HB 713

1	A bill to be entitled
2	An act relating to the regulation of professions; amending
3	s. 20.165, F.S.; assigning certain programs to regulation
4	by the Division of Professions of the Department of
5	Business and Professional Regulation; amending ss. 215.37
6	and 455.017, F.S.; specifying that the department is
7	responsible for the regulation of certain professions;
8	amending s. 455.02, F.S.; authorizing the temporary
9	professional licensure of the spouses of active duty
10	members of the United States Armed Forces under certain
11	circumstances; providing application requirements;
12	requiring criminal history checks and fees; amending s.
13	455.213, F.S.; requiring a licensee to surrender his or
14	her license under certain circumstances; amending s.
15	455.217, F.S.; revising the departmental unit responsible
16	for administration of certain examinations; limiting an
17	applicant's review of failed examination questions;
18	amending s. 455.2175, F.S.; prohibiting an examinee whose
19	examination materials are confiscated from taking another
20	examination under certain circumstances; amending s.
21	455.227, F.S.; revising grounds for the discipline of
22	professional licensees; providing penalties; amending s.
23	455.228, F.S.; revising terminology for cease and desist
24	notices; creating s. 455.274, F.S.; authorizing the
25	publication of certain legal advertisements and notices on
26	the department's Internet website in lieu of publication
27	in a newspaper; amending s. 468.83, F.S.; creating the
28	home inspection services licensing program within the
29	department; amending s. 468.8311, F.S.; revising the
30	definition of the term "home inspection services" for
31	purposes of provisions regulating home inspectors;
32	amending s. 468.8312, F.S.; deleting limits on fees for
33	certificates of authorization to conform to changes made
34	by the act; amending s. 468.8313, F.S.; requiring home
35	inspector license applicants to satisfy certain
36	examination requirements before application for licensure;
37	requiring criminal history checks and fees; amending s.
38	468.8318, F.S.; deleting requirements for certificates of
39	authorization for corporations or partnerships offering
40	home inspection services; amending s. 468.8319, F.S.;
41	revising prohibited acts by home inspectors and certain
42	companies employing home inspectors or controlled by such
43	companies; exempting from punishment certain unlicensed
44	activity occurring before a specified date; amending s.
45	468.832, F.S.; providing an additional ground for
46	discipline of licensed home inspectors; amending s.
47	468.8324, F.S.; extending the time for licensure of home
48	inspectors under certain grandfather provisions; revising
49	the licensing criteria for such provisions; authorizing
50	the department to investigate the validity of home
51	inspection reports submitted for licensure under the
52	grandfather provisions; providing penalties for the
53	submission of false reports; creating s. 468.8325, F.S.;
54	requiring the department to adopt rules; amending s.
55	468.84, F.S.; creating the mold-related services licensing
56	program within the department; amending s. 468.8412, F.S.;
57	deleting limits on fees for certificates of authorization
58	to conform to changes made by the act; amending s.
59	468.8413, F.S.; requiring mold assessor and mold
60	remediator license applicants to satisfy certain
61	examination requirements before application for licensure;
62	revising the educational requirements for licensure as a
63	mold assessor or mold remediator; requiring criminal
64	history checks and fees; amending s. 468.8414, F.S.;
65	specifying that certain insurance coverage is required for
66	licensure by endorsement; amending s. 468.8418, F.S.;
67	deleting requirements for certificates of authorization
68	for corporations or partnerships offering mold-related
69	services; amending s. 468.8419, F.S.; exempting from
70	punishment certain unlicensed activity occurring before a
71	specified date; amending s. 468.842, F.S.; providing an
72	additional ground for discipline of licensed mold
73	assessors and mold remediators; amending s. 468.8421,
74	F.S.; revising insurance coverage requirements for mold
75	assessors; amending s. 468.8423, F.S.; extending the time
76	for licensure of mold assessors and mold remediators under
77	certain grandfather provisions; revising the licensing
78	criteria for such provisions; authorizing the department
79	to investigate the validity of mold assessments and
80	remediation invoices submitted for licensure under the
81	grandfather provisions; providing penalties for the
82	submission of false assessments or invoices; creating s.
83	468.8424, F.S.; requiring the department to adopt rules;
84	amending s. 474.203, F.S.; revising an exemption from
85	regulation of intern or resident veterinarians; amending
86	s. 475.175, F.S.; revising the application and fingerprint
87	requirements for real estate broker and sales associate
88	licenses; deleting a requirement that license applicants
89	provide fingerprints in an electronic format; amending s.
90	475.613, F.S.; revising qualifications of members of the
91	Florida Real Estate Appraisal Board; amending s. 477.019,
92	F.S.; deleting time limits for cosmetology license
93	applicants to take the licensure examination; conforming a
94	cross-reference; amending s. 509.211, F.S.; assigning
95	responsibility for the regulation of carbon monoxide
96	hazards in certain public lodging establishments to the
97	Division of State Fire Marshal of the Department of
98	Financial Services; creating s. 548.076, F.S.; authorizing
99	the Department of Business and Professional Regulation to
100	issue and enforce notices to cease and desist from
101	violations of provisions regulating pugilistic
102	exhibitions; providing penalties; amending s. 561.17,
103	F.S.; revising application requirements for alcoholic
104	beverage licenses; amending s. 561.20, F.S.; providing for
105	the issuance of special alcoholic beverage licenses to
106	certain movie theaters; limiting the on-premises sale of
107	alcoholic beverages to certain areas within such movie
108	theaters and times; requiring such movie theaters to pay
109	alcoholic beverage license taxes at a specified rate and
110	keep certain records for a specified time; amending s.
111	561.32, F.S.; deleting a provision that applies the
112	maximum fee for the transfer of certain inactive alcoholic
113	beverage licenses; reenacting ss. 468.436(2)(a),
114	468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
115	473.323(1)(a), 475.25(1)(a), 475.624(1), 476.204(1)(h),
116	477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
117	relating to disciplinary proceedings for community
118	association managers, home inspectors, mold assessors,
119	mold remediators, engineers, certified public accountants,
120	real estate brokers and sales associates, real estate
121	appraisers, barbers, cosmetologists, architects, and
122	landscape architects, to incorporate the amendment made to
123	s. 455.227, F.S., in references thereto; reenacting s.
124	468.8314(2), F.S., relating to the licensure of home
125	inspectors, to incorporate the amendment made to s.
126	468.832, F.S., in a reference thereto; providing an
127	effective date.
128
129	Be It Enacted by the Legislature of the State of Florida:
130
131	Section 1.  Subsection (4) of section 20.165, Florida
132	Statutes, is amended to read:
133	20.165  Department of Business and Professional
134	Regulation.-There is created a Department of Business and
135	Professional Regulation.
136	(4)(a)  The following boards and programs are established
137	within the Division of Professions:
138	1.  Board of Architecture and Interior Design, created
139	under part I of chapter 481.
140	2.  Florida Board of Auctioneers, created under part VI of
141	chapter 468.
142	3.  Barbers' Board, created under chapter 476.
143	4.  Florida Building Code Administrators and Inspectors
144	Board, created under part XII of chapter 468.
145	5.  Construction Industry Licensing Board, created under
146	part I of chapter 489.
147	6.  Board of Cosmetology, created under chapter 477.
148	7.  Electrical Contractors' Licensing Board, created under
149	part II of chapter 489.
150	8.  Board of Employee Leasing Companies, created under part
151	XI of chapter 468.
152	9.  Board of Landscape Architecture, created under part II
153	of chapter 481.
154	10.  Board of Pilot Commissioners, created under chapter
155	310.
156	11.  Board of Professional Engineers, created under chapter
157	471.
158	12.  Board of Professional Geologists, created under
159	chapter 492.
160	13.  Board of Veterinary Medicine, created under chapter
161	474.
162	14.  Home inspection services licensing program, created
163	under part XV of chapter 468.
164	15.  Mold-related services licensing program, created under
165	part XVI of chapter 468.
166	(b)  The following board and commission are established
167	within the Division of Real Estate:
168	1.  Florida Real Estate Appraisal Board, created under part
169	II of chapter 475.
170	2.  Florida Real Estate Commission, created under part I of
171	chapter 475.
172	(c)  The following board is established within the Division
173	of Certified Public Accounting:
174	1.  Board of Accountancy, created under chapter 473.
175	Section 2.  Subsection (2) of section 215.37, Florida
176	Statutes, is amended to read:
177	215.37  Department of Business and Professional Regulation
178	and the boards to be financed from fees collected; deposit of
179	funds; service charge; appropriation.-
180	(2)  The regulation by the department of professions, as
181	defined in s. 455.01 chapter 455, by the department shall be
182	financed solely from revenue collected by it from fees and other
183	charges and deposited in the Professional Regulation Trust Fund,
184	and all such revenue is hereby appropriated to the department.
185	However, it is legislative intent that each profession shall
186	operate within its anticipated fees.
187	Section 3.  Section 455.017, Florida Statutes, is amended
188	to read:
189	455.017  Applicability of this chapter.-The provisions of
190	This chapter applies apply only to the regulation by the
191	department of professions by the department.
192	Section 4.  Section 455.02, Florida Statutes, is amended to
193	read:
194	455.02  Licensure of members of the Armed Forces in good
195	standing with administrative boards and their spouses.-
196	(1)  Any member of the Armed Forces of the United States
197	now or hereafter on active duty who, at the time of becoming
198	such a member, was in good standing with any administrative
199	board of the state and was entitled to practice or engage in his
200	or her profession or vocation in the state shall be kept in good
201	standing by such administrative board, without registering,
202	paying dues or fees, or performing any other act on his or her
203	part to be performed, as long as he or she is a member of the
204	Armed Forces of the United States on active duty and for a
205	period of 6 months after discharge from active duty as a member
206	of the Armed Forces of the United States, if provided he or she
207	is not engaged in his or her licensed profession or vocation in
208	the private sector for profit.
209	(2)  The boards listed in s. 20.165 shall adopt promulgate
210	rules that exempt exempting the spouse spouses of a member
211	members of the Armed Forces of the United States from licensure
212	renewal provisions, but only in cases of his or her absence from
213	the state because of his or her spouse's their spouses' duties
214	with the Armed Forces.
215	(3)(a)  The department may issue a temporary professional
216	license to the spouse of an active duty member of the Armed
217	Forces of the United States if the spouse applies to the
218	department in the format prescribed by the department. An
219	application must include:
220	1.  Proof that the applicant is married to a member of the
221	Armed Forces of the United States who is on active duty.
222	2.  Proof that the applicant holds a valid license for the
223	profession issued by another state, the District of Columbia,
224	any possession or territory of the United States, or any foreign
225	jurisdiction.
226	3.  Proof that the applicant's spouse is assigned to a duty
227	station in this state and that the applicant is also assigned to
228	a duty station in this state pursuant to the member's official
229	active duty military orders.
230	4.  Proof that a complete set of the applicant's
231	fingerprints are submitted to the Department of Law Enforcement
232	for a statewide criminal history check. The Department of Law
233	Enforcement shall forward the fingerprints to the Federal Bureau
234	of Investigation for a national criminal history check. The
235	department shall, and the board may, review the results of the
236	criminal history checks according to the level 2 screening
237	standards in s. 435.04 and determine whether the applicant meets
238	the licensure requirements. The costs of fingerprint processing
239	shall be borne by the applicant. If the applicant's fingerprints
240	are submitted through an authorized agency or vendor, the agency
241	or vendor shall collect the required processing fees and remit
242	the fees to the Department of Law Enforcement.
243	(b)  An application must be accompanied by an application
244	fee prescribed by the department that is sufficient to cover the
245	cost of issuance of the temporary license.
246	(c)  A temporary license expires 6 months after the date of
247	issuance and is not renewable.
248	Section 5.  Subsection (2) of section 455.213, Florida
249	Statutes, is amended to read:
250	455.213  General licensing provisions.-
251	(2)  Before the issuance of any license, the department may
252	charge an initial license fee as determined by rule of the
253	applicable board or, if no such board exists, by rule of the
254	department. Upon receipt of the appropriate license fee, except
255	as provided in subsection (3), the department shall issue a
256	license to any person certified by the appropriate board, or its
257	designee, or the department when there is no board, as having
258	met the applicable requirements imposed by law or rule. However,
259	an applicant who is not otherwise qualified for licensure is not
260	entitled to licensure solely based on a passing score on a
261	required examination. Upon a determination by the department
262	that it erroneously issued a license, or upon the revocation of
263	a license by the applicable board, or by the department when
264	there is no board, the licensee must surrender his or her
265	license to the department.
266	Section 6.  Subsections (1) and (3) of section 455.217,
267	Florida Statutes, are amended to read:
268	455.217  Examinations.-This section shall be read in
269	conjunction with the appropriate practice act associated with
270	each regulated profession under this chapter.
271	(1)  The Division of Professions Service Operations of the
272	Department of Business and Professional Regulation shall
273	provide, contract, or approve services for the development,
274	preparation, administration, scoring, score reporting, and
275	evaluation of all examinations. The division shall seek the
276	advice of the appropriate board in providing such services.
277	(a)  The department, acting in conjunction with the
278	Division of Service Operations, the Division of Professions, and
279	the Division of Real Estate, as appropriate, shall ensure that
280	examinations adequately and reliably measure an applicant's
281	ability to practice the profession regulated by the department.
282	After an examination developed or approved by the department has
283	been administered, the board or department may reject any
284	question which does not reliably measure the general areas of
285	competency specified in the rules of the board or department,
286	when there is no board. The department shall use qualified
287	outside testing vendors for the development, preparation, and
288	evaluation of examinations, when such services are economically
289	and viably available and approved by the department.
290	(b)  For each examination developed by the department or
291	contracted vendor, to the extent not otherwise specified by
292	statute, the board or the department when there is no board,
293	shall by rule specify the general areas of competency to be
294	covered by the examination, the relative weight to be assigned
295	in grading each area tested, the score necessary to achieve a
296	passing grade, and the fees, where applicable, to cover the
297	actual cost for any purchase, development, and administration of
298	the required examination. However, statutory fee caps in each
299	practice act shall apply. This subsection does not apply to
300	national examinations approved and administered pursuant to
301	paragraph (d).
302	(c)  If a practical examination is deemed to be necessary,
303	rules shall specify the criteria by which examiners are to be
304	selected, the grading criteria to be used by the examiner, the
305	relative weight to be assigned in grading each criterion, and
306	the score necessary to achieve a passing grade. When a mandatory
307	standardization exercise for a practical examination is required
308	by law, the board may conduct such exercise. Therefore, board
309	members may serve as examiners at a practical examination with
310	the consent of the board.
311	(d)  A board, or the department when there is no board, may
312	approve by rule the use of any national examination which the
313	department has certified as meeting requirements of national
314	examinations and generally accepted testing standards pursuant
315	to department rules. Providers of examinations, which may be
316	either profit or nonprofit entities, seeking certification by
317	the department shall pay the actual costs incurred by the
318	department in making a determination regarding the
319	certification. The department shall use any national examination
320	which is available, certified by the department, and approved by
321	the board. The name and number of a candidate may be provided to
322	a national contractor for the limited purpose of preparing the
323	grade tape and information to be returned to the board or
324	department or, to the extent otherwise specified by rule, the
325	candidate may apply directly to the vendor of the national
326	examination. The department may delegate to the board the duty
327	to provide and administer the examination. Any national
328	examination approved by a board, or the department when there is
329	no board, prior to October 1, 1997, is deemed certified under
330	this paragraph. Any licensing or certification examination that
331	is not developed or administered by the department in-house or
332	provided as a national examination shall be competitively bid.
333	(e)  The department shall adopt rules regarding the
334	security and monitoring of examinations. In order to maintain
335	the security of examinations, the department may employ the
336	procedures set forth in s. 455.228 to seek fines and injunctive
337	relief against an examinee who violates the provisions of s.
338	455.2175 or the rules adopted pursuant to this paragraph. The
339	department, or any agent thereof, may, for the purposes of
340	investigation, confiscate any written, photographic, or
341	recording material or device in the possession of the examinee
342	at the examination site which the department deems necessary to
343	enforce such provisions or rules.
344	(f)  If the professional board with jurisdiction over an
345	examination concurs, the department may, for a fee, share with
346	any other state's licensing authority an examination developed
347	by or for the department unless prohibited by a contract entered
348	into by the department for development or purchase of the
349	examination. The department, with the concurrence of the
350	appropriate board, shall establish guidelines that ensure
351	security of a shared exam and shall require that any other
352	state's licensing authority comply with those guidelines. Those
353	guidelines shall be approved by the appropriate professional
354	board. All fees paid by the user shall be applied to the
355	department's examination and development program for professions
356	regulated by this chapter. All fees paid by the user for
357	professions not regulated by this chapter shall be applied to
358	offset the fees for the development and administration of that
359	profession's examination. If both a written and a practical
360	examination are given, an applicant shall be required to retake
361	only the portion of the examination for which he or she failed
362	to achieve a passing grade, if he or she successfully passes
363	that portion within a reasonable time of his or her passing the
364	other portion.
365	(3)  Except for national examinations approved and
366	administered pursuant to paragraph (1)(d), the department shall
367	provide procedures for applicants who have taken and failed an
368	examination developed by the department or a contracted vendor
369	to review their most recently administered examination
370	questions, answers, papers, grades, and grading key for the
371	questions the candidate answered incorrectly or, if not
372	feasible, the parts of the examination failed. Applicants shall
373	bear the actual cost for the department to provide examination
374	review pursuant to this subsection. An applicant may waive in
375	writing the confidentiality of his or her examination grades.
376	Section 7.  Section 455.2175, Florida Statutes, is amended
377	to read:
378	455.2175  Penalty for theft or reproduction of an
379	examination.-In addition to, or in lieu of, any other discipline
380	imposed pursuant to s. 455.227, the theft of an examination in
381	whole or in part or the act of reproducing or copying any
382	examination administered by the department, whether such
383	examination is reproduced or copied in part or in whole and by
384	any means, constitutes a felony of the third degree, punishable
385	as provided in s. 775.082, s. 775.083, or s. 775.084. An
386	examinee whose examination materials are confiscated is not
387	permitted to take another examination until the criminal
388	investigation reveals that the examinee did not violate this
389	section.
390	Section 8.  Paragraph (c) of subsection (1) of section
391	455.227, Florida Statutes, is amended to read:
392	455.227  Grounds for discipline; penalties; enforcement.-
393	(1)  The following acts shall constitute grounds for which
394	the disciplinary actions specified in subsection (2) may be
395	taken:
396	(c)  Being convicted or found guilty of, or entering a plea
397	of guilty or nolo contendere to, regardless of adjudication, a
398	crime in any jurisdiction which relates to the practice of, or
399	the ability to practice, a licensee's profession.
400	Section 9.  Subsection (1) of section 455.228, Florida
401	Statutes, is amended to read:
402	455.228  Unlicensed practice of a profession; cease and
403	desist notice; civil penalty; enforcement; citations; allocation
404	of moneys collected.-
405	(1)  When the department has probable cause to believe that
406	any person not licensed by the department, or the appropriate
407	regulatory board within the department, has violated any
408	provision of this chapter or any statute that relates to the
409	practice of a profession regulated by the department, or any
410	rule adopted pursuant thereto, the department may issue and
411	deliver to such person a notice to cease and desist from such
412	violation. In addition, the department may issue and deliver a
413	notice to cease and desist to any person who aids and abets the
414	unlicensed practice of a profession by employing such unlicensed
415	person. The issuance of a notice to cease and desist shall not
416	constitute agency action for which a hearing under ss. 120.569
417	and 120.57 may be sought. For the purpose of enforcing a cease
418	and desist notice order, the department may file a proceeding in
419	the name of the state seeking issuance of an injunction or a
420	writ of mandamus against any person who violates any provisions
421	of such notice order. In addition to the foregoing remedies, the
422	department may impose an administrative penalty not to exceed
423	$5,000 per incident pursuant to the provisions of chapter 120 or
424	may issue a citation pursuant to the provisions of subsection
425	(3). If the department is required to seek enforcement of the
426	notice order for a penalty pursuant to s. 120.569, it shall be
427	entitled to collect its attorney's fees and costs, together with
428	any cost of collection.
429	Section 10.  Section 455.274, Florida Statutes, is created
430	to read:
431	455.274  Publication of legal advertisements and notices.-
432	(1)  Notwithstanding s. 49.10, when the department is
433	required to publish a notice of action for any proceeding
434	involving a licensee, in lieu of publishing the notice of action
435	in a newspaper, the department may publish the notice of action
436	for 4 consecutive weeks on the department's Internet website in
437	a designated section of the website that pertains to the
438	licensee's profession.
439	(2)  Notwithstanding s. 50.011, when the department is
440	required or authorized to publish a legal advertisement or
441	notice for any purpose described in s. 50.011 involving a
442	licensee, in lieu of publishing the legal advertisement or
443	notice in a newspaper, the department may publish the legal
444	advertisement or notice on the department's Internet website in
445	a designated section of the website that pertains to the
446	licensee's profession.
447	(3)  Notwithstanding s. 120.60(5), when the department is
448	required to publish notice to a licensee of the revocation,
449	suspension, annulment, or withdrawal of his or her license, if
450	personal service cannot be made to the licensee and the
451	certified mail notice is returned undelivered, in lieu of
452	publishing the notice in a newspaper, the department may publish
453	the notice for 4 consecutive weeks on the department's Internet
454	website in a designated section of the website that pertains to
455	the licensee's profession.
456	Section 11.  Section 468.83, Florida Statutes, is amended
457	to read:
458	468.83  Home inspection services licensing program;
459	purpose.-
460	(1)  There is created within the department the home
461	inspection services licensing program.
462	(2)  The Legislature recognizes that there is a need to
463	require the licensing of home inspectors and to ensure that
464	consumers of home inspection services can rely on the competence
465	of home inspectors, as determined by educational and experience
466	requirements and testing. Therefore, the Legislature deems it
467	necessary in the interest of the public welfare to regulate home
468	inspectors in this state.
469	Section 12.  Subsection (4) of section 468.8311, Florida
470	Statutes, is amended to read:
471	468.8311  Definitions.-As used in this part, the term:
472	(4)  "Home inspection services" means a limited visual
473	examination of one or more of the following readily accessible
474	installed systems and components of a home: the structure,
475	electrical system, HVAC system, roof covering, plumbing system,
476	interior components, exterior components, and site conditions
477	that affect the structure, for the purposes of providing a
478	written professional opinion of the condition of the home.
479	Section 13.  Subsections (5) through (8) of section
480	468.8312, Florida Statutes, are renumbered as subsections (4)
481	through (7), respectively, and present subsection (4) of that
482	section is amended to read:
483	468.8312  Fees.-
484	(4)  The fee for a certificate of authorization shall not
485	exceed $125.
486	Section 14.  Subsections (1) and (2) of section 468.8313,
487	Florida Statutes, are amended, and paragraph (d) is added to
488	subsection (5) of that section, to read:
489	468.8313  Examinations.-
490	(1)  A person desiring to be licensed as a home inspector
491	must shall apply to the department after satisfying the
492	examination requirements of this part to take a licensure
493	examination.
494	(2)  An applicant may shall be entitled to take the
495	licensure examination for the purpose of determining whether he
496	or she is qualified to practice in this state as a home
497	inspector if he or she passes the required examination, the
498	applicant is of good moral character, and completes has
499	completed a course of study of at least no less than 120 hours
500	that covers all of the following components of a home:
501	structure, electrical system, HVAC system, roof covering,
502	plumbing system, interior components, exterior components, and
503	site conditions that affect the structure.
504	(5)
505	(d)  An initial applicant must submit a complete set of his
506	or her fingerprints to the Department of Law Enforcement for a
507	statewide criminal history check. The Department of Law
508	Enforcement shall forward the fingerprints to the Federal Bureau
509	of Investigation for a national criminal history check. The
510	department shall review the results of the criminal history
511	checks according to the level 2 screening standards in s. 435.04
512	and determine whether the applicant meets the licensure
513	requirements. The costs of fingerprint processing shall be borne
514	by the applicant. If the applicant's fingerprints are submitted
515	through an authorized agency or vendor, the agency or vendor
516	shall collect the required processing fees and remit the fees to
517	the Department of Law Enforcement.
518	Section 15.  Section 468.8318, Florida Statutes, is amended
519	to read:
520	468.8318  Certification of corporations and partnerships.-
521	(1)  The department shall issue a certificate of
522	authorization to a corporation or partnership offering home
523	inspection services to the public if the corporation or
524	partnership satisfies all of the requirements of this part.
525	(2)  The practice of or the offer to practice home
526	inspection services by licensees through a corporation or
527	partnership offering home inspection services to the public, or
528	by a corporation or partnership offering such services to the
529	public through licensees under this part as agents, employees,
530	officers, or partners, is permitted subject to the provisions of
531	this part, provided that all personnel of the corporation or
532	partnership who act in its behalf as home inspectors in this
533	state are licensed as provided by this part; and further
534	provided that the corporation or partnership has been issued a
535	certificate of authorization by the department as provided in
536	this section. Nothing in this section shall be construed to
537	allow a corporation to hold a license to practice home
538	inspection services. No corporation or partnership shall be
539	relieved of responsibility for the conduct or acts of its
540	agents, employees, or officers by reason of its compliance with
541	this section, nor shall any individual practicing home
542	inspection services be relieved of responsibility for
543	professional services performed by reason of his or her
544	employment or relationship with a corporation or partnership.
545	(3)  For the purposes of this section, a certificate of
546	authorization shall be required for a corporation, partnership,
547	association, or person practicing under a fictitious name and
548	offering home inspection services to the public; however, when
549	an individual is practicing home inspection services in his or
550	her own given name, he or she shall not be required to register
551	under this section.
552	(4)  Each certificate of authorization shall be renewed
553	every 2 years. Each partnership and corporation certified under
554	this section shall notify the department within 1 month of any
555	change in the information contained in the application upon
556	which the certification is based.
557	(5)  Disciplinary action against a corporation or
558	partnership shall be administered in the same manner and on the
559	same grounds as disciplinary action against a licensed home
560	inspector.
561	Section 16.  Section 468.8319, Florida Statutes, is amended
562	to read:
563	468.8319  Prohibitions; penalties.-
564	(1)  A home inspector, a company that employs a home
565	inspector, or a company that is controlled by a company that
566	also has a financial interest in a company employing a home
567	inspector may not:
568	(a)  Practice or offer to practice home inspection services
569	unless the person has complied with the provisions of this part;
570	(b)  Use the name or title "certified home inspector,"
571	"registered home inspector," "licensed home inspector," "home
572	inspector," "professional home inspector," or any combination
573	thereof unless the person has complied with the provisions of
574	this part;
575	(c)  Present as his or her own the license of another;
576	(d)  Knowingly give false or forged evidence to the
577	department or an employee thereof;
578	(e)  Use or attempt to use a license that has been
579	suspended or revoked;
580	(f)  Perform or offer to perform, prior to closing, for any
581	additional fee, any repairs to a home on which the inspector or
582	the inspector's company has prepared a home inspection report.
583	This paragraph does not apply to a home warranty company that is
584	affiliated with or retains a home inspector to perform repairs
585	pursuant to a claim made under a home warranty contract;
586	(g)  Inspect for a fee any property in which the inspector
587	or the inspector's company has any financial or transfer
588	interest;
589	(h)  Offer or deliver any compensation, inducement, or
590	reward to any broker or agent therefor for the referral of the
591	owner of the inspected property to the inspector or the
592	inspection company; or
593	(i)  Accept an engagement to make an omission or prepare a
594	report in which the inspection itself, or the fee payable for
595	the inspection, is contingent upon either the conclusions in the
596	report, preestablished findings, or the close of escrow.
597	(2)  Any person who is found to be in violation of any
598	provision of this section commits a misdemeanor of the first
599	degree, punishable as provided in s. 775.082 or s. 775.083.
600	(3)  This section does not apply to unlicensed activity as
601	described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
602	that occurs before July 1, 2011.
603	Section 17.  Paragraph (j) is added to subsection (1) of
604	section 468.832, Florida Statutes, to read:
605	468.832  Disciplinary proceedings.-
606	(1)  The following acts constitute grounds for which the
607	disciplinary actions in subsection (2) may be taken:
608	(j)  Failing to meet any standard of practice adopted by
609	rule of the department.
610	Section 18.  Section 468.8324, Florida Statutes, is amended
611	to read:
612	468.8324  Grandfather clause.-
613	(1)  A person who performs home inspection services as
614	defined in this part may qualify for licensure to be licensed by
615	the department as a home inspector if the person submits his or
616	her application to the department by March 1, 2011, whether
617	postmarked or delivered by that date, and if the person: meets
618	the licensure requirements of this part by July 1, 2010.
619	(a)  Is certified as a home inspector by a state or
620	national association that requires, for such certification,
621	successful completion of a proctored examination on home
622	inspection services and completes at least 14 hours of
623	verifiable education on such services; or
624	(b)  At the time of application, has at least 3 years of
625	experience as a home inspector and completes at least 14 hours
626	of verifiable education on home inspection services. To
627	establish the 3 years of experience, an applicant must submit at
628	least 120 home inspection reports prepared by the applicant.
629	(2)  The department may investigate the validity of a home
630	inspection report submitted under paragraph (1)(b) and, if the
631	applicant submits a false report, may take disciplinary action
632	against the applicant under s. 468.832(1)(e) or (g).
633	(3)  An applicant may not qualify for licensure under this
634	section if he or she has had a home inspector license or a
635	license in any related field revoked at any time or suspended
636	within the previous 5 years or has been assessed a fine that
637	exceeds $500 within the previous 5 years. For purposes of this
638	subsection, a license in a related field includes, but is not
639	limited to, licensure in real estate, construction, mold-related
640	services, or building code administration or inspection.
641	(4)  An applicant for licensure under this section must
642	comply with the criminal history, good moral character, and
643	insurance requirements of this part.
644	Section 19.  Section 468.8325, Florida Statutes, is created
645	to read:
646	468.8325  Rulemaking authority.-The department shall adopt
647	rules to administer this part.
648	Section 20.  Section 468.84, Florida Statutes, is amended
649	to read:
650	468.84  Mold-related services licensing program;
651	legislative purpose.-
652	(1)  There is created within the department the mold-
653	related services licensing program.
654	(2)  The Legislature finds it necessary in the interest of
655	the public safety and welfare, to prevent damage to real and
656	personal property, to avert economic injury to the residents of
657	this state, and to regulate persons and companies that hold
658	themselves out to the public as qualified to perform mold-
659	related services.
660	Section 21.  Subsections (7) through (10) of section
661	468.8412, Florida Statutes, are renumbered as subsections (6)
662	through (9), respectively, and present subsection (6) of that
663	section is amended to read:
664	468.8412  Fees.-
665	(6)  The fee for a biennial certificate of authorization
666	renewal shall not exceed $400.
667	Section 22.  Subsections (1) and (2) of section 468.8413,
668	Florida Statutes, are amended, and paragraph (d) is added to
669	subsection (4) of that section, to read:
670	468.8413  Examinations.-
671	(1)  A person desiring to be licensed as a mold assessor or
672	mold remediator must shall apply to the department after
673	satisfying the examination requirements of this part to take a
674	licensure examination.
675	(2)  An applicant may shall be entitled to take the
676	licensure examination to practice in this state as a mold
677	assessor or mold remediator if he or she passes the required
678	examination, the applicant is of good moral character, and
679	completes has satisfied one of the following requirements:
680	(a)1.  For a mold remediator, at least a 2-year associate
681	of arts degree, or the equivalent, with at least 30 semester
682	hours in microbiology, engineering, architecture, industrial
683	hygiene, occupational safety, or a related field of science from
684	an accredited institution and a minimum of 1 year of documented
685	field experience in a field related to mold remediation; or
686	2.  A high school diploma or the equivalent with a minimum
687	of 4 years of documented field experience in a field related to
688	mold remediation.
689	(b)1.  For a mold assessor, at least a 2-year associate of
690	arts degree, or the equivalent, with at least 30 semester hours
691	in microbiology, engineering, architecture, industrial hygiene,
692	occupational safety, or a related field of science from an
693	accredited institution and a minimum of 1 year of documented
694	field experience in conducting microbial sampling or
695	investigations; or
696	2.  A high school diploma or the equivalent with a minimum
697	of 4 years of documented field experience in conducting
698	microbial sampling or investigations.
699	(4)
700	(d)  An initial applicant must submit a complete set of his
701	or her fingerprints to the Department of Law Enforcement for a
702	statewide criminal history check. The Department of Law
703	Enforcement shall forward the fingerprints to the Federal Bureau
704	of Investigation for a national criminal history check. The
705	department shall review the results of the criminal history
706	checks according to the level 2 screening standards in s. 435.04
707	and determine whether the applicant meets the licensure
708	requirements. The costs of fingerprint processing shall be borne
709	by the applicant. If the applicant's fingerprints are submitted
710	through an authorized agency or vendor, the agency or vendor
711	shall collect the required processing fees and remit the fees to
712	the Department of Law Enforcement.
713	Section 23.  Subsection (3) of section 468.8414, Florida
714	Statutes, is amended to read:
715	468.8414  Licensure.-
716	(3)  The department shall certify as qualified for a
717	license by endorsement an applicant who is of good moral
718	character, who has the insurance coverage required under s.
719	468.8421, and who:
720	(a)  Is qualified to take the examination as set forth in
721	s. 468.8413 and has passed a certification examination offered
722	by a nationally recognized organization that certifies persons
723	in the specialty of mold assessment or mold remediation that has
724	been approved by the department as substantially equivalent to
725	the requirements of this part and s. 455.217; or
726	(b)  Holds a valid license to practice mold assessment or
727	mold remediation issued by another state or territory of the
728	United States if the criteria for issuance of the license were
729	substantially the same as the licensure criteria that is
730	established by this part as determined by the department.
731	Section 24.  Section 468.8418, Florida Statutes, is amended
732	to read:
733	468.8418  Certification of partnerships and corporations.-
734	(1)  The department shall issue a certificate of
735	authorization to a corporation or partnership offering mold
736	assessment or mold remediation services to the public if the
737	corporation or partnership satisfies all of the requirements of
738	this part.
739	(2)  The practice of or the offer to practice mold
740	assessment or mold remediation by licensees through a
741	corporation or partnership offering mold assessment or mold
742	remediation to the public, or by a corporation or partnership
743	offering such services to the public through licensees under
744	this part as agents, employees, officers, or partners, is
745	permitted subject to the provisions of this part, provided that
746	the corporation or partnership has been issued a certificate of
747	authorization by the department as provided in this section.
748	Nothing in this section shall be construed to allow a
749	corporation to hold a license to practice mold assessment or
750	mold remediation. No corporation or partnership shall be
751	relieved of responsibility for the conduct or acts of its
752	agents, employees, or officers by reason of its compliance with
753	this section, nor shall any individual practicing mold
754	assessment or mold remediation be relieved of responsibility for
755	professional services performed by reason of his or her
756	employment or relationship with a corporation or partnership.
757	(3)  For the purposes of this section, a certificate of
758	authorization shall be required for a corporation, partnership,
759	association, or person practicing under a fictitious name,
760	offering mold assessment or mold remediation; however, when an
761	individual is practicing mold assessment or mold remediation
762	under his or her own given name, he or she shall not be required
763	to register under this section.
764	(4)  Each certificate of authorization shall be renewed
765	every 2 years. Each partnership and corporation certified under
766	this section shall notify the department within 1 month of any
767	change in the information contained in the application upon
768	which the certification is based.
769	(5)  Disciplinary action against a corporation or
770	partnership shall be administered in the same manner and on the
771	same grounds as disciplinary action against a licensed mold
772	assessor or mold remediator.
773	Section 25.  Section 468.8419, Florida Statutes, is amended
774	to read:
775	468.8419  Prohibitions; penalties.-
776	(1)  A mold assessor, a company that employs a mold
777	assessor, or a company that is controlled by a company that also
778	has a financial interest in a company employing a mold assessor
779	may not:
780	(a)  Perform or offer to perform any mold assessment unless
781	the mold assessor has documented training in water, mold, and
782	respiratory protection under s. 468.8414(2).
783	(b)  Perform or offer to perform any mold assessment unless
784	the person has complied with the provisions of this part.
785	(c)  Use the name or title "certified mold assessor,"
786	"registered mold assessor," "licensed mold assessor," "mold
787	assessor," "professional mold assessor," or any combination
788	thereof unless the person has complied with the provisions of
789	this part.
790	(d)  Perform or offer to perform any mold remediation to a
791	structure on which the mold assessor or the mold assessor's
792	company provided a mold assessment within the last 12 months.
793	(e)  Inspect for a fee any property in which the assessor
794	or the assessor's company has any financial or transfer
795	interest.
796	(f)  Accept any compensation, inducement, or reward from a
797	mold remediator or mold remediator's company for the referral of
798	any business to the mold remediator or the mold remediator's
799	company.
800	(g)  Offer any compensation, inducement, or reward to a
801	mold remediator or mold remediator's company for the referral of
802	any business from the mold remediator or the mold remediator's
803	company.
804	(h)  Accept an engagement to make an omission of the
805	assessment or conduct an assessment in which the assessment
806	itself, or the fee payable for the assessment, is contingent
807	upon the conclusions of the assessment.
808	(2)  A mold remediator, a company that employs a mold
809	remediator, or a company that is controlled by a company that
810	also has a financial interest in a company employing a mold
811	remediator may not:
812	(a)  Perform or offer to perform any mold remediation
813	unless the remediator has documented training in water, mold,
814	and respiratory protection under s. 468.8414(2).
815	(b)  Perform or offer to perform any mold remediation
816	unless the person has complied with the provisions of this part.
817	(c)  Use the name or title "certified mold remediator,"
818	"registered mold remediator," "licensed mold remediator," "mold
819	remediator," "professional mold remediator," or any combination
820	thereof unless the person has complied with the provisions of
821	this part.
822	(d)  Perform or offer to perform any mold assessment to a
823	structure on which the mold remediator or the mold remediator's
824	company provided a mold remediation within the last 12 months.
825	(e)  Remediate for a fee any property in which the mold
826	remediator or the mold remediator's company has any financial or
827	transfer interest.
828	(f)  Accept any compensation, inducement, or reward from a
829	mold assessor or mold assessor's company for the referral of any
830	business from the mold assessor or the mold assessor's company.
831	(g)  Offer any compensation, inducement, or reward to a
832	mold assessor or mold assessor's company for the referral of any
833	business from the mold assessor or the mold assessor's company.
834	(3)  Any person who violates any provision of this section
835	commits:
836	(a)  A misdemeanor of the second degree for a first
837	violation, punishable as provided in s. 775.082 or s. 775.083.
838	(b)  A misdemeanor of the first degree for a second
839	violation, punishable as provided in s. 775.082 or s. 775.083.
840	(c)  A felony of the third degree for a third or subsequent
841	violation, punishable as provided in s. 775.082, s. 775.083, or
842	s. 775.084.
843	(4)  This section does not apply to unlicensed activity as
844	described in paragraph (1)(b), paragraph (1)(c), or s. 455.228
845	that occurs before July 1, 2011.
846	Section 26.  Paragraph (j) is added to subsection (1) of
847	section 468.842, Florida Statutes, to read:
848	468.842  Disciplinary proceedings.-
849	(1)  The following acts constitute grounds for which the
850	disciplinary actions in subsection (2) may be taken:
851	(j)  Failing to meet any standard of practice adopted by
852	rule of the department.
853	Section 27.  Subsection (1) of section 468.8421, Florida
854	Statutes, is amended to read:
855	468.8421  Insurance.-
856	(1)  A mold assessor shall maintain general liability and
857	errors and omissions for both preliminary and postremediation
858	mold assessment insurance coverage in an amount of at least $1
859	million not less than $1,000,000.
860	Section 28.  Section 468.8423, Florida Statutes, is amended
861	to read:
862	468.8423  Grandfather clause.-
863	(1)  A person who performs mold assessment or mold
864	remediation as defined in this part may qualify for licensure to
865	be licensed by the department as a mold assessor or mold
866	remediator if the person submits his or her application to the
867	department by March 1, 2011, whether postmarked or delivered by
868	that date, and if the person: meets the licensure requirements
869	of this part by July 1, 2010.
870	(a)  Is certified as a mold assessor or mold remediator by
871	a state or national association that requires, for such
872	certification, successful completion of a proctored examination
873	on mold assessment or mold remediation, as applicable, and
874	completes at least 60 hours of education on mold assessment or
875	at least 30 hours of education on mold remediation, as
876	applicable; or
877	(b)  At the time of application, has at least 3 years of
878	experience as a mold assessor or mold remediator. To establish
879	the 3 years of experience, an applicant must submit at least 40
880	mold assessments or remediation invoices prepared by the
881	applicant.
882	(2)  The department may investigate the validity of a mold
883	assessment or remediation invoice submitted under paragraph
884	(1)(b) and, if the applicant submits a false assessment or
885	invoice, may take disciplinary action against the applicant
886	under s. 468.842(1)(e) or (g).
887	(3)  An applicant may not qualify for licensure under this
888	section if he or she has had a mold assessor or mold remediator
889	license or a license in any related field revoked at any time or
890	suspended within the previous 5 years or has been assessed a
891	fine that exceeds $500 within the previous 5 years. For purposes
892	of this subsection, a license in a related field includes, but
893	is not limited to, licensure in real estate, construction, home
894	inspection, building code administration or inspection, or
895	indoor air quality.
896	(4)  An applicant for licensure under this section must
897	comply with the good moral character and insurance requirements
898	of this part.
899	Section 29.  Section 468.8424, Florida Statutes, is created
900	to read:
901	468.8424  Rulemaking authority.-The department shall adopt
902	rules to administer this part.
903	Section 30.  Subsection (2) of section 474.203, Florida
904	Statutes, is amended to read:
905	474.203  Exemptions.-This chapter shall not apply to:
906	(2)  A person practicing as an intern or resident
907	veterinarian who does not hold a valid license issued under this
908	chapter and who is a graduate in training at a school or college
909	of veterinary medicine located in this state and accredited by
910	the American Veterinary Medical Association Council on Education
911	or a school or college recognized by the American Veterinary
912	Medical Association Commission for Foreign Veterinary Graduates.
913	Such intern or resident must be a graduate of a school or
914	college of veterinary medicine accredited by the American
915	Veterinary Medical Association Council on Education or a school
916	or college of veterinary medicine recognized by the Educational
917	Commission for Foreign Veterinary Graduates of the American
918	Veterinary Medical Association. This exemption expires when such
919	intern or resident completes or is terminated from such
920	training. Each school or college at which such intern or
921	resident is in training shall, on July 1 of each year, provide
922	the board with a written list of all such interns or residents
923	designated for this exemption, and the school or college shall
924	also notify the board of any additions or deletions to the list.
925
926	For the purposes of chapters 465 and 893, persons exempt
927	pursuant to subsection (1), subsection (2), or subsection (4)
928	are deemed to be duly licensed practitioners authorized by the
929	laws of this state to prescribe drugs or medicinal supplies.
930	Section 31.  Paragraph (a) of subsection (1) of section
931	475.175, Florida Statutes, is amended to read:
932	475.175  Examinations.-
933	(1)  A person shall be entitled to take the license
934	examination to practice in this state if the person:
935	(a)  Submits to the department the appropriate signed or
936	electronically authenticated application, fingerprints, and fee,
937	and a fingerprint card. The fingerprints fingerprint card shall
938	be forwarded to the Division of Criminal Justice Information
939	Systems within the Department of Law Enforcement for purposes of
940	processing the fingerprints fingerprint card to determine if the
941	applicant has a criminal history record. The fingerprints
942	fingerprint card shall also be forwarded to the Federal Bureau
943	of Investigation for purposes of processing the fingerprints
944	fingerprint card to determine if the applicant has a criminal
945	history record. The information obtained by the processing of
946	the fingerprints fingerprint card by the Florida Department of
947	Law Enforcement and the Federal Bureau of Investigation shall be
948	sent to the department for the purpose of determining if the
949	applicant is statutorily qualified for examination. Effective
950	July 1, 2006, an applicant shall provide fingerprints in
951	electronic format.
952	Section 32.  Subsection (1) of section 475.613, Florida
953	Statutes, is amended to read:
954	475.613  Florida Real Estate Appraisal Board.-
955	(1)  There is created the Florida Real Estate Appraisal
956	Board, which shall consist of seven members appointed by the
957	Governor, subject to confirmation by the Senate. Four members of
958	the board must be real estate appraisers who have been engaged
959	in the general practice of appraising real property in this
960	state for at least 5 years immediately preceding appointment. In
961	appointing real estate appraisers to the board, while not
962	excluding other appraisers, the Governor shall give preference
963	to real estate appraisers who are not primarily engaged in real
964	estate brokerage or mortgage lending activities. One member of
965	the board must represent organizations that use appraisals for
966	the purpose of eminent domain proceedings, financial
967	transactions, or mortgage insurance. Two members of the board
968	shall be representatives of the general public and shall not be
969	connected in any way with the practice of real estate appraisal,
970	real estate brokerage, or mortgage lending. The appraiser
971	members shall be as representative of the entire industry as
972	possible, and membership in a nationally recognized or state-
973	recognized appraisal organization shall not be a prerequisite to
974	membership on the board. To the extent possible, no more than
975	two members of the board shall be primarily affiliated with any
976	one particular national or state appraisal association. Two of
977	the members must be licensed or certified residential real
978	estate appraisers and two of the members must be certified
979	general real estate appraisers at the time of their appointment.
980	(a)  Members of the board shall be appointed for 4-year
981	terms. Any vacancy occurring in the membership of the board
982	shall be filled by appointment by the Governor for the unexpired
983	term. Upon expiration of her or his term, a member of the board
984	shall continue to hold office until the appointment and
985	qualification of the member's successor. A member may not be
986	appointed for more than two consecutive terms. The Governor may
987	remove any member for cause.
988	(b)  The headquarters for the board shall be in Orlando.
989	(c)  The board shall meet at least once each calendar
990	quarter to conduct its business.
991	(d)  The members of the board shall elect a chairperson at
992	the first meeting each year.
993	(e)  Each member of the board is entitled to per diem and
994	travel expenses as set by legislative appropriation for each day
995	that the member engages in the business of the board.
996	Section 33.  Subsections (4) through (8) of section
997	477.019, Florida Statutes, are renumbered as subsections (3)
998	through (7), respectively, and paragraph (c) of subsection (2)
999	and present subsection (3) of that section are amended to read:
1000	477.019  Cosmetologists; qualifications; licensure;
1001	supervised practice; license renewal; endorsement; continuing
1002	education.-
1003	(2)  An applicant shall be eligible for licensure by
1004	examination to practice cosmetology if the applicant:
1005	(c)1.  Is authorized to practice cosmetology in another
1006	state or country, has been so authorized for at least 1 year,
1007	and does not qualify for licensure by endorsement as provided
1008	for in subsection (5) (6); or
1009	2.  Has received a minimum of 1,200 hours of training as
1010	established by the board, which shall include, but shall not be
1011	limited to, the equivalent of completion of services directly
1012	related to the practice of cosmetology at one of the following:
1013	a.  A school of cosmetology licensed pursuant to chapter
1014	1005.
1015	b.  A cosmetology program within the public school system.
1016	c.  The Cosmetology Division of the Florida School for the
1017	Deaf and the Blind, provided the division meets the standards of
1018	this chapter.
1019	d.  A government-operated cosmetology program in this
1020	state.
1021
1022	The board shall establish by rule procedures whereby the school
1023	or program may certify that a person is qualified to take the
1024	required examination after the completion of a minimum of 1,000
1025	actual school hours. If the person then passes the examination,
1026	he or she shall have satisfied this requirement; but if the
1027	person fails the examination, he or she shall not be qualified
1028	to take the examination again until the completion of the full
1029	requirements provided by this section.
1030	(3)  An application for the licensure examination for any
1031	license under this section may be submitted for examination
1032	approval in the last 100 hours of training by a pregraduate of a
1033	licensed cosmetology school or a program within the public
1034	school system, which school or program is certified by the
1035	Department of Education with fees as required in paragraph
1036	(2)(b). Upon approval, the applicant may schedule the
1037	examination on a date when the training hours are completed. An
1038	applicant shall have 6 months from the date of approval to take
1039	the examination. After the 6 months have passed, if the
1040	applicant failed to take the examination, the applicant must
1041	reapply. The board shall establish by rule the procedures for
1042	the pregraduate application process.
1043	Section 34.  Subsection (4) of section 509.211, Florida
1044	Statutes, is amended to read:
1045	509.211  Safety regulations.-
1046	(4)  Every enclosed space or room that contains a boiler
1047	regulated under chapter 554 which is fired by the direct
1048	application of energy from the combustion of fuels and that is
1049	located in any portion of a public lodging establishment that
1050	also contains sleeping rooms shall be equipped with one or more
1051	carbon monoxide sensor devices that bear the label of a
1052	nationally recognized testing laboratory and have been tested
1053	and listed as complying with the most recent Underwriters
1054	Laboratories, Inc., Standard 2034, or its equivalent, unless it
1055	is determined that carbon monoxide hazards have otherwise been
1056	adequately mitigated as determined by the Division of State Fire
1057	Marshal of the Department of Financial Services. Such devices
1058	shall be integrated with the public lodging establishment's fire
1059	detection system. Any such installation or determination shall
1060	be made in accordance with rules adopted by the Division of
1061	State Fire Marshal.
1062	Section 35.  Section 548.076, Florida Statutes, is created
1063	to read:
1064	548.076  Cease and desist notices.-When the department has
1065	probable cause to believe that any person not licensed by the
1066	commission has violated any provision of this chapter, or any
1067	rule adopted pursuant thereto, the department may issue and
1068	deliver to such person a notice to cease and desist from such
1069	violation. The department shall issue and enforce such cease and
1070	desist notices in accordance with s. 455.228.
1071	Section 36.  Subsection (1) of section 561.17, Florida
1072	Statutes, is amended to read:
1073	561.17  License and registration applications; approved
1074	person.-
1075	(1)  Any person, before engaging in the business of
1076	manufacturing, bottling, distributing, selling, or in any way
1077	dealing in alcoholic beverages, shall file, with the district
1078	licensing personnel of the district of the division in which the
1079	place of business for which a license is sought is located, a
1080	sworn application in the format prescribed duplicate on forms
1081	provided to the district licensing personnel by the division.
1082	The applicant must be a legal or business entity, person, or
1083	persons and must include all persons, officers, shareholders,
1084	and directors of such legal or business entity that have a
1085	direct or indirect interest in the business seeking to be
1086	licensed under this part. However, the applicant does not
1087	include any person that derives revenue from the license solely
1088	through a contractual relationship with the licensee, the
1089	substance of which contractual relationship is not related to
1090	the control of the sale of alcoholic beverages. Before Prior to
1091	any application is being approved, the division may require the
1092	applicant to file a set of fingerprints on regular United States
1093	Department of Justice forms for herself or himself and for any
1094	person or persons interested directly or indirectly with the
1095	applicant in the business for which the license is being sought,
1096	when so required by the division. If the applicant or any person
1097	who is interested with the applicant either directly or
1098	indirectly in the business or who has a security interest in the
1099	license being sought or has a right to a percentage payment from
1100	the proceeds of the business, either by lease or otherwise, is
1101	not qualified, the division shall deny the application shall be
1102	denied by the division. However, any company regularly traded on
1103	a national securities exchange and not over the counter; any
1104	insurer, as defined in the Florida Insurance Code; or any bank
1105	or savings and loan association chartered by this state, another
1106	state, or the United States which has an interest, directly or
1107	indirectly, in an alcoholic beverage license is shall not be
1108	required to obtain the division's division approval of its
1109	officers, directors, or stockholders or any change of such
1110	positions or interests. A shopping center with five or more
1111	stores, one or more of which has an alcoholic beverage license
1112	and is required under a lease common to all shopping center
1113	tenants to pay no more than 10 percent of the gross proceeds of
1114	the business holding the license to the shopping center, is
1115	shall not be considered as having an interest, directly or
1116	indirectly, in the license.
1117	Section 37.  Paragraph (k) is added to subsection (2) of
1118	section 561.20, Florida Statutes, to read:
1119	561.20  Limitation upon number of licenses issued.-
1120	(2)
1121	(k)1.  In addition to any special licenses issued under the
1122	Beverage Law, the division may issue a special license for
1123	consumption on the premises only to a movie theater that has at
1124	least five operating screens, which show first-run feature films
1125	that open on the scheduled national release dates, and that:
1126	a.  Holds a seating license issued by the Division of
1127	Hotels and Restaurants under chapter 509.
1128	b.  Derives at least 51 percent of its gross revenues from
1129	the sale of theater tickets, food, and nonalcoholic beverages.
1130	c.  Prepares on premises and serves full course and
1131	multicourse meals, including appetizers, entrees with side
1132	dishes, and desserts, but that does not include prepackaged
1133	meals that are heated and served, to at least 200 patrons in
1134	seats at tables, seats equipped with a tray or table top, or
1135	seats at a food service counter, each of which must accommodate
1136	a full course or multicourse meal for a seat to be counted.
1137	d.  Offers food service at all times when alcoholic
1138	beverages are offered for sale.
1139	2.  Notwithstanding any other law, a licensee under this
1140	paragraph may only sell or serve alcoholic beverages for
1141	consumption on premises in areas designated for the service of
1142	such full course or multicourse meals, and at such seats, as
1143	described in sub-subparagraph 1.c.
1144	3.  The sale of alcoholic beverages may not occur during
1145	any day more than 1 hour before the start of the first show and
1146	more than 1 hour after the end of the final show.
1147	4.  Regardless of the counties in which a licensee operates
1148	under this paragraph, the licensee must pay the annual state
1149	license tax set forth in s. 565.02(1)(b).
1150	5.  A licensee under this paragraph must keep all records
1151	required by the department by rule for 3 years.
1152	Section 38.  Paragraph (a) of subsection (3) of section
1153	561.32, Florida Statutes, is amended to read:
1154	561.32  Transfer of licenses; change of officers or
1155	directors; transfer of interest.-
1156	(3)(a)  Before the issuance of any transfer of license
1157	herein provided, the transferee shall pay a transfer fee of 10
1158	percent of the annual license tax to the division, except for
1159	those licenses issued pursuant to s. 565.02(1) and subject to
1160	the limitation imposed in s. 561.20(1), for which the transfer
1161	fee shall be assessed on the average annual value of gross sales
1162	of alcoholic beverages for the 3 years immediately preceding
1163	transfer and levied at the rate of 4 mills, except that such
1164	transfer fee shall not exceed $5,000; in lieu of the 4-mill
1165	assessment, the transferor may elect to pay $5,000. Further, the
1166	maximum fee shall be applied with respect to any such license
1167	which has been inactive for the 3-year period. Records
1168	establishing the value of such gross sales shall accompany the
1169	application for transfer of the license, and falsification of
1170	such records shall be punishable as provided in s. 562.45. All
1171	transfer fees collected by the division on the transfer of
1172	licenses issued pursuant to s. 565.02(1) and subject to the
1173	limitation imposed in s. 561.20(1) shall be returned by the
1174	division to the municipality in which such transferred license
1175	is operated or, if operated in the unincorporated area of the
1176	county, to the county in which such transferred license is
1177	operated.
1178	Section 39.  For the purpose of incorporating the amendment
1179	made by this act to section 455.227, Florida Statutes, in a
1180	reference thereto, paragraph (a) of subsection (2) of section
1181	468.436, Florida Statutes, is reenacted to read:
1182	468.436  Disciplinary proceedings.-
1183	(2)  The following acts constitute grounds for which the
1184	disciplinary actions in subsection (4) may be taken:
1185	(a)  Violation of any provision of s. 455.227(1).
1186	Section 40.  For the purpose of incorporating the amendment
1187	made by this act to section 455.227, Florida Statutes, in a
1188	reference thereto, paragraph (a) of subsection (1) of section
1189	468.832, Florida Statutes, is reenacted to read:
1190	468.832  Disciplinary proceedings.-
1191	(1)  The following acts constitute grounds for which the
1192	disciplinary actions in subsection (2) may be taken:
1193	(a)  Violation of any provision of this part or s.
1194	455.227(1);
1195	Section 41.  For the purpose of incorporating the amendment
1196	made by this act to section 455.227, Florida Statutes, in a
1197	reference thereto, paragraph (a) of subsection (1) of section
1198	468.842, Florida Statutes, is reenacted to read:
1199	468.842  Disciplinary proceedings.-
1200	(1)  The following acts constitute grounds for which the
1201	disciplinary actions in subsection (2) may be taken:
1202	(a)  Violation of any provision of this part or s.
1203	455.227(1);
1204	Section 42.  For the purpose of incorporating the amendment
1205	made by this act to section 455.227, Florida Statutes, in a
1206	reference thereto, paragraph (a) of subsection (1) of section
1207	471.033, Florida Statutes, is reenacted to read:
1208	471.033  Disciplinary proceedings.-
1209	(1)  The following acts constitute grounds for which the
1210	disciplinary actions in subsection (3) may be taken:
1211	(a)  Violating any provision of s. 455.227(1), s. 471.025,
1212	or s. 471.031, or any other provision of this chapter or rule of
1213	the board or department.
1214	Section 43.  For the purpose of incorporating the amendment
1215	made by this act to section 455.227, Florida Statutes, in a
1216	reference thereto, paragraph (a) of subsection (1) of section
1217	473.323, Florida Statutes, is reenacted to read:
1218	473.323  Disciplinary proceedings.-
1219	(1)  The following acts constitute grounds for which the
1220	disciplinary actions in subsection (3) may be taken:
1221	(a)  Violation of any provision of s. 455.227(1) or any
1222	other provision of this chapter.
1223	Section 44.  For the purpose of incorporating the amendment
1224	made by this act to section 455.227, Florida Statutes, in a
1225	reference thereto, paragraph (a) of subsection (1) of section
1226	475.25, Florida Statutes, is reenacted to read:
1227	475.25  Discipline.-
1228	(1)  The commission may deny an application for licensure,
1229	registration, or permit, or renewal thereof; may place a
1230	licensee, registrant, or permittee on probation; may suspend a
1231	license, registration, or permit for a period not exceeding 10
1232	years; may revoke a license, registration, or permit; may impose
1233	an administrative fine not to exceed $5,000 for each count or
1234	separate offense; and may issue a reprimand, and any or all of
1235	the foregoing, if it finds that the licensee, registrant,
1236	permittee, or applicant:
1237	(a)  Has violated any provision of s. 455.227(1) or s.
1238	475.42. However, licensees under this part are exempt from the
1239	provisions of s. 455.227(1)(i).
1240	Section 45.  For the purpose of incorporating the amendment
1241	made by this act to section 455.227, Florida Statutes, in a
1242	reference thereto, subsection (1) of section 475.624, Florida
1243	Statutes, is reenacted to read:
1244	475.624  Discipline.-The board may deny an application for
1245	registration or certification; may investigate the actions of
1246	any appraiser registered, licensed, or certified under this
1247	part; may reprimand or impose an administrative fine not to
1248	exceed $5,000 for each count or separate offense against any
1249	such appraiser; and may revoke or suspend, for a period not to
1250	exceed 10 years, the registration, license, or certification of
1251	any such appraiser, or place any such appraiser on probation, if
1252	it finds that the registered trainee, licensee, or
1253	certificateholder:
1254	(1)  Has violated any provisions of this part or s.
1255	455.227(1); however, certificateholders, registrants, and
1256	licensees under this part are exempt from the provisions of s.
1257	455.227(1)(i).
1258	Section 46.  For the purpose of incorporating the amendment
1259	made by this act to section 455.227, Florida Statutes, in a
1260	reference thereto, paragraph (h) of subsection (1) of section
1261	476.204, Florida Statutes, is reenacted to read:
1262	476.204  Penalties.-
1263	(1)  It is unlawful for any person to:
1264	(h)  Violate any provision of s. 455.227(1), s. 476.194, or
1265	s. 476.214.
1266	Section 47.  For the purpose of incorporating the amendment
1267	made by this act to section 455.227, Florida Statutes, in a
1268	reference thereto, paragraph (h) of subsection (1) of section
1269	477.029, Florida Statutes, is reenacted to read:
1270	477.029  Penalty.-
1271	(1)  It is unlawful for any person to:
1272	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
1273	or s. 477.028.
1274	Section 48.  For the purpose of incorporating the amendment
1275	made by this act to section 455.227, Florida Statutes, in a
1276	reference thereto, paragraph (a) of subsection (1) of section
1277	481.225, Florida Statutes, is reenacted to read:
1278	481.225  Disciplinary proceedings against registered
1279	architects.-
1280	(1)  The following acts constitute grounds for which the
1281	disciplinary actions in subsection (3) may be taken:
1282	(a)  Violating any provision of s. 455.227(1), s. 481.221,
1283	or s. 481.223, or any rule of the board or department lawfully
1284	adopted pursuant to this part or chapter 455.
1285	Section 49.  For the purpose of incorporating the amendment
1286	made by this act to section 455.227, Florida Statutes, in a
1287	reference thereto, paragraph (a) of subsection (1) of section
1288	481.325, Florida Statutes, is reenacted to read:
1289	481.325  Disciplinary proceedings.-
1290	(1)  The following acts constitute grounds for which the
1291	disciplinary actions in subsection (3) may be taken:
1292	(a)  Violation of any provision of s. 455.227(1), s.
1293	481.321, or s. 481.323.
1294	Section 50.  For the purpose of incorporating the amendment
1295	made by this act to section 468.832, Florida Statutes, in a
1296	reference thereto, subsection (2) of section 468.8314, Florida
1297	Statutes, is reenacted to read:
1298	468.8314  Licensure.-
1299	(2)  The department shall certify for licensure any
1300	applicant who satisfies the requirements of s. 468.8313 and who
1301	has passed the licensing examination. The department may refuse
1302	to certify any applicant who has violated any of the provisions
1303	of s. 468.832.
1304	Section 51.  This act shall take effect July 1, 2010.

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