CS/CS/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. 468.402, F.S.; providing for
18	certain disciplinary action against a talent agency for
19	revocation, suspension, or denial of the agency's license
20	in any jurisdiction; amending s. 468.403, F.S.;
21	prohibiting certain acts by persons who are not licensed
22	as a talent agency; amending s. 468.409, F.S.; requiring
23	certain records kept by a talent agency to be readily
24	available for inspection by the department; requiring
25	copies of the records to be provided to the department in
26	a specified manner; amending s. 468.410, F.S.; specifying
27	the time by which a talent agency must give an applicant
28	for the agency's registration or employment services a
29	copy of the contract for those services; amending s.
30	468.412, F.S.; requiring a talent agency to advise an
31	artist, in writing, of certain rights relating to
32	contracts for employment; specifying that an engagement
33	procured by a talent agency during a specified period
34	remains commissionable to the agency; limiting a
35	prohibition against division of fees by a talent agency to
36	circumstances in which the artist does not give written
37	consent; providing a definition; authorizing a talent
38	agency to assign an engagement contract to another agency
39	under certain circumstances; amending s. 468.413, F.S.;
40	increasing the penalty that the department may assess
41	against a talent agency that violates certain provisions
42	of law; amending s. 468.609, F.S.; deleting a requirement
43	that applicants for building code administrator
44	certification complete a certain core curriculum before
45	taking the certification examination; amending ss. 468.627
46	and 471.0195, F.S.; deleting provisions requiring building
47	code administrator and inspector certificateholders and
48	engineer licensees to complete a certain core curriculum
49	or pass an equivalency test of the Florida Building Code
50	Compliance and Mitigation Program; amending s. 473.305,
51	F.S.; deleting an examination late filing fee applicable
52	to certified public accountant examinees; amending s.
53	473.311, F.S.; deleting a provision requiring passage of a
54	rules examination for renewal of license as a certified
55	public accountant; amending s. 473.313, F.S.; deleting a
56	provision requiring passage of an examination as a
57	condition for reactivation of an inactive license as a
58	certified public accountant; amending s. 475.175, F.S.;
59	deleting the option to submit a notarized application for
60	a real estate broker or sales associate license; amending
61	s. 475.451, F.S.; limiting the attorney exemption from
62	continuing education requirements to attorneys in good
63	standing with The Florida Bar; amending s. 475.615, F.S.;
64	deleting a requirement that an application for a real
65	estate appraiser certification be notarized; amending ss.
66	476.134 and 476.144, F.S.; requiring a written examination
67	for a barbering license; deleting provisions for a
68	practical examination for barbering license applicants;
69	amending s. 477.026, F.S.; increasing maximum fees for
70	cosmetology licenses; amending ss. 481.215 and 481.313,
71	F.S.; deleting provisions requiring architect, interior
72	designer, and landscape architect licensees to complete a
73	certain core curriculum or pass an equivalency test of the
74	Florida Building Code Compliance and Mitigation Program;
75	amending s. 489.103, F.S.; revising a disclosure statement
76	that a local permitting agency must provide to property
77	owners who apply for building permits and claim certain
78	exemptions from provisions regulating construction
79	contracting; amending s. 489.105, F.S.; revising the term
80	"specialty contractor" to require that the scope of work
81	and responsibility of a specialty contractor be
82	established in a category of construction contracting
83	adopted by rule of the Construction Industry Licensing
84	Board; amending s. 489.109, F.S.; increasing maximum fees
85	for construction contractor certifications; establishing
86	fees for registration or certification to qualify a
87	business organization for contracting; deleting provisions
88	relating to a business organization's certificate of
89	authority to conform to changes made by the act; amending
90	s. 489.114, F.S.; deleting provisions relating to a
91	business organization's certificate of authority to
92	conform to changes made by the act; amending s. 489.115,
93	F.S.; deleting provisions requiring construction
94	contractor certificateholders and registrants to complete
95	a certain core curriculum or pass an equivalency test of
96	the Florida Building Code Compliance and Mitigation
97	Program; amending s. 489.117, F.S.; revising requirements
98	for the registration of certain contractors; deleting
99	provisions requiring a contractor applicant to submit
100	proof of a local occupational license; specifying
101	circumstances under which a specialty contractor holding a
102	local license is not required to register with the board;
103	deleting provisions for the issuance of tracking
104	registrations to certain contractors who are not eligible
105	for registration as specialty contractors; limiting the
106	licensing and disciplinary actions that local
107	jurisdictions must report to the board to certain actions
108	of registered contractors; deleting provisions requiring
109	the board to establish uniform job scopes for any
110	construction contracting license category; amending s.
111	489.119, F.S.; deleting provisions for the issuance of a
112	certificate of authority to a business organization for
113	contracting; requiring a contractor to apply for
114	registration or certification to qualify a business
115	organization as the qualifying agent; authorizing the
116	board to deny a registration or certification to qualify a
117	business organization under certain circumstances;
118	providing application procedures and requirements for the
119	issuance of a business tax receipt to a business
120	organization; deleting provisions for the issuance of an
121	occupational license to a business organization;
122	authorizing a local government to impose fines against
123	certified or registered contractors under certain
124	circumstances; requiring the qualifying agent of a
125	business organization to present certain evidence to the
126	board; providing that the board has discretion to approve
127	a business organization; amending s. 489.127, F.S.;
128	deleting provisions relating to a business organization's
129	certificate of authority for contracting to conform to
130	changes made by the act; amending s. 489.128, F.S.;
131	revising the circumstances under which a person is
132	considered an unlicensed contractor; deleting provisions
133	relating to a business organization's certificate of
134	authority for contracting to conform to changes made by
135	the act; amending ss. 489.129 and 489.132, F.S.; deleting
136	provisions relating to a business organization's
137	certificate of authority for contracting to conform to
138	changes made by the act; amending s. 489.1455, F.S.;
139	deleting provisions requiring certain journeymen licensees
140	to complete a certain core curriculum or pass an
141	equivalency test of the Florida Building Code Compliance
142	and Mitigation Program; amending s. 489.505, F.S.;
143	revising the term "specialty contractor" to require that
144	the scope of practice of a specialty contractor be
145	established in a category of electrical or alarm system
146	contracting adopted by rule of the Electrical Contractors'
147	Licensing Board; amending s. 489.513, F.S.; deleting a
148	requirement that the local license required for an
149	electrical or alarm system contractor be an occupational
150	license; limiting the licensing and disciplinary actions
151	that local jurisdictions must report to the board to
152	certain actions of registered contractors; deleting
153	provisions requiring the board to establish uniform job
154	scopes for any electrical and alarm system contracting
155	license category; amending s. 489.516, F.S.; authorizing
156	local officials to require a contractor to obtain a
157	business tax receipt; deleting provisions requiring a
158	contractor to pay an occupational license fee; amending s.
159	489.517, F.S.; deleting provisions requiring electrical
160	and alarm system contractor certificateholders and
161	registrants to complete a certain core curriculum or pass
162	an equivalency test of the Florida Building Code
163	Compliance and Mitigation Program; amending s. 489.521,
164	F.S.; providing application procedures and requirements
165	for the issuance of a business tax receipt to a business
166	organization; deleting provisions for the issuance of an
167	occupational license to a business organization; amending
168	s. 489.5315, F.S.; specifying that certain electrical or
169	alarm system contractors are not required to obtain a
170	business tax receipt; deleting a provision exempting
171	certain contractors from requirements for an occupational
172	license to conform to changes made by the act; amending s.
173	489.532, F.S.; revising the circumstances under which a
174	person is considered an unlicensed electrical or alarm
175	system contractor; amending s. 489.537, F.S.; authorizing
176	a county or municipality to collect fees for business tax
177	receipts from electrical and alarm system contractors;
178	deleting a provision authorizing the collection of
179	occupational license fees; amending s. 509.233, F.S.;
180	authorizing local governments to establish, by ordinance,
181	local exemption procedures to allow patrons' dogs within
182	certain designated outdoor portions of public food service
183	establishments; deleting provisions for a pilot program
184	that limits the authority for such local exemption
185	procedures to a specified time; deleting a provision that
186	provides for the future review and repeal of such pilot
187	program; amending s. 548.002, F.S.; defining the term
188	"event" for regulation of pugilistic exhibitions; amending
189	s. 548.003, F.S.; authorizing the Florida State Boxing
190	Commission to adopt criteria for the approval of certain
191	amateur sanctioning organizations; authorizing the
192	commission to adopt health and safety standards for
193	amateur mixed martial arts; reenacting ss. 468.436(2)(a),
194	468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
195	472.033(1)(a), 473.323(1)(a), 475.25(1)(a), 475.624(1),
196	476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
197	481.325(1)(a), F.S., relating to the discipline of
198	community association managers or firms, home inspectors,
199	mold assessors and remediators, engineers, surveyors and
200	mappers, certified public accountants and accounting
201	firms, real estate brokers and sales associates, real
202	estate appraisers, barbers, cosmetologists, architects,
203	and landscape architects, to incorporate the amendment
204	made to s. 455.227, F.S., in references thereto; repealing
205	s. 509.201, F.S., relating to posting and advertising the
206	room rates of a public lodging establishment and related
207	penalties; providing effective dates.
208
209	Be It Enacted by the Legislature of the State of Florida:
210
211	Section 1.  Subsection (1) of section 455.213, Florida
212	Statutes, is amended to read:
213	455.213  General licensing provisions.--
214	(1)  Any person desiring to be licensed shall apply to the
215	department in writing. The application for licensure shall be
216	submitted made on a form prescribed prepared and furnished by
217	the department and must include the applicant's social security
218	number. Notwithstanding any other provision of law, the
219	department is the sole authority for determining the contents of
220	any documents to be submitted for initial licensure and
221	licensure renewal. Such documents may contain information
222	including, as appropriate: demographics, education, work
223	history, personal background, criminal history, finances,
224	business information, complaints, inspections, investigations,
225	discipline, bonding, signature notarization, photographs,
226	performance periods, reciprocity, local government approvals,
227	supporting documentation, periodic reporting requirements,
228	fingerprint requirements, continuing education requirements, and
229	ongoing education monitoring. The application shall be
230	supplemented as needed to reflect any material change in any
231	circumstance or condition stated in the application which takes
232	place between the initial filing of the application and the
233	final grant or denial of the license and which might affect the
234	decision of the department. In order to further the economic
235	development goals of the state, and notwithstanding any law to
236	the contrary, the department may enter into an agreement with
237	the county tax collector for the purpose of appointing the
238	county tax collector as the department's agent to accept
239	applications for licenses and applications for renewals of
240	licenses. The agreement must specify the time within which the
241	tax collector must forward any applications and accompanying
242	application fees to the department. In cases where a person
243	applies or schedules directly with a national examination
244	organization or examination vendor to take an examination
245	required for licensure, any organization- or vendor-related fees
246	associated with the examination may be paid directly to the
247	organization or vendor. An application is received for purposes
248	of s. 120.60 upon the department's receipt of the application
249	submitted in the format prescribed by the department; the
250	application fee set by the board or, if there is no board, set
251	by the department; and any other fee required by law or rule to
252	be remitted with the application.
253	Section 2.  Paragraphs (t) and (u) are added to subsection
254	(1) of section 455.227, Florida Statutes, to read:
255	455.227  Grounds for discipline; penalties; enforcement.--
256	(1)  The following acts shall constitute grounds for which
257	the disciplinary actions specified in subsection (2) may be
258	taken:
259	(t)  Failing to report in writing to the board or, if there
260	is no board, to the department within 30 days after the licensee
261	is convicted or found guilty of, or entered a plea of nolo
262	contendere or guilty to, regardless of adjudication, a crime in
263	any jurisdiction. A licensee must report a conviction, finding
264	of guilt, plea, or adjudication entered before the effective
265	date of this paragraph within 30 days after the effective date
266	of this paragraph.
267	(u)  Termination from a treatment program for impaired
268	practitioners as described in s. 456.076 for failure to comply,
269	without good cause, with the terms of the monitoring or
270	treatment contract entered into by the licensee or failing to
271	successfully complete a drug or alcohol treatment program.
272	Section 3.  Section 455.2274, Florida Statutes, is created
273	to read:
274	455.2274  Criminal proceedings against licensees;
275	appearances by department representatives.--A representative of
276	the department may voluntarily appear in a criminal proceeding
277	brought against a person licensed by the department to practice
278	a profession regulated by the state. The department's
279	representative is authorized to furnish pertinent information,
280	make recommendations regarding specific conditions of probation,
281	and provide other assistance to the court necessary to promote
282	justice or protect the public. The court may order a
283	representative of the department to appear in a criminal
284	proceeding if the crime charged is substantially related to the
285	qualifications, functions, or duties of a license regulated by
286	the department.
287	Section 4.  Paragraph (i) of subsection (1) of section
288	468.402, Florida Statutes, is amended to read:
289	468.402  Duties of the department; authority to issue and
290	revoke license; adoption of rules.--
291	(1)  The department may take any one or more of the actions
292	specified in subsection (5) against any person who has:
293	(i)  Had a license to operate a talent agency revoked,
294	suspended, or otherwise acted against, including, but not
295	limited to, having been denied a license for good cause by the
296	licensing authority of any another state, territory, or country.
297	Section 5.  Subsection (1) of section 468.403, Florida
298	Statutes, is amended to read:
299	468.403  License requirements.--
300	(1)  A person may not own, operate, solicit business, or
301	otherwise engage in or carry on the occupation of a talent
302	agency in this state unless the such person first procures a
303	license for the talent agency from the department. However, A
304	license is not required for a person who acts as an agent for
305	herself or himself, a family member, or exclusively for one
306	artist. However, a person may not advertise or otherwise hold
307	herself or himself out as a "talent agency" or "talent agent"
308	unless the person is licensed under this section as a talent
309	agency.
310	Section 6.  Section 468.409, Florida Statutes, is amended
311	to read:
312	468.409  Records required to be kept.--Each talent agency
313	shall keep on file the application, registration, or contract of
314	each artist. In addition, such file must include the name and
315	address of each artist, the amount of the compensation received,
316	and all attempts to procure engagements for the artist. No such
317	agency or employee thereof shall knowingly make any false entry
318	in applicant files or receipt files. Each card or document in
319	such files shall be preserved for a period of 1 year after the
320	date of the last entry thereon. Records required under this
321	section shall be readily available for inspection by the
322	department during reasonable business hours at the talent
323	agency's principal office. A talent agency must provide the
324	department with true copies of the records in the manner
325	prescribed by the department.
326	Section 7.  Subsection (3) of section 468.410, Florida
327	Statutes, is amended to read:
328	468.410  Prohibition against registration fees; referral.--
329	(3)  A talent agency shall give each applicant a copy of a
330	contract, within 24 hours after the contract's execution, which
331	lists the services to be provided and the fees to be charged.
332	The contract shall state that the talent agency is regulated by
333	the department and shall list the address and telephone number
334	of the department.
335	Section 8.  Subsections (5) and (8) of section 468.412,
336	Florida Statutes, are amended, and subsection (11) is added to
337	that section, to read:
338	468.412  Talent agency regulations; prohibited acts.--
339	(5)(a)  No talent agency may knowingly issue a contract for
340	employment containing any term or condition which, if complied
341	with, would be in violation of law, or attempt to fill an order
342	for help to be employed in violation of law.
343	(b)  A talent agency must advise an artist, in writing,
344	that the artist has a right to rescind a contract for employment
345	within the first 3 business days after the contract's execution.
346	Any engagement procured by the talent agency for the artist
347	during the first 3 business days of the contract remains
348	commissionable to the talent agency.
349	(8)  No talent agency, without the written consent of the
350	artist, may divide fees with anyone, including, but not limited
351	to, an agent or other employee of an employer, a buyer, a
352	casting director, a producer, a director, or any venue that uses
353	entertainment. For purposes of this subsection, to "divide fees"
354	includes the sharing among two or more persons of those fees
355	charged to an artist for services performed on behalf of that
356	artist, the total amount of which fees exceeds the amount that
357	would have been charged to the artist by the talent agency
358	alone.
359	(11)  A talent agency may assign an engagement contract to
360	another talent agency licensed in this state only if the artist
361	agrees in writing to the assignment. The assignment must occur,
362	and written notice of the assignment must be given to the
363	artist, within 30 days after the artist agrees in writing to the
364	assignment.
365	Section 9.  Subsection (4) of section 468.413, Florida
366	Statutes, is amended to read:
367	468.413  Legal requirements; penalties.--
368	(4)  In the event the department or any state attorney
369	shall have probable cause to believe that a talent agency or
370	other person has violated any provision of subsection (1), an
371	action may be brought by the department or any state attorney to
372	enjoin such talent agency or any person from continuing such
373	violation, or engaging therein or doing any acts in furtherance
374	thereof, and for such other relief as to the court seems
375	appropriate. In addition to this remedy, the department may
376	assess a penalty against any talent agency or any person in an
377	amount not to exceed $5,000 $1,000.
378	Section 10.  Paragraph (d) of subsection (3) of section
379	468.609, Florida Statutes, is amended to read:
380	468.609  Administration of this part; standards for
381	certification; additional categories of certification.--
382	(3)  A person may take the examination for certification as
383	a building code administrator pursuant to this part if the
384	person:
385	(d)  After the building code training program is
386	established under s. 553.841, demonstrates successful completion
387	of the core curriculum approved by the Florida Building
388	Commission, appropriate to the licensing category sought.
389	Section 11.  Subsection (6) of section 468.627, Florida
390	Statutes, is amended to read:
391	468.627  Application; examination; renewal; fees.--
392	(6)  Each certificateholder shall provide to the board
393	proof of completion of the core curriculum courses of the
394	building code training program established by s. 553.841, within
395	2 years after commencement of the program. Each new
396	certificateholder shall provide to the board proof of completion
397	of the core curriculum courses of the building code training
398	program established in s. 553.841 within the first 2-year period
399	after initial licensure. Continuing education hours spent taking
400	such core curriculum courses shall count toward the number
401	required for license renewal.
402	Section 12.  Section 471.0195, Florida Statutes, is amended
403	to read:
404	471.0195  Florida Building Code training for
405	engineers.--All licensees actively participating in the design
406	of engineering works or systems in connection with buildings,
407	structures, or facilities and systems covered by the Florida
408	Building Code shall take continuing education courses and submit
409	proof to the board, at such times and in such manner as
410	established by the board by rule, that the licensee has
411	completed the core curriculum courses and any specialized or
412	advanced courses on any portion of the Florida Building Code
413	applicable to the licensee's area of practice or has passed the
414	appropriate equivalency test of the Building Code Training
415	Program as required by s. 553.841. The board shall record
416	reported continuing education courses on a system easily
417	accessed by code enforcement jurisdictions for evaluation when
418	determining license status for purposes of processing design
419	documents. Local jurisdictions shall be responsible for
420	notifying the board when design documents are submitted for
421	building construction permits by persons who are not in
422	compliance with this section. The board shall take appropriate
423	action as provided by its rules when such noncompliance is
424	determined to exist.
425	Section 13.  Section 473.305, Florida Statutes, is amended
426	to read:
427	473.305  Fees.--The board, by rule, may establish fees to
428	be paid for applications, examination, reexamination, licensing
429	and renewal, reinstatement, and recordmaking and recordkeeping.
430	The fee for the examination shall be established at an amount
431	that covers the costs for the procurement or development,
432	administration, grading, and review of the examination. The fee
433	for the examination is refundable if the applicant is found to
434	be ineligible to sit for the examination. The fee for initial
435	application is nonrefundable, and the combined fees for
436	application and examination may not exceed $250 plus the actual
437	per applicant cost to the department for purchase of the
438	examination from the American Institute of Certified Public
439	Accountants or a similar national organization. The biennial
440	renewal fee may not exceed $250. The board may also establish,
441	by rule, a reactivation fee, a late filing fee for the law and
442	rules examination, and a delinquency fee not to exceed $50 for
443	continuing professional education reporting forms. The board
444	shall establish fees which are adequate to ensure the continued
445	operation of the board and to fund the proportionate expenses
446	incurred by the department which are allocated to the regulation
447	of public accountants. Fees shall be based on department
448	estimates of the revenue required to implement this chapter and
449	the provisions of law with respect to the regulation of
450	certified public accountants.
451	Section 14.  Subsection (1) of section 473.311, Florida
452	Statutes, is amended to read:
453	473.311  Renewal of license.--
454	(1)  The department shall renew a license upon receipt of
455	the renewal application and fee and upon certification by the
456	board that the licensee has satisfactorily completed the
457	continuing education requirements of s. 473.312 and has passed
458	an examination approved by the board on chapter 455 and this
459	chapter and the related administrative rules. However, each
460	licensee must complete the requirements of s. 473.312(1)(c)
461	prior to taking the examination.
462	Section 15.  Subsection (3) of section 473.313, Florida
463	Statutes, is amended to read:
464	473.313  Inactive status.--
465	(3)  Any licensee holding an inactive license may be
466	permitted to reactivate such license in a conditional manner.
467	The conditions of reactivation shall require, in addition to the
468	payment of fees, the passing of the examination approved by the
469	board concerning chapter 455 and this chapter, and the related
470	administrative rules, and the completion of required continuing
471	education.
472	Section 16.  Paragraph (a) of subsection (1) of section
473	475.175, Florida Statutes, is amended to read:
474	475.175  Examinations.--
475	(1)  A person shall be entitled to take the license
476	examination to practice in this state if the person:
477	(a)  Submits to the department the appropriate notarized or
478	electronically authenticated application and fee, and a
479	fingerprint card. The fingerprint card shall be forwarded to the
480	Division of Criminal Justice Information Systems within the
481	Department of Law Enforcement for purposes of processing the
482	fingerprint card to determine if the applicant has a criminal
483	history record. The fingerprint card shall also be forwarded to
484	the Federal Bureau of Investigation for purposes of processing
485	the fingerprint card to determine if the applicant has a
486	criminal history record. The information obtained by the
487	processing of the fingerprint card by the Florida Department of
488	Law Enforcement and the Federal Bureau of Investigation shall be
489	sent to the department for the purpose of determining if the
490	applicant is statutorily qualified for examination. Effective
491	July 1, 2006, an applicant shall provide fingerprints in
492	electronic format.
493	Section 17.  Subsection (6) of section 475.451, Florida
494	Statutes, is amended to read:
495	475.451  Schools teaching real estate practice.--
496	(6)  Any course prescribed by the commission as a condition
497	precedent to any person's becoming initially licensed as a sales
498	associate may be taught in any real estate school through the
499	use of a video tape of instruction by a currently permitted
500	instructor from any such school or may be taught by distance
501	learning pursuant to s. 475.17(2). The commission may require
502	that any such video tape course have a single session of live
503	instruction by a currently permitted instructor from any such
504	school; however, this requirement shall not exceed 3 classroom
505	hours. All other prescribed courses, except the continuing
506	education course required by s. 475.182, shall be taught by a
507	currently permitted school instructor personally in attendance
508	at such course or by distance learning pursuant to s. 475.17.
509	The continuing education course required by s. 475.182 may be
510	taught by distance learning pursuant to s. 475.17 or by an
511	equivalent correspondence course; however, any such
512	correspondence course shall be required to have a final
513	examination, prepared and administered by the school issuing the
514	correspondence course. The continuing education requirements
515	provided in this section or provided in any other section in
516	this chapter do not apply with respect to an any attorney who is
517	otherwise qualified under the provisions of this chapter and who
518	is a member in good standing of The Florida Bar.
519	Section 18.  Subsection (5) of section 475.615, Florida
520	Statutes, is amended to read:
521	475.615  Qualifications for registration or
522	certification.--
523	(5)  At the time of filing an a notarized application for
524	registration or certification, the applicant must sign a pledge
525	to comply with the Uniform Standards of Professional Appraisal
526	Practice upon registration or certification and must indicate in
527	writing that she or he understands the types of misconduct for
528	which disciplinary proceedings may be initiated. The application
529	shall expire 1 year after the date received.
530	Section 19.  Subsection (1) of section 476.134, Florida
531	Statutes, is amended to read:
532	476.134  Examinations.--
533	(1)  Examinations of applicants for licenses as barbers
534	shall be offered not less than four times each year. The
535	examination of applicants for licenses as barbers shall may
536	include both a practical demonstration and a written test. The
537	board shall have the authority to adopt rules with respect to
538	the examination of applicants for licensure. The board may
539	provide rules with respect to written or practical examinations
540	in such manner as the board may deem fit.
541	Section 20.  Paragraph (b) of subsection (6) of section
542	476.144, Florida Statutes, is amended to read:
543	476.144  Licensure.--
544	(6)  A person may apply for a restricted license to
545	practice barbering. The board shall adopt rules specifying
546	procedures for an applicant to obtain a restricted license if
547	the applicant:
548	(b)  Passes a written examination on the laws and rules
549	governing the practice of barbering in Florida, as established
550	by the board, and a practical examination approved by the board.
551
552	The restricted license shall limit the licensee's practice to
553	those specific areas in which the applicant has demonstrated
554	competence pursuant to rules adopted by the board.
555	Section 21.  Paragraph (a) of subsection (1) of section
556	477.026, Florida Statutes, is amended to read:
557	477.026  Fees; disposition.--
558	(1)  The board shall set fees according to the following
559	schedule:
560	(a)  For cosmetologists, fees for original licensing,
561	license renewal, and delinquent renewal shall not exceed $50
562	$25.
563	Section 22.  Subsection (6) of section 481.215, Florida
564	Statutes, is renumbered as subsection (5), and present
565	subsection (5) of that section is amended to read:
566	481.215  Renewal of license.--
567	(5)  Each licensee shall provide to the board proof of
568	completion of the core curriculum courses, or passing the
569	equivalency test of the Building Code Training Program
570	established by s. 553.841, within 2 years after commencement of
571	the program or after initial licensure, whichever is later.
572	Hours spent taking core curriculum courses shall count toward
573	the number required for license renewal. A licensee who passes
574	the equivalency test in lieu of taking the core curriculum
575	courses shall receive full credit for such core curriculum
576	course hours.
577	Section 23.  Subsection (6) of section 481.313, Florida
578	Statutes, is renumbered as subsection (5), and present
579	subsection (5) of that section is amended to read:
580	481.313  Renewal of license.--
581	(5)  Each licenseholder shall provide to the board proof of
582	completion of the core curriculum courses, or passing the
583	equivalency test of the Building Code Training Program
584	established by s. 553.841, within 2 years after commencement of
585	the program or of initial licensure, whichever is later. Hours
586	spent taking core curriculum courses shall count toward the
587	number required for license renewal. A licensee who passes the
588	equivalency test in lieu of taking the core curriculum courses
589	shall receive full credit for core curriculum course hours.
590	Section 24.  Subsection (7) of section 489.103, Florida
591	Statutes, is amended to read:
592	489.103  Exemptions.--This part does not apply to:
593	(7)  Owners of property when acting as their own contractor
594	and providing direct, onsite supervision themselves of all work
595	not performed by licensed contractors:
596	(a)  When building or improving farm outbuildings or one-
597	family or two-family residences on such property for the
598	occupancy or use of such owners and not offered for sale or
599	lease, or building or improving commercial buildings, at a cost
600	not to exceed $75,000, on such property for the occupancy or use
601	of such owners and not offered for sale or lease. In an action
602	brought under this part, proof of the sale or lease, or offering
603	for sale or lease, of any such structure by the owner-builder
604	within 1 year after completion of same creates a presumption
605	that the construction was undertaken for purposes of sale or
606	lease.
607	(b)  When repairing or replacing wood shakes or asphalt or
608	fiberglass shingles on one-family, two-family, or three-family
609	residences for the occupancy or use of such owner or tenant of
610	the owner and not offered for sale within 1 year after
611	completion of the work and when the property has been damaged by
612	natural causes from an event recognized as an emergency
613	situation designated by executive order issued by the Governor
614	declaring the existence of a state of emergency as a result and
615	consequence of a serious threat posed to the public health,
616	safety, and property in this state.
617
618	This subsection does not exempt any person who is employed by or
619	has a contract with such owner and who acts in the capacity of a
620	contractor. The owner may not delegate the owner's
621	responsibility to directly supervise all work to any other
622	person unless that person is registered or certified under this
623	part and the work being performed is within the scope of that
624	person's license. For the purposes of this subsection, the term
625	"owners of property" includes the owner of a mobile home
626	situated on a leased lot. To qualify for exemption under this
627	subsection, an owner must personally appear and sign the
628	building permit application and must satisfy local permitting
629	agency requirements, if any, proving that the owner has a
630	complete understanding of the owner's obligations under the law
631	as specified in the disclosure statement in this section. If any
632	person violates the requirements of this subsection, the local
633	permitting agency shall withhold final approval, revoke the
634	permit, or pursue any action or remedy for unlicensed activity
635	against the owner and any person performing work that requires
636	licensure under the permit issued. The local permitting agency
637	shall provide the person with a disclosure statement in
638	substantially the following form:
639
640	DISCLOSURE STATEMENT
641
642	1.  I understand that state law requires construction to
643	be done by a licensed contractor and have applied for an
644	owner-builder permit under an exemption from the law. The
645	exemption specifies that I, as the owner of the property
646	listed, may act as my own contractor with certain
647	restrictions even though I do not have a license.
648
649	2.  I understand that building permits are not required to
650	be signed by a property owner unless he or she is
651	responsible for the construction and is not hiring a
652	licensed contractor to assume responsibility.
653
654	3.  I understand that, as an owner-builder, I am the
655	responsible party of record on a permit. I understand that
656	I may protect myself from potential financial risk by
657	hiring a licensed contractor and having the permit filed
658	in his or her name instead of my own name. I also
659	understand that a contractor is required by law to be
660	licensed in Florida and to list his or her license numbers
661	on permits and contracts.
662
663	4.  I understand that I may build or improve a one-family
664	or two-family residence or a farm outbuilding. I may also
665	build or improve a commercial building if the costs do not
666	exceed $75,000. The building or residence must be for my
667	own use or occupancy. It may not be built or substantially
668	improved for sale or lease. If a building or residence
669	that I have built or substantially improved myself is sold
670	or leased within 1 year after the construction is
671	complete, the law will presume that I built or
672	substantially improved it for sale or lease, which
673	violates the exemption.
674
675	5.  I understand that, as the owner-builder, I must
676	provide direct, onsite supervision of the construction.
677
678	6.  I understand that I may not hire an unlicensed person
679	to act as my contractor or to supervise persons working on
680	my building or residence. It is my responsibility to
681	ensure that the persons whom I employ have the licenses
682	required by law and by county or municipal ordinance.
683
684	7.  I understand that it is a frequent practice of
685	unlicensed persons to have the property owner obtain an
686	owner-builder permit that erroneously implies that the
687	property owner is providing his or her own labor and
688	materials. I, as an owner-builder, may be held liable and
689	subjected to serious financial risk for any injuries
690	sustained by an unlicensed person or his or her employees
691	while working on my property. My homeowner's insurance may
692	not provide coverage for those injuries. I am willfully
693	acting as an owner-builder and am aware of the limits of
694	my insurance coverage for injuries to workers on my
695	property.
696
697	8.  I understand that I may not delegate the
698	responsibility for supervising work to a licensed
699	contractor who is not licensed to perform the work being
700	done. Any person working on my building who is not
701	licensed must work under my direct supervision and must be
702	employed by me, which means that I must comply with laws
703	requiring the withholding of federal income tax and social
704	security contributions under the Federal Insurance
705	Contributions Act (FICA) and must provide workers'
706	compensation for the employee. I understand that my
707	failure to follow these laws may subject me to serious
708	financial risk.
709
710	9.  I agree that, as the party legally and financially
711	responsible for this proposed construction activity, I
712	will abide by all applicable laws and requirements that
713	govern owner-builders as well as employers. I also
714	understand that the construction must comply with all
715	applicable laws, ordinances, building codes, and zoning
716	regulations.
717
718	10.  I understand that I may obtain more information
719	regarding my obligations as an employer from the Internal
720	Revenue Service, the United States Small Business
721	Administration, the Florida Department of Financial
722	Services, and the Florida Department of Revenue. I also
723	understand that I may contact the Florida Construction
724	Industry Licensing Board at ...(telephone number)... or
725	... (Internet website address)... for more information
726	about licensed contractors.
727
728	11.  I am aware of, and consent to, an owner-builder
729	building permit applied for in my name and understand that
730	I am the party legally and financially responsible for the
731	proposed construction activity at the following address:
732	...(address of property)....
733
734	12.  I agree to notify ...(issuer of disclosure
735	statements)... immediately of any additions, deletions, or
736	changes to any of the information that I have provided on
737	this disclosure.
738
739	Licensed contractors are regulated by laws designed to
740	protect the public. If you contract with a person who does
741	not have a license, the Construction Industry Licensing
742	Board and Department of Business and Professional
743	Regulation may be unable to assist you with any financial
744	loss that you sustain as a result of a complaint. Your
745	only remedy against an unlicensed contractor may be in
746	civil court. It is also important for you to understand
747	that, if an unlicensed contractor or employee of an
748	individual or firm is injured while working on your
749	property, you may be held liable for damages. If you
750	obtain an owner-builder permit and wish to hire a licensed
751	contractor, you will be responsible for verifying whether
752	the contractor is properly licensed and the status of the
753	contractor's workers' compensation coverage.
754
755	Before a building permit can be issued, this disclosure
756	statement must be completed and signed by the property
757	owner and returned to the local permitting agency
758	responsible for issuing the permit. A copy of the property
759	owner's driver license, the notarized signature of the
760	property owner, or other type of verification acceptable
761	to the local permitting agency is required when the permit
762	is issued.
763
764	Signature: ...(signature of property owner)....
765	Date: ...(date)....
766
767	State law requires construction to be done by licensed
768	contractors. You have applied for a permit under an exemption to
769	that law. The exemption allows you, as the owner of your
770	property, to act as your own contractor with certain
771	restrictions even though you do not have a license. You must
772	provide direct, onsite supervision of the construction yourself.
773	You may build or improve a one-family or two-family residence or
774	a farm outbuilding. You may also build or improve a commercial
775	building, provided your costs do not exceed $75,000. The
776	building or residence must be for your own use or occupancy. It
777	may not be built or substantially improved for sale or lease. If
778	you sell or lease a building you have built or substantially
779	improved yourself within 1 year after the construction is
780	complete, the law will presume that you built or substantially
781	improved it for sale or lease, which is a violation of this
782	exemption. You may not hire an unlicensed person to act as your
783	contractor or to supervise people working on your building. It
784	is your responsibility to make sure that people employed by you
785	have licenses required by state law and by county or municipal
786	licensing ordinances. You may not delegate the responsibility
787	for supervising work to a licensed contractor who is not
788	licensed to perform the work being done. Any person working on
789	your building who is not licensed must work under your direct
790	supervision and must be employed by you, which means that you
791	must deduct F.I.C.A. and withholding tax and provide workers'
792	compensation for that employee, all as prescribed by law. Your
793	construction must comply with all applicable laws, ordinances,
794	building codes, and zoning regulations.
795	Section 25.  Paragraph (q) of subsection (3) of section
796	489.105, Florida Statutes, is amended to read:
797	489.105  Definitions.--As used in this part:
798	(3)  "Contractor" means the person who is qualified for,
799	and shall only be responsible for, the project contracted for
800	and means, except as exempted in this part, the person who, for
801	compensation, undertakes to, submits a bid to, or does himself
802	or herself or by others construct, repair, alter, remodel, add
803	to, demolish, subtract from, or improve any building or
804	structure, including related improvements to real estate, for
805	others or for resale to others; and whose job scope is
806	substantially similar to the job scope described in one of the
807	subsequent paragraphs of this subsection. For the purposes of
808	regulation under this part, "demolish" applies only to
809	demolition of steel tanks over 50 feet in height; towers over 50
810	feet in height; other structures over 50 feet in height, other
811	than buildings or residences over three stories tall; and
812	buildings or residences over three stories tall. Contractors are
813	subdivided into two divisions, Division I, consisting of those
814	contractors defined in paragraphs (a)-(c), and Division II,
815	consisting of those contractors defined in paragraphs (d)-(q):
816	(q)  "Specialty contractor" means a contractor whose scope
817	of work and responsibility is limited to a particular phase of
818	construction established in a category adopted by board rule and
819	whose scope is limited to a subset of the activities described
820	in the categories established in one of the paragraphs of this
821	subsection.
822	Section 26.  Paragraphs (a) and (d) of subsection (1) of
823	section 489.109, Florida Statutes, are amended to read:
824	489.109  Fees.--
825	(1)  The board, by rule, shall establish reasonable fees to
826	be paid for applications, certification and renewal,
827	registration and renewal, and recordmaking and recordkeeping.
828	The fees shall be established as follows:
829	(a)  With respect to an applicant for a certificate, the
830	initial application fee may not exceed $150, and, if an
831	examination cost is included in the application fee, the
832	combined amount may not exceed $350. The initial certification
833	fee and the renewal fee may not exceed $250 $200. However, any
834	applicant who seeks certification under this part by taking a
835	practical examination must pay as an examination fee the actual
836	cost incurred by the department in developing, preparing,
837	administering, scoring, score reporting, and evaluating the
838	examination, if the examination is conducted by the department.
839	(d)  With respect to an application for registration or
840	certification to qualify a business organization, the initial
841	application fee and the renewal fee shall be $50 The board, by
842	rule, may establish a fee for transfer of a certificate of
843	authority from one business organization to another, not to
844	exceed the applicable renewal fee.
845	Section 27.  Section 489.114, Florida Statutes, is amended
846	to read:
847	489.114  Evidence of workers' compensation
848	coverage.--Except as provided in s. 489.115(5)(d), any person,
849	business organization, or qualifying agent engaged in the
850	business of contracting in this state and certified or
851	registered under this part shall, as a condition precedent to
852	the issuance or renewal of a certificate or, registration, or
853	certificate of authority of the contractor, provide to the
854	Construction Industry Licensing Board, as provided by board
855	rule, evidence of workers' compensation coverage pursuant to
856	chapter 440. In the event that the Division of Workers'
857	Compensation of the Department of Financial Services receives
858	notice of the cancellation of a policy of workers' compensation
859	insurance insuring a person or entity governed by this section,
860	the Division of Workers' Compensation shall certify and identify
861	all persons or entities by certification or registration license
862	number to the department after verification is made by the
863	Division of Workers' Compensation that persons or entities
864	governed by this section are no longer covered by workers'
865	compensation insurance. Such certification and verification by
866	the Division of Workers' Compensation may result from records
867	furnished to the Division of Workers' Compensation by the
868	persons or entities governed by this section or an investigation
869	completed by the Division of Workers' Compensation. The
870	department shall notify the persons or entities governed by this
871	section who have been determined to be in noncompliance with
872	chapter 440, and the persons or entities notified shall provide
873	certification of compliance with chapter 440 to the department
874	and pay an administrative fine in the amount of $500. The
875	failure to maintain workers' compensation coverage as required
876	by law shall be grounds for the board to revoke, suspend, or
877	deny the issuance or renewal of a certificate or, registration,
878	or certificate of authority of the contractor under the
879	provisions of s. 489.129.
880	Section 28.  Paragraph (b) of subsection (4) of section
881	489.115, Florida Statutes, is amended to read:
882	489.115  Certification and registration; endorsement;
883	reciprocity; renewals; continuing education.--
884	(4)
885	(b)1.  Each certificateholder or registrant shall provide
886	proof, in a form established by rule of the board, that the
887	certificateholder or registrant has completed at least 14
888	classroom hours of at least 50 minutes each of continuing
889	education courses during each biennium since the issuance or
890	renewal of the certificate or registration. The board shall
891	establish by rule that a portion of the required 14 hours must
892	deal with the subject of workers' compensation, business
893	practices, workplace safety, and, for applicable licensure
894	categories, wind mitigation methodologies, and 1 hour of which
895	must deal with laws and rules. The board shall by rule establish
896	criteria for the approval of continuing education courses and
897	providers, including requirements relating to the content of
898	courses and standards for approval of providers, and may by rule
899	establish criteria for accepting alternative nonclassroom
900	continuing education on an hour-for-hour basis. The board shall
901	prescribe by rule the continuing education, if any, which is
902	required during the first biennium of initial licensure. A
903	person who has been licensed for less than an entire biennium
904	must not be required to complete the full 14 hours of continuing
905	education.
906	2.  In addition, the board may approve specialized
907	continuing education courses on compliance with the wind
908	resistance provisions for one and two family dwellings contained
909	in the Florida Building Code and any alternate methodologies for
910	providing such wind resistance which have been approved for use
911	by the Florida Building Commission. Division I
912	certificateholders or registrants who demonstrate proficiency
913	upon completion of such specialized courses may certify plans
914	and specifications for one and two family dwellings to be in
915	compliance with the code or alternate methodologies, as
916	appropriate, except for dwellings located in floodways or
917	coastal hazard areas as defined in ss. 60.3D and E of the
918	National Flood Insurance Program.
919	3.  Each certificateholder or registrant shall provide to
920	the board proof of completion of the core curriculum courses, or
921	passing the equivalency test of the Building Code Training
922	Program established under s. 553.841, specific to the licensing
923	category sought, within 2 years after commencement of the
924	program or of initial certification or registration, whichever
925	is later. Classroom hours spent taking core curriculum courses
926	shall count toward the number required for renewal of
927	certificates or registration. A certificateholder or registrant
928	who passes the equivalency test in lieu of taking the core
929	curriculum courses shall receive full credit for core curriculum
930	course hours.
931	3.4.  The board shall require, by rule adopted pursuant to
932	ss. 120.536(1) and 120.54, a specified number of hours in
933	specialized or advanced module courses, approved by the Florida
934	Building Commission, on any portion of the Florida Building
935	Code, adopted pursuant to part IV of chapter 553, relating to
936	the contractor's respective discipline.
937	Section 29.  Paragraph (a) of subsection (1) and
938	subsections (4) and (5) of section 489.117, Florida Statutes,
939	are amended to read:
940	489.117  Registration; specialty contractors.--
941	(1)(a)  Any person engaged in the business of a contractor
942	as defined in s. 489.105(3)(a)-(o) must in the state shall be
943	registered in the proper classification, unless he or she is
944	certified. Any person entering the business of a contractor
945	shall be registered before prior to engaging in business as a
946	contractor in this state, unless he or she is certified. To be
947	initially registered, the applicant shall submit the required
948	fee and file evidence, in a form provided by the department, of
949	holding a current local occupational license required by any
950	municipality, county, or development district, if any, for the
951	type of work for which registration is desired and evidence of
952	successful compliance with the local examination and licensing
953	requirements, if any, in the area for which registration is
954	desired. An No examination is not shall be required for
955	registration.
956	(4)(a)  A person holding a local license whose job scope
957	does not substantially correspond to either the job scope of one
958	of the contractor categories defined in s. 489.105(3)(a)-(o), or
959	the job scope of one of the certified specialty contractor
960	categories previously established by board rule as of the
961	effective date of this provision, is shall not be required to
962	register with the board to perform contracting activities within
963	the scope of such specialty license.
964	(b)  A local jurisdiction may require an individual holding
965	a local specialty contractor license in a category which
966	pursuant to paragraph (a) does not permit registration to obtain
967	a tracking registration from the board, provided that the board
968	has established by rule that the activities which comprise the
969	job scope of the local specialty contractor license involve
970	lifesafety considerations and a significant potential danger to
971	the consumer.
972	(b)(c)  The local jurisdictions are shall be responsible
973	for providing the following information to the board within 30
974	days after licensure of, or any disciplinary action against, a
975	locally licensed contractor who is registered under this part:
976	1.  Licensure information.,
977	2.  Code violation information pursuant to s. 553.781., and
978	3.  Disciplinary information. on locally licensed
979	individuals to the board within 30 days after licensure or any
980	disciplinary action, and
981
982	The board shall maintain such licensure and disciplinary
983	information as it is provided to the board them, and shall make
984	the such information available through the automated information
985	system provided pursuant to s. 455.2286. The biennial tracking
986	registration fee shall not exceed $40.
987	(c)(d)  Neither the board nor the department assumes any
988	responsibility for providing discipline pursuant to having
989	provided the tracking registration. Providing discipline to such
990	locally licensed contractors is individuals shall be the
991	responsibility of the local jurisdiction. Failure to obtain a
992	tracking registration shall not be considered a violation of
993	this chapter; however, a local jurisdiction requiring such
994	tracking registration may levy such penalties for failure to
995	obtain the tracking registration as it chooses to provide
996	through local ordinance.
997	(d)(e)  Any person who is not required to obtain
998	registration or certification pursuant to s. 489.105(3)(d)-(o)
999	may perform specialty contracting services for the construction,
1000	remodeling, repair, or improvement of single-family residences,
1001	including a townhouse as defined in the Florida Building Code,
1002	without obtaining a local professional license if such person is
1003	under the supervision of a certified or registered general,
1004	building, or residential contractor. As used in this paragraph,
1005	supervision shall not be deemed to require the existence of a
1006	direct contract between the certified or registered general,
1007	building, or residential contractor and the person performing
1008	specialty contracting services.
1009	(5)  In order to establish uniformity among the job scopes
1010	established by local jurisdictions, the board shall, by rule,
1011	establish the job scope for any licensure category registered by
1012	the board under this part. The board shall not arbitrarily limit
1013	such scopes and shall restrict the job scopes only to the
1014	minimum extent necessary to ensure uniformity.
1015	Section 30.  Section 489.119, Florida Statutes, is amended
1016	to read:
1017	489.119  Business organizations; qualifying agents.--
1018	(1)  If an individual proposes to engage in contracting in
1019	the individual's own name, or a fictitious name where the
1020	individual is doing business as a sole proprietorship,
1021	registration or certification may be issued only to that
1022	individual.
1023	(2)  If the applicant proposes to engage in contracting as
1024	a business organization, including any partnership, corporation,
1025	business trust, or other legal entity, or in any name other than
1026	the applicant's legal name or a fictitious name where the
1027	applicant is doing business as a sole proprietorship, the
1028	applicant business organization must apply for registration or
1029	certification as the for a certificate of authority through a
1030	qualifying agent of the business organization and under the
1031	fictitious name, if any.
1032	(a)  An The application for registration or certification
1033	to qualify a business organization a certificate of authority
1034	must state the name of the partnership and of its partners; the
1035	name of the corporation and of its officers and directors and
1036	the name of each of its stockholders who is also an officer or
1037	director; the name of the business trust and its trustees; or
1038	the name of such other legal entity and its members; and must
1039	state the fictitious name, if any, under which the business
1040	organization is doing business.
1041	(b)1.  An The application for registration or certification
1042	to qualify a business organization primary qualifying agent must
1043	include an affidavit on a form provided by the board attesting
1044	that the applicant has final approval authority for all
1045	construction work performed by the business organization entity
1046	and that the applicant has final approval authority on all
1047	business matters, including contracts, specifications, checks,
1048	drafts, or payments, regardless of the form of payment, made by
1049	the business organization entity, except where a financially
1050	responsible officer is approved.
1051	2.  The application for financially responsible officer
1052	must include an affidavit on a form provided by the board
1053	attesting that the applicant's approval is required for all
1054	checks, drafts, or payments, regardless of the form of payment,
1055	made by the business organization entity and that the applicant
1056	has authority to act for the business organization in all
1057	financial matters.
1058	3.  The application for secondary qualifying agent must
1059	include an affidavit on a form provided by the board attesting
1060	that the applicant has authority to supervise all construction
1061	work performed by the business organization entity as provided
1062	in s. 489.1195(2).
1063	(c)  The board may deny an application for registration or
1064	certification to qualify a business organization if the
1065	applicant, or any person listed in paragraph (a), has been
1066	involved in past disciplinary actions or on any grounds for
1067	which an individual registration or certification may be denied.
1068	(d)(b)  The applicant must furnish evidence of statutory
1069	compliance if a fictitious name is used, the provisions of s.
1070	865.09(7) notwithstanding.
1071	(e)(c)  A joint venture, including a joint venture composed
1072	of qualified business organizations, is itself a separate and
1073	distinct organization that must be qualified and obtain a
1074	certificate of authority in accordance with board rules.
1075	(d)  A certificate of authority must be renewed every 2
1076	years. If there is a change in any information that is required
1077	to be stated on the application, the business organization
1078	shall, within 45 days after such change occurs, mail the correct
1079	information to the department.
1080	(3)(a)  A The qualifying agent must shall be certified or
1081	registered under this part in order for the business
1082	organization to operate be issued a certificate of authority in
1083	the category of contracting in the business conducted for which
1084	the qualifying agent is certified or registered. If any
1085	qualifying agent ceases to be affiliated with a such business
1086	organization, he or she shall so inform the department. In
1087	addition, if the such qualifying agent is the only certified or
1088	registered contractor affiliated with the business organization,
1089	the business organization shall notify the department of the
1090	termination of the qualifying agent and shall have 60 days from
1091	the termination of the qualifying agent's affiliation with the
1092	business organization in which to employ another qualifying
1093	agent. The business organization may not engage in contracting
1094	until a qualifying agent is employed, unless the executive
1095	director or chair of the board has granted a temporary
1096	nonrenewable certificate or registration to the financially
1097	responsible officer, the president, a partner, or, in the case
1098	of a limited partnership, the general partner, who assumes all
1099	responsibilities of a primary qualifying agent for the business
1100	organization entity. This temporary certificate or registration
1101	shall only allow the business organization entity to proceed
1102	with incomplete contracts. For the purposes of this paragraph,
1103	an incomplete contract is one which has been awarded to, or
1104	entered into by, the business organization prior to the
1105	cessation of affiliation of the qualifying agent with the
1106	business organization or one on which the business organization
1107	was the low bidder and the contract is subsequently awarded,
1108	regardless of whether any actual work has commenced under the
1109	contract prior to the qualifying agent ceasing to be affiliated
1110	with the business organization.
1111	(b)  The qualifying agent shall inform the department in
1112	writing when he or she proposes to engage in contracting in his
1113	or her own name or in affiliation with another business
1114	organization, and he or she or such new business organization
1115	shall supply the same information to the department as required
1116	of applicants under this part.
1117	(c)  Upon a favorable determination by the board, after
1118	investigation of the financial responsibility, credit, and
1119	business reputation of the qualifying agent and the new business
1120	organization, the department shall issue, without an
1121	examination, a new certificate of authority in the business
1122	organization's name.
1123	(4)  Disciplinary action against a business organization
1124	holding a certificate of authority shall be administered in the
1125	same manner and on the same grounds as disciplinary action
1126	against a contractor. The board may deny the certification of
1127	any person cited in subsection (2) if the person has been
1128	involved in past disciplinary actions or on any grounds for
1129	which individual certification can be denied.
1130	(4)(5)  When a certified qualifying agent, on behalf of a
1131	business organization, makes application for a business tax
1132	receipt an occupational license in any municipality or county of
1133	this state, the application shall be made with the tax collector
1134	in the name of the business organization and the qualifying
1135	agent; and the license, when issued, shall be issued to the
1136	business organization, upon payment of the appropriate licensing
1137	fee and exhibition to the tax collector of a valid certificate
1138	for the qualifying agent and a valid certificate of authority
1139	for the business organization issued by the department, and the
1140	state license numbers shall be noted thereon.
1141	(5)(6)(a)  Each registered or certified contractor shall
1142	affix the number of his or her registration or certification to
1143	each application for a building permit and on each building
1144	permit issued and recorded. Each city or county building
1145	department shall require, as a precondition for the issuance of
1146	the building permit, that the contractor taking out the permit
1147	must provide verification giving his or her Construction
1148	Industry Licensing Board registration or certification number.
1149	(b)  The registration or certification number of each
1150	contractor or certificate of authority number for each business
1151	organization shall appear in each offer of services, business
1152	proposal, bid, contract, or advertisement, regardless of medium,
1153	as defined by board rule, used by that contractor or business
1154	organization in the practice of contracting.
1155	(c)  If a vehicle bears the name of a contractor or
1156	business organization, or any text or artwork which would lead a
1157	reasonable person to believe that the vehicle is used for
1158	contracting, the registration or certification number of the
1159	contractor or certificate of authority number of the business
1160	organization must be conspicuously and legibly displayed with
1161	the name, text, or artwork. Local governments may also require
1162	that locally licensed contractors must also display their
1163	certificate of competency or license numbers. Nothing in this
1164	paragraph shall be construed to create a mandatory vehicle
1165	signage requirement.
1166	(d)  For the purposes of this part, the term
1167	"advertisement" does not include business stationery or any
1168	promotional novelties such as balloons, pencils, trinkets, or
1169	articles of clothing.
1170	(e)  The board shall issue a notice of noncompliance for
1171	the first offense, and may assess a fine or issue a citation for
1172	failure to correct the offense within 30 days or for any
1173	subsequent offense, to any contractor or business organization
1174	that fails to include the certification or, registration, or
1175	certificate of authority number as required by this part when
1176	submitting an advertisement for publication, broadcast, or
1177	printing or fails to display the certification or, registration,
1178	or certificate of authority number as required by this part.
1179	(f)  In addition to any other penalty prescribed by law, a
1180	local government may impose a civil fine pursuant to s.
1181	489.127(5) against a person who is not certified or registered
1182	under this part if the person:
1183	1.  Claims to be licensed in any offer of services,
1184	business proposal, bid, contract, or advertisement, but who does
1185	not possess a valid competency-based license issued by a local
1186	government in this state to perform the specified construction
1187	services; or
1188	2.  Claims to be insured in any offer of services, business
1189	proposal, bid, contract, or advertisement, but whose performance
1190	of the subject work is not covered by a general liability or
1191	workers' compensation insurance policy.
1192	(6)(7)  Each qualifying agent shall pay the department an
1193	amount equal to the original fee for registration or
1194	certification to qualify a certificate of authority of a new
1195	business organization. If the qualifying agent for a business
1196	organization desires to qualify additional business
1197	organizations, the board shall require the qualifying agent him
1198	or her to present evidence of his or her ability to supervise
1199	the construction activities and financial responsibility of each
1200	such organization. Approval of each business organization The
1201	issuance of such certificate of authority is discretionary with
1202	the board.
1203	(7)(8)(a)  A business organization proposing to engage in
1204	contracting is not required to apply for or obtain authorization
1205	under this part to engage in contracting if:
1206	1.  The business organization employs one or more
1207	registered or certified contractors licensed in accordance with
1208	this part who are responsible for obtaining permits and
1209	supervising all of the business organization's contracting
1210	activities;
1211	2.  The business organization engages only in contracting
1212	on property owned by the business organization or by its parent,
1213	subsidiary, or affiliated entities; and
1214	3.  The business organization, or its parent entity if the
1215	business organization is a wholly owned subsidiary, maintains a
1216	minimum net worth of $20 million.
1217	(b)  Any business organization engaging in contracting
1218	under this subsection shall provide the board with the name and
1219	license number of each registered or certified contractor
1220	employed by the business organization to supervise its
1221	contracting activities. The business organization is not
1222	required to post a bond or otherwise evidence any financial or
1223	credit information except as necessary to demonstrate compliance
1224	with paragraph (a).
1225	(c)  A registered or certified contractor employed by a
1226	business organization to supervise its contracting activities
1227	under this subsection shall not be required to post a bond or
1228	otherwise evidence any personal financial or credit information
1229	so long as the individual performs contracting activities
1230	exclusively on behalf of a business organization meeting all of
1231	the requirements of paragraph (a).
1232	Section 31.  Subsection (1) of section 489.127, Florida
1233	Statutes, is amended to read:
1234	489.127  Prohibitions; penalties.--
1235	(1)  No person shall:
1236	(a)  Falsely hold himself or herself or a business
1237	organization out as a licensee, certificateholder, or
1238	registrant;
1239	(b)  Falsely impersonate a certificateholder or registrant;
1240	(c)  Present as his or her own the certificate or,
1241	registration, or certificate of authority of another;
1242	(d)  Knowingly give false or forged evidence to the board
1243	or a member thereof;
1244	(e)  Use or attempt to use a certificate or, registration
1245	that, or certificate of authority which has been suspended or
1246	revoked;
1247	(f)  Engage in the business or act in the capacity of a
1248	contractor or advertise himself or herself or a business
1249	organization as available to engage in the business or act in
1250	the capacity of a contractor without being duly registered or
1251	certified or having a certificate of authority;
1252	(g)  Operate a business organization engaged in contracting
1253	after 60 days following the termination of its only qualifying
1254	agent without designating another primary qualifying agent,
1255	except as provided in ss. 489.119 and 489.1195;
1256	(h)  Commence or perform work for which a building permit
1257	is required pursuant to part IV of chapter 553 without such
1258	building permit being in effect; or
1259	(i)  Willfully or deliberately disregard or violate any
1260	municipal or county ordinance relating to uncertified or
1261	unregistered contractors.
1262
1263	For purposes of this subsection, a person or business
1264	organization operating on an inactive or suspended certificate
1265	or, registration, or certificate of authority is not duly
1266	certified or registered and is considered unlicensed. A business
1267	tax receipt issued under the authority of chapter 205 is not a
1268	license for purposes of this part.
1269	Section 32.  Effective upon this act becoming a law,
1270	paragraph (a) of subsection (1) of section 489.128, Florida
1271	Statutes, is amended to read:
1272	489.128  Contracts entered into by unlicensed contractors
1273	unenforceable.--
1274	(1)  As a matter of public policy, contracts entered into
1275	on or after October 1, 1990, by an unlicensed contractor shall
1276	be unenforceable in law or in equity by the unlicensed
1277	contractor.
1278	(a)  For purposes of this section, an individual is
1279	unlicensed if the individual does not have a license required by
1280	this part concerning the scope of the work to be performed under
1281	the contract. A business organization is unlicensed if the
1282	business organization does not have a primary or secondary
1283	qualifying agent in accordance with this part concerning the
1284	scope of the work to be performed under the contract. For
1285	purposes of this section, if a no state or local license is not
1286	required for the scope of work to be performed under the
1287	contract, the individual performing that work is shall not be
1288	considered unlicensed.
1289	Section 33.  Paragraph (b) of subsection (1) of section
1290	489.128, Florida Statutes, is amended to read:
1291	489.128  Contracts entered into by unlicensed contractors
1292	unenforceable.--
1293	(1)  As a matter of public policy, contracts entered into
1294	on or after October 1, 1990, by an unlicensed contractor shall
1295	be unenforceable in law or in equity by the unlicensed
1296	contractor.
1297	(b)  For purposes of this section, an individual or
1298	business organization may not be considered unlicensed for
1299	failing to have a business tax receipt issued under the
1300	authority of chapter 205. A business organization may not be
1301	considered unlicensed for failing to have a certificate of
1302	authority as required by ss. 489.119 and 489.127. For purposes
1303	of this section, a business organization entering into the
1304	contract may not be considered unlicensed if, before the date
1305	established by paragraph (c), an individual possessing a license
1306	required by this part concerning the scope of the work to be
1307	performed under the contract has submitted an application for a
1308	certificate of authority designating that individual as a
1309	qualifying agent for the business organization entering into the
1310	contract, and the application was not acted upon by the
1311	department or applicable board within the time limitations
1312	imposed by s. 120.60.
1313	Section 34.  Subsections (1), (5), and (7) of section
1314	489.129, Florida Statutes, are amended to read:
1315	489.129  Disciplinary proceedings.--
1316	(1)  The board may take any of the following actions
1317	against any certificateholder or registrant: place on probation
1318	or reprimand the licensee, revoke, suspend, or deny the issuance
1319	or renewal of the certificate or, registration, or certificate
1320	of authority, require financial restitution to a consumer for
1321	financial harm directly related to a violation of a provision of
1322	this part, impose an administrative fine not to exceed $10,000
1323	per violation, require continuing education, or assess costs
1324	associated with investigation and prosecution, if the
1325	contractor, financially responsible officer, or business
1326	organization for which the contractor is a primary qualifying
1327	agent, a financially responsible officer, or a secondary
1328	qualifying agent responsible under s. 489.1195 is found guilty
1329	of any of the following acts:
1330	(a)  Obtaining a certificate or, registration, or
1331	certificate of authority by fraud or misrepresentation.
1332	(b)  Being convicted or found guilty of, or entering a plea
1333	of nolo contendere to, regardless of adjudication, a crime in
1334	any jurisdiction which directly relates to the practice of
1335	contracting or the ability to practice contracting.
1336	(c)  Violating any provision of chapter 455.
1337	(d)  Performing any act which assists a person or entity in
1338	engaging in the prohibited uncertified and unregistered practice
1339	of contracting, if the certificateholder or registrant knows or
1340	has reasonable grounds to know that the person or entity was
1341	uncertified and unregistered.
1342	(e)  Knowingly combining or conspiring with an uncertified
1343	or unregistered person by allowing his or her certificate or,
1344	registration, or certificate of authority to be used by the
1345	uncertified or unregistered person with intent to evade the
1346	provisions of this part. When a certificateholder or registrant
1347	allows his or her certificate or registration to be used by one
1348	or more business organizations without having any active
1349	participation in the operations, management, or control of such
1350	business organizations, such act constitutes prima facie
1351	evidence of an intent to evade the provisions of this part.
1352	(f)  Acting in the capacity of a contractor under any
1353	certificate or registration issued hereunder except in the name
1354	of the certificateholder or registrant as set forth on the
1355	issued certificate or registration, or in accordance with the
1356	personnel of the certificateholder or registrant as set forth in
1357	the application for the certificate or registration, or as later
1358	changed as provided in this part.
1359	(g)  Committing mismanagement or misconduct in the practice
1360	of contracting that causes financial harm to a customer.
1361	Financial mismanagement or misconduct occurs when:
1362	1.  Valid liens have been recorded against the property of
1363	a contractor's customer for supplies or services ordered by the
1364	contractor for the customer's job; the contractor has received
1365	funds from the customer to pay for the supplies or services; and
1366	the contractor has not had the liens removed from the property,
1367	by payment or by bond, within 75 days after the date of such
1368	liens;
1369	2.  The contractor has abandoned a customer's job and the
1370	percentage of completion is less than the percentage of the
1371	total contract price paid to the contractor as of the time of
1372	abandonment, unless the contractor is entitled to retain such
1373	funds under the terms of the contract or refunds the excess
1374	funds within 30 days after the date the job is abandoned; or
1375	3.  The contractor's job has been completed, and it is
1376	shown that the customer has had to pay more for the contracted
1377	job than the original contract price, as adjusted for subsequent
1378	change orders, unless such increase in cost was the result of
1379	circumstances beyond the control of the contractor, was the
1380	result of circumstances caused by the customer, or was otherwise
1381	permitted by the terms of the contract between the contractor
1382	and the customer.
1383	(h)  Being disciplined by any municipality or county for an
1384	act or violation of this part.
1385	(i)  Failing in any material respect to comply with the
1386	provisions of this part or violating a rule or lawful order of
1387	the board.
1388	(j)  Abandoning a construction project in which the
1389	contractor is engaged or under contract as a contractor. A
1390	project may be presumed abandoned after 90 days if the
1391	contractor terminates the project without just cause or without
1392	proper notification to the owner, including the reason for
1393	termination, or fails to perform work without just cause for 90
1394	consecutive days.
1395	(k)  Signing a statement with respect to a project or
1396	contract falsely indicating that the work is bonded; falsely
1397	indicating that payment has been made for all subcontracted
1398	work, labor, and materials which results in a financial loss to
1399	the owner, purchaser, or contractor; or falsely indicating that
1400	workers' compensation and public liability insurance are
1401	provided.
1402	(l)  Committing fraud or deceit in the practice of
1403	contracting.
1404	(m)  Committing incompetency or misconduct in the practice
1405	of contracting.
1406	(n)  Committing gross negligence, repeated negligence, or
1407	negligence resulting in a significant danger to life or
1408	property.
1409	(o)  Proceeding on any job without obtaining applicable
1410	local building department permits and inspections.
1411	(p)  Intimidating, threatening, coercing, or otherwise
1412	discouraging the service of a notice to owner under part I of
1413	chapter 713 or a notice to contractor under chapter 255 or part
1414	I of chapter 713.
1415	(q)  Failing to satisfy within a reasonable time, the terms
1416	of a civil judgment obtained against the licensee, or the
1417	business organization qualified by the licensee, relating to the
1418	practice of the licensee's profession.
1419
1420	For the purposes of this subsection, construction is considered
1421	to be commenced when the contract is executed and the contractor
1422	has accepted funds from the customer or lender. A contractor
1423	does not commit a violation of this subsection when the
1424	contractor relies on a building code interpretation rendered by
1425	a building official or person authorized by s. 553.80 to enforce
1426	the building code, absent a finding of fraud or deceit in the
1427	practice of contracting, or gross negligence, repeated
1428	negligence, or negligence resulting in a significant danger to
1429	life or property on the part of the building official, in a
1430	proceeding under chapter 120.
1431	(5)  The board may not reinstate the certification or,
1432	registration, or certificate of authority of, or cause a
1433	certificate or, registration, or certificate of authority to be
1434	issued to, a person who or business organization which the board
1435	has determined is unqualified or whose certificate or,
1436	registration, or certificate of authority the board has
1437	suspended until it is satisfied that such person or business
1438	organization has complied with all the terms and conditions set
1439	forth in the final order and is capable of competently engaging
1440	in the business of contracting.
1441	(7)  The board shall not issue or renew a certificate or,
1442	registration, or certificate of authority to any person or
1443	business organization that has been assessed a fine, interest,
1444	or costs associated with investigation and prosecution, or has
1445	been ordered to pay restitution, until such fine, interest, or
1446	costs associated with investigation and prosecution or
1447	restitution are paid in full or until all terms and conditions
1448	of the final order have been satisfied.
1449	Section 35.  Subsection (5) of section 489.132, Florida
1450	Statutes, is amended to read:
1451	489.132  Prohibited acts by unlicensed principals;
1452	investigation; hearing; penalties.--
1453	(5)  The department may suspend, revoke, or deny issuance
1454	or renewal of a certificate or, registration, or certificate of
1455	authority for any individual or business organization that
1456	associates a person as an officer, director, or partner, or in a
1457	managerial or supervisory capacity, after such person has been
1458	found under a final order to have violated this section or was
1459	an officer, director, partner, trustee, or manager of a business
1460	organization disciplined by the board by revocation, suspension,
1461	or fine in excess of $2,500, upon finding reasonable cause that
1462	such person knew or reasonably should have known of the conduct
1463	leading to the discipline.
1464	Section 36.  Subsection (1) of section 489.1455, Florida
1465	Statutes, is amended to read:
1466	489.1455  Journeyman; reciprocity; standards.--
1467	(1)  An individual who holds a valid, active journeyman
1468	license in the plumbing/pipe fitting, mechanical, or HVAC trades
1469	issued by any county or municipality in this state may work as a
1470	journeyman in the trade in which he or she is licensed in any
1471	county or municipality of this state without taking an
1472	additional examination or paying an additional license fee, if
1473	he or she:
1474	(a)  Has scored at least 70 percent, or after October 1,
1475	1997, at least 75 percent, on a proctored journeyman Block and
1476	Associates examination or other proctored examination approved
1477	by the board for the trade in which he or she is licensed;
1478	(b)  Has completed an apprenticeship program registered
1479	with the Department of Labor and Employment Security and
1480	demonstrates 4 years' verifiable practical experience in the
1481	trade for which he or she is licensed, or demonstrates 6 years'
1482	verifiable practical experience in the trade for which he or she
1483	is licensed;
1484	(c)  Has satisfactorily completed specialized and advanced
1485	module coursework approved by the Florida Building Commission,
1486	as part of the Building Code Training Program established in s.
1487	553.841, specific to the discipline, and successfully completed
1488	the program's core curriculum courses or passed an equivalency
1489	test in lieu of taking the core curriculum courses and provided
1490	proof of completion of such curriculum courses or examination
1491	and obtained a certificate from the board pursuant to this part
1492	or, pursuant to authorization by the certifying authority,
1493	provides proof of completion of such curriculum or coursework
1494	within 6 months after such certification; and
1495	(d)  Has not had a license suspended or revoked within the
1496	last 5 years.
1497	Section 37.  Subsection (19) of section 489.505, Florida
1498	Statutes, is amended to read:
1499	489.505  Definitions.--As used in this part:
1500	(19)  "Specialty contractor" means a contractor whose scope
1501	of practice is limited to a specific segment of electrical or
1502	alarm system contracting established in a category adopted by
1503	board rule, including, but not limited to, residential
1504	electrical contracting, maintenance of electrical fixtures, and
1505	fabrication, erection, installation, and maintenance of
1506	electrical advertising signs together with the interrelated
1507	parts and supports thereof. Categories of specialty contractor
1508	shall be established by board rule.
1509	Section 38.  Subsections (5), (6), and (7) of section
1510	489.513, Florida Statutes, are amended to read:
1511	489.513  Registration; application; requirements.--
1512	(5)  Registration permits the registrant to engage in
1513	contracting only in the area and for the type of work covered by
1514	the registration, unless local licenses are issued for other
1515	areas and types of work or unless certification is obtained.
1516	When a registrant desires to register in an additional area of
1517	the state, he or she shall first comply with any local
1518	requirements of that area and then file a request with the
1519	department, together with evidence of holding a current
1520	occupational license or license issued by the county or
1521	municipality for the area or areas in which he or she desires to
1522	be registered, whereupon his or her evidence of registration
1523	shall be endorsed by the department to reflect valid
1524	registration for the new area or areas.
1525	(6)  The local jurisdictions are shall be responsible for
1526	providing the following information to the board within 30 days
1527	after licensure of, or any disciplinary action against, a
1528	locally licensed contractor who is registered under this part:
1529	(a)  Licensure information.,
1530	(b)  Code violation information pursuant to s. 553.781.,
1531	and
1532	(c)  Disciplinary information. on locally licensed
1533	individuals to the board within 30 days after licensure or any
1534	disciplinary action, and
1535
1536	The board shall maintain such licensure and disciplinary
1537	information as it is provided to the board them, and shall make
1538	the such information available through the automated information
1539	system provided pursuant to s. 455.2286.
1540	(7)  In order to establish uniformity among the job scopes
1541	established by local jurisdictions, the board shall, by rule,
1542	establish the job scope for any licensure category registered by
1543	the board under this part. The board shall not arbitrarily limit
1544	such scopes and shall restrict the job scopes only to the
1545	minimum extent necessary to ensure uniformity.
1546	Section 39.  Subsection (3) of section 489.516, Florida
1547	Statutes, is amended to read:
1548	489.516  Qualifications to practice; restrictions;
1549	prerequisites.--
1550	(3)  When a certificateholder desires to engage in
1551	contracting in any area of the state, as a prerequisite
1552	therefor, he or she shall only be required to exhibit to the
1553	local building official, tax collector, or other authorized
1554	person in charge of the issuance of licenses and building or
1555	electrical permits in the area evidence of holding a current
1556	certificate and a current business tax receipt issued by the
1557	jurisdiction in which the certificateholder's principal place of
1558	business is located, and having paid to pay the fee for the
1559	occupational license and permit required of other persons.
1560	However, a local construction regulation board may deny the
1561	issuance of an electrical permit to a certified contractor, or
1562	issue a permit with specific conditions, if the local
1563	construction regulation board has found such contractor, through
1564	the public hearing process, to be guilty of fraud or a willful
1565	building code violation within the county or municipality that
1566	the local construction regulation board represents, or if the
1567	local construction regulation board has proof that such
1568	contractor, through the public hearing process, has been found
1569	guilty, in another county or municipality within the past 12
1570	months, of fraud or a willful building code violation and finds,
1571	after providing notice to the contractor, that such fraud or
1572	violation would have been fraud or a violation if committed in
1573	the county or municipality that the local construction board
1574	represents. Notification of and information concerning such
1575	permit denial shall be submitted to the Department of Business
1576	and Professional Regulation within 15 days after the local
1577	construction regulation board decides to deny the permit.
1578	Section 40.  Subsection (3) of section 489.517, Florida
1579	Statutes, is amended to read:
1580	489.517  Renewal of certificate or registration; continuing
1581	education.--
1582	(3)(a)  Each certificateholder or registrant shall provide
1583	proof, in a form established by rule of the board, that the
1584	certificateholder or registrant has completed at least 14
1585	classroom hours of at least 50 minutes each of continuing
1586	education courses during each biennium since the issuance or
1587	renewal of the certificate or registration. The board shall by
1588	rule establish criteria for the approval of continuing education
1589	courses and providers and may by rule establish criteria for
1590	accepting alternative nonclassroom continuing education on an
1591	hour-for-hour basis.
1592	(b)  Each certificateholder or registrant shall provide to
1593	the board proof of completion of the core curriculum courses or
1594	passing the equivalency test of the Building Code Training
1595	Program established under s. 553.841, specific to the licensing
1596	category sought, within 2 years after commencement of the
1597	program or of initial certification or registration, whichever
1598	is later. Classroom hours spent taking core curriculum courses
1599	shall count toward the number required for renewal of
1600	certificate or registration. A certificateholder or registrant
1601	who passes the equivalency test in lieu of taking the core
1602	curriculum courses shall receive full credit for core curriculum
1603	course hours.
1604	Section 41.  Subsection (6) of section 489.521, Florida
1605	Statutes, is amended to read:
1606	489.521  Business organizations; qualifying agents.--
1607	(6)  When a business organization qualified to engage in
1608	contracting makes application for a business tax receipt an
1609	occupational license in any municipality or county of this
1610	state, the application shall be made with the tax collector in
1611	the name of the business organization, and the business tax
1612	receipt license, when issued, shall be issued to the business
1613	organization upon payment of the appropriate licensing fee and
1614	exhibition to the tax collector of a valid certificate issued by
1615	the department.
1616	Section 42.  Section 489.5315, Florida Statutes, is amended
1617	to read:
1618	489.5315  Proprietary electrical or alarm
1619	contractors.--Businesses that obtain an electrical or burglar
1620	alarm system license to work only on their own equipment, and
1621	that do not offer electrical or alarm contracting services to
1622	the public, are not electrical or burglar alarm system
1623	contracting businesses and do not have to obtain a business tax
1624	receipt an occupational license in addition to any they are
1625	otherwise required to have.
1626	Section 43.  Effective upon this act becoming a law,
1627	paragraph (a) of subsection (1) of section 489.532, Florida
1628	Statutes, is amended to read:
1629	489.532  Contracts entered into by unlicensed contractors
1630	unenforceable.--
1631	(1)  As a matter of public policy, contracts entered into
1632	on or after October 1, 1990, by an unlicensed contractor shall
1633	be unenforceable in law or in equity by the unlicensed
1634	contractor.
1635	(a)  For purposes of this section, an individual is
1636	unlicensed if the individual does not have a license required by
1637	this part concerning the scope of the work to be performed under
1638	the contract. A business organization is unlicensed if the
1639	business organization does not have a primary or secondary
1640	qualifying agent in accordance with this part concerning the
1641	scope of the work to be performed under the contract. For
1642	purposes of this section, if a no state or local license is not
1643	required for the scope of work to be performed under the
1644	contract, the individual performing that work is shall not be
1645	considered unlicensed.
1646	Section 44.  Paragraph (b) of subsection (3) of section
1647	489.537, Florida Statutes, is amended to read:
1648	489.537  Application of this part.--
1649	(3)  Nothing in this act limits the power of a municipality
1650	or county:
1651	(b)  To collect fees for business tax receipts occupational
1652	licenses and inspections for engaging in contracting or
1653	examination fees from persons who are registered with the local
1654	boards pursuant to local examination requirements.
1655	Section 45.  Section 509.233, Florida Statutes, is amended
1656	to read:
1657	509.233  Public food service establishment requirements;
1658	local exemption for dogs in designated outdoor portions; pilot
1659	program.--
1660	(1)  INTENT.--It is the intent of the Legislature by this
1661	section to establish a 3-year pilot program for local
1662	governments to allow patrons' dogs within certain designated
1663	outdoor portions of public food service establishments.
1664	(1)(2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
1665	509.032(7), the governing body of a local government may
1666	participating in the pilot program is authorized to establish,
1667	by ordinance, a local exemption procedure to certain provisions
1668	of the Food and Drug Administration Food Code, as currently
1669	adopted by the division, in order to allow patrons' dogs within
1670	certain designated outdoor portions of public food service
1671	establishments.
1672	(2)(3)  LOCAL DISCRETION; CODIFICATION.--
1673	(a)  The adoption of the local exemption procedure shall be
1674	at the sole discretion of the governing body of a participating
1675	local government. Nothing in this section shall be construed to
1676	require or compel a local governing body to adopt an ordinance
1677	pursuant to this section.
1678	(b)  Any ordinance adopted pursuant to this section shall
1679	provide for codification within the land development code of a
1680	participating local government.
1681	(3)(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
1682	(a)  Any local exemption procedure adopted pursuant to this
1683	section shall only provide a variance to those portions of the
1684	currently adopted Food and Drug Administration Food Code in
1685	order to allow patrons' dogs within certain designated outdoor
1686	portions of public food service establishments.
1687	(b)  In order to protect the health, safety, and general
1688	welfare of the public, the local exemption procedure shall
1689	require participating public food service establishments to
1690	apply for and receive a permit from the governing body of the
1691	local government before allowing patrons' dogs on their
1692	premises. The local government shall require from the applicant
1693	such information as the local government deems reasonably
1694	necessary to enforce the provisions of this section, but shall
1695	require, at a minimum, the following information:
1696	1.  The name, location, and mailing address of the public
1697	food service establishment.
1698	2.  The name, mailing address, and telephone contact
1699	information of the permit applicant.
1700	3.  A diagram and description of the outdoor area to be
1701	designated as available to patrons' dogs, including dimensions
1702	of the designated area; a depiction of the number and placement
1703	of tables, chairs, and restaurant equipment, if any; the
1704	entryways and exits to the designated outdoor area; the
1705	boundaries of the designated area and of other areas of outdoor
1706	dining not available for patrons' dogs; any fences or other
1707	barriers; surrounding property lines and public rights-of-way,
1708	including sidewalks and common pathways; and such other
1709	information reasonably required by the permitting authority. The
1710	diagram or plan shall be accurate and to scale but need not be
1711	prepared by a licensed design professional.
1712	4.  A description of the days of the week and hours of
1713	operation that patrons' dogs will be permitted in the designated
1714	outdoor area.
1715	(c)  In order to protect the health, safety, and general
1716	welfare of the public, the local exemption ordinance shall
1717	include such regulations and limitations as deemed necessary by
1718	the participating local government and shall include, but not be
1719	limited to, the following requirements:
1720	1.  All public food service establishment employees shall
1721	wash their hands promptly after touching, petting, or otherwise
1722	handling dogs. Employees shall be prohibited from touching,
1723	petting, or otherwise handling dogs while serving food or
1724	beverages or handling tableware or before entering other parts
1725	of the public food service establishment.
1726	2.  Patrons in a designated outdoor area shall be advised
1727	that they should wash their hands before eating. Waterless hand
1728	sanitizer shall be provided at all tables in the designated
1729	outdoor area.
1730	3.  Employees and patrons shall be instructed that they
1731	shall not allow dogs to come into contact with serving dishes,
1732	utensils, tableware, linens, paper products, or any other items
1733	involved in food service operations.
1734	4.  Patrons shall keep their dogs on a leash at all times
1735	and shall keep their dogs under reasonable control.
1736	5.  Dogs shall not be allowed on chairs, tables, or other
1737	furnishings.
1738	6.  All table and chair surfaces shall be cleaned and
1739	sanitized with an approved product between seating of patrons.
1740	Spilled food and drink shall be removed from the floor or ground
1741	between seating of patrons.
1742	7.  Accidents involving dog waste shall be cleaned
1743	immediately and the area sanitized with an approved product. A
1744	kit with the appropriate materials for this purpose shall be
1745	kept near the designated outdoor area.
1746	8.  A sign or signs reminding employees of the applicable
1747	rules shall be posted on premises in a manner and place as
1748	determined by the local permitting authority.
1749	9.  A sign or signs reminding patrons of the applicable
1750	rules shall be posted on premises in a manner and place as
1751	determined by the local permitting authority.
1752	10.  A sign or signs shall be posted in a manner and place
1753	as determined by the local permitting authority that places the
1754	public on notice that the designated outdoor area is available
1755	for the use of patrons and patrons' dogs.
1756	11.  Dogs shall not be permitted to travel through indoor
1757	or nondesignated outdoor portions of the public food service
1758	establishment, and ingress and egress to the designated outdoor
1759	portions of the public food service establishment must not
1760	require entrance into or passage through any indoor area of the
1761	food establishment.
1762	(d)  A permit issued pursuant to this section shall not be
1763	transferred to a subsequent owner upon the sale of a public food
1764	service establishment but shall expire automatically upon the
1765	sale of the establishment. The subsequent owner shall be
1766	required to reapply for a permit pursuant to this section if the
1767	subsequent owner wishes to continue to accommodate patrons'
1768	dogs.
1769	(4)(5)  POWERS; ENFORCEMENT.--Participating local
1770	governments shall have such powers as are reasonably necessary
1771	to regulate and enforce the provisions of this section.
1772	(5)(6)  STATE AND LOCAL COOPERATION.--The division shall
1773	provide reasonable assistance to participating local governments
1774	in the development of enforcement procedures and regulations,
1775	and participating local governments shall monitor permitholders
1776	for compliance in cooperation with the division. At a minimum,
1777	participating local governments shall establish a procedure to
1778	accept, document, and respond to complaints and to timely report
1779	to the division all such complaints and the participating local
1780	governments' enforcement responses to such complaints. A
1781	participating local government shall provide the division with a
1782	copy of all approved applications and permits issued, and the
1783	participating local government shall require that all
1784	applications, permits, and other related materials contain the
1785	appropriate division-issued license number for each public food
1786	service establishment.
1787	(7)  FUTURE REVIEW AND REPEAL.--This section shall expire
1788	July 1, 2009, unless reviewed and saved from repeal through
1789	reenactment by the Legislature.
1790	Section 46.  Subsections (8) through (22) of section
1791	548.002, Florida Statutes, are renumbered as subsections (9)
1792	through (23), respectively, and a new subsection (8) is added to
1793	that section, to read:
1794	548.002  Definitions.--As used in this chapter, the term:
1795	(8)  "Event" means one or more matches comprising a show.
1796	Section 47.  Paragraph (k) of subsection (2) of section
1797	548.003, Florida Statutes, is amended to read:
1798	548.003  Florida State Boxing Commission.--
1799	(2)  The Florida State Boxing Commission, as created by
1800	subsection (1), shall administer the provisions of this chapter.
1801	The commission has authority to adopt rules pursuant to ss.
1802	120.536(1) and 120.54 to implement the provisions of this
1803	chapter and to implement each of the duties and responsibilities
1804	conferred upon the commission, including, but not limited to:
1805	(k)  Establishment of criteria for approval, disapproval,
1806	suspension of approval, and revocation of approval of amateur
1807	sanctioning organizations for amateur boxing, and kickboxing,
1808	and mixed martial arts matches held in this state, including,
1809	but not limited to, the health and safety standards the
1810	organizations use before, during, and after the matches to
1811	ensure the health, safety, and well-being of the amateurs
1812	participating in the matches, including the qualifications and
1813	numbers of health care personnel required to be present, the
1814	qualifications required for referees, and other requirements
1815	relating to the health, safety, and well-being of the amateurs
1816	participating in the matches. The commission may adopt by rule,
1817	or incorporate by reference into rule, the health and safety
1818	standards of USA Boxing as the minimum health and safety
1819	standards for an amateur boxing sanctioning organization, and
1820	the health and safety standards of the International Sport
1821	Kickboxing Association as the minimum health and safety
1822	standards for an amateur kickboxing sanctioning organization,
1823	and the minimum health and safety standards for an amateur mixed
1824	martial arts sanctioning organization. The commission shall
1825	review its rules for necessary revision at least every 2 years
1826	and may adopt by rule, or incorporate by reference into rule,
1827	the then-existing current health and safety standards of USA
1828	Boxing and the International Sport Kickboxing Association. The
1829	commission may adopt emergency rules to administer this
1830	paragraph.
1831	Section 48.  For the purpose of incorporating the amendment
1832	made by this act to subsection (1) of section 455.227, Florida
1833	Statutes, in a reference thereto, paragraph (a) of subsection
1834	(2) of section 468.436, Florida Statutes, is reenacted to read:
1835	468.436  Disciplinary proceedings.--
1836	(2)  The following acts constitute grounds for which the
1837	disciplinary actions in subsection (4) may be taken:
1838	(a)  Violation of any provision of s. 455.227(1).
1839	Section 49.  For the purpose of incorporating the amendment
1840	made by this act to subsection (1) of section 455.227, Florida
1841	Statutes, in a reference thereto, paragraph (a) of subsection
1842	(1) of section 468.832, Florida Statutes, is reenacted to read:
1843	468.832  Disciplinary proceedings.--
1844	(1)  The following acts constitute grounds for which the
1845	disciplinary actions in subsection (2) may be taken:
1846	(a)  Violation of any provision of this part or s.
1847	455.227(1);
1848	Section 50.  For the purpose of incorporating the amendment
1849	made by this act to subsection (1) of section 455.227, Florida
1850	Statutes, in a reference thereto, paragraph (a) of subsection
1851	(1) of section 468.842, Florida Statutes, is reenacted to read:
1852	468.842  Disciplinary proceedings.--
1853	(1)  The following acts constitute grounds for which the
1854	disciplinary actions in subsection (2) may be taken:
1855	(a)  Violation of any provision of this part or s.
1856	455.227(1);
1857	Section 51.  For the purpose of incorporating the amendment
1858	made by this act to subsection (1) of section 455.227, Florida
1859	Statutes, in a reference thereto, paragraph (a) of subsection
1860	(1) of section 471.033, Florida Statutes, is reenacted to read:
1861	471.033  Disciplinary proceedings.--
1862	(1)  The following acts constitute grounds for which the
1863	disciplinary actions in subsection (3) may be taken:
1864	(a)  Violating any provision of s. 455.227(1), s. 471.025,
1865	or s. 471.031, or any other provision of this chapter or rule of
1866	the board or department.
1867	Section 52.  For the purpose of incorporating the amendment
1868	made by this act to section (1) of section 455.227, Florida
1869	Statutes, in a reference thereto, paragraph (a) of subsection
1870	(1) of section 472.033, Florida Statutes, is reenacted to read:
1871	472.033  Disciplinary proceedings.--
1872	(1)  The following acts constitute grounds for which the
1873	disciplinary actions in subsection (2) may be taken:
1874	(a)  Violation of any provision of s. 472.031 or s.
1875	455.227(1);
1876	Section 53.  For the purpose of incorporating the amendment
1877	made by this act to subsection (1) of section 455.227, Florida
1878	Statutes, in a reference thereto, paragraph (a) of subsection
1879	(1) of section 473.323, Florida Statutes, is reenacted to read:
1880	473.323  Disciplinary proceedings.--
1881	(1)  The following acts constitute grounds for which the
1882	disciplinary actions in subsection (3) may be taken:
1883	(a)  Violation of any provision of s. 455.227(1) or any
1884	other provision of this chapter.
1885	Section 54.  For the purpose of incorporating the amendment
1886	made by this act to subsection (1) of section 455.227, Florida
1887	Statutes, in a reference thereto, paragraph (a) of subsection
1888	(1) of section 475.25, Florida Statutes, is reenacted to read:
1889	475.25  Discipline.--
1890	(1)  The commission may deny an application for licensure,
1891	registration, or permit, or renewal thereof; may place a
1892	licensee, registrant, or permittee on probation; may suspend a
1893	license, registration, or permit for a period not exceeding 10
1894	years; may revoke a license, registration, or permit; may impose
1895	an administrative fine not to exceed $5,000 for each count or
1896	separate offense; and may issue a reprimand, and any or all of
1897	the foregoing, if it finds that the licensee, registrant,
1898	permittee, or applicant:
1899	(a)  Has violated any provision of s. 455.227(1) or s.
1900	475.42. However, licensees under this part are exempt from the
1901	provisions of s. 455.227(1)(i).
1902	Section 55.  For the purpose of incorporating the amendment
1903	made by this act to subsection (1) of section 455.227, Florida
1904	Statutes, in a reference thereto, subsection (1) of section
1905	475.624, Florida Statutes, is reenacted to read:
1906	475.624  Discipline.--The board may deny an application for
1907	registration or certification; may investigate the actions of
1908	any appraiser registered, licensed, or certified under this
1909	part; may reprimand or impose an administrative fine not to
1910	exceed $5,000 for each count or separate offense against any
1911	such appraiser; and may revoke or suspend, for a period not to
1912	exceed 10 years, the registration, license, or certification of
1913	any such appraiser, or place any such appraiser on probation, if
1914	it finds that the registered trainee, licensee, or
1915	certificateholder:
1916	(1)  Has violated any provisions of this part or s.
1917	455.227(1); however, certificateholders, registrants, and
1918	licensees under this part are exempt from the provisions of s.
1919	455.227(1)(i).
1920	Section 56.  For the purpose of incorporating the amendment
1921	made by this act to subsection (1) of section 455.227, Florida
1922	Statutes, in a reference thereto, paragraph (h) of subsection
1923	(1) of section 476.204, Florida Statutes, is reenacted to read:
1924	476.204  Penalties.--
1925	(1)  It is unlawful for any person to:
1926	(h)  Violate any provision of s. 455.227(1), s. 476.194, or
1927	s. 476.214.
1928	Section 57.  For the purpose of incorporating the amendment
1929	made by this act to subsection (1) of section 455.227, Florida
1930	Statutes, in a reference thereto, paragraph (h) of subsection
1931	(1) of section 477.029, Florida Statutes, is reenacted to read:
1932	477.029  Penalty.--
1933	(1)  It is unlawful for any person to:
1934	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
1935	or s. 477.028.
1936	Section 58.  For the purpose of incorporating the amendment
1937	made by this act to subsection (1) of section 455.227, Florida
1938	Statutes, in a reference thereto, paragraph (a) of subsection
1939	(1) of section 481.225, Florida Statutes, is reenacted to read:
1940	481.225  Disciplinary proceedings against registered
1941	architects.--
1942	(1)  The following acts constitute grounds for which the
1943	disciplinary actions in subsection (3) may be taken:
1944	(a)  Violating any provision of s. 455.227(1), s. 481.221,
1945	or s. 481.223, or any rule of the board or department lawfully
1946	adopted pursuant to this part or chapter 455.
1947	Section 59.  For the purpose of incorporating the amendment
1948	made by this act to subsection (1) of section 455.227, Florida
1949	Statutes, in a reference thereto, paragraph (a) of subsection
1950	(1) of section 481.325, Florida Statutes, is reenacted to read:
1951	481.325  Disciplinary proceedings.--
1952	(1)  The following acts constitute grounds for which the
1953	disciplinary actions in subsection (3) may be taken:
1954	(a)  Violation of any provision of s. 455.227(1), s.
1955	481.321, or s. 481.323.
1956	Section 60.  Section 509.201, Florida Statutes, is
1957	repealed.
1958	Section 61.  Except as otherwise expressly provided in this
1959	act, this act shall take effect October 1, 2009.

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