Amendment
Bill No. CS/HB 5005
Amendment No. 518261
CHAMBER ACTION
Senate House
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1The Conference Committee on CS/HB 5005 offered the following:
2
3     Conference Committee Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Paragraph (a) of subsection (4) of section
620.165, Florida Statutes, is amended to read:
7     20.165  Department of Business and Professional
8Regulation.-There is created a Department of Business and
9Professional Regulation.
10     (4)(a)  The following boards and programs are established
11within the Division of Professions:
12     1.  Board of Architecture and Interior Design, created
13under part I of chapter 481.
14     2.  Florida Board of Auctioneers, created under part VI of
15chapter 468.
16     3.  Barbers' Board, created under chapter 476.
17     4.  Florida Building Code Administrators and Inspectors
18Board, created under part XII of chapter 468.
19     5.  Construction Industry Licensing Board, created under
20part I of chapter 489.
21     6.  Board of Cosmetology, created under chapter 477.
22     7.  Electrical Contractors' Licensing Board, created under
23part II of chapter 489.
24     8.  Board of Employee Leasing Companies, created under part
25XI of chapter 468.
26     9.  Board of Landscape Architecture, created under part II
27of chapter 481.
28     10.  Board of Pilot Commissioners, created under chapter
29310.
30     11.  Board of Professional Engineers, created under chapter
31471.
32     12.  Board of Professional Geologists, created under
33chapter 492.
34     13.  Board of Veterinary Medicine, created under chapter
35474.
36     14.  Home inspection services licensing program, created
37under part XV of chapter 468.
38     15.  Mold-related services licensing program, created under
39part XVI of chapter 468.
40     Section 2.  Section 468.381, Florida Statutes, is amended
41to read:
42     468.381  Purpose.-The Legislature finds that unqualified
43auctioneers and apprentices and unreliable auction businesses
44present a significant threat to the public. It is the intent of
45the Legislature to protect the public by creating a board to
46regulate auctioneers, apprentices, and auction businesses and by
47requiring a license to operate.
48     Section 3.  Subsection (10) is added to section 468.383,
49Florida Statutes, to read:
50     468.383  Exemptions.-This act does not apply to the
51following:
52     (10)  Motor vehicle auctions, as defined in s.
53320.27(1)(c)4., conducted by auctioneers licensed in other
54states and held for the purpose of conducting sanctioned
55contests among auctioneers, if an auctioneer licensed pursuant
56to this part is on site to monitor the sanctioned contest.
57     Section 4.  Subsection (3) of section 468.384, Florida
58Statutes, is amended to read:
59     468.384  Florida Board of Auctioneers.-
60     (3)  The board shall receive and act upon applications for
61auctioneer, apprentice, and auction business licenses and shall
62have the power to issue, suspend, and revoke such licenses and
63to take such other action as is necessary to carry out the
64provisions of this act.
65     Section 5.  Subsections (3), (5), (6), (7), and (8) of
66section 468.385, Florida Statutes, are amended to read:
67     468.385  Licenses required; qualifications; examination.-
68     (3)  A No person may not shall be licensed as an auctioneer
69or apprentice if he or she:
70     (a)  Is under 18 years of age; or
71     (b)  Has committed any act or offense in this state or any
72other jurisdiction which would constitute a basis for
73disciplinary action under s. 468.389.
74     (5)  Each apprentice shall work under the supervision of
75application and license shall name a licensed auctioneer who has
76agreed to serve as the supervisor of the apprentice. An No
77apprentice may not conduct, or contract to conduct, an auction
78without the express approval of his or her supervisor. The
79supervisor shall regularly review the apprentice's records,
80which are required by the board to be maintained, to determine
81if such records are accurate and current.
82     (6)  A No person may not shall be licensed as an auctioneer
83unless he or she:
84     (a)  Has held an apprentice license and has served as an
85apprentice for 1 year or more, or has completed a course of
86study, consisting of not less than 80 classroom hours of
87instruction, that meets standards adopted by the board;
88     (b)  Has passed the required examination; and
89     (c)  Is approved by the board.
90     (7)(a)  Any auction that is subject to the provisions of
91this part must be conducted by an auctioneer who has an active
92license or an apprentice who is actively supervised by a
93licensed sponsor has an active apprentice auctioneer license and
94who has received prior written sponsor consent.
95     (b)  A No business may not shall auction or offer to
96auction any property in this state unless it is licensed as an
97auction business by the board or is exempt from licensure under
98this act. Each application for licensure shall include the names
99of the owner and the business, the business mailing address and
100location, and any other information which the board may require.
101The owner of an auction business shall report to the board
102within 30 days after of any change in this required information.
103     (8)  A license issued by the department to an auctioneer,
104apprentice, or auction business is not transferable.
105     Section 6.  Present subsections (5) through (10) of section
106468.3855, Florida Statutes, are amended, and a new subsection
107(9) is added to that section, to read:
108     468.3855  Apprenticeship training requirements.-
109     (5)  Each apprentice and sponsor shall file reports as
110required by board rule.
111     (5)(6)  A sponsor may not authorize an apprentice to
112conduct an auction or act as principal auctioneer unless the
113sponsor has determined that the apprentice has received adequate
114training to do so.
115     (6)(7)  The sponsor is shall be responsible for any acts or
116omissions of the apprentice which constitute a violation of law
117in relation to the conduct of an auction.
118     (8)  All apprentice applications shall be valid for a
119period of 6 months after board approval. Any applicant who fails
120to complete the licensure process within that time shall be
121required to make application as a new applicant.
122     (7)(9)  Any licensed apprentice who wishes to change the
123sponsor under whom he or she is supervised licensed must submit
124a new application and application fee. However, a new license
125fee shall not be required and credit shall be awarded credit for
126training received or any period of apprenticeship served under
127the previous sponsor.
128     (8)(10)  Credit for training received or any period of
129apprenticeship served is shall not be allowed unless it occurred
130under the supervision of the sponsor under whose supervision the
131apprentice is licensed.
132     (9)  An apprentice must submit verification of his or her
133apprenticeship signed by the sponsor or sponsors on a form
134prescribed by the department at the time of submitting the
135application for an auctioneer license.
136     Section 7.  Subsection (4) and paragraph (b) of subsection
137(11) of section 468.388, Florida Statutes, are amended to read:
138     468.388  Conduct of an auction.-
139     (4)  Each auction must be conducted by an auctioneer who
140has an active license or by an apprentice who has an active
141apprentice auctioneer license and who has received prior written
142sponsor consent. Each auction must be conducted under the
143auspices of a licensed auction business. Any auctioneer or
144apprentice auctioneer conducting an auction, and any auction
145business under whose auspices such auction is held, shall be
146responsible for determining that any auctioneer, apprentice, or
147auction business with whom they are associated in conducting
148such auction has an active Florida auctioneer, apprentice, or
149auction business license.
150     (11)
151     (b)  A No licensed auctioneer, apprentice, or licensed
152auction business, or apprentice may not disseminate or cause to
153be disseminated any advertisement or advertising which is false,
154deceptive, misleading, or untruthful. Any advertisement or
155advertising is shall be deemed to be false, deceptive,
156misleading, or untruthful if it:
157     1.  Contains misrepresentations of facts.
158     2.  Is misleading or deceptive because, in its content or
159in the context in which it is presented, it makes only a partial
160disclosure of relevant facts.
161     3.  Creates false or unjustified expectations of the
162services to be performed.
163     4.  Contains any representation or claim which the
164advertising licensee fails to perform.
165     5.  Fails to include the name and license number of the
166principal auctioneer and the auction business.
167     6.  Fails to include the name and license number of the
168sponsor if an apprentice is acting as the principal auctioneer.
169     7.  Advertises an auction as absolute without specifying
170any and all items to be sold with reserve or with minimum bids.
171     8.  Fails to include the percentage amount of any buyer's
172premium or surcharge which is a condition to sale.
173     Section 8.  Section 468.391, Florida Statutes, is amended
174to read:
175     468.391  Penalty.-Any auctioneer, apprentice, or auction
176business or any owner or manager thereof, or, in the case of
177corporate ownership, any substantial stockholder of the
178corporation owning the auction business, who operates without an
179active license or written sponsorship consent or violates any
180provision of the prohibited acts listed under s. 468.389 commits
181a felony of the third degree, punishable as provided in s.
182775.082 or s. 775.083.
183     Section 9.  Section 477.0132, Florida Statutes, is amended
184to read:
185     (Substantial rewording of section. See
186     s. 477.0132, F.S., for present text.)
187     477.0132  Hair braiding, hair wrapping, and body wrapping;
188application of chapter.-This chapter does not apply to a person
189whose occupation or practice is confined solely to hair
190braiding, hair wrapping, or body wrapping.
191     Section 10.  Subsection (7) of section 477.019, Florida
192Statutes, is amended to read:
193     477.019  Cosmetologists; qualifications; licensure;
194supervised practice; license renewal; endorsement; continuing
195education.-
196     (7)(a)  The board shall prescribe by rule continuing
197education requirements intended to ensure protection of the
198public through updated training of licensees and registered
199specialists, not to exceed 16 hours biennially, as a condition
200for renewal of a license or registration as a specialist under
201this chapter. Continuing education courses shall include, but is
202not be limited to, the following subjects as they relate to the
203practice of cosmetology: human immunodeficiency virus and
204acquired immune deficiency syndrome; Occupational Safety and
205Health Administration regulations; workers' compensation issues;
206state and federal laws and rules as they pertain to
207cosmetologists, cosmetology, salons, specialists, specialty
208salons, and booth renters; chemical makeup as it pertains to
209hair, skin, and nails; and environmental issues. Courses given
210at cosmetology conferences may be counted toward the number of
211continuing education hours required if approved by the board.
212     (b)  Any person whose occupation or practice is confined
213solely to hair braiding, hair wrapping, or body wrapping is
214exempt from the continuing education requirements of this
215subsection.
216     (b)(c)  The board may, by rule, require any licensee in
217violation of a continuing education requirement to take a
218refresher course or refresher course and examination in addition
219to any other penalty. The number of hours for the refresher
220course may not exceed 48 hours.
221     Section 11.  Paragraph (f) of subsection (1) of section
222477.026, Florida Statutes, is amended to read:
223     477.026  Fees; disposition.-
224     (1)  The board shall set fees according to the following
225schedule:
226     (f)  For hair braiders, hair wrappers, and body wrappers,
227fees for registration shall not exceed $25.
228     Section 12.  Paragraph (g) of subsection (1) of section
229477.0265, Florida Statutes, is amended to read:
230     477.0265  Prohibited acts.-
231     (1)  It is unlawful for any person to:
232     (g)  Advertise or imply that skin care services or body
233wrapping, as performed under this chapter, have any relationship
234to the practice of massage therapy as defined in s. 480.033(3),
235except those practices or activities defined in s. 477.013.
236     Section 13.  Paragraph (a) of subsection (1) of section
237477.029, Florida Statutes, is amended to read:
238     477.029  Penalty.-
239     (1)  It is unlawful for any person to:
240     (a)  Hold himself or herself out as a cosmetologist or,
241specialist, hair wrapper, hair braider, or body wrapper unless
242duly licensed, or registered, or otherwise authorized, as
243provided in this chapter.
244     Section 14.  Section 481.201, Florida Statutes, is amended
245to read:
246     481.201  Purpose.-The primary legislative purpose for
247enacting this part is to ensure that every architect practicing
248in this state meets minimum requirements for safe practice. It
249is the legislative intent that architects who fall below minimum
250competency or who otherwise present a danger to the public shall
251be prohibited from practicing in this state. The Legislature
252further finds that it is in the interest of the public to limit
253the practice of interior design to interior designers or
254architects who have the design education and training required
255by this part or to persons who are exempted from the provisions
256of this part.
257     Section 15.  Section 481.203, Florida Statutes, is amended
258to read:
259     481.203  Definitions.-As used in this part, the term:
260     (1)(3)  "Architect" or "registered architect" means a
261natural person who is licensed under this part to engage in the
262practice of architecture.
263     (2)(6)  "Architecture" means the rendering or offering to
264render services in connection with the design and construction
265of a structure or group of structures which have as their
266principal purpose human habitation or use, and the utilization
267of space within and surrounding such structures. These services
268include planning, providing preliminary study designs, drawings
269and specifications, job-site inspection, and administration of
270construction contracts.
271     (3)(1)  "Board" means the Board of Architecture and
272Interior Design.
273     (4)(5)  "Certificate of authorization" means a certificate
274issued by the department to a corporation or partnership to
275practice architecture or interior design.
276     (5)(4)  "Certificate of registration" means a license
277issued by the department to a natural person to engage in the
278practice of architecture or interior design.
279     (6)(2)  "Department" means the Department of Business and
280Professional Regulation.
281     (7)(8)  "Interior design" means designs, consultations,
282studies, drawings, specifications, and administration of design
283construction contracts relating to nonstructural interior
284elements of a building or structure. "Interior design" includes,
285but is not limited to, reflected ceiling plans, space planning,
286furnishings, and the fabrication of nonstructural elements
287within and surrounding interior spaces of buildings. "Interior
288design" specifically excludes the design of or the
289responsibility for architectural and engineering interior
290construction relating to the building systems work, except for
291specification of fixtures and their location within interior
292spaces. As used in this subsection, "architectural and
293engineering interior construction relating to the building
294systems" includes, but is not limited to, construction of
295structural, mechanical, plumbing, heating, air-conditioning,
296ventilating, electrical, or vertical transportation systems, or
297construction which materially affects lifesafety systems
298pertaining to firesafety protection such as fire-rated
299separations between interior spaces, fire-rated vertical shafts
300in multistory structures, fire-rated protection of structural
301elements, smoke evacuation and compartmentalization, emergency
302ingress or egress systems, and emergency alarm systems.
303     (8)(10)  "Nonstructural interior element" means an element
304which does not require structural bracing and which is something
305other than a load-bearing wall, load-bearing column, or other
306load-bearing element of a building or structure which is
307essential to the structural integrity of the building.
308     (9)(11)  "Reflected ceiling plan" means a ceiling design
309plan which is laid out as if it were projected downward and
310which may include lighting and other elements.
311     (9)  "Registered interior designer" or "interior designer"
312means a natural person who is licensed under this part.
313     (10)(16)  "Responsible supervising control" means the
314exercise of direct personal supervision and control throughout
315the preparation of documents, instruments of service, or any
316other work requiring the seal and signature of a licensee under
317this part.
318     (11)(12)  "Space planning" means the analysis, programming,
319or design of spatial requirements, including preliminary space
320layouts and final planning.
321     (12)(7)  "Townhouse" is a single-family dwelling unit not
322exceeding three stories in height which is constructed in a
323series or group of attached units with property lines separating
324such units. Each townhouse shall be considered a separate
325building and shall be separated from adjoining townhouses by the
326use of separate exterior walls meeting the requirements for zero
327clearance from property lines as required by the type of
328construction and fire protection requirements; or shall be
329separated by a party wall; or may be separated by a single wall
330meeting the following requirements:
331     (a)  Such wall shall provide not less than 2 hours of fire
332resistance. Plumbing, piping, ducts, or electrical or other
333building services shall not be installed within or through the
3342-hour wall unless such materials and methods of penetration
335have been tested in accordance with the Standard Building Code.
336     (b)  Such wall shall extend from the foundation to the
337underside of the roof sheathing, and the underside of the roof
338shall have at least 1 hour of fire resistance for a width not
339less than 4 feet on each side of the wall.
340     (c)  Each dwelling unit sharing such wall shall be designed
341and constructed to maintain its structural integrity independent
342of the unit on the opposite side of the wall.
343     (13)  "Common area" means an area that is held out for use
344by all tenants or owners in a multiple-unit dwelling, including,
345but not limited to, a lobby, elevator, hallway, laundry room,
346clubhouse, or swimming pool.
347     (14)  "Diversified interior design experience" means
348experience which substantially encompasses the various elements
349of interior design services set forth under the definition of
350"interior design" in subsection (8).
351     (15)  "Interior decorator services" includes the selection
352or assistance in selection of surface materials, window
353treatments, wallcoverings, paint, floor coverings, surface-
354mounted lighting, surface-mounted fixtures, and loose
355furnishings not subject to regulation under applicable building
356codes.
357     Section 16.  Subsection (1) and paragraph (a) of subsection
358(3) of section 481.205, Florida Statutes, are amended to read:
359     481.205  Board of Architecture and Interior Design.-
360     (1)  The Board of Architecture and Interior Design is
361created within the Department of Business and Professional
362Regulation. The board shall consist of seven 11 members. Five
363members must be registered architects who have been engaged in
364the practice of architecture for at least 5 years; three members
365must be registered interior designers who have been offering
366interior design services for at least 5 years and who are not
367also registered architects; and two three members must be
368laypersons who are not, and have never been, architects,
369interior designers, or members of any closely related profession
370or occupation. At least one member of the board must be 60 years
371of age or older.
372     (3)(a)  Notwithstanding the provisions of ss. 455.225,
373455.228, and 455.32, the duties and authority of the department
374to receive complaints and investigate and discipline persons
375licensed under this part, including the ability to determine
376legal sufficiency and probable cause; to initiate proceedings
377and issue final orders for summary suspension or restriction of
378a license pursuant to s. 120.60(6); to issue notices of
379noncompliance, notices to cease and desist, subpoenas, and
380citations; to retain legal counsel, investigators, or
381prosecutorial staff in connection with the licensed practice of
382architecture and interior design; and to investigate and deter
383the unlicensed practice of architecture and interior design as
384provided in s. 455.228 are delegated to the board. All
385complaints and any information obtained pursuant to an
386investigation authorized by the board are confidential and
387exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
388     Section 17.  Section 481.207, Florida Statutes, is amended
389to read:
390     481.207  Fees.-The board, by rule, may establish separate
391fees for architects and interior designers, to be paid for
392applications, examination, reexamination, licensing and renewal,
393delinquency, reinstatement, and recordmaking and recordkeeping.
394The examination fee shall be in an amount that covers the cost
395of obtaining and administering the examination and shall be
396refunded if the applicant is found ineligible to sit for the
397examination. The application fee is nonrefundable. The fee for
398initial application and examination for architects and interior
399designers may not exceed $775 plus the actual per applicant cost
400to the department for purchase of the examination from the
401National Council of Architectural Registration Boards or the
402National Council of Interior Design Qualifications,
403respectively, or similar national organizations. The biennial
404renewal fee for architects may not exceed $200. The biennial
405renewal fee for interior designers may not exceed $500. The
406delinquency fee may not exceed the biennial renewal fee
407established by the board for an active license. The board shall
408establish fees that are adequate to ensure the continued
409operation of the board and to fund the proportionate expenses
410incurred by the department which are allocated to the regulation
411of architects and interior designers. Fees shall be based on
412department estimates of the revenue required to implement this
413part and the provisions of law with respect to the regulation of
414architects and interior designers.
415     Section 18.  Section 481.209, Florida Statutes, is amended
416to read:
417     481.209  Examinations.-
418     (1)  A person desiring to be licensed as a registered
419architect shall apply to the department to take the licensure
420examination. The department shall administer the licensure
421examination for architects to each applicant who the board
422certifies:
423     (1)(a)  Has completed the application form and remitted a
424nonrefundable application fee and an examination fee which is
425refundable if the applicant is found to be ineligible to take
426the examination;
427     (2)(a)(b)1.  Is a graduate of a school or college of
428architecture accredited by the National Architectural
429Accreditation Board; or
430     (b)2.  Is a graduate of an approved architectural
431curriculum, evidenced by a degree from an unaccredited school or
432college of architecture approved by the board. The board shall
433adopt rules providing for the review and approval of
434unaccredited schools and colleges of architecture and courses of
435architectural study based on a review and inspection by the
436board of the curriculum of accredited schools and colleges of
437architecture in the United States; and
438     (3)(c)  Has completed, prior to examination, 1 year of the
439internship experience required by s. 481.211(1).
440     (2)  A person desiring to be licensed as a registered
441interior designer shall apply to the department for licensure.
442The department shall administer the licensure examination for
443interior designers to each applicant who has completed the
444application form and remitted the application and examination
445fees specified in s. 481.207 and who the board certifies:
446     (a)  Is a graduate from an interior design program of 5
447years or more and has completed 1 year of diversified interior
448design experience;
449     (b)  Is a graduate from an interior design program of 4
450years or more and has completed 2 years of diversified interior
451design experience;
452     (c)  Has completed at least 3 years in an interior design
453curriculum and has completed 3 years of diversified interior
454design experience; or
455     (d)  Is a graduate from an interior design program of at
456least 2 years and has completed 4 years of diversified interior
457design experience.
458
459Subsequent to October 1, 2000, for the purpose of having the
460educational qualification required under this subsection
461accepted by the board, the applicant must complete his or her
462education at a program, school, or college of interior design
463whose curriculum has been approved by the board as of the time
464of completion. Subsequent to October 1, 2003, all of the
465required amount of educational credits shall have been obtained
466in a program, school, or college of interior design whose
467curriculum has been approved by the board, as of the time each
468educational credit is gained. The board shall adopt rules
469providing for the review and approval of programs, schools, and
470colleges of interior design and courses of interior design study
471based on a review and inspection by the board of the curriculum
472of programs, schools, and colleges of interior design in the
473United States, including those programs, schools, and colleges
474accredited by the Foundation for Interior Design Education
475Research. The board shall adopt rules providing for the review
476and approval of diversified interior design experience required
477by this subsection.
478     Section 19.  Subsection (2) of section 481.211, Florida
479Statutes, is amended to read:
480     481.211  Architecture internship required.-
481     (2)  Each applicant for licensure shall complete 1 year of
482the internship experience required by this section subsequent to
483graduation from a school or college of architecture as defined
484in s. 481.209(1).
485     Section 20.  Subsections (1) through (4) of section
486481.213, Florida Statutes, are amended to read:
487     481.213  Licensure.-
488     (1)  The department shall license as an architect any
489applicant who the board certifies is qualified for licensure and
490who has paid the initial licensure fee. Licensure as an
491architect under this section shall be deemed to include all the
492rights and privileges of licensure as an interior designer under
493this section.
494     (2)  The board shall certify for licensure as an architect
495by examination any applicant who passes the prescribed licensure
496examination and satisfies the requirements of ss. 481.209 and
497481.211, for architects, or the requirements of s. 481.209, for
498interior designers.
499     (3)  The board shall certify as qualified for a license by
500endorsement as an architect or as an interior designer an
501applicant who:
502     (a)  Qualifies to take the prescribed licensure
503examination, and has passed the prescribed licensure examination
504or a substantially equivalent examination in another
505jurisdiction, as set forth in s. 481.209 for architects or
506interior designers, as applicable, and has satisfied the
507internship requirements set forth in s. 481.211 for architects;
508     (b)  Holds a valid license to practice architecture or
509interior design issued by another jurisdiction of the United
510States, if the criteria for issuance of such license were
511substantially equivalent to the licensure criteria that existed
512in this state at the time the license was issued; provided,
513however, that an applicant who has been licensed for use of the
514title "interior design" rather than licensed to practice
515interior design shall not qualify hereunder; or
516     (c)  Has passed the prescribed licensure examination and
517holds a valid certificate issued by the National Council of
518Architectural Registration Boards, and holds a valid license to
519practice architecture issued by another state or jurisdiction of
520the United States. For the purposes of this paragraph, any
521applicant licensed in another state or jurisdiction after June
52230, 1984, must also hold a degree in architecture and such
523degree must be equivalent to that required in s.
524481.209(2)(1)(b). Also for the purposes of this paragraph, any
525applicant licensed in another state or jurisdiction after June
52630, 1985, must have completed an internship equivalent to that
527required by s. 481.211 and any rules adopted with respect
528thereto.
529     (4)  The board may refuse to certify any applicant who has
530violated any of the provisions of s. 481.223, or s. 481.225, or
531s. 481.2251, as applicable.
532     Section 21.  Section 481.2131, Florida Statutes, is amended
533to read:
534     481.2131  Interior design; practice requirements;
535disclosure of compensation for professional services.-
536     (1)  The practice of interior design does not require
537licensure A registered interior designer is authorized to
538perform "interior design" as defined in s. 481.203.
539     (2)  Interior design documents prepared by a registered
540interior designer shall contain a statement that the document is
541not an architectural or engineering study, drawing,
542specification, or design and is not to be used for construction
543of any load-bearing columns, load-bearing framing or walls of
544structures, or issuance of any building permit, except as
545otherwise provided by law. Interior design documents that are
546prepared and sealed by a registered interior designer may, if
547required by a permitting body, be submitted for the issuance of
548a building permit for interior construction excluding design of
549any structural, mechanical, plumbing, heating, air-conditioning,
550ventilating, electrical, or vertical transportation systems or
551that materially affect lifesafety systems pertaining to
552firesafety protection such as fire-rated separations between
553interior spaces, fire-rated vertical shafts in multistory
554structures, fire-rated protection of structural elements, smoke
555evacuation and compartmentalization, emergency ingress or egress
556systems, and emergency alarm systems.
557     (2)  An interior designer shall, before entering into a
558contract, verbal or written, clearly determine the scope and
559nature of the project and the method or methods of compensation.
560The interior designer may offer professional services to the
561client as a consultant, specifier, or supplier on the basis of a
562fee, percentage, or markup. The interior designer shall have the
563responsibility of fully disclosing to the client the manner in
564which all compensation is to be paid. Unless the client knows
565and agrees, the interior designer shall not accept any form of
566compensation from a supplier of goods and services in cash or in
567kind.
568     Section 22.  Subsections (3) and (5) of section 481.215,
569Florida Statutes, are amended to read:
570     481.215  Renewal of license.-
571     (3)  A No license renewal may not shall be issued to an
572architect or an interior designer by the department until the
573licensee submits proof satisfactory to the department that,
574during the 2 years before prior to application for renewal, the
575licensee participated per biennium in not less than 20 hours of
576at least 50 minutes each per biennium of continuing education
577approved by the board. The board shall approve only continuing
578education that builds upon the basic knowledge of architecture
579or interior design. The board may make exception from the
580requirements of continuing education in emergency or hardship
581cases.
582     (5)  The board shall require, by rule adopted pursuant to
583ss. 120.536(1) and 120.54, a specified number of hours in
584specialized or advanced courses, approved by the Florida
585Building Commission, on any portion of the Florida Building
586Code, adopted pursuant to part IV of chapter 553, relating to
587the licensee's respective area of practice.
588     Section 23.  Subsection (1) of section 481.217, Florida
589Statutes, is amended to read:
590     481.217  Inactive status.-
591     (1)  The board may prescribe by rule continuing education
592requirements as a condition of reactivating a license. The
593continuing education requirements for reactivating a license for
594a registered architect may not exceed 12 contact hours for each
595year the license was inactive. The minimum continuing education
596requirement for reactivating a license for a registered interior
597designer shall be those of the most recent biennium plus one-
598half of the requirements in s. 481.215 for each year or part
599thereof during which the license was inactive. The board shall
600only approve continuing education that builds upon the basic
601knowledge of interior design.
602     Section 24.  Section 481.219, Florida Statutes, is amended
603to read:
604     481.219  Certification of partnerships, limited liability
605companies, and corporations.-
606     (1)  The practice of or the offer to practice architecture
607or interior design by licensees through a corporation, limited
608liability company, or partnership offering architectural or
609interior design services to the public, or by a corporation,
610limited liability company, or partnership offering architectural
611or interior design services to the public through licensees
612under this part as agents, employees, officers, or partners, is
613permitted, subject to the provisions of this section.
614     (2)  For the purposes of this section, a certificate of
615authorization is shall be required for a corporation, limited
616liability company, partnership, or person practicing under a
617fictitious name, offering architectural services to the public
618jointly or separately. However, when an individual is practicing
619architecture in her or his own name, she or he is shall not be
620required to be certified under this section. Certification under
621this subsection to offer architectural services shall include
622all the rights and privileges of certification under subsection
623(3) to offer interior design services.
624     (3)  For the purposes of this section, a certificate of
625authorization shall be required for a corporation, limited
626liability company, partnership, or person operating under a
627fictitious name, offering interior design services to the public
628jointly or separately. However, when an individual is practicing
629interior design in her or his own name, she or he shall not be
630required to be certified under this section.
631     (3)(4)  All final construction documents and instruments of
632service which include drawings, specifications, plans, reports,
633or other papers or documents involving the practice of
634architecture which are prepared or approved for the use of the
635corporation, limited liability company, or partnership and filed
636for public record within the state shall bear the signature and
637seal of the licensee who prepared or approved them and the date
638on which they were sealed.
639     (5)  All drawings, specifications, plans, reports, or other
640papers or documents prepared or approved for the use of the
641corporation, limited liability company, or partnership by an
642interior designer in her or his professional capacity and filed
643for public record within the state shall bear the signature and
644seal of the licensee who prepared or approved them and the date
645on which they were sealed.
646     (4)(6)  The department shall issue a certificate of
647authorization to any applicant who the board certifies as
648qualified for a certificate of authorization and who has paid
649the fee set in s. 481.207.
650     (5)(7)  The board shall certify an applicant as qualified
651for a certificate of authorization to offer architectural or
652interior design services, provided that:
653     (a)  one or more of the principal officers of the
654corporation or limited liability company, or one or more
655partners of the partnership, and all personnel of the
656corporation, limited liability company, or partnership who act
657in its behalf in this state as architects, are registered as
658provided by this part; or
659     (b)  One or more of the principal officers of the
660corporation or one or more partners of the partnership, and all
661personnel of the corporation, limited liability company, or
662partnership who act in its behalf in this state as interior
663designers, are registered as provided by this part.
664     (6)(8)  The department shall adopt rules establishing a
665procedure for the biennial renewal of certificates of
666authorization.
667     (7)(9)  The department shall renew a certificate of
668authorization upon receipt of the renewal application and
669biennial renewal fee.
670     (8)(10)  Each partnership, limited liability company, and
671corporation certified under this section shall notify the
672department within 30 days after of any change in the information
673contained in the application upon which the certification is
674based. Any registered architect or interior designer who
675qualifies the corporation, limited liability company, or
676partnership as provided in subsection (5) (7) shall be
677responsible for ensuring responsible supervising control of
678projects of the entity and upon termination of her or his
679employment with a partnership, limited liability company, or
680corporation certified under this section shall notify the
681department of the termination within 30 days.
682     (9)(11)  A No corporation, limited liability company, or
683partnership may not shall be relieved of responsibility for the
684conduct or acts of its agents, employees, or officers by reason
685of its compliance with this section. However, the architect who
686signs and seals the construction documents and instruments of
687service is shall be liable for the professional services
688performed, and the interior designer who signs and seals the
689interior design drawings, plans, or specifications shall be
690liable for the professional services performed.
691     (10)(12)  Disciplinary action against a corporation,
692limited liability company, or partnership shall be administered
693in the same manner and on the same grounds as disciplinary
694action against a registered architect or interior designer,
695respectively.
696     (11)(13)  Nothing in This section does not shall be
697construed to mean that a certificate of registration to practice
698architecture or interior design shall be held by a corporation,
699limited liability company, or partnership. Nothing in This
700section does not prohibit prohibits corporations, limited
701liability companies, and partnerships from joining together to
702offer architectural, engineering, interior design, surveying and
703mapping, and landscape architectural services, or any
704combination of such services, to the public, provided that each
705corporation, limited liability company, or partnership otherwise
706meets the requirements of law.
707     (14)  Corporations, limited liability companies, or
708partnerships holding a valid certificate of authorization to
709practice architecture shall be permitted to use in their title
710the term "interior designer" or "registered interior designer."
711     Section 25.  Section 481.221, Florida Statutes, is amended
712to read:
713     481.221  Seals; display of certificate number.-
714     (1)  The board shall prescribe, by rule, one or more forms
715of seals to be used by registered architects holding valid
716certificates of registration.
717     (2)  Each registered architect shall obtain one seal in a
718form approved by rule of the board and may, in addition,
719register her or his seal electronically in accordance with ss.
720668.001-668.006. All final construction documents and
721instruments of service which include drawings, plans,
722specifications, or reports prepared or issued by the registered
723architect and being filed for public record shall bear the
724signature and seal of the registered architect who prepared or
725approved the document and the date on which they were sealed.
726The signature, date, and seal shall be evidence of the
727authenticity of that to which they are affixed. Final plans,
728specifications, or reports prepared or issued by a registered
729architect may be transmitted electronically and may be signed by
730the registered architect, dated, and sealed electronically with
731the seal in accordance with ss. 668.001-668.006.
732     (3)  The board shall adopt a rule prescribing the
733distinctly different seals to be used by registered interior
734designers holding valid certificates of registration. Each
735registered interior designer shall obtain a seal as prescribed
736by the board, and all drawings, plans, specifications, or
737reports prepared or issued by the registered interior designer
738and being filed for public record shall bear the signature and
739seal of the registered interior designer who prepared or
740approved the document and the date on which they were sealed.
741The signature, date, and seal shall be evidence of the
742authenticity of that to which they are affixed. Final plans,
743specifications, or reports prepared or issued by a registered
744interior designer may be transmitted electronically and may be
745signed by the registered interior designer, dated, and sealed
746electronically with the seal in accordance with ss. 668.001-
747668.006.
748     (3)(4)  A No registered architect may not shall affix, or
749permit to be affixed, her or his seal or signature to any final
750construction document or instrument of service which includes
751any plan, specification, drawing, or other document which
752depicts work which she or he is not competent to perform.
753     (5)  No registered interior designer shall affix, or permit
754to be affixed, her or his seal or signature to any plan,
755specification, drawing, or other document which depicts work
756which she or he is not competent or licensed to perform.
757     (4)(6) A No registered architect may not shall affix her or
758his signature or seal to any final construction document or
759instrument of service which includes drawings, plans,
760specifications, or architectural documents which were not
761prepared by her or him or under her or his responsible
762supervising control or by another registered architect and
763reviewed, approved, or modified and adopted by her or him as her
764or his own work according to rules adopted by the board.
765     (7)  No registered interior designer shall affix her or his
766signature or seal to any plans, specifications, or other
767documents which were not prepared by her or him or under her or
768his responsible supervising control or by another registered
769interior designer and reviewed, approved, or modified and
770adopted by her or him as her or his own work according to rules
771adopted by the board.
772     (5)(8)  Final construction documents or instruments of
773service which include plans, drawings, specifications, or other
774architectural documents prepared by a registered architect as
775part of her or his architectural practice shall be of a
776sufficiently high standard to clearly and accurately indicate or
777illustrate all essential parts of the work to which they refer.
778     (9)  Studies, drawings, specifications, and other related
779documents prepared by a registered interior designer in
780providing interior design services shall be of a sufficiently
781high standard to clearly and accurately indicate all essential
782parts of the work to which they refer.
783     (6)(10)  Each registered architect or interior designer,
784and each corporation, limited liability company, or partnership
785holding a certificate of authorization, shall include its
786certificate number in any newspaper, telephone directory, or
787other advertising medium used by the registered architect,
788interior designer, corporation, limited liability company, or
789partnership. A corporation, limited liability company, or
790partnership is not required to display the certificate number of
791individual registered architects or interior designers employed
792by or working within the corporation, limited liability company,
793or partnership.
794     (7)(11)  When the certificate of registration of a
795registered architect or interior designer has been revoked or
796suspended by the board, the registered architect or interior
797designer shall surrender her or his seal to the secretary of the
798board within a period of 30 days after the revocation or
799suspension has become effective. If the certificate of the
800registered architect or interior designer has been suspended for
801a period of time, her or his seal shall be returned to her or
802him upon expiration of the suspension period.
803     (8)(12)  A person may not sign and seal by any means any
804final plan, specification, or report after her or his
805certificate of registration has expired or is suspended or
806revoked. A registered architect or interior designer whose
807certificate of registration is suspended or revoked shall,
808within 30 days after the effective date of the suspension or
809revocation, surrender her or his seal to the executive director
810of the board and confirm in writing to the executive director
811the cancellation of the registered architect's or interior
812designer's electronic signature in accordance with ss. 668.001-
813668.006. When a registered architect's or interior designer's
814certificate of registration is suspended for a period of time,
815her or his seal shall be returned upon expiration of the period
816of suspension.
817     Section 26.  Section 481.222, Florida Statutes, is amended
818to read:
819     481.222  Architects performing building code inspection
820services.-Notwithstanding any other provision of law, a person
821who is currently licensed to practice as an architect under this
822part may provide building code inspection services described in
823s. 468.603(6) and (7) to a local government or state agency upon
824its request, without being certified by the Florida Building
825Code Administrators and Inspectors Board under part XII of
826chapter 468. With respect to the performance of such building
827code inspection services, the architect is subject to the
828disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
829Any complaint processing, investigation, and discipline that
830arise out of an architect's performance of building code
831inspection services shall be conducted by the Board of
832Architecture and Interior Design rather than the Florida
833Building Code Administrators and Inspectors Board. An architect
834may not perform plans review as an employee of a local
835government upon any job that the architect or the architect's
836company designed.
837     Section 27.  Section 481.223, Florida Statutes, is amended
838to read:
839     481.223  Prohibitions; penalties; injunctive relief.-
840     (1)  A person may not knowingly:
841     (a)  Practice architecture unless the person is an
842architect or a registered architect; however, a licensed
843architect who has been licensed by the board and who chooses to
844relinquish or not to renew his or her license may use the title
845"Architect, Retired" but may not otherwise render any
846architectural services.
847     (b)  Practice interior design unless the person is a
848registered interior designer unless otherwise exempted herein;
849however, an interior designer who has been licensed by the board
850and who chooses to relinquish or not to renew his or her license
851may use the title "Interior Designer, Retired" but may not
852otherwise render any interior design services.
853     (b)(c)  Use the name or title "architect" or "registered
854architect," or "interior designer" or "registered interior
855designer," or words to that effect, when the person is not then
856the holder of a valid license issued pursuant to this part.
857     (c)(d)  Present as his or her own the license of another.
858     (d)(e)  Give false or forged evidence to the board or a
859member thereof.
860     (e)(f)  Use or attempt to use an architect or interior
861designer license that has been suspended, revoked, or placed on
862inactive or delinquent status.
863     (f)(g)  Employ unlicensed persons to practice architecture
864or interior design.
865     (g)(h)  Conceal information relative to violations of this
866part.
867     (2)  Any person who violates any provision of subsection
868(1) commits a misdemeanor of the first degree, punishable as
869provided in s. 775.082 or s. 775.083.
870     (3)(a)  Notwithstanding chapter 455 or any other law to the
871contrary, an affected person may maintain an action for
872injunctive relief to restrain or prevent a person from violating
873paragraph (1)(a), paragraph (1)(b), or paragraph (1)(b)(c). The
874prevailing party is entitled to actual costs and attorney's
875fees.
876     (b)  For purposes of this subsection, the term "affected
877person" means a person directly affected by the actions of a
878person suspected of violating paragraph (1)(a), paragraph
879(1)(b), or paragraph (1)(b)(c) and includes, but is not limited
880to, the department, any person who received services from the
881alleged violator, or any private association composed primarily
882of members of the profession the alleged violator is practicing
883or offering to practice or holding himself or herself out as
884qualified to practice.
885     Section 28.  Section 481.2251, Florida Statutes, is
886repealed.
887
888     Section 29.  Subsections (5) through (8) of section
889481.229, Florida Statutes, are amended to read:
890     481.229  Exceptions; exemptions from licensure.-
891     (5)(a)  Nothing contained in this part shall prevent a
892registered architect or a partnership, limited liability
893company, or corporation holding a valid certificate of
894authorization to provide architectural services from performing
895any interior design service or from using the title "interior
896designer" or "registered interior designer."
897     (b)  Notwithstanding any other provision of this part, all
898persons licensed as architects under this part shall be
899qualified for interior design licensure upon submission of a
900completed application for such license and a fee not to exceed
901$30. Such persons shall be exempt from the requirements of s.
902481.209(2). For architects licensed as interior designers,
903satisfaction of the requirements for renewal of licensure as an
904architect under s. 481.215 shall be deemed to satisfy the
905requirements for renewal of licensure as an interior designer
906under that section. Complaint processing, investigation, or
907other discipline-related legal costs related to persons licensed
908as interior designers under this paragraph shall be assessed
909against the architects' account of the Regulatory Trust Fund.
910     (c)  Notwithstanding any other provision of this part, any
911corporation, partnership, or person operating under a fictitious
912name which holds a certificate of authorization to provide
913architectural services shall be qualified, without fee, for a
914certificate of authorization to provide interior design services
915upon submission of a completed application therefor. For
916corporations, partnerships, and persons operating under a
917fictitious name which hold a certificate of authorization to
918provide interior design services, satisfaction of the
919requirements for renewal of the certificate of authorization to
920provide architectural services under s. 481.219 shall be deemed
921to satisfy the requirements for renewal of the certificate of
922authorization to provide interior design services under that
923section.
924     (6)  This part shall not apply to:
925     (a)  A person who performs interior design services or
926interior decorator services for any residential application,
927provided that such person does not advertise as, or represent
928himself or herself as, an interior designer. For purposes of
929this paragraph, "residential applications" includes all types of
930residences, including, but not limited to, residence buildings,
931single-family homes, multifamily homes, townhouses, apartments,
932condominiums, and domestic outbuildings appurtenant to one-
933family or two-family residences. However, "residential
934applications" does not include common areas associated with
935instances of multiple-unit dwelling applications.
936     (b)  An employee of a retail establishment providing
937"interior decorator services" on the premises of the retail
938establishment or in the furtherance of a retail sale or
939prospective retail sale, provided that such employee does not
940advertise as, or represent himself or herself as, an interior
941designer.
942     (5)(7)  Nothing in This part may not shall be construed as
943authorizing or permitting an interior designer to engage in the
944business of, or to act as, a contractor within the meaning of
945chapter 489, unless registered or certified as a contractor
946pursuant to chapter 489.
947     (6)(8)  A manufacturer of commercial food service equipment
948or the manufacturer's representative, distributor, or dealer or
949an employee thereof, who prepares designs, specifications, or
950layouts for the sale or installation of such equipment is exempt
951from licensure as an architect or interior designer, if:
952     (a)  The designs, specifications, or layouts are not used
953for construction or installation that may affect structural,
954mechanical, plumbing, heating, air conditioning, ventilating,
955electrical, or vertical transportation systems.
956     (b)  The designs, specifications, or layouts do not
957materially affect lifesafety systems pertaining to firesafety
958protection, smoke evacuation and compartmentalization, and
959emergency ingress or egress systems.
960     (c)  Each design, specification, or layout document
961prepared by a person or entity exempt under this subsection
962contains a statement on each page of the document that the
963designs, specifications, or layouts are not architectural,
964interior design, or engineering designs, specifications, or
965layouts and not used for construction unless reviewed and
966approved by a licensed architect or engineer.
967     Section 30.  Subsection (1) of section 481.231, Florida
968Statutes, is amended to read:
969     481.231  Effect of part locally.-
970     (1)  Nothing in This part does not shall be construed to
971repeal, amend, limit, or otherwise affect any specific provision
972of any local building code or zoning law or ordinance that has
973been duly adopted, now or hereafter enacted, which is more
974restrictive, with respect to the services of registered
975architects or registered interior designers, than the provisions
976of this part; provided, however, that a licensed architect shall
977be deemed licensed as an interior designer for purposes of
978offering or rendering interior design services to a county,
979municipality, or other local government or political
980subdivision.
981     Section 31.  Paragraph (c) of subsection (5) of section
982553.79, Florida Statutes, is amended to read:
983     553.79  Permits; applications; issuance; inspections.-
984     (5)
985     (c)  The architect or engineer of record may act as the
986special inspector provided she or he is on the Board of
987Professional Engineers' or the Board of Architecture's
988Architecture and Interior Design's list of persons qualified to
989be special inspectors. School boards may utilize employees as
990special inspectors provided such employees are on one of the
991professional licensing board's list of persons qualified to be
992special inspectors.
993     Section 32.  Subsection (7) of section 558.002, Florida
994Statutes, is amended to read:
995     558.002  Definitions.-As used in this chapter, the term:
996     (7)  "Design professional" means a person, as defined in s.
9971.01, licensed in this state as an architect, interior designer,
998landscape architect, engineer, or surveyor.
999     Section 33.  Subsection (1) of section 509.242, Florida
1000Statutes, is amended to read:
1001     509.242  Public lodging establishments; classifications.-
1002     (1)  A public lodging establishment shall be classified as
1003a hotel, motel, resort condominium, nontransient apartment,
1004transient apartment, roominghouse, bed and breakfast inn, or
1005resort dwelling if the establishment satisfies the following
1006criteria:
1007     (a)  Hotel.-A hotel is any public lodging establishment
1008containing sleeping room accommodations for 25 or more guests
1009and providing the services generally provided by a hotel and
1010recognized as a hotel in the community in which it is situated
1011or by the industry.
1012     (b)  Motel.-A motel is any public lodging establishment
1013which offers rental units with an exit to the outside of each
1014rental unit, daily or weekly rates, offstreet parking for each
1015unit, a central office on the property with specified hours of
1016operation, a bathroom or connecting bathroom for each rental
1017unit, and at least six rental units, and which is recognized as
1018a motel in the community in which it is situated or by the
1019industry.
1020     (c)  Resort condominium.-A resort condominium is any unit
1021or group of units in a condominium, cooperative, or timeshare
1022plan which is rented more than three times in a calendar year
1023for periods of less than 30 days or 1 calendar month, whichever
1024is less, or which is advertised or held out to the public as a
1025place regularly rented for periods of less than 30 days or 1
1026calendar month, whichever is less.
1027     (d)  Nontransient apartment or roominghouse.-A nontransient
1028apartment or roominghouse is a building or complex of buildings
1029in which 75 percent or more of the units are available for rent
1030to nontransient tenants.
1031     (e)  Transient apartment or roominghouse.-A transient
1032apartment or roominghouse is a building or complex of buildings
1033in which more than 25 percent of the units are advertised or
1034held out to the public as available for transient occupancy.
1035     (f)  Roominghouse.-A roominghouse is any public lodging
1036establishment that may not be classified as a hotel, motel,
1037resort condominium, nontransient apartment, bed and breakfast
1038inn, or transient apartment under this section. A roominghouse
1039includes, but is not limited to, a boardinghouse.
1040     (f)(g)  Resort dwelling.-A resort dwelling is any
1041individually or collectively owned one-family, two-family,
1042three-family, or four-family dwelling house or dwelling unit
1043which is rented more than three times in a calendar year for
1044periods of less than 30 days or 1 calendar month, whichever is
1045less, or which is advertised or held out to the public as a
1046place regularly rented for periods of less than 30 days or 1
1047calendar month, whichever is less.
1048     (g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
1049family home structure, with no more than 15 sleeping rooms,
1050which has been modified to serve as a transient public lodging
1051establishment, which provides the accommodation and meal
1052services generally offered by a bed and breakfast inn, and which
1053is recognized as a bed and breakfast inn in the community in
1054which it is situated or by the hospitality industry.
1055     Section 34.  Subsection (9) of section 509.221, Florida
1056Statutes, is amended to read:
1057     509.221  Sanitary regulations.-
1058     (9)  Subsections (2), (5), and (6) do not apply to any
1059facility or unit classified as a resort condominium,
1060nontransient apartment, or resort dwelling as described in s.
1061509.242(1)(c), (d), and (f)(g).
1062     Section 35.  Chapter 555, Florida Statutes, consisting of
1063sections 555.01, 555.02, 555.03, 555.04, 555.05, 555.07, and
1064555.08, is repealed.
1065     Section 36.  Part VIII of chapter 559, Florida Statutes,
1066consisting of sections 559.80, 559.801, 559.802, 559.803,
1067559.805, 559.807, 559.809, 559.811, 559.813, and 559.815, is
1068repealed.
1069     Section 37.  Section 205.1971, Florida Statutes, is amended
1070to read:
1071     205.1971  Sellers of travel; consumer protection.-A county
1072or municipality may not issue or renew a business tax receipt to
1073engage in business as a seller of travel pursuant to part X XI
1074of chapter 559 unless such business exhibits a current
1075registration or letter of exemption from the Department of
1076Agriculture and Consumer Services.
1077     Section 38.  Subsection (20) of section 501.604, Florida
1078Statutes, is amended to read:
1079     501.604  Exemptions.-The provisions of this part, except
1080ss. 501.608 and 501.616(6) and (7), do not apply to:
1081     (20)  A person who is registered pursuant to part X XI of
1082chapter 559 and who is soliciting within the scope of the
1083registration.
1084     Section 39.  Paragraph (d) of subsection (3) of section
1085721.11, Florida Statutes, is amended to read:
1086     721.11  Advertising materials; oral statements.-
1087     (3)  The term "advertising material" does not include:
1088     (d)  Any audio, written, or visual publication or material
1089relating to the promotion of the availability of any
1090accommodations or facilities, or both, for transient rental,
1091including any arrangement governed by part X XI of chapter 559,
1092so long as a mandatory tour of a timeshare plan or attendance at
1093a mandatory sales presentation is not a term or condition of the
1094availability of such accommodations or facilities, or both, and
1095so long as the failure of any transient renter to take a tour of
1096a timeshare plan or attend a sales presentation does not result
1097in the transient renter receiving less than what was promised to
1098the transient renter in such materials.
1099     Section 40.  Section 686.201, Florida Statutes, is
1100repealed.
1101     Section 41.  Section 817.559, Florida Statutes, is
1102repealed.
1103     Section 42.  The Legislature recognizes that there is a
1104need to conform the Florida Statutes to the policy decisions
1105reflected in the provisions of this act. The Division of
1106Statutory Revision of the Office of Legislative Services is
1107requested to provide the relevant substantive committees and
1108subcommittees of the Senate and the House of Representatives
1109with assistance, upon request, to enable such committees or
1110subcommittees to prepare draft legislation to conform the
1111Florida Statutes to the provisions of this act.
1112     Section 43.  This act shall take effect July 1, 2011.
1113
1114
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1115
T I T L E  A M E N D M E N T
1116     Remove the entire title and insert:
1117
A bill to be entitled
1118An act relating to the deregulation of professions and
1119occupations; amending s. 20.165, F.S.; renaming the Board
1120of Architecture and Interior Design, to conform to changes
1121made by the act; amending s. 468.385, F.S.; deleting
1122licensure requirements for auctioneer apprentices;
1123amending ss. 468.381, 468.384, 468.3855, 468.388, and
1124468.391, F.S., to conform; amending s. 468.383, F.S.;
1125exempting certain auctioneers conducting motor vehicle
1126auction contests from licensure; amending s. 477.0132,
1127F.S.; deleting provisions requiring the registration of
1128persons whose occupation or practice is confined solely to
1129hair braiding, hair wrapping, or body wrapping; providing
1130that the Florida Cosmetology Act does not apply to such
1131persons; amending ss. 477.019, 477.026, 477.0265, and
1132477.029, F.S., to conform; amending s. 481.2131, F.S.;
1133deleting provisions relating to the registration of
1134interior designers and the regulation of interior design;
1135providing that the practice of interior design does not
1136require licensure; repealing s. 481.2251, F.S., relating
1137to the disciplinary proceedings against registered
1138interior designers; amending s. 481.201, F.S.; deleting
1139legislative findings relating to the practice of interior
1140design, to conform; amending s. 481.203, F.S.; revising
1141definitions relating to the practice of architecture and
1142the practice of interior design; amending s. 481.205,
1143F.S.; renaming the Board of Architecture and Interior
1144Design, to conform; revising membership of the board;
1145conforming provisions; amending ss. 481.207, 481.209,
1146481.211, 481.213, 481.215, and 481.217, F.S., to conform;
1147amending s. 481.219, F.S.; deleting provisions permitting
1148the practice of or offer to practice interior design
1149through certain business organizations; deleting
1150provisions requiring certificates of authorization for
1151certain business organizations offering interior design
1152services to the public; conforming provisions; amending
1153ss. 481.221, 481.222, 481.223, 481.229, 481.231, and
1154553.79, F.S., to conform; amending s. 558.002, F.S.;
1155revising the definition of "design professional" for
1156purposes of provisions relating to alternative dispute
1157resolution of construction defects, to conform; amending
1158s. 509.242, F.S.; revising the license classifications of
1159public lodging establishments for purposes of provisions
1160regulating such establishments; amending s. 509.221, F.S.;
1161conforming a cross-reference; repealing chapter 555, F.S.,
1162relating to the regulation of outdoor theaters in which
1163audiences view performances from parked vehicles;
1164repealing part VIII of chapter 559, F.S., relating to the
1165Sale of Business Opportunities Act and the regulation of
1166certain business opportunities; amending ss. 205.1971,
1167501.604, and 721.11, F.S.; conforming a cross-reference;
1168repealing s. 686.201, F.S., relating to contracts with
1169sales representatives involving commissions; repealing s.
1170817.559, F.S., relating to the labeling of television
1171picture tubes; providing a directive to the Division of
1172Statutory Revision; providing an effective date.


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