CS/CS/HB 713

1	A bill to be entitled
2	An act relating to the Department of Business and
3	Professional Regulation; amending s. 20.165, F.S.;
4	assigning certain programs to regulation by the
5	department's Division of Professions; 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. 322.142, F.S.; authorizing the Department of
9	Highway Safety and Motor Vehicles to issue reproductions
10	of driver's licenses to the Department Business and
11	Professional Regulation pursuant to an interagency
12	agreement for a specified purpose; amending s. 455.02,
13	F.S.; authorizing the temporary professional licensure of
14	the spouses of active duty members of the United States
15	Armed Forces under certain circumstances; providing
16	application requirements; requiring criminal history
17	checks and fees; creating s. 455.2122, F.S.; authorizing
18	distance learning courses to satisfy certain licensing
19	education requirements for community association managers
20	and real estate brokers and sales associates; prohibiting
21	requirements for centralized examinations to complete such
22	education requirements; amending s. 455.2123, F.S.;
23	authorizing distance learning courses to satisfy certain
24	continuing education requirements for community
25	association managers, home inspectors, mold assessors and
26	remediators, and real estate brokers, sales associates,
27	and appraisers; prohibiting requirements for centralized
28	examinations to complete such education requirements;
29	amending s. 455.213, F.S.; requiring a licensee to
30	surrender his or her license under certain circumstances;
31	amending s. 455.217, F.S.; revising the departmental unit
32	responsible for administration of certain examinations;
33	limiting an applicant's review of failed examination
34	questions; amending s. 455.2175, F.S.; prohibiting an
35	examinee whose examination materials are confiscated from
36	taking another examination under certain circumstances;
37	repealing s. 455.2226, F.S., relating to continuing
38	education courses on HIV and AIDS required for licensees
39	and certificateholders under the Florida Funeral,
40	Cemetery, and Consumer Services Act; amending s. 455.227,
41	F.S.; revising grounds for the discipline of professional
42	licensees; providing penalties; amending s. 455.228, F.S.;
43	revising terminology for cease and desist notices;
44	amending s. 455.275, F.S.; providing for the service of
45	administrative complaints on certain licensees and
46	publication of certain notices; amending s. 468.83, F.S.;
47	creating the home inspection services licensing program
48	within the department; amending s. 468.8311, F.S.;
49	revising the definition of the term "home inspection
50	services" for purposes of provisions regulating home
51	inspectors; amending s. 468.8312, F.S.; deleting limits on
52	fees for certificates of authorization to conform to
53	changes made by the act; amending s. 468.8313, F.S.;
54	requiring home inspector license applicants to satisfy
55	certain examination requirements before application for
56	licensure; requiring criminal history checks and fees;
57	amending s. 468.8318, F.S.; deleting requirements for
58	certificates of authorization for corporations or
59	partnerships offering home inspection services; amending
60	s. 468.8319, F.S.; prohibiting certain acts relating to
61	home inspection services; delaying implementation of
62	certain prohibited acts; providing penalties; exempting
63	from punishment certain unlicensed activity occurring
64	before a specified date; amending s. 468.832, F.S.;
65	providing an additional ground for discipline of licensed
66	home inspectors; amending s. 468.8324, F.S.; extending the
67	time for licensure of home inspectors under certain
68	grandfather provisions; revising the licensing criteria
69	for such provisions; authorizing the department to
70	investigate the validity of home inspection reports
71	submitted for licensure under the grandfather provisions;
72	providing penalties for the submission of false reports;
73	creating s. 468.8325, F.S.; requiring the department to
74	adopt rules; amending s. 468.84, F.S.; creating the mold-
75	related services licensing program within the department;
76	amending s. 468.8412, F.S.; deleting limits on fees for
77	certificates of authorization to conform to changes made
78	by the act; amending s. 468.8413, F.S.; requiring mold
79	assessor and mold remediator license applicants to satisfy
80	certain examination requirements before application for
81	licensure; revising the educational requirements for
82	licensure as a mold assessor or mold remediator; requiring
83	criminal history checks and fees; amending s. 468.8414,
84	F.S.; specifying that certain insurance coverage is
85	required for licensure by endorsement; amending s.
86	468.8418, F.S.; deleting requirements for certificates of
87	authorization for corporations or partnerships offering
88	mold-related services; amending s. 468.8419, F.S.;
89	prohibiting certain acts relating to mold assessment and
90	remediation; delaying implementation of certain prohibited
91	acts; providing penalties; exempting from punishment
92	certain unlicensed activity occurring before a specified
93	date; amending s. 468.842, F.S.; providing an additional
94	ground for discipline of licensed mold assessors and mold
95	remediators; amending s. 468.8421, F.S.; revising
96	insurance coverage requirements for mold assessors;
97	amending s. 468.8423, F.S.; extending the time for
98	licensure of mold assessors and mold remediators under
99	certain grandfather provisions; revising the licensing
100	criteria for such provisions; authorizing the department
101	to investigate the validity of mold assessments and
102	remediation invoices submitted for licensure under the
103	grandfather provisions; providing penalties for the
104	submission of false assessments or invoices; creating s.
105	468.8424, F.S.; requiring the department to adopt rules;
106	amending s. 474.203, F.S.; revising certain exemptions
107	from regulation of veterinary medical practice; amending
108	s. 475.02, F.S.; authorizing certain members of the
109	Florida Real Estate Commission to offer, conduct, and
110	teach courses prescribed or approved by the commission or
111	the department; amending s. 475.175, F.S.; revising the
112	application and fingerprint requirements for real estate
113	broker and sales associate licenses; deleting a
114	requirement that license applicants provide fingerprints
115	in an electronic format; amending s. 475.613, F.S.;
116	revising qualifications of members of the Florida Real
117	Estate Appraisal Board; authorizing certain board members
118	to offer, conduct, and teach courses prescribed or
119	approved by the board or the department; amending s.
120	477.019, F.S.; deleting time limits for cosmetology
121	license applicants to take the licensure examination;
122	conforming a cross-reference; amending s. 509.211, F.S.;
123	assigning responsibility for the regulation of carbon
124	monoxide hazards in certain public lodging establishments
125	to the Division of State Fire Marshal of the Department of
126	Financial Services; creating s. 548.076, F.S.; authorizing
127	the Department of Business and Professional Regulation to
128	issue and enforce notices to cease and desist from
129	violations of provisions regulating pugilistic
130	exhibitions; providing penalties; amending s. 561.17,
131	F.S.; revising application requirements for alcoholic
132	beverage licenses; reenacting ss. 468.436(2)(a),
133	468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
134	473.323(1)(a), 475.25(1)(a), 475.624(1), 476.204(1)(h),
135	477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
136	relating to disciplinary proceedings for community
137	association managers, home inspectors, mold assessors,
138	mold remediators, engineers, certified public accountants,
139	real estate brokers and sales associates, real estate
140	appraisers, barbers, cosmetologists, architects, and
141	landscape architects, to incorporate the amendment made to
142	s. 455.227, F.S., in references thereto; reenacting s.
143	468.8314(2), F.S., relating to the licensure of home
144	inspectors, to incorporate the amendment made to s.
145	468.832, F.S., in a reference thereto; providing an
146	effective date.
147
148	Be It Enacted by the Legislature of the State of Florida:
149
150	Section 1.  Subsection (4) of section 20.165, Florida
151	Statutes, is amended to read:
152	20.165  Department of Business and Professional
153	Regulation.-There is created a Department of Business and
154	Professional Regulation.
155	(4)(a)  The following boards and programs are established
156	within the Division of Professions:
157	1.  Board of Architecture and Interior Design, created
158	under part I of chapter 481.
159	2.  Florida Board of Auctioneers, created under part VI of
160	chapter 468.
161	3.  Barbers' Board, created under chapter 476.
162	4.  Florida Building Code Administrators and Inspectors
163	Board, created under part XII of chapter 468.
164	5.  Construction Industry Licensing Board, created under
165	part I of chapter 489.
166	6.  Board of Cosmetology, created under chapter 477.
167	7.  Electrical Contractors' Licensing Board, created under
168	part II of chapter 489.
169	8.  Board of Employee Leasing Companies, created under part
170	XI of chapter 468.
171	9.  Board of Landscape Architecture, created under part II
172	of chapter 481.
173	10.  Board of Pilot Commissioners, created under chapter
174	310.
175	11.  Board of Professional Engineers, created under chapter
176	471.
177	12.  Board of Professional Geologists, created under
178	chapter 492.
179	13.  Board of Veterinary Medicine, created under chapter
180	474.
181	14.  Home inspection services licensing program, created
182	under part XV of chapter 468.
183	15.  Mold-related services licensing program, created under
184	part XVI of chapter 468.
185	(b)  The following board and commission are established
186	within the Division of Real Estate:
187	1.  Florida Real Estate Appraisal Board, created under part
188	II of chapter 475.
189	2.  Florida Real Estate Commission, created under part I of
190	chapter 475.
191	(c)  The following board is established within the Division
192	of Certified Public Accounting:
193	1.  Board of Accountancy, created under chapter 473.
194	Section 2.  Subsection (2) of section 215.37, Florida
195	Statutes, is amended to read:
196	215.37  Department of Business and Professional Regulation
197	and the boards to be financed from fees collected; deposit of
198	funds; service charge; appropriation.-
199	(2)  The regulation by the department of professions, as
200	defined in s. 455.01 chapter 455, by the department shall be
201	financed solely from revenue collected by it from fees and other
202	charges and deposited in the Professional Regulation Trust Fund,
203	and all such revenue is hereby appropriated to the department.
204	However, it is legislative intent that each profession shall
205	operate within its anticipated fees.
206	Section 3.  Subsection (4) of section 322.142, Florida
207	Statutes, is amended to read:
208	322.142  Color photographic or digital imaged licenses.-
209	(4)  The department may maintain a film negative or print
210	file. The department shall maintain a record of the digital
211	image and signature of the licensees, together with other data
212	required by the department for identification and retrieval.
213	Reproductions from the file or digital record are exempt from
214	the provisions of s. 119.07(1) and shall be made and issued only
215	for departmental administrative purposes; for the issuance of
216	duplicate licenses; in response to law enforcement agency
217	requests; to the Department of Business and Professional
218	Regulation pursuant to an interagency agreement for the purpose
219	of accessing digital images for reproduction of licenses issued
220	by the Department of Business and Professional Regulation; to
221	the Department of State pursuant to an interagency agreement to
222	facilitate determinations of eligibility of voter registration
223	applicants and registered voters in accordance with ss. 98.045
224	and 98.075; to the Department of Revenue pursuant to an
225	interagency agreement for use in establishing paternity and
226	establishing, modifying, or enforcing support obligations in
227	Title IV-D cases; to the Department of Children and Family
228	Services pursuant to an interagency agreement to conduct
229	protective investigations under part III of chapter 39; or to
230	the Department of Financial Services pursuant to an interagency
231	agreement to facilitate the location of owners of unclaimed
232	property, the validation of unclaimed property claims, and the
233	identification of fraudulent or false claims.
234	Section 4.  Section 455.017, Florida Statutes, is amended
235	to read:
236	455.017  Applicability of this chapter.-The provisions of
237	This chapter applies apply only to the regulation by the
238	department of professions by the department.
239	Section 5.  Section 455.02, Florida Statutes, is amended to
240	read:
241	455.02  Licensure of members of the Armed Forces in good
242	standing with administrative boards and their spouses.-
243	(1)  Any member of the Armed Forces of the United States
244	now or hereafter on active duty who, at the time of becoming
245	such a member, was in good standing with any administrative
246	board of the state and was entitled to practice or engage in his
247	or her profession or vocation in the state shall be kept in good
248	standing by such administrative board, without registering,
249	paying dues or fees, or performing any other act on his or her
250	part to be performed, as long as he or she is a member of the
251	Armed Forces of the United States on active duty and for a
252	period of 6 months after discharge from active duty as a member
253	of the Armed Forces of the United States, if provided he or she
254	is not engaged in his or her licensed profession or vocation in
255	the private sector for profit.
256	(2)  The boards listed in s. 20.165 shall adopt promulgate
257	rules that exempt exempting the spouse spouses of a member
258	members of the Armed Forces of the United States from licensure
259	renewal provisions, but only in cases of his or her absence from
260	the state because of his or her spouse's their spouses' duties
261	with the Armed Forces.
262	(3)(a)  The department may issue a temporary professional
263	license to the spouse of an active duty member of the Armed
264	Forces of the United States if the spouse applies to the
265	department in the format prescribed by the department. An
266	application must include:
267	1.  Proof that the applicant is married to a member of the
268	Armed Forces of the United States who is on active duty.
269	2.  Proof that the applicant holds a valid license for the
270	profession issued by another state, the District of Columbia,
271	any possession or territory of the United States, or any foreign
272	jurisdiction.
273	3.  Proof that the applicant's spouse is assigned to a duty
274	station in this state and that the applicant is also assigned to
275	a duty station in this state pursuant to the member's official
276	active duty military orders.
277	4.  Proof that a complete set of the applicant's
278	fingerprints are submitted to the Department of Law Enforcement
279	for a statewide criminal history check. The Department of Law
280	Enforcement shall forward the fingerprints to the Federal Bureau
281	of Investigation for a national criminal history check. The
282	department shall, and the board may, review the results of the
283	criminal history checks according to the level 2 screening
284	standards in s. 435.04 and determine whether the applicant meets
285	the licensure requirements. The costs of fingerprint processing
286	shall be borne by the applicant. If the applicant's fingerprints
287	are submitted through an authorized agency or vendor, the agency
288	or vendor shall collect the required processing fees and remit
289	the fees to the Department of Law Enforcement.
290	(b)  An application must be accompanied by an application
291	fee prescribed by the department that is sufficient to cover the
292	cost of issuance of the temporary license.
293	(c)  A temporary license expires 6 months after the date of
294	issuance and is not renewable.
295	Section 6.  Section 455.2122, Florida Statutes, is created
296	to read:
297	455.2122  Education.-A board, or the department when there
298	is no board, shall approve distance learning courses as an
299	alternative to classroom courses to satisfy prelicensure or
300	postlicensure education requirements in part VIII of chapter 468
301	or part I of chapter 475. A board, or the department when there
302	is no board, may not require centralized examinations for
303	completion of prelicensure or postlicensure education
304	requirements for professions licensed under part VIII of chapter
305	468 or part I of chapter 475.
306	Section 7.  Section 455.2123, Florida Statutes, is amended
307	to read:
308	455.2123  Continuing education.-A board, or the department
309	when there is no board, may provide by rule that distance
310	learning may be used to satisfy continuing education
311	requirements. A board, or the department when there is no board,
312	shall approve distance learning courses as an alternative to
313	classroom courses to satisfy continuing education requirements
314	in part VIII, part XV, or part XVI of chapter 468 or part I or
315	part II of chapter 475 and may not require centralized
316	examinations for completion of continuing education requirements
317	for the professions licensed under part VIII, part XV, or part
318	XVI of chapter 468 or part I or part II of chapter 475.
319	Section 8.  Subsection (2) of section 455.213, Florida
320	Statutes, is amended to read:
321	455.213  General licensing provisions.-
322	(2)  Before the issuance of any license, the department may
323	charge an initial license fee as determined by rule of the
324	applicable board or, if no such board exists, by rule of the
325	department. Upon receipt of the appropriate license fee, except
326	as provided in subsection (3), the department shall issue a
327	license to any person certified by the appropriate board, or its
328	designee, or the department when there is no board, as having
329	met the applicable requirements imposed by law or rule. However,
330	an applicant who is not otherwise qualified for licensure is not
331	entitled to licensure solely based on a passing score on a
332	required examination. Upon a determination by the department
333	that it erroneously issued a license, or upon the revocation of
334	a license by the applicable board, or by the department when
335	there is no board, the licensee must surrender his or her
336	license to the department.
337	Section 9.  Subsections (1) and (3) of section 455.217,
338	Florida Statutes, are amended to read:
339	455.217  Examinations.-This section shall be read in
340	conjunction with the appropriate practice act associated with
341	each regulated profession under this chapter.
342	(1)  The Division of Professions Service Operations of the
343	Department of Business and Professional Regulation shall
344	provide, contract, or approve services for the development,
345	preparation, administration, scoring, score reporting, and
346	evaluation of all examinations. The division shall seek the
347	advice of the appropriate board in providing such services.
348	(a)  The department, acting in conjunction with the
349	Division of Service Operations, the Division of Professions, and
350	the Division of Real Estate, as appropriate, shall ensure that
351	examinations adequately and reliably measure an applicant's
352	ability to practice the profession regulated by the department.
353	After an examination developed or approved by the department has
354	been administered, the board or department may reject any
355	question which does not reliably measure the general areas of
356	competency specified in the rules of the board or department,
357	when there is no board. The department shall use qualified
358	outside testing vendors for the development, preparation, and
359	evaluation of examinations, when such services are economically
360	and viably available and approved by the department.
361	(b)  For each examination developed by the department or
362	contracted vendor, to the extent not otherwise specified by
363	statute, the board or the department when there is no board,
364	shall by rule specify the general areas of competency to be
365	covered by the examination, the relative weight to be assigned
366	in grading each area tested, the score necessary to achieve a
367	passing grade, and the fees, where applicable, to cover the
368	actual cost for any purchase, development, and administration of
369	the required examination. However, statutory fee caps in each
370	practice act shall apply. This subsection does not apply to
371	national examinations approved and administered pursuant to
372	paragraph (d).
373	(c)  If a practical examination is deemed to be necessary,
374	rules shall specify the criteria by which examiners are to be
375	selected, the grading criteria to be used by the examiner, the
376	relative weight to be assigned in grading each criterion, and
377	the score necessary to achieve a passing grade. When a mandatory
378	standardization exercise for a practical examination is required
379	by law, the board may conduct such exercise. Therefore, board
380	members may serve as examiners at a practical examination with
381	the consent of the board.
382	(d)  A board, or the department when there is no board, may
383	approve by rule the use of any national examination which the
384	department has certified as meeting requirements of national
385	examinations and generally accepted testing standards pursuant
386	to department rules. Providers of examinations, which may be
387	either profit or nonprofit entities, seeking certification by
388	the department shall pay the actual costs incurred by the
389	department in making a determination regarding the
390	certification. The department shall use any national examination
391	which is available, certified by the department, and approved by
392	the board. The name and number of a candidate may be provided to
393	a national contractor for the limited purpose of preparing the
394	grade tape and information to be returned to the board or
395	department or, to the extent otherwise specified by rule, the
396	candidate may apply directly to the vendor of the national
397	examination. The department may delegate to the board the duty
398	to provide and administer the examination. Any national
399	examination approved by a board, or the department when there is
400	no board, prior to October 1, 1997, is deemed certified under
401	this paragraph. Any licensing or certification examination that
402	is not developed or administered by the department in-house or
403	provided as a national examination shall be competitively bid.
404	(e)  The department shall adopt rules regarding the
405	security and monitoring of examinations. In order to maintain
406	the security of examinations, the department may employ the
407	procedures set forth in s. 455.228 to seek fines and injunctive
408	relief against an examinee who violates the provisions of s.
409	455.2175 or the rules adopted pursuant to this paragraph. The
410	department, or any agent thereof, may, for the purposes of
411	investigation, confiscate any written, photographic, or
412	recording material or device in the possession of the examinee
413	at the examination site which the department deems necessary to
414	enforce such provisions or rules.
415	(f)  If the professional board with jurisdiction over an
416	examination concurs, the department may, for a fee, share with
417	any other state's licensing authority an examination developed
418	by or for the department unless prohibited by a contract entered
419	into by the department for development or purchase of the
420	examination. The department, with the concurrence of the
421	appropriate board, shall establish guidelines that ensure
422	security of a shared exam and shall require that any other
423	state's licensing authority comply with those guidelines. Those
424	guidelines shall be approved by the appropriate professional
425	board. All fees paid by the user shall be applied to the
426	department's examination and development program for professions
427	regulated by this chapter. All fees paid by the user for
428	professions not regulated by this chapter shall be applied to
429	offset the fees for the development and administration of that
430	profession's examination. If both a written and a practical
431	examination are given, an applicant shall be required to retake
432	only the portion of the examination for which he or she failed
433	to achieve a passing grade, if he or she successfully passes
434	that portion within a reasonable time of his or her passing the
435	other portion.
436	(3)  Except for national examinations approved and
437	administered pursuant to paragraph (1)(d), the department shall
438	provide procedures for applicants who have taken and failed an
439	examination developed by the department or a contracted vendor
440	to review their most recently administered examination
441	questions, answers, papers, grades, and grading key for the
442	questions the candidate answered incorrectly or, if not
443	feasible, the parts of the examination failed. Applicants shall
444	bear the actual cost for the department to provide examination
445	review pursuant to this subsection. An applicant may waive in
446	writing the confidentiality of his or her examination grades.
447	Section 10.  Section 455.2175, Florida Statutes, is amended
448	to read:
449	455.2175  Penalty for theft or reproduction of an
450	examination.-In addition to, or in lieu of, any other discipline
451	imposed pursuant to s. 455.227, the theft of an examination in
452	whole or in part or the act of reproducing or copying any
453	examination administered by the department, whether such
454	examination is reproduced or copied in part or in whole and by
455	any means, constitutes a felony of the third degree, punishable
456	as provided in s. 775.082, s. 775.083, or s. 775.084. An
457	examinee whose examination materials are confiscated is not
458	permitted to take another examination until the criminal
459	investigation reveals that the examinee did not violate this
460	section.
461	Section 11.  Section 455.2226, Florida Statutes, is
462	repealed.
463	Section 12.  Paragraph (c) of subsection (1) of section
464	455.227, Florida Statutes, is amended to read:
465	455.227  Grounds for discipline; penalties; enforcement.-
466	(1)  The following acts shall constitute grounds for which
467	the disciplinary actions specified in subsection (2) may be
468	taken:
469	(c)  Being convicted or found guilty of, or entering a plea
470	of guilty or nolo contendere to, regardless of adjudication, a
471	crime in any jurisdiction which relates to the practice of, or
472	the ability to practice, a licensee's profession.
473	Section 13.  Subsection (1) of section 455.228, Florida
474	Statutes, is amended to read:
475	455.228  Unlicensed practice of a profession; cease and
476	desist notice; civil penalty; enforcement; citations; allocation
477	of moneys collected.-
478	(1)  When the department has probable cause to believe that
479	any person not licensed by the department, or the appropriate
480	regulatory board within the department, has violated any
481	provision of this chapter or any statute that relates to the
482	practice of a profession regulated by the department, or any
483	rule adopted pursuant thereto, the department may issue and
484	deliver to such person a notice to cease and desist from such
485	violation. In addition, the department may issue and deliver a
486	notice to cease and desist to any person who aids and abets the
487	unlicensed practice of a profession by employing such unlicensed
488	person. The issuance of a notice to cease and desist shall not
489	constitute agency action for which a hearing under ss. 120.569
490	and 120.57 may be sought. For the purpose of enforcing a cease
491	and desist notice order, the department may file a proceeding in
492	the name of the state seeking issuance of an injunction or a
493	writ of mandamus against any person who violates any provisions
494	of such notice order. In addition to the foregoing remedies, the
495	department may impose an administrative penalty not to exceed
496	$5,000 per incident pursuant to the provisions of chapter 120 or
497	may issue a citation pursuant to the provisions of subsection
498	(3). If the department is required to seek enforcement of the
499	notice order for a penalty pursuant to s. 120.569, it shall be
500	entitled to collect its attorney's fees and costs, together with
501	any cost of collection.
502	Section 14.  Subsection (3) is added to section 455.275,
503	Florida Statutes, to read:
504	455.275  Address of record.-
505	(3)(a)  Notwithstanding any provision of law, when an
506	administrative complaint is served on a licensee of the
507	department, the department shall provide service by regular mail
508	to the licensee's last known address of record, by certified
509	mail to the last known address of record, and, if possible, by
510	e-mail.
511	(b)  If service, as provided in paragraph (a), does not
512	provide the department with proof of service, the department
513	shall call the last known telephone number of record and cause a
514	short, plain notice to the licensee to be published once each
515	week for 4 consecutive weeks in a newspaper published in the
516	county of the licensee's last known address of record. If a
517	newspaper is not published in the county, the administrative
518	complaint may be published in a newspaper of general circulation
519	in the county. If the licensee's last known address is located
520	in another state or in a foreign jurisdiction, the
521	administrative complaint may be published in Leon County
522	pursuant to s. 120.60(5).
523	Section 15.  Section 468.83, Florida Statutes, is amended
524	to read:
525	468.83  Home inspection services licensing program;
526	purpose.-
527	(1)  There is created within the department the home
528	inspection services licensing program.
529	(2)  The Legislature recognizes that there is a need to
530	require the licensing of home inspectors and to ensure that
531	consumers of home inspection services can rely on the competence
532	of home inspectors, as determined by educational and experience
533	requirements and testing. Therefore, the Legislature deems it
534	necessary in the interest of the public welfare to regulate home
535	inspectors in this state.
536	Section 16.  Subsection (4) of section 468.8311, Florida
537	Statutes, is amended to read:
538	468.8311  Definitions.-As used in this part, the term:
539	(4)  "Home inspection services" means a limited visual
540	examination of one or more of the following readily accessible
541	installed systems and components of a home: the structure,
542	electrical system, HVAC system, roof covering, plumbing system,
543	interior components, exterior components, and site conditions
544	that affect the structure, for the purposes of providing a
545	written professional opinion of the condition of the home.
546	Section 17.  Subsections (5) through (8) of section
547	468.8312, Florida Statutes, are renumbered as subsections (4)
548	through (7), respectively, and present subsection (4) of that
549	section is amended to read:
550	468.8312  Fees.-
551	(4)  The fee for a certificate of authorization shall not
552	exceed $125.
553	Section 18.  Subsections (1) and (2) of section 468.8313,
554	Florida Statutes, are amended, and paragraph (d) is added to
555	subsection (5) of that section, to read:
556	468.8313  Examinations.-
557	(1)  A person desiring to be licensed as a home inspector
558	must shall apply to the department after satisfying the
559	examination requirements of this part to take a licensure
560	examination.
561	(2)  An applicant may shall be entitled to take the
562	licensure examination for the purpose of determining whether he
563	or she is qualified to practice in this state as a home
564	inspector if he or she passes the required examination, the
565	applicant is of good moral character, and completes has
566	completed a course of study of at least no less than 120 hours
567	that covers all of the following components of a home:
568	structure, electrical system, HVAC system, roof covering,
569	plumbing system, interior components, exterior components, and
570	site conditions that affect the structure.
571	(5)
572	(d)  An applicant for a license shall submit, together with
573	the application, a complete set of electronic fingerprints to
574	the department. The department shall submit the fingerprints to
575	the Department of Law Enforcement for state processing, and the
576	Department of Law Enforcement shall forward the fingerprints to
577	the Federal Bureau of Investigation for national processing, to
578	determine whether the applicant has a criminal history record.
579	The department shall review the background results to determine
580	whether the applicant meets licensure requirements. The
581	applicant is responsible for the costs associated with
582	processing the fingerprints. The authorized agencies or vendors
583	shall collect such fees and pay for the processing costs due to
584	the Department of Law Enforcement.
585	Section 19.  Section 468.8318, Florida Statutes, is amended
586	to read:
587	468.8318  Certification of corporations and partnerships.-
588	(1)  The department shall issue a certificate of
589	authorization to a corporation or partnership offering home
590	inspection services to the public if the corporation or
591	partnership satisfies all of the requirements of this part.
592	(2)  The practice of or the offer to practice home
593	inspection services by licensees through a corporation or
594	partnership offering home inspection services to the public, or
595	by a corporation or partnership offering such services to the
596	public through licensees under this part as agents, employees,
597	officers, or partners, is permitted subject to the provisions of
598	this part, provided that all personnel of the corporation or
599	partnership who act in its behalf as home inspectors in this
600	state are licensed as provided by this part; and further
601	provided that the corporation or partnership has been issued a
602	certificate of authorization by the department as provided in
603	this section. Nothing in this section shall be construed to
604	allow a corporation to hold a license to practice home
605	inspection services. No corporation or partnership shall be
606	relieved of responsibility for the conduct or acts of its
607	agents, employees, or officers by reason of its compliance with
608	this section, nor shall any individual practicing home
609	inspection services be relieved of responsibility for
610	professional services performed by reason of his or her
611	employment or relationship with a corporation or partnership.
612	(3)  For the purposes of this section, a certificate of
613	authorization shall be required for a corporation, partnership,
614	association, or person practicing under a fictitious name and
615	offering home inspection services to the public; however, when
616	an individual is practicing home inspection services in his or
617	her own given name, he or she shall not be required to register
618	under this section.
619	(4)  Each certificate of authorization shall be renewed
620	every 2 years. Each partnership and corporation certified under
621	this section shall notify the department within 1 month of any
622	change in the information contained in the application upon
623	which the certification is based.
624	(5)  Disciplinary action against a corporation or
625	partnership shall be administered in the same manner and on the
626	same grounds as disciplinary action against a licensed home
627	inspector.
628	Section 20.  Section 468.8319, Florida Statutes, is amended
629	to read:
630	468.8319  Prohibitions; penalties.-
631	(1)  A person home inspector, a company that employs a home
632	inspector, or a company that is controlled by a company that
633	also has a financial interest in a company employing a home
634	inspector may not:
635	(a)  Effective July 1, 2011, practice or offer to practice
636	home inspection services unless the person has complied with the
637	provisions of this part;
638	(b)  Effective July 1, 2011, use the name or title
639	"certified home inspector," "registered home inspector,"
640	"licensed home inspector," "home inspector," "professional home
641	inspector," or any combination thereof unless the person has
642	complied with the provisions of this part;
643	(c)  Present as his or her own the license of another;
644	(d)  Knowingly give false or forged evidence to the
645	department or an employee thereof;
646	(e)  Use or attempt to use a license that has been
647	suspended or revoked;
648	(f)  Perform or offer to perform, prior to closing, for any
649	additional fee, any repairs to a home on which the inspector or
650	the inspector's company has prepared a home inspection report.
651	This paragraph does not apply to a home warranty company that is
652	affiliated with or retains a home inspector to perform repairs
653	pursuant to a claim made under a home warranty contract;
654	(g)  Inspect for a fee any property in which the inspector
655	or the inspector's company has any financial or transfer
656	interest;
657	(h)  Offer or deliver any compensation, inducement, or
658	reward to any broker or agent therefor for the referral of the
659	owner of the inspected property to the inspector or the
660	inspection company; or
661	(i)  Accept an engagement to make an omission or prepare a
662	report in which the inspection itself, or the fee payable for
663	the inspection, is contingent upon either the conclusions in the
664	report, preestablished findings, or the close of escrow.
665	(2)  Any person who is found to be in violation of any
666	provision of this section commits a misdemeanor of the first
667	degree, punishable as provided in s. 775.082 or s. 775.083.
668	(3)  This section does not apply to unlicensed activity as
669	described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
670	that occurs before July 1, 2011.
671	Section 21.  Paragraph (j) is added to subsection (1) of
672	section 468.832, Florida Statutes, to read:
673	468.832  Disciplinary proceedings.-
674	(1)  The following acts constitute grounds for which the
675	disciplinary actions in subsection (2) may be taken:
676	(j)  Failing to meet any standard of practice adopted by
677	rule of the department.
678	Section 22.  Section 468.8324, Florida Statutes, is amended
679	to read:
680	468.8324  Grandfather clause.-
681	(1)  A person who performs home inspection services as
682	defined in this part may qualify for licensure to be licensed by
683	the department as a home inspector if the person submits his or
684	her application to the department by March 1, 2011, whether
685	postmarked or delivered by that date, and if the person: meets
686	the licensure requirements of this part by July 1, 2010.
687	(a)  Is certified as a home inspector by a state or
688	national association that requires, for such certification,
689	successful completion of a proctored examination on home
690	inspection services and completes at least 14 hours of
691	verifiable education on such services; or
692	(b)  At the time of application, has at least 3 years of
693	experience as a home inspector and completes at least 14 hours
694	of verifiable education on home inspection services. To
695	establish the 3 years of experience, an applicant must submit at
696	least 120 home inspection reports prepared by the applicant.
697	(2)  The department may investigate the validity of a home
698	inspection report submitted under paragraph (1)(b) and, if the
699	applicant submits a false report, may take disciplinary action
700	against the applicant under s. 468.832(1)(e) or (g).
701	(3)  An applicant may not qualify for licensure under this
702	section if he or she has had a home inspector license or a
703	license in any related field revoked at any time or suspended
704	within the previous 5 years or has been assessed a fine that
705	exceeds $500 within the previous 5 years. For purposes of this
706	subsection, a license in a related field includes, but is not
707	limited to, licensure in real estate, construction, mold-related
708	services, or building code administration or inspection.
709	(4)  An applicant for licensure under this section must
710	comply with the criminal history, good moral character, and
711	insurance requirements of this part.
712	Section 23.  Section 468.8325, Florida Statutes, is created
713	to read:
714	468.8325  Rulemaking authority.-The department shall adopt
715	rules to administer this part.
716	Section 24.  Section 468.84, Florida Statutes, is amended
717	to read:
718	468.84  Mold-related services licensing program;
719	legislative purpose.-
720	(1)  There is created within the department the mold-
721	related services licensing program.
722	(2)  The Legislature finds it necessary in the interest of
723	the public safety and welfare, to prevent damage to real and
724	personal property, to avert economic injury to the residents of
725	this state, and to regulate persons and companies that hold
726	themselves out to the public as qualified to perform mold-
727	related services.
728	Section 25.  Subsections (7) through (10) of section
729	468.8412, Florida Statutes, are renumbered as subsections (6)
730	through (9), respectively, and present subsection (6) of that
731	section is amended to read:
732	468.8412  Fees.-
733	(6)  The fee for a biennial certificate of authorization
734	renewal shall not exceed $400.
735	Section 26.  Subsections (1) and (2) of section 468.8413,
736	Florida Statutes, are amended, and paragraph (d) is added to
737	subsection (4) of that section, to read:
738	468.8413  Examinations.-
739	(1)  A person desiring to be licensed as a mold assessor or
740	mold remediator must shall apply to the department after
741	satisfying the examination requirements of this part to take a
742	licensure examination.
743	(2)  An applicant may shall be entitled to take the
744	licensure examination to practice in this state as a mold
745	assessor or mold remediator if he or she passes the required
746	examination, the applicant is of good moral character, and
747	completes has satisfied one of the following requirements:
748	(a)1.  For a mold remediator, at least a 2-year associate
749	of arts degree, or the equivalent, with at least 30 semester
750	hours in microbiology, engineering, architecture, industrial
751	hygiene, occupational safety, or a related field of science from
752	an accredited institution and a minimum of 1 year of documented
753	field experience in a field related to mold remediation; or
754	2.  A high school diploma or the equivalent with a minimum
755	of 4 years of documented field experience in a field related to
756	mold remediation.
757	(b)1.  For a mold assessor, at least a 2-year associate of
758	arts degree, or the equivalent, with at least 30 semester hours
759	in microbiology, engineering, architecture, industrial hygiene,
760	occupational safety, or a related field of science from an
761	accredited institution and a minimum of 1 year of documented
762	field experience in conducting microbial sampling or
763	investigations; or
764	2.  A high school diploma or the equivalent with a minimum
765	of 4 years of documented field experience in conducting
766	microbial sampling or investigations.
767	(4)
768	(d)  An applicant for a license shall submit, together with
769	the application, a complete set of electronic fingerprints to
770	the department. The department shall submit the fingerprints to
771	the Department of Law Enforcement for state processing, and the
772	Department of Law Enforcement shall forward the fingerprints to
773	the Federal Bureau of Investigation for national processing, to
774	determine whether the applicant has a criminal history record.
775	The department shall review the background results to determine
776	whether the applicant meets licensure requirements. The
777	applicant is responsible for the costs associated with
778	processing the fingerprints. The authorized agencies or vendors
779	shall collect such fees and pay for the processing costs due to
780	the Department of Law Enforcement.
781	Section 27.  Subsection (3) of section 468.8414, Florida
782	Statutes, is amended to read:
783	468.8414  Licensure.-
784	(3)  The department shall certify as qualified for a
785	license by endorsement an applicant who is of good moral
786	character, who has the insurance coverage required under s.
787	468.8421, and who:
788	(a)  Is qualified to take the examination as set forth in
789	s. 468.8413 and has passed a certification examination offered
790	by a nationally recognized organization that certifies persons
791	in the specialty of mold assessment or mold remediation that has
792	been approved by the department as substantially equivalent to
793	the requirements of this part and s. 455.217; or
794	(b)  Holds a valid license to practice mold assessment or
795	mold remediation issued by another state or territory of the
796	United States if the criteria for issuance of the license were
797	substantially the same as the licensure criteria that is
798	established by this part as determined by the department.
799	Section 28.  Section 468.8418, Florida Statutes, is amended
800	to read:
801	468.8418  Certification of partnerships and corporations.-
802	(1)  The department shall issue a certificate of
803	authorization to a corporation or partnership offering mold
804	assessment or mold remediation services to the public if the
805	corporation or partnership satisfies all of the requirements of
806	this part.
807	(2)  The practice of or the offer to practice mold
808	assessment or mold remediation by licensees through a
809	corporation or partnership offering mold assessment or mold
810	remediation to the public, or by a corporation or partnership
811	offering such services to the public through licensees under
812	this part as agents, employees, officers, or partners, is
813	permitted subject to the provisions of this part, provided that
814	the corporation or partnership has been issued a certificate of
815	authorization by the department as provided in this section.
816	Nothing in this section shall be construed to allow a
817	corporation to hold a license to practice mold assessment or
818	mold remediation. No corporation or partnership shall be
819	relieved of responsibility for the conduct or acts of its
820	agents, employees, or officers by reason of its compliance with
821	this section, nor shall any individual practicing mold
822	assessment or mold remediation be relieved of responsibility for
823	professional services performed by reason of his or her
824	employment or relationship with a corporation or partnership.
825	(3)  For the purposes of this section, a certificate of
826	authorization shall be required for a corporation, partnership,
827	association, or person practicing under a fictitious name,
828	offering mold assessment or mold remediation; however, when an
829	individual is practicing mold assessment or mold remediation
830	under his or her own given name, he or she shall not be required
831	to register under this section.
832	(4)  Each certificate of authorization shall be renewed
833	every 2 years. Each partnership and corporation certified under
834	this section shall notify the department within 1 month of any
835	change in the information contained in the application upon
836	which the certification is based.
837	(5)  Disciplinary action against a corporation or
838	partnership shall be administered in the same manner and on the
839	same grounds as disciplinary action against a licensed mold
840	assessor or mold remediator.
841	Section 29.  Section 468.8419, Florida Statutes, is amended
842	to read:
843	468.8419  Prohibitions; penalties.-
844	(1)  A person mold assessor, a company that employs a mold
845	assessor, or a company that is controlled by a company that also
846	has a financial interest in a company employing a mold assessor
847	may not:
848	(a)  Effective July 1, 2011, perform or offer to perform
849	any mold assessment unless the mold assessor has documented
850	training in water, mold, and respiratory protection under s.
851	468.8414(2).
852	(b)  Effective July 1, 2011, perform or offer to perform
853	any mold assessment unless the person has complied with the
854	provisions of this part.
855	(c)  Use the name or title "certified mold assessor,"
856	"registered mold assessor," "licensed mold assessor," "mold
857	assessor," "professional mold assessor," or any combination
858	thereof unless the person has complied with the provisions of
859	this part.
860	(d)  Perform or offer to perform any mold remediation to a
861	structure on which the mold assessor or the mold assessor's
862	company provided a mold assessment within the last 12 months.
863	(e)  Inspect for a fee any property in which the assessor
864	or the assessor's company has any financial or transfer
865	interest.
866	(f)  Accept any compensation, inducement, or reward from a
867	mold remediator or mold remediator's company for the referral of
868	any business to the mold remediator or the mold remediator's
869	company.
870	(g)  Offer any compensation, inducement, or reward to a
871	mold remediator or mold remediator's company for the referral of
872	any business from the mold remediator or the mold remediator's
873	company.
874	(h)  Accept an engagement to make an omission of the
875	assessment or conduct an assessment in which the assessment
876	itself, or the fee payable for the assessment, is contingent
877	upon the conclusions of the assessment.
878	(2)  A mold remediator, a company that employs a mold
879	remediator, or a company that is controlled by a company that
880	also has a financial interest in a company employing a mold
881	remediator may not:
882	(a)  Perform or offer to perform any mold remediation
883	unless the remediator has documented training in water, mold,
884	and respiratory protection under s. 468.8414(2).
885	(b)  Perform or offer to perform any mold remediation
886	unless the person has complied with the provisions of this part.
887	(c)  Use the name or title "certified mold remediator,"
888	"registered mold remediator," "licensed mold remediator," "mold
889	remediator," "professional mold remediator," or any combination
890	thereof unless the person has complied with the provisions of
891	this part.
892	(d)  Perform or offer to perform any mold assessment to a
893	structure on which the mold remediator or the mold remediator's
894	company provided a mold remediation within the last 12 months.
895	(e)  Remediate for a fee any property in which the mold
896	remediator or the mold remediator's company has any financial or
897	transfer interest.
898	(f)  Accept any compensation, inducement, or reward from a
899	mold assessor or mold assessor's company for the referral of any
900	business from the mold assessor or the mold assessor's company.
901	(g)  Offer any compensation, inducement, or reward to a
902	mold assessor or mold assessor's company for the referral of any
903	business from the mold assessor or the mold assessor's company.
904	(3)  Any person who violates any provision of this section
905	commits:
906	(a)  A misdemeanor of the second degree for a first
907	violation, punishable as provided in s. 775.082 or s. 775.083.
908	(b)  A misdemeanor of the first degree for a second
909	violation, punishable as provided in s. 775.082 or s. 775.083.
910	(c)  A felony of the third degree for a third or subsequent
911	violation, punishable as provided in s. 775.082, s. 775.083, or
912	s. 775.084.
913	(4)  This section does not apply to unlicensed activity as
914	described in paragraphs (1)(a)-(d) or s. 455.228 that occurs
915	before July 1, 2011.
916	Section 30.  Paragraph (j) is added to subsection (1) of
917	section 468.842, Florida Statutes, to read:
918	468.842  Disciplinary proceedings.-
919	(1)  The following acts constitute grounds for which the
920	disciplinary actions in subsection (2) may be taken:
921	(j)  Failing to meet any standard of practice adopted by
922	rule of the department.
923	Section 31.  Subsection (1) of section 468.8421, Florida
924	Statutes, is amended to read:
925	468.8421  Insurance.-
926	(1)  A mold assessor shall maintain general liability and
927	errors and omissions for both preliminary and postremediation
928	mold assessment insurance coverage in an amount of at least $1
929	million not less than $1,000,000.
930	Section 32.  Section 468.8423, Florida Statutes, is amended
931	to read:
932	468.8423  Grandfather clause.-
933	(1)  A person who performs mold assessment or mold
934	remediation as defined in this part may qualify for licensure to
935	be licensed by the department as a mold assessor or mold
936	remediator if the person submits his or her application to the
937	department by March 1, 2011, whether postmarked or delivered by
938	that date, and if the person: meets the licensure requirements
939	of this part by July 1, 2010.
940	(a)  Is certified as a mold assessor or mold remediator by
941	a state or national association that requires, for such
942	certification, successful completion of a proctored examination
943	on mold assessment or mold remediation, as applicable, and
944	completes at least 60 hours of education on mold assessment or
945	at least 30 hours of education on mold remediation, as
946	applicable; or
947	(b)  At the time of application, has at least 3 years of
948	experience as a mold assessor or mold remediator. To establish
949	the 3 years of experience, an applicant must submit at least 40
950	mold assessments or remediation invoices prepared by the
951	applicant.
952	(2)  The department may investigate the validity of a mold
953	assessment or remediation invoice submitted under paragraph
954	(1)(b) and, if the applicant submits a false assessment or
955	invoice, may take disciplinary action against the applicant
956	under s. 468.842(1)(e) or (g).
957	(3)  An applicant may not qualify for licensure under this
958	section if he or she has had a mold assessor or mold remediator
959	license or a license in any related field revoked at any time or
960	suspended within the previous 5 years or has been assessed a
961	fine that exceeds $500 within the previous 5 years. For purposes
962	of this subsection, a license in a related field includes, but
963	is not limited to, licensure in real estate, construction, home
964	inspection, building code administration or inspection, or
965	indoor air quality.
966	(4)  An applicant for licensure under this section must
967	comply with the good moral character and insurance requirements
968	of this part.
969	Section 33.  Section 468.8424, Florida Statutes, is created
970	to read:
971	468.8424  Rulemaking authority.-The department shall adopt
972	rules to administer this part.
973	Section 34.  Subsection (2) and paragraph (a) of subsection
974	(5) of section 474.203, Florida Statutes, are amended to read:
975	474.203  Exemptions.-This chapter shall not apply to:
976	(2)  A person practicing as an intern or resident
977	veterinarian who does not hold a valid license issued under this
978	chapter and who is a graduate in training at a school or college
979	of veterinary medicine located in this state and accredited by
980	the American Veterinary Medical Association Council on Education
981	or a school or college recognized by the American Veterinary
982	Medical Association Commission for Foreign Veterinary Graduates.
983	Such intern or resident must be a graduate of a school or
984	college of veterinary medicine accredited by the American
985	Veterinary Medical Association Council on Education or a school
986	or college of veterinary medicine recognized by the Educational
987	Commission for Foreign Veterinary Graduates of the American
988	Veterinary Medical Association. This exemption expires when such
989	intern or resident completes or is terminated from such
990	training. Each school or college at which such intern or
991	resident is in training shall, on July 1 of each year, provide
992	the board with a written list of all such interns or residents
993	designated for this exemption, and the school or college shall
994	also notify the board of any additions or deletions to the list.
995	(5)(a)  Any person, or the person's regular employee,
996	administering to the ills or injuries of her or his own animals,
997	including, but not limited to, castration, spaying, and
998	dehorning of herd animals, unless title is has been transferred
999	or employment provided for the purpose of circumventing this
1000	law. This exemption does shall not apply to any person licensed
1001	as a veterinarian in another state or foreign jurisdiction and
1002	is out-of-state veterinarians practicing temporarily in this the
1003	state. However, only a veterinarian may immunize or treat an
1004	animal for diseases which are communicable to humans and which
1005	are of public health significance.
1006
1007	For the purposes of chapters 465 and 893, persons exempt
1008	pursuant to subsection (1), subsection (2), or subsection (4)
1009	are deemed to be duly licensed practitioners authorized by the
1010	laws of this state to prescribe drugs or medicinal supplies.
1011	Section 35.  Section 475.02, Florida Statutes, is amended
1012	to read:
1013	475.02  Florida Real Estate Commission.-
1014	(1)  There is created within the department the Florida
1015	Real Estate Commission. The commission shall consist of seven
1016	members who shall be appointed by the Governor, subject to
1017	confirmation by the Senate. Four members must be licensed
1018	brokers, each of whom has held an active license for the 5 years
1019	preceding appointment; one member must be a licensed broker or a
1020	licensed sales associate who has held an active license for the
1021	2 years preceding appointment; and two members must be persons
1022	who are not, and have never been, brokers or sales associates.
1023	At least one member of the commission must be 60 years of age or
1024	older. The current members may complete their present terms
1025	unless removed for cause.
1026	(2)  Members shall be appointed for 4-year terms.
1027	(3)  Notwithstanding s. 112.313, any member of the
1028	commission who is a licensed real estate broker or sales
1029	associate and who holds an active real estate school permit,
1030	chief administrator permit, school instructor permit, or any
1031	combination of such permits issued by the department, to the
1032	extent authorized pursuant to such permit, may offer, conduct,
1033	or teach any course prescribed or approved by the commission or
1034	the department.
1035	Section 36.  Paragraph (a) of subsection (1) of section
1036	475.175, Florida Statutes, is amended to read:
1037	475.175  Examinations.-
1038	(1)  A person shall be entitled to take the license
1039	examination to practice in this state if the person:
1040	(a)  Submits to the department the appropriate signed or
1041	electronically authenticated application, digital fingerprint
1042	data, and fee, and a fingerprint card. The digital fingerprints
1043	fingerprint card shall be forwarded to the Division of Criminal
1044	Justice Information Systems within the Department of Law
1045	Enforcement for purposes of processing the fingerprints
1046	fingerprint card to determine if the applicant has a criminal
1047	history record. The fingerprints fingerprint card shall also be
1048	forwarded to the Federal Bureau of Investigation for purposes of
1049	processing the fingerprints fingerprint card to determine if the
1050	applicant has a criminal history record. The information
1051	obtained by the processing of the fingerprints fingerprint card
1052	by the Florida Department of Law Enforcement and the Federal
1053	Bureau of Investigation shall be sent to the department for the
1054	purpose of determining if the applicant is statutorily qualified
1055	for examination. Effective July 1, 2006, an applicant shall
1056	provide fingerprints in electronic format.
1057	Section 37.  Section 475.613, Florida Statutes, is amended
1058	to read:
1059	475.613  Florida Real Estate Appraisal Board.-
1060	(1)  There is created the Florida Real Estate Appraisal
1061	Board, which shall consist of seven members appointed by the
1062	Governor, subject to confirmation by the Senate. Four members of
1063	the board must be real estate appraisers who have been engaged
1064	in the general practice of appraising real property in this
1065	state for at least 5 years immediately preceding appointment. In
1066	appointing real estate appraisers to the board, while not
1067	excluding other appraisers, the Governor shall give preference
1068	to real estate appraisers who are not primarily engaged in real
1069	estate brokerage or mortgage lending activities. One member of
1070	the board must represent organizations that use appraisals for
1071	the purpose of eminent domain proceedings, financial
1072	transactions, or mortgage insurance. Two members of the board
1073	shall be representatives of the general public and shall not be
1074	connected in any way with the practice of real estate appraisal,
1075	real estate brokerage, or mortgage lending. The appraiser
1076	members shall be as representative of the entire industry as
1077	possible, and membership in a nationally recognized or state-
1078	recognized appraisal organization shall not be a prerequisite to
1079	membership on the board. To the extent possible, no more than
1080	two members of the board shall be primarily affiliated with any
1081	one particular national or state appraisal association. Two of
1082	the members must be licensed or certified residential real
1083	estate appraisers and two of the members must be certified
1084	general real estate appraisers at the time of their appointment.
1085	(a)  Members of the board shall be appointed for 4-year
1086	terms. Any vacancy occurring in the membership of the board
1087	shall be filled by appointment by the Governor for the unexpired
1088	term. Upon expiration of her or his term, a member of the board
1089	shall continue to hold office until the appointment and
1090	qualification of the member's successor. A member may not be
1091	appointed for more than two consecutive terms. The Governor may
1092	remove any member for cause.
1093	(b)  The headquarters for the board shall be in Orlando.
1094	(c)  The board shall meet at least once each calendar
1095	quarter to conduct its business.
1096	(d)  The members of the board shall elect a chairperson at
1097	the first meeting each year.
1098	(e)  Each member of the board is entitled to per diem and
1099	travel expenses as set by legislative appropriation for each day
1100	that the member engages in the business of the board.
1101	(2)  The board shall have, through its rules, full power to
1102	regulate the issuance of licenses, certifications,
1103	registrations, and permits; to discipline appraisers in any
1104	manner permitted under this section; to establish qualifications
1105	for licenses, certifications, registrations, and permits
1106	consistent with this section; to regulate approved courses; to
1107	establish standards for real estate appraisals; and to establish
1108	standards for and regulate supervisory appraisers.
1109	(3)  Notwithstanding s. 112.313, any member of the board
1110	who is a licensed or certified real estate appraiser and who
1111	holds an active appraiser instructor permit issued by the
1112	department, to the extent authorized pursuant to such permit,
1113	may offer, conduct, or teach any course prescribed or approved
1114	by the board or the department.
1115	Section 38.  Subsections (4) through (8) of section
1116	477.019, Florida Statutes, are renumbered as subsections (3)
1117	through (7), respectively, and paragraph (c) of subsection (2)
1118	and present subsection (3) of that section are amended to read:
1119	477.019  Cosmetologists; qualifications; licensure;
1120	supervised practice; license renewal; endorsement; continuing
1121	education.-
1122	(2)  An applicant shall be eligible for licensure by
1123	examination to practice cosmetology if the applicant:
1124	(c)1.  Is authorized to practice cosmetology in another
1125	state or country, has been so authorized for at least 1 year,
1126	and does not qualify for licensure by endorsement as provided
1127	for in subsection (5) (6); or
1128	2.  Has received a minimum of 1,200 hours of training as
1129	established by the board, which shall include, but shall not be
1130	limited to, the equivalent of completion of services directly
1131	related to the practice of cosmetology at one of the following:
1132	a.  A school of cosmetology licensed pursuant to chapter
1133	1005.
1134	b.  A cosmetology program within the public school system.
1135	c.  The Cosmetology Division of the Florida School for the
1136	Deaf and the Blind, provided the division meets the standards of
1137	this chapter.
1138	d.  A government-operated cosmetology program in this
1139	state.
1140
1141	The board shall establish by rule procedures whereby the school
1142	or program may certify that a person is qualified to take the
1143	required examination after the completion of a minimum of 1,000
1144	actual school hours. If the person then passes the examination,
1145	he or she shall have satisfied this requirement; but if the
1146	person fails the examination, he or she shall not be qualified
1147	to take the examination again until the completion of the full
1148	requirements provided by this section.
1149	(3)  An application for the licensure examination for any
1150	license under this section may be submitted for examination
1151	approval in the last 100 hours of training by a pregraduate of a
1152	licensed cosmetology school or a program within the public
1153	school system, which school or program is certified by the
1154	Department of Education with fees as required in paragraph
1155	(2)(b). Upon approval, the applicant may schedule the
1156	examination on a date when the training hours are completed. An
1157	applicant shall have 6 months from the date of approval to take
1158	the examination. After the 6 months have passed, if the
1159	applicant failed to take the examination, the applicant must
1160	reapply. The board shall establish by rule the procedures for
1161	the pregraduate application process.
1162	Section 39.  Subsection (4) of section 509.211, Florida
1163	Statutes, is amended to read:
1164	509.211  Safety regulations.-
1165	(4)  Every enclosed space or room that contains a boiler
1166	regulated under chapter 554 which is fired by the direct
1167	application of energy from the combustion of fuels and that is
1168	located in any portion of a public lodging establishment that
1169	also contains sleeping rooms shall be equipped with one or more
1170	carbon monoxide sensor devices that bear the label of a
1171	nationally recognized testing laboratory and have been tested
1172	and listed as complying with the most recent Underwriters
1173	Laboratories, Inc., Standard 2034, or its equivalent, unless it
1174	is determined that carbon monoxide hazards have otherwise been
1175	adequately mitigated as determined by the Division of State Fire
1176	Marshal of the Department of Financial Services. Such devices
1177	shall be integrated with the public lodging establishment's fire
1178	detection system. Any such installation or determination shall
1179	be made in accordance with rules adopted by the Division of
1180	State Fire Marshal.
1181	Section 40.  Section 548.076, Florida Statutes, is created
1182	to read:
1183	548.076  Cease and desist notices.-When the department has
1184	probable cause to believe that any person not licensed by the
1185	commission has violated any provision of this chapter, or any
1186	rule adopted pursuant thereto, the department may issue and
1187	deliver to such person a notice to cease and desist from such
1188	violation. The department shall issue and enforce such cease and
1189	desist notices in accordance with s. 455.228.
1190	Section 41.  Subsection (1) of section 561.17, Florida
1191	Statutes, is amended to read:
1192	561.17  License and registration applications; approved
1193	person.-
1194	(1)  Any person, before engaging in the business of
1195	manufacturing, bottling, distributing, selling, or in any way
1196	dealing in alcoholic beverages, shall file, with the district
1197	licensing personnel of the district of the division in which the
1198	place of business for which a license is sought is located, a
1199	sworn application in the format prescribed duplicate on forms
1200	provided to the district licensing personnel by the division.
1201	The applicant must be a legal or business entity, person, or
1202	persons and must include all persons, officers, shareholders,
1203	and directors of such legal or business entity that have a
1204	direct or indirect interest in the business seeking to be
1205	licensed under this part. However, the applicant does not
1206	include any person that derives revenue from the license solely
1207	through a contractual relationship with the licensee, the
1208	substance of which contractual relationship is not related to
1209	the control of the sale of alcoholic beverages. Before Prior to
1210	any application is being approved, the division may require the
1211	applicant to file a set of fingerprints on regular United States
1212	Department of Justice forms for herself or himself and for any
1213	person or persons interested directly or indirectly with the
1214	applicant in the business for which the license is being sought,
1215	when so required by the division. If the applicant or any person
1216	who is interested with the applicant either directly or
1217	indirectly in the business or who has a security interest in the
1218	license being sought or has a right to a percentage payment from
1219	the proceeds of the business, either by lease or otherwise, is
1220	not qualified, the division shall deny the application shall be
1221	denied by the division. However, any company regularly traded on
1222	a national securities exchange and not over the counter; any
1223	insurer, as defined in the Florida Insurance Code; or any bank
1224	or savings and loan association chartered by this state, another
1225	state, or the United States which has an interest, directly or
1226	indirectly, in an alcoholic beverage license is shall not be
1227	required to obtain the division's division approval of its
1228	officers, directors, or stockholders or any change of such
1229	positions or interests. A shopping center with five or more
1230	stores, one or more of which has an alcoholic beverage license
1231	and is required under a lease common to all shopping center
1232	tenants to pay no more than 10 percent of the gross proceeds of
1233	the business holding the license to the shopping center, is
1234	shall not be considered as having an interest, directly or
1235	indirectly, in the license.
1236	Section 42.  For the purpose of incorporating the amendment
1237	made by this act to section 455.227, Florida Statutes, in a
1238	reference thereto, paragraph (a) of subsection (2) of section
1239	468.436, Florida Statutes, is reenacted to read:
1240	468.436  Disciplinary proceedings.-
1241	(2)  The following acts constitute grounds for which the
1242	disciplinary actions in subsection (4) may be taken:
1243	(a)  Violation of any provision of s. 455.227(1).
1244	Section 43.  For the purpose of incorporating the amendment
1245	made by this act to section 455.227, Florida Statutes, in a
1246	reference thereto, paragraph (a) of subsection (1) of section
1247	468.832, Florida Statutes, is reenacted to read:
1248	468.832  Disciplinary proceedings.-
1249	(1)  The following acts constitute grounds for which the
1250	disciplinary actions in subsection (2) may be taken:
1251	(a)  Violation of any provision of this part or s.
1252	455.227(1);
1253	Section 44.  For the purpose of incorporating the amendment
1254	made by this act to section 455.227, Florida Statutes, in a
1255	reference thereto, paragraph (a) of subsection (1) of section
1256	468.842, Florida Statutes, is reenacted to read:
1257	468.842  Disciplinary proceedings.-
1258	(1)  The following acts constitute grounds for which the
1259	disciplinary actions in subsection (2) may be taken:
1260	(a)  Violation of any provision of this part or s.
1261	455.227(1);
1262	Section 45.  For the purpose of incorporating the amendment
1263	made by this act to section 455.227, Florida Statutes, in a
1264	reference thereto, paragraph (a) of subsection (1) of section
1265	471.033, Florida Statutes, is reenacted to read:
1266	471.033  Disciplinary proceedings.-
1267	(1)  The following acts constitute grounds for which the
1268	disciplinary actions in subsection (3) may be taken:
1269	(a)  Violating any provision of s. 455.227(1), s. 471.025,
1270	or s. 471.031, or any other provision of this chapter or rule of
1271	the board or department.
1272	Section 46.  For the purpose of incorporating the amendment
1273	made by this act to section 455.227, Florida Statutes, in a
1274	reference thereto, paragraph (a) of subsection (1) of section
1275	473.323, Florida Statutes, is reenacted to read:
1276	473.323  Disciplinary proceedings.-
1277	(1)  The following acts constitute grounds for which the
1278	disciplinary actions in subsection (3) may be taken:
1279	(a)  Violation of any provision of s. 455.227(1) or any
1280	other provision of this chapter.
1281	Section 47.  For the purpose of incorporating the amendment
1282	made by this act to section 455.227, Florida Statutes, in a
1283	reference thereto, paragraph (a) of subsection (1) of section
1284	475.25, Florida Statutes, is reenacted to read:
1285	475.25  Discipline.-
1286	(1)  The commission may deny an application for licensure,
1287	registration, or permit, or renewal thereof; may place a
1288	licensee, registrant, or permittee on probation; may suspend a
1289	license, registration, or permit for a period not exceeding 10
1290	years; may revoke a license, registration, or permit; may impose
1291	an administrative fine not to exceed $5,000 for each count or
1292	separate offense; and may issue a reprimand, and any or all of
1293	the foregoing, if it finds that the licensee, registrant,
1294	permittee, or applicant:
1295	(a)  Has violated any provision of s. 455.227(1) or s.
1296	475.42. However, licensees under this part are exempt from the
1297	provisions of s. 455.227(1)(i).
1298	Section 48.  For the purpose of incorporating the amendment
1299	made by this act to section 455.227, Florida Statutes, in a
1300	reference thereto, subsection (1) of section 475.624, Florida
1301	Statutes, is reenacted to read:
1302	475.624  Discipline.-The board may deny an application for
1303	registration or certification; may investigate the actions of
1304	any appraiser registered, licensed, or certified under this
1305	part; may reprimand or impose an administrative fine not to
1306	exceed $5,000 for each count or separate offense against any
1307	such appraiser; and may revoke or suspend, for a period not to
1308	exceed 10 years, the registration, license, or certification of
1309	any such appraiser, or place any such appraiser on probation, if
1310	it finds that the registered trainee, licensee, or
1311	certificateholder:
1312	(1)  Has violated any provisions of this part or s.
1313	455.227(1); however, certificateholders, registrants, and
1314	licensees under this part are exempt from the provisions of s.
1315	455.227(1)(i).
1316	Section 49.  For the purpose of incorporating the amendment
1317	made by this act to section 455.227, Florida Statutes, in a
1318	reference thereto, paragraph (h) of subsection (1) of section
1319	476.204, Florida Statutes, is reenacted to read:
1320	476.204  Penalties.-
1321	(1)  It is unlawful for any person to:
1322	(h)  Violate any provision of s. 455.227(1), s. 476.194, or
1323	s. 476.214.
1324	Section 50.  For the purpose of incorporating the amendment
1325	made by this act to section 455.227, Florida Statutes, in a
1326	reference thereto, paragraph (h) of subsection (1) of section
1327	477.029, Florida Statutes, is reenacted to read:
1328	477.029  Penalty.-
1329	(1)  It is unlawful for any person to:
1330	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
1331	or s. 477.028.
1332	Section 51.  For the purpose of incorporating the amendment
1333	made by this act to section 455.227, Florida Statutes, in a
1334	reference thereto, paragraph (a) of subsection (1) of section
1335	481.225, Florida Statutes, is reenacted to read:
1336	481.225  Disciplinary proceedings against registered
1337	architects.-
1338	(1)  The following acts constitute grounds for which the
1339	disciplinary actions in subsection (3) may be taken:
1340	(a)  Violating any provision of s. 455.227(1), s. 481.221,
1341	or s. 481.223, or any rule of the board or department lawfully
1342	adopted pursuant to this part or chapter 455.
1343	Section 52.  For the purpose of incorporating the amendment
1344	made by this act to section 455.227, Florida Statutes, in a
1345	reference thereto, paragraph (a) of subsection (1) of section
1346	481.325, Florida Statutes, is reenacted to read:
1347	481.325  Disciplinary proceedings.-
1348	(1)  The following acts constitute grounds for which the
1349	disciplinary actions in subsection (3) may be taken:
1350	(a)  Violation of any provision of s. 455.227(1), s.
1351	481.321, or s. 481.323.
1352	Section 53.  For the purpose of incorporating the amendment
1353	made by this act to section 468.832, Florida Statutes, in a
1354	reference thereto, subsection (2) of section 468.8314, Florida
1355	Statutes, is reenacted to read:
1356	468.8314  Licensure.-
1357	(2)  The department shall certify for licensure any
1358	applicant who satisfies the requirements of s. 468.8313 and who
1359	has passed the licensing examination. The department may refuse
1360	to certify any applicant who has violated any of the provisions
1361	of s. 468.832.
1362	Section 54.  This act shall take effect July 1, 2010.

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