deny the permit.
1285	Section 33.  Subsection (3) of section 489.517, Florida
1286	Statutes, is amended to read:
1287	489.517  Renewal of certificate or registration; continuing
1288	education.--
1289	(3)(a)  Each certificateholder or registrant shall provide
1290	proof, in a form established by rule of the board, that the
1291	certificateholder or registrant has completed at least 14
1292	classroom hours of at least 50 minutes each of continuing
1293	education courses during each biennium since the issuance or
1294	renewal of the certificate or registration. The board shall by
1295	rule establish criteria for the approval of continuing education
1296	courses and providers and may by rule establish criteria for
1297	accepting alternative nonclassroom continuing education on an
1298	hour-for-hour basis.
1299	(b)  Each certificateholder or registrant shall provide to
1300	the board proof of completion of the core curriculum courses or
1301	passing the equivalency test of the Building Code Training
1302	Program established under s. 553.841, specific to the licensing
1303	category sought, within 2 years after commencement of the
1304	program or of initial certification or registration, whichever
1305	is later. Classroom hours spent taking core curriculum courses
1306	shall count toward the number required for renewal of
1307	certificate or registration. A certificateholder or registrant
1308	who passes the equivalency test in lieu of taking the core
1309	curriculum courses shall receive full credit for core curriculum
1310	course hours.
1311	Section 34.  Subsection (6) of section 489.521, Florida
1312	Statutes, is amended to read:
1313	489.521  Business organizations; qualifying agents.--
1314	(6)  When a business organization qualified to engage in
1315	contracting makes application for a business tax receipt an
1316	occupational license in any municipality or county of this
1317	state, the application shall be made with the tax collector in
1318	the name of the business organization, and the business tax
1319	receipt license, when issued, shall be issued to the business
1320	organization upon payment of the appropriate licensing fee and
1321	exhibition to the tax collector of a valid certificate issued by
1322	the department.
1323	Section 35.  Section 489.5315, Florida Statutes, is amended
1324	to read:
1325	489.5315  Proprietary electrical or alarm
1326	contractors.--Businesses that obtain an electrical or burglar
1327	alarm system license to work only on their own equipment, and
1328	that do not offer electrical or alarm contracting services to
1329	the public, are not electrical or burglar alarm system
1330	contracting businesses and do not have to obtain a business tax
1331	receipt an occupational license in addition to any they are
1332	otherwise required to have.
1333	Section 36.  Effective upon this act becoming a law,
1334	paragraph (a) of subsection (1) of section 489.532, Florida
1335	Statutes, is amended to read:
1336	489.532  Contracts entered into by unlicensed contractors
1337	unenforceable.--
1338	(1)  As a matter of public policy, contracts entered into
1339	on or after October 1, 1990, by an unlicensed contractor shall
1340	be unenforceable in law or in equity by the unlicensed
1341	contractor.
1342	(a)  For purposes of this section, an individual is
1343	unlicensed if the individual does not have a license required by
1344	this part concerning the scope of the work to be performed under
1345	the contract. A business organization is unlicensed if the
1346	business organization does not have a primary or secondary
1347	qualifying agent in accordance with this part concerning the
1348	scope of the work to be performed under the contract. For
1349	purposes of this section, if a no state or local license is not
1350	required for the scope of work to be performed under the
1351	contract, the individual performing that work is shall not be
1352	considered unlicensed.
1353	Section 37.  Paragraph (b) of subsection (3) of section
1354	489.537, Florida Statutes, is amended to read:
1355	489.537  Application of this part.--
1356	(3)  Nothing in this act limits the power of a municipality
1357	or county:
1358	(b)  To collect fees for business tax receipts occupational
1359	licenses and inspections for engaging in contracting or
1360	examination fees from persons who are registered with the local
1361	boards pursuant to local examination requirements.
1362	Section 38.  Section 509.233, Florida Statutes, is amended
1363	to read:
1364	509.233  Public food service establishment requirements;
1365	local exemption for dogs in designated outdoor portions; pilot
1366	program.--
1367	(1)  INTENT.--It is the intent of the Legislature by this
1368	section to establish a 3-year pilot program for local
1369	governments to allow patrons' dogs within certain designated
1370	outdoor portions of public food service establishments.
1371	(1)(2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
1372	509.032(7), the governing body of a local government may
1373	participating in the pilot program is authorized to establish,
1374	by ordinance, a local exemption procedure to certain provisions
1375	of the Food and Drug Administration Food Code, as currently
1376	adopted by the division, in order to allow patrons' dogs within
1377	certain designated outdoor portions of public food service
1378	establishments.
1379	(2)(3)  LOCAL DISCRETION; CODIFICATION.--
1380	(a)  The adoption of the local exemption procedure shall be
1381	at the sole discretion of the governing body of a participating
1382	local government. Nothing in this section shall be construed to
1383	require or compel a local governing body to adopt an ordinance
1384	pursuant to this section.
1385	(b)  Any ordinance adopted pursuant to this section shall
1386	provide for codification within the land development code of a
1387	participating local government.
1388	(3)(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
1389	(a)  Any local exemption procedure adopted pursuant to this
1390	section shall only provide a variance to those portions of the
1391	currently adopted Food and Drug Administration Food Code in
1392	order to allow patrons' dogs within certain designated outdoor
1393	portions of public food service establishments.
1394	(b)  In order to protect the health, safety, and general
1395	welfare of the public, the local exemption procedure shall
1396	require participating public food service establishments to
1397	apply for and receive a permit from the governing body of the
1398	local government before allowing patrons' dogs on their
1399	premises. The local government shall require from the applicant
1400	such information as the local government deems reasonably
1401	necessary to enforce the provisions of this section, but shall
1402	require, at a minimum, the following information:
1403	1.  The name, location, and mailing address of the public
1404	food service establishment.
1405	2.  The name, mailing address, and telephone contact
1406	information of the permit applicant.
1407	3.  A diagram and description of the outdoor area to be
1408	designated as available to patrons' dogs, including dimensions
1409	of the designated area; a depiction of the number and placement
1410	of tables, chairs, and restaurant equipment, if any; the
1411	entryways and exits to the designated outdoor area; the
1412	boundaries of the designated area and of other areas of outdoor
1413	dining not available for patrons' dogs; any fences or other
1414	barriers; surrounding property lines and public rights-of-way,
1415	including sidewalks and common pathways; and such other
1416	information reasonably required by the permitting authority. The
1417	diagram or plan shall be accurate and to scale but need not be
1418	prepared by a licensed design professional.
1419	4.  A description of the days of the week and hours of
1420	operation that patrons' dogs will be permitted in the designated
1421	outdoor area.
1422	(c)  In order to protect the health, safety, and general
1423	welfare of the public, the local exemption ordinance shall
1424	include such regulations and limitations as deemed necessary by
1425	the participating local government and shall include, but not be
1426	limited to, the following requirements:
1427	1.  All public food service establishment employees shall
1428	wash their hands promptly after touching, petting, or otherwise
1429	handling dogs. Employees shall be prohibited from touching,
1430	petting, or otherwise handling dogs while serving food or
1431	beverages or handling tableware or before entering other parts
1432	of the public food service establishment.
1433	2.  Patrons in a designated outdoor area shall be advised
1434	that they should wash their hands before eating. Waterless hand
1435	sanitizer shall be provided at all tables in the designated
1436	outdoor area.
1437	3.  Employees and patrons shall be instructed that they
1438	shall not allow dogs to come into contact with serving dishes,
1439	utensils, tableware, linens, paper products, or any other items
1440	involved in food service operations.
1441	4.  Patrons shall keep their dogs on a leash at all times
1442	and shall keep their dogs under reasonable control.
1443	5.  Dogs shall not be allowed on chairs, tables, or other
1444	furnishings.
1445	6.  All table and chair surfaces shall be cleaned and
1446	sanitized with an approved product between seating of patrons.
1447	Spilled food and drink shall be removed from the floor or ground
1448	between seating of patrons.
1449	7.  Accidents involving dog waste shall be cleaned
1450	immediately and the area sanitized with an approved product. A
1451	kit with the appropriate materials for this purpose shall be
1452	kept near the designated outdoor area.
1453	8.  A sign or signs reminding employees of the applicable
1454	rules shall be posted on premises in a manner and place as
1455	determined by the local permitting authority.
1456	9.  A sign or signs reminding patrons of the applicable
1457	rules shall be posted on premises in a manner and place as
1458	determined by the local permitting authority.
1459	10.  A sign or signs shall be posted in a manner and place
1460	as determined by the local permitting authority that places the
1461	public on notice that the designated outdoor area is available
1462	for the use of patrons and patrons' dogs.
1463	11.  Dogs shall not be permitted to travel through indoor
1464	or nondesignated outdoor portions of the public food service
1465	establishment, and ingress and egress to the designated outdoor
1466	portions of the public food service establishment must not
1467	require entrance into or passage through any indoor area of the
1468	food establishment.
1469	(d)  A permit issued pursuant to this section shall not be
1470	transferred to a subsequent owner upon the sale of a public food
1471	service establishment but shall expire automatically upon the
1472	sale of the establishment. The subsequent owner shall be
1473	required to reapply for a permit pursuant to this section if the
1474	subsequent owner wishes to continue to accommodate patrons'
1475	dogs.
1476	(4)(5)  POWERS; ENFORCEMENT.--Participating local
1477	governments shall have such powers as are reasonably necessary
1478	to regulate and enforce the provisions of this section.
1479	(5)(6)  STATE AND LOCAL COOPERATION.--The division shall
1480	provide reasonable assistance to participating local governments
1481	in the development of enforcement procedures and regulations,
1482	and participating local governments shall monitor permitholders
1483	for compliance in cooperation with the division. At a minimum,
1484	participating local governments shall establish a procedure to
1485	accept, document, and respond to complaints and to timely report
1486	to the division all such complaints and the participating local
1487	governments' enforcement responses to such complaints. A
1488	participating local government shall provide the division with a
1489	copy of all approved applications and permits issued, and the
1490	participating local government shall require that all
1491	applications, permits, and other related materials contain the
1492	appropriate division-issued license number for each public food
1493	service establishment.
1494	(7)  FUTURE REVIEW AND REPEAL.--This section shall expire
1495	July 1, 2009, unless reviewed and saved from repeal through
1496	reenactment by the Legislature.
1497	Section 39.  Subsections (8) through (22) of section
1498	548.002, Florida Statutes, are renumbered as subsections (9)
1499	through (23), respectively, and a new subsection (8) is added to
1500	that section, to read:
1501	548.002  Definitions.--As used in this chapter, the term:
1502	(8)  "Event" means one or more matches comprising a show.
1503	Section 40.  Paragraph (k) of subsection (2) of section
1504	548.003, Florida Statutes, is amended to read:
1505	548.003  Florida State Boxing Commission.--
1506	(2)  The Florida State Boxing Commission, as created by
1507	subsection (1), shall administer the provisions of this chapter.
1508	The commission has authority to adopt rules pursuant to ss.
1509	120.536(1) and 120.54 to implement the provisions of this
1510	chapter and to implement each of the duties and responsibilities
1511	conferred upon the commission, including, but not limited to:
1512	(k)  Establishment of criteria for approval, disapproval,
1513	suspension of approval, and revocation of approval of amateur
1514	sanctioning organizations for amateur boxing, and kickboxing,
1515	and mixed martial arts matches held in this state, including,
1516	but not limited to, the health and safety standards the
1517	organizations use before, during, and after the matches to
1518	ensure the health, safety, and well-being of the amateurs
1519	participating in the matches, including the qualifications and
1520	numbers of health care personnel required to be present, the
1521	qualifications required for referees, and other requirements
1522	relating to the health, safety, and well-being of the amateurs
1523	participating in the matches. The commission may adopt by rule,
1524	or incorporate by reference into rule, the health and safety
1525	standards of USA Boxing as the minimum health and safety
1526	standards for an amateur boxing sanctioning organization, and
1527	the health and safety standards of the International Sport
1528	Kickboxing Association as the minimum health and safety
1529	standards for an amateur kickboxing sanctioning organization,
1530	and the minimum health and safety standards for an amateur mixed
1531	martial arts sanctioning organization. The commission shall
1532	review its rules for necessary revision at least every 2 years
1533	and may adopt by rule, or incorporate by reference into rule,
1534	the then-existing current health and safety standards of USA
1535	Boxing and the International Sport Kickboxing Association. The
1536	commission may adopt emergency rules to administer this
1537	paragraph.
1538	Section 41.  For the purpose of incorporating the amendment
1539	made by this act to subsection (1) of section 455.227, Florida
1540	Statutes, in a reference thereto, paragraph (a) of subsection
1541	(2) of section 468.436, Florida Statutes, is reenacted to read:
1542	468.436  Disciplinary proceedings.--
1543	(2)  The following acts constitute grounds for which the
1544	disciplinary actions in subsection (4) may be taken:
1545	(a)  Violation of any provision of s. 455.227(1).
1546	Section 42.  For the purpose of incorporating the amendment
1547	made by this act to subsection (1) of section 455.227, Florida
1548	Statutes, in a reference thereto, paragraph (a) of subsection
1549	(1) of section 468.832, Florida Statutes, is reenacted to read:
1550	468.832  Disciplinary proceedings.--
1551	(1)  The following acts constitute grounds for which the
1552	disciplinary actions in subsection (2) may be taken:
1553	(a)  Violation of any provision of this part or s.
1554	455.227(1);
1555	Section 43.  For the purpose of incorporating the amendment
1556	made by this act to subsection (1) of section 455.227, Florida
1557	Statutes, in a reference thereto, paragraph (a) of subsection
1558	(1) of section 468.842, Florida Statutes, is reenacted to read:
1559	468.842  Disciplinary proceedings.--
1560	(1)  The following acts constitute grounds for which the
1561	disciplinary actions in subsection (2) may be taken:
1562	(a)  Violation of any provision of this part or s.
1563	455.227(1);
1564	Section 44.  For the purpose of incorporating the amendment
1565	made by this act to subsection (1) of section 455.227, Florida
1566	Statutes, in a reference thereto, paragraph (a) of subsection
1567	(1) of section 471.033, Florida Statutes, is reenacted to read:
1568	471.033  Disciplinary proceedings.--
1569	(1)  The following acts constitute grounds for which the
1570	disciplinary actions in subsection (3) may be taken:
1571	(a)  Violating any provision of s. 455.227(1), s. 471.025,
1572	or s. 471.031, or any other provision of this chapter or rule of
1573	the board or department.
1574	Section 45.  For the purpose of incorporating the amendment
1575	made by this act to section (1) of section 455.227, Florida
1576	Statutes, in a reference thereto, paragraph (a) of subsection
1577	(1) of section 472.033, Florida Statutes, is reenacted to read:
1578	472.033  Disciplinary proceedings.--
1579	(1)  The following acts constitute grounds for which the
1580	disciplinary actions in subsection (2) may be taken:
1581	(a)  Violation of any provision of s. 472.031 or s.
1582	455.227(1);
1583	Section 46.  For the purpose of incorporating the amendment
1584	made by this act to subsection (1) of section 455.227, Florida
1585	Statutes, in a reference thereto, paragraph (a) of subsection
1586	(1) of section 473.323, Florida Statutes, is reenacted to read:
1587	473.323  Disciplinary proceedings.--
1588	(1)  The following acts constitute grounds for which the
1589	disciplinary actions in subsection (3) may be taken:
1590	(a)  Violation of any provision of s. 455.227(1) or any
1591	other provision of this chapter.
1592	Section 47.  For the purpose of incorporating the amendment
1593	made by this act to subsection (1) of section 455.227, Florida
1594	Statutes, in a reference thereto, paragraph (a) of subsection
1595	(1) of section 475.25, Florida Statutes, is reenacted to read:
1596	475.25  Discipline.--
1597	(1)  The commission may deny an application for licensure,
1598	registration, or permit, or renewal thereof; may place a
1599	licensee, registrant, or permittee on probation; may suspend a
1600	license, registration, or permit for a period not exceeding 10
1601	years; may revoke a license, registration, or permit; may impose
1602	an administrative fine not to exceed $5,000 for each count or
1603	separate offense; and may issue a reprimand, and any or all of
1604	the foregoing, if it finds that the licensee, registrant,
1605	permittee, or applicant:
1606	(a)  Has violated any provision of s. 455.227(1) or s.
1607	475.42. However, licensees under this part are exempt from the
1608	provisions of s. 455.227(1)(i).
1609	Section 48.  For the purpose of incorporating the amendment
1610	made by this act to subsection (1) of section 455.227, Florida
1611	Statutes, in a reference thereto, subsection (1) of section
1612	475.624, Florida Statutes, is reenacted to read:
1613	475.624  Discipline.--The board may deny an application for
1614	registration or certification; may investigate the actions of
1615	any appraiser registered, licensed, or certified under this
1616	part; may reprimand or impose an administrative fine not to
1617	exceed $5,000 for each count or separate offense against any
1618	such appraiser; and may revoke or suspend, for a period not to
1619	exceed 10 years, the registration, license, or certification of
1620	any such appraiser, or place any such appraiser on probation, if
1621	it finds that the registered trainee, licensee, or
1622	certificateholder:
1623	(1)  Has violated any provisions of this part or s.
1624	455.227(1); however, certificateholders, registrants, and
1625	licensees under this part are exempt from the provisions of s.
1626	455.227(1)(i).
1627	Section 49.  For the purpose of incorporating the amendment
1628	made by this act to subsection (1) of section 455.227, Florida
1629	Statutes, in a reference thereto, paragraph (h) of subsection
1630	(1) of section 476.204, Florida Statutes, is reenacted to read:
1631	476.204  Penalties.--
1632	(1)  It is unlawful for any person to:
1633	(h)  Violate any provision of s. 455.227(1), s. 476.194, or
1634	s. 476.214.
1635	Section 50.  For the purpose of incorporating the amendment
1636	made by this act to subsection (1) of section 455.227, Florida
1637	Statutes, in a reference thereto, paragraph (h) of subsection
1638	(1) of section 477.029, Florida Statutes, is reenacted to read:
1639	477.029  Penalty.--
1640	(1)  It is unlawful for any person to:
1641	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
1642	or s. 477.028.
1643	Section 51.  For the purpose of incorporating the amendment
1644	made by this act to subsection (1) of section 455.227, Florida
1645	Statutes, in a reference thereto, paragraph (a) of subsection
1646	(1) of section 481.225, Florida Statutes, is reenacted to read:
1647	481.225  Disciplinary proceedings against registered
1648	architects.--
1649	(1)  The following acts constitute grounds for which the
1650	disciplinary actions in subsection (3) may be taken:
1651	(a)  Violating any provision of s. 455.227(1), s. 481.221,
1652	or s. 481.223, or any rule of the board or department lawfully
1653	adopted pursuant to this part or chapter 455.
1654	Section 52.  For the purpose of incorporating the amendment
1655	made by this act to subsection (1) of section 455.227, Florida
1656	Statutes, in a reference thereto, paragraph (a) of subsection
1657	(1) of section 481.325, Florida Statutes, is reenacted to read:
1658	481.325  Disciplinary proceedings.--
1659	(1)  The following acts constitute grounds for which the
1660	disciplinary actions in subsection (3) may be taken:
1661	(a)  Violation of any provision of s. 455.227(1), s.
1662	481.321, or s. 481.323.
1663	Section 53.  Section 509.201, Florida Statutes, is
1664	repealed.
1665	Section 54.  Effective upon this act becoming a law, the
1666	amendments made by this act to ss. 489.128(1)(a) and
1667	489.532(1)(a), Florida Statutes, shall apply retroactively to
1668	contracts entered into on or after October 1, 2000, and shall
1669	apply retroactively to all actions pending when this act becomes
1670	a law.
1671	Section 55.  Except as otherwise expressly provided in this
1672	act, this act shall take effect October 1, 2009.

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