Florida Senate - 2017                                    SB 1396
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00188A-17                                          20171396__
    1                        A bill to be entitled                      
    2         An act relating to regulated professions and
    3         occupations; amending s. 326.004, F.S.; deleting a
    4         requirement that yacht and ship brokers maintain a
    5         separate license for each branch office and a
    6         requirement that the Division of Florida Condominiums,
    7         Timeshares, and Mobile Homes establish a certain fee;
    8         amending s. 447.02, F.S.; deleting a definition;
    9         repealing s. 447.04, F.S., relating to business
   10         agents, licenses, and permits; repealing s. 447.041,
   11         F.S., relating to hearings; repealing s. 447.045,
   12         F.S., relating to certain confidential information;
   13         repealing s. 447.06, F.S., relating to the required
   14         registration of labor organizations; amending s.
   15         447.09, F.S.; deleting prohibitions against specified
   16         actions; repealing s. 447.12, F.S., relating to
   17         registration fees; repealing s. 447.16, F.S., relating
   18         to the applicability of ch. 447, F.S.; repealing part
   19         VII of ch. 468, F.S., relating to the regulation of
   20         talent agencies; amending s. 468.451, F.S.; revising
   21         legislative intent related to the regulation of
   22         athlete agents; reordering and amending s. 468.452,
   23         F.S.; deleting the term “department”; repealing s.
   24         468.453, F.S., relating to the licensure of athlete
   25         agents; repealing s. 468.4536, F.S., relating to
   26         renewal of such licenses; amending s. 468.454, F.S.;
   27         revising the information that must be stated in agent
   28         contracts; deleting a condition under which an agent
   29         contract is void and unenforceable; repealing s.
   30         468.456, F.S., relating to prohibited acts for athlete
   31         agents; repealing s. 468.4561, F.S., relating to
   32         unlicensed activity and penalties for violations;
   33         amending s. 468.45615, F.S.; conforming provisions to
   34         changes made by the act; amending s. 468.4565, F.S.;
   35         deleting provisions authorizing the Department of
   36         Business and Professional Regulation to access and
   37         inspect certain records of athlete agents, to take
   38         certain related disciplinary actions, and to exercise
   39         certain subpoena powers; repealing s. 468.457, F.S.,
   40         relating to rulemaking authority; amending s. 469.006,
   41         F.S.; requiring that a license be in the name of a
   42         qualifying agent, rather than the name of a business
   43         organization; requiring the qualifying agent, rather
   44         than the business organization, to report certain
   45         changes in information; conforming provisions to
   46         changes made by the act; amending s. 469.009, F.S.;
   47         deleting the authority of the department to reprimand,
   48         censure, or impose probation on certain business
   49         organizations; amending s. 477.013, F.S.; redefining
   50         the term “hair braiding”; amending s. 477.0132, F.S.;
   51         excluding the practices of hair wrapping and body
   52         wrapping from regulation under the Florida Cosmetology
   53         Act; amending s. 477.0135, F.S.; providing that a
   54         license or registration is not required for a person
   55         whose occupation or practice is confined solely to
   56         adding polish to nails or solely to hair wrapping or
   57         body wrapping; amending ss. 477.019, 477.026,
   58         477.0265, and 477.029, F.S.; conforming provisions to
   59         changes made by the act; amending s. 481.203, F.S.;
   60         defining the term “business organization”; deleting
   61         the definition of the term “certificate of
   62         authorization”; amending s. 481.219, F.S.; revising
   63         the process by which a business organization obtains
   64         the requisite license to perform architectural
   65         services; requiring that a licensee or an applicant
   66         apply to qualify a business organization under certain
   67         circumstances; specifying application requirements;
   68         authorizing the Board of Architecture and Interior
   69         Design to deny an application under certain
   70         circumstances; requiring that a qualifying agent be a
   71         registered architect or a registered interior designer
   72         under certain circumstances; requiring that a
   73         qualifying agent notify the department when she or he
   74         ceases to be affiliated with a business organization;
   75         prohibiting a business organization from engaging in
   76         certain practices until it is qualified by a
   77         qualifying agent; authorizing a business organization
   78         to proceed with specified contracts under a temporary
   79         certificate in certain circumstances; defining the
   80         term “incomplete contract”; requiring the qualifying
   81         agent to give written notice to the department before
   82         engaging in an architectural or interior design
   83         practice under her or his own name or in affiliation
   84         with another business organization; requiring the
   85         board to allow an applicant to qualify one or more
   86         business organizations or to operate using a
   87         fictitious name under certain circumstances;
   88         conforming provisions to changes made by the act;
   89         amending ss. 481.221 and 481.229, F.S.; conforming
   90         provisions to changes made by the act; reordering and
   91         amending s. 481.303, F.S.; deleting the term
   92         “certificate of authorization”; amending s. 481.321,
   93         F.S.; revising provisions that require persons to
   94         display certificate numbers under certain
   95         circumstances; conforming provisions to changes made
   96         by the act; amending ss. 481.311, 481.317, and
   97         481.319, F.S.; conforming provisions to changes made
   98         by the act; amending s. 481.329, F.S.; conforming a
   99         cross-reference; amending s. 489.503, F.S.; deleting
  100         an exemption from regulation for certain persons;
  101         amending s. 489.518, F.S.; exempting certain persons
  102         from initial training for burglar alarm system agents;
  103         providing an effective date.
  104          
  105  Be It Enacted by the Legislature of the State of Florida:
  106  
  107         Section 1. Subsection (13) of section 326.004, Florida
  108  Statutes, is amended to read:
  109         326.004 Licensing.—
  110         (13) Each broker must maintain a principal place of
  111  business in this state and may establish branch offices in the
  112  state. A separate license must be maintained for each branch
  113  office. The division shall establish by rule a fee not to exceed
  114  $100 for each branch office license.
  115         Section 2. Subsection (3) of section 447.02, Florida
  116  Statutes, is amended to read:
  117         447.02 Definitions.—The following terms, when used in this
  118  chapter, shall have the meanings ascribed to them in this
  119  section:
  120         (3) The term “department” means the Department of Business
  121  and Professional Regulation.
  122         Section 3. Section 447.04, Florida Statutes, is repealed.
  123         Section 4. Section 447.041, Florida Statutes, is repealed.
  124         Section 5. Section 447.045, Florida Statutes, is repealed.
  125         Section 6. Section 447.06, Florida Statutes, is repealed.
  126         Section 7. Subsections (6) and (8) of section 447.09,
  127  Florida Statutes, are amended to read:
  128         447.09 Right of franchise preserved; penalties.—It shall be
  129  unlawful for any person:
  130         (6) To act as a business agent without having obtained and
  131  possessing a valid and subsisting license or permit.
  132         (8) To make any false statement in an application for a
  133  license.
  134         Section 8. Section 447.12, Florida Statutes, is repealed.
  135         Section 9. Section 447.16, Florida Statutes, is repealed.
  136         Section 10. Part VII of chapter 468, Florida Statutes,
  137  consisting of ss. 468.401, 468.402, 468.403, 468.404, 468.405,
  138  468.406, 468.407, 468.408, 468.409, 468.410, 468.411, 468.412,
  139  468.413, 468.414, and 468.415, Florida Statutes, is repealed.
  140         Section 11. Section 468.451, Florida Statutes, is amended
  141  to read:
  142         468.451 Legislative findings and intent.—The Legislature
  143  finds that dishonest or unscrupulous practices by agents who
  144  solicit representation of student athletes can cause significant
  145  harm to student athletes and the academic institutions for which
  146  they play. It is the intent of the Legislature to provide civil
  147  and criminal causes of action against athlete agents to protect
  148  the interests of student athletes and academic institutions by
  149  regulating the activities of athlete agents.
  150         Section 12. Subsections (4) through (7) of section 468.452,
  151  Florida Statutes, are reordered and amended to read:
  152         468.452 Definitions.—For purposes of this part, the term:
  153         (4) “Department” means the Department of Business and
  154  Professional Regulation.
  155         (6)(5) “Student athlete” means any student who:
  156         (a) Resides in Florida, has informed, in writing, a college
  157  or university of the student’s intent to participate in that
  158  school’s intercollegiate athletics, or who does participate in
  159  that school’s intercollegiate athletics and is eligible to do
  160  so; or
  161         (b) Does not reside in Florida, but has informed, in
  162  writing, a college or university in Florida of the student’s
  163  intent to participate in that school’s intercollegiate
  164  athletics, or who does participate in that school’s
  165  intercollegiate athletics and is eligible to do so.
  166         (4)(6) “Financial services” means the counseling on or the
  167  making or execution of investment and other financial decisions
  168  by the agent on behalf of the student athlete.
  169         (5)(7) “Participation” means practicing, competing, or
  170  otherwise representing a college or university in
  171  intercollegiate athletics.
  172         Section 13. Section 468.453, Florida Statutes, is repealed.
  173         Section 14. Section 468.4536, Florida Statutes, is
  174  repealed.
  175         Section 15. Subsections (2) and (12) of section 468.454,
  176  Florida Statutes, are amended to read:
  177         468.454 Contracts.—
  178         (2) An agent contract must state:
  179         (a) The amount and method of calculating the consideration
  180  to be paid by the student athlete for services to be provided by
  181  the athlete agent and any other consideration the agent has
  182  received or will receive from any other source under the
  183  contract;
  184         (b) The name of any person not listed in the licensure
  185  application who will be compensated because the student athlete
  186  signed the agent contract;
  187         (c) A description of any expenses that the student athlete
  188  agrees to reimburse;
  189         (d) A description of the services to be provided to the
  190  student athlete;
  191         (e) The duration of the contract; and
  192         (f) The date of execution.
  193         (12) An agent contract between a student athlete and a
  194  person not licensed under this part is void and unenforceable.
  195         Section 16. Section 468.456, Florida Statutes, is repealed.
  196         Section 17. Section 468.4561, Florida Statutes, is
  197  repealed.
  198         Section 18. Section 468.45615, Florida Statutes, is amended
  199  to read:
  200         468.45615 Provision of illegal inducements to athletes
  201  prohibited; penalties; license suspension.—
  202         (1) A Any person who offers anything of value to another
  203  person to induce a student athlete to enter into an agreement by
  204  which the athlete agent will represent the student athlete
  205  commits violates s. 468.456(1)(f) is guilty of a felony of the
  206  second degree, punishable as provided in s. 775.082, s. 775.083,
  207  s. 775.084, s. 775.089, or s. 775.091. Negotiations regarding an
  208  athlete agent’s fee are not considered an inducement.
  209         (2)(a) Regardless of whether adjudication is withheld, any
  210  person convicted or found guilty of, or entering a plea of nolo
  211  contendere to, the violation described in subsection (1) may
  212  shall not employ, utilize, or otherwise collaborate with an a
  213  licensed or unlicensed athlete agent in Florida to illegally
  214  recruit or solicit student athletes. Any person who violates the
  215  provisions of this subsection is guilty of a felony of the
  216  second degree, punishable as provided in s. 775.082, s. 775.083,
  217  s. 775.084, s. 775.089, or s. 775.091.
  218         (b) Regardless of whether adjudication is withheld, any
  219  person who knowingly actively assists in the illegal recruitment
  220  or solicitation of student athletes for a person who has been
  221  convicted or found guilty of, or entered a plea of nolo
  222  contendere to, a violation of this section is guilty of a felony
  223  of the second degree, punishable as provided in s. 775.082, s.
  224  775.083, s. 775.084, s. 775.089, or s. 775.091.
  225         (3) In addition to any other penalties provided in this
  226  section, the court may suspend the license of the person pending
  227  the outcome of any administrative action against the person by
  228  the department.
  229         (3)(4)(a) An athlete agent, with the intent to induce a
  230  student athlete to enter into an agent contract, may not:
  231         1. Give any materially false or misleading information or
  232  make a materially false promise or representation;
  233         2. Furnish anything of value to a student athlete before
  234  the student athlete enters into the agent contract; or
  235         3. Furnish anything of value to any individual other than
  236  the student athlete or another athlete agent.
  237         (b) An athlete agent may not intentionally:
  238         1. Initiate contact with a student athlete unless licensed
  239  under this part;
  240         2. Refuse or fail to retain or permit inspection of the
  241  records required to be retained by s. 468.4565;
  242         3. Provide materially false or misleading information in an
  243  application for licensure;
  244         2.4. Predate or postdate an agent contract;
  245         3.5. Fail to give notice of the existence of an agent
  246  contract as required by s. 468.454(6); or
  247         4.6. Fail to notify a student athlete before the student
  248  athlete signs or otherwise authenticates an agent contract for a
  249  sport that the signing or authentication may make the student
  250  athlete ineligible to participate as a student athlete in that
  251  sport.
  252         (c) An athlete agent who violates this subsection commits a
  253  felony of the second degree, punishable as provided in s.
  254  775.082, s. 775.083, or s. 775.084.
  255         Section 19. Section 468.4565, Florida Statutes, is amended
  256  to read:
  257         468.4565 Business records requirement.—
  258         (1) An athlete agent shall establish and maintain complete
  259  financial and business records. The athlete agent shall save
  260  each entry into a financial or business record for at least 5
  261  years after from the date of entry. These records must include:
  262         (1)(a) The name and address of each individual represented
  263  by the athlete agent;
  264         (2)(b) Any agent contract entered into by the athlete
  265  agent; and
  266         (3)(c) Any direct costs incurred by the athlete agent in
  267  the recruitment or solicitation of a student athlete to enter
  268  into an agent contract.
  269         (2) The department shall have access to and shall have the
  270  right to inspect and examine the financial or business records
  271  of an athlete agent during normal business hours. Refusal or
  272  failure of an athlete agent to provide the department access to
  273  financial and business records shall be the basis for
  274  disciplinary action by the department pursuant to s. 455.225.
  275  The department may exercise its subpoena powers to obtain the
  276  financial and business records of an athlete agent.
  277         Section 20. Section 468.457, Florida Statutes, is repealed.
  278         Section 21. Paragraphs (a) and (e) of subsection (2),
  279  subsection (3), paragraph (b) of subsection (4), and subsection
  280  (6) of section 469.006, Florida Statutes, are amended to read:
  281         469.006 Licensure of business organizations; qualifying
  282  agents.—
  283         (2)(a) If the applicant proposes to engage in consulting or
  284  contracting as a partnership, corporation, business trust, or
  285  other legal entity, or in any name other than the applicant’s
  286  legal name, the legal entity must apply for licensure through a
  287  qualifying agent or the individual applicant must apply for
  288  licensure under the name of the business organization fictitious
  289  name.
  290         (e) A The license, when issued upon application of a
  291  business organization, must be in the name of the qualifying
  292  agent business organization, and the name of the business
  293  organization qualifying agent must be noted on the license
  294  thereon. If there is a change in any information that is
  295  required to be stated on the application, the qualifying agent
  296  business organization shall, within 45 days after such change
  297  occurs, mail the correct information to the department.
  298         (3) The qualifying agent must shall be licensed under this
  299  chapter in order for the business organization to be qualified
  300  licensed in the category of the business conducted for which the
  301  qualifying agent is licensed. If any qualifying agent ceases to
  302  be affiliated with such business organization, the agent shall
  303  so inform the department. In addition, if such qualifying agent
  304  is the only licensed individual affiliated with the business
  305  organization, the business organization shall notify the
  306  department of the termination of the qualifying agent and has
  307  shall have 60 days after from the date of termination of the
  308  qualifying agent’s affiliation with the business organization in
  309  which to employ another qualifying agent. The business
  310  organization may not engage in consulting or contracting until a
  311  qualifying agent is employed, unless the department has granted
  312  a temporary nonrenewable license to the financially responsible
  313  officer, the president, the sole proprietor, a partner, or, in
  314  the case of a limited partnership, the general partner, who
  315  assumes all responsibilities of a primary qualifying agent for
  316  the entity. This temporary license only allows shall only allow
  317  the entity to proceed with incomplete contracts.
  318         (4)
  319         (b) Upon a favorable determination by the department, after
  320  investigation of the financial responsibility, credit, and
  321  business reputation of the qualifying agent and the new business
  322  organization, the department shall issue, without any
  323  examination, a new license in the qualifying agent’s business
  324  organization’s name, and the name of the business organization
  325  qualifying agent shall be noted on the license thereon.
  326         (6) Each qualifying agent shall pay the department an
  327  amount equal to the original fee for licensure of a new business
  328  organization. if the qualifying agent for a business
  329  organization desires to qualify additional business
  330  organizations., The department shall require the agent to
  331  present evidence of supervisory ability and financial
  332  responsibility of each such organization. Allowing a licensee to
  333  qualify more than one business organization must shall be
  334  conditioned upon the licensee showing that the licensee has both
  335  the capacity and intent to adequately supervise each business
  336  organization. The department may shall not limit the number of
  337  business organizations that which the licensee may qualify
  338  except upon the licensee’s failure to provide such information
  339  as is required under this subsection or upon a finding that the
  340  such information or evidence as is supplied is incomplete or
  341  unpersuasive in showing the licensee’s capacity and intent to
  342  comply with the requirements of this subsection. A qualification
  343  for an additional business organization may be revoked or
  344  suspended upon a finding by the department that the licensee has
  345  failed in the licensee’s responsibility to adequately supervise
  346  the operations of the business organization. Failure to
  347  adequately supervise the operations of a business organization
  348  is shall be grounds for denial to qualify additional business
  349  organizations.
  350         Section 22. Subsection (1) of section 469.009, Florida
  351  Statutes, is amended to read:
  352         469.009 License revocation, suspension, and denial of
  353  issuance or renewal.—
  354         (1) The department may revoke, suspend, or deny the
  355  issuance or renewal of a license; reprimand, censure, or place
  356  on probation any contractor, consultant, or financially
  357  responsible officer, or business organization; require financial
  358  restitution to a consumer; impose an administrative fine not to
  359  exceed $5,000 per violation; require continuing education; or
  360  assess costs associated with any investigation and prosecution
  361  if the contractor or consultant, or business organization or
  362  officer or agent thereof, is found guilty of any of the
  363  following acts:
  364         (a) Willfully or deliberately disregarding or violating the
  365  health and safety standards of the Occupational Safety and
  366  Health Act of 1970, the Construction Safety Act, the National
  367  Emission Standards for Asbestos, the Environmental Protection
  368  Agency Asbestos Abatement Projects Worker Protection Rule, the
  369  Florida Statutes or rules promulgated thereunder, or any
  370  ordinance enacted by a political subdivision of this state.
  371         (b) Violating any provision of chapter 455.
  372         (c) Failing in any material respect to comply with the
  373  provisions of this chapter or any rule promulgated hereunder.
  374         (d) Acting in the capacity of an asbestos contractor or
  375  asbestos consultant under any license issued under this chapter
  376  except in the name of the licensee as set forth on the issued
  377  license.
  378         (e) Proceeding on any job without obtaining all applicable
  379  approvals, authorizations, permits, and inspections.
  380         (f) Obtaining a license by fraud or misrepresentation.
  381         (g) Being convicted or found guilty of, or entering a plea
  382  of nolo contendere to, regardless of adjudication, a crime in
  383  any jurisdiction which directly relates to the practice of
  384  asbestos consulting or contracting or the ability to practice
  385  asbestos consulting or contracting.
  386         (h) Knowingly violating any building code, lifesafety code,
  387  or county or municipal ordinance relating to the practice of
  388  asbestos consulting or contracting.
  389         (i) Performing any act which assists a person or entity in
  390  engaging in the prohibited unlicensed practice of asbestos
  391  consulting or contracting, if the licensee knows or has
  392  reasonable grounds to know that the person or entity was
  393  unlicensed.
  394         (j) Committing mismanagement or misconduct in the practice
  395  of contracting that causes financial harm to a customer.
  396  Financial mismanagement or misconduct occurs when:
  397         1. Valid liens have been recorded against the property of a
  398  contractor’s customer for supplies or services ordered by the
  399  contractor for the customer’s job; the contractor has received
  400  funds from the customer to pay for the supplies or services; and
  401  the contractor has not had the liens removed from the property,
  402  by payment or by bond, within 75 days after the date of such
  403  liens;
  404         2. The contractor has abandoned a customer’s job and the
  405  percentage of completion is less than the percentage of the
  406  total contract price paid to the contractor as of the time of
  407  abandonment, unless the contractor is entitled to retain such
  408  funds under the terms of the contract or refunds the excess
  409  funds within 30 days after the date the job is abandoned; or
  410         3. The contractor’s job has been completed, and it is shown
  411  that the customer has had to pay more for the contracted job
  412  than the original contract price, as adjusted for subsequent
  413  change orders, unless such increase in cost was the result of
  414  circumstances beyond the control of the contractor, was the
  415  result of circumstances caused by the customer, or was otherwise
  416  permitted by the terms of the contract between the contractor
  417  and the customer.
  418         (k) Being disciplined by any municipality or county for an
  419  act or violation of this chapter.
  420         (l) Failing in any material respect to comply with the
  421  provisions of this chapter, or violating a rule or lawful order
  422  of the department.
  423         (m) Abandoning an asbestos abatement project in which the
  424  asbestos contractor is engaged or under contract as a
  425  contractor. A project may be presumed abandoned after 20 days if
  426  the contractor terminates the project without just cause and
  427  without proper notification to the owner, including the reason
  428  for termination; if the contractor fails to reasonably secure
  429  the project to safeguard the public while work is stopped; or if
  430  the contractor fails to perform work without just cause for 20
  431  days.
  432         (n) Signing a statement with respect to a project or
  433  contract falsely indicating that the work is bonded; falsely
  434  indicating that payment has been made for all subcontracted
  435  work, labor, and materials which results in a financial loss to
  436  the owner, purchaser, or contractor; or falsely indicating that
  437  workers’ compensation and public liability insurance are
  438  provided.
  439         (o) Committing fraud or deceit in the practice of asbestos
  440  consulting or contracting.
  441         (p) Committing incompetency or misconduct in the practice
  442  of asbestos consulting or contracting.
  443         (q) Committing gross negligence, repeated negligence, or
  444  negligence resulting in a significant danger to life or property
  445  in the practice of asbestos consulting or contracting.
  446         (r) Intimidating, threatening, coercing, or otherwise
  447  discouraging the service of a notice to owner under part I of
  448  chapter 713 or a notice to contractor under chapter 255 or part
  449  I of chapter 713.
  450         (s) Failing to satisfy, within a reasonable time, the terms
  451  of a civil judgment obtained against the licensee, or the
  452  business organization qualified by the licensee, relating to the
  453  practice of the licensee’s profession.
  454  
  455  For the purposes of this subsection, construction is considered
  456  to be commenced when the contract is executed and the contractor
  457  has accepted funds from the customer or lender.
  458         Section 23. Subsection (9) of section 477.013, Florida
  459  Statutes, is amended to read:
  460         477.013 Definitions.—As used in this chapter:
  461         (9) “Hair braiding” means the weaving or interweaving of
  462  natural human hair for compensation without cutting, coloring,
  463  permanent waving, relaxing, removing, or chemical treatment and
  464  does not include the use of hair extensions or wefts.
  465         Section 24. Section 477.0132, Florida Statutes, is amended
  466  to read:
  467         477.0132 Hair braiding, hair wrapping, and body wrapping
  468  registration.—
  469         (1)(a) Persons whose occupation or practice is confined
  470  solely to hair braiding must register with the department, pay
  471  the applicable registration fee, and take a two-day 16-hour
  472  course. The course shall be board approved and consist of 5
  473  hours of HIV/AIDS and other communicable diseases, 5 hours of
  474  sanitation and sterilization, 4 hours of disorders and diseases
  475  of the scalp, and 2 hours of studies regarding laws affecting
  476  hair braiding.
  477         (b) Persons whose occupation or practice is confined solely
  478  to hair wrapping must register with the department, pay the
  479  applicable registration fee, and take a one-day 6-hour course.
  480  The course shall be board approved and consist of education in
  481  HIV/AIDS and other communicable diseases, sanitation and
  482  sterilization, disorders and diseases of the scalp, and studies
  483  regarding laws affecting hair wrapping.
  484         (c) Unless otherwise licensed or exempted from licensure
  485  under this chapter, any person whose occupation or practice is
  486  body wrapping must register with the department, pay the
  487  applicable registration fee, and take a two-day 12-hour course.
  488  The course shall be board approved and consist of education in
  489  HIV/AIDS and other communicable diseases, sanitation and
  490  sterilization, disorders and diseases of the skin, and studies
  491  regarding laws affecting body wrapping.
  492         (d) Only the board may review, evaluate, and approve a
  493  course required of an applicant for registration under this
  494  subsection in the occupation or practice of hair braiding, hair
  495  wrapping, or body wrapping. A provider of such a course is not
  496  required to hold a license under chapter 1005.
  497         (2) Hair braiding is, hair wrapping, and body wrapping are
  498  not required to be practiced in a cosmetology salon or specialty
  499  salon. When hair braiding, hair wrapping, or body wrapping is
  500  practiced outside a cosmetology salon or specialty salon,
  501  disposable implements must be used or all implements must be
  502  sanitized in a disinfectant approved for hospital use or
  503  approved by the federal Environmental Protection Agency.
  504         (3) Pending issuance of registration, a person is eligible
  505  to practice hair braiding, hair wrapping, or body wrapping upon
  506  submission of a registration application that includes proof of
  507  successful completion of the education requirements and payment
  508  of the applicable fees required by this chapter.
  509         Section 25. Subsections (7), (8), and (9) are added to
  510  section 477.0135, Florida Statutes, to read:
  511         477.0135 Exemptions.—
  512         (7) A license or registration is not required for a person
  513  whose occupation or practice is confined solely to adding polish
  514  to fingernails and toenails.
  515         (8) A license or registration is not required for a person
  516  whose occupation or practice is confined solely to hair wrapping
  517  as defined in s. 477.013(10).
  518         (9) A license or registration is not required for a person
  519  whose occupation or practice is confined solely to body wrapping
  520  as defined in s. 477.013(12).
  521         Section 26. Paragraph (b) of subsection (7) of section
  522  477.019, Florida Statutes, is amended to read:
  523         477.019 Cosmetologists; qualifications; licensure;
  524  supervised practice; license renewal; endorsement; continuing
  525  education.—
  526         (7)
  527         (b) Any person whose occupation or practice is confined
  528  solely to hair braiding, hair wrapping, or body wrapping is
  529  exempt from the continuing education requirements of this
  530  subsection.
  531         Section 27. Paragraph (f) of subsection (1) of section
  532  477.026, Florida Statutes, is amended to read:
  533         477.026 Fees; disposition.—
  534         (1) The board shall set fees according to the following
  535  schedule:
  536         (f) For hair braiders, hair wrappers, and body wrappers,
  537  fees for registration shall not exceed $25.
  538         Section 28. Paragraph (f) of subsection (1) of section
  539  477.0265, Florida Statutes, is amended to read:
  540         477.0265 Prohibited acts.—
  541         (1) It is unlawful for any person to:
  542         (f) Advertise or imply that skin care services or body
  543  wrapping, as performed under this chapter, have any relationship
  544  to the practice of massage therapy as defined in s. 480.033(3),
  545  except those practices or activities defined in s. 477.013.
  546         Section 29. Paragraph (a) of subsection (1) of section
  547  477.029, Florida Statutes, is amended to read:
  548         477.029 Penalty.—
  549         (1) It is unlawful for any person to:                    
  550         (a) Hold himself or herself out as a cosmetologist,
  551  specialist, or hair wrapper, hair braider, or body wrapper
  552  unless duly licensed or registered, or otherwise authorized, as
  553  provided in this chapter.
  554         Section 30. Subsection (5) of section 481.203, Florida
  555  Statutes, is amended to read:
  556         481.203 Definitions.—As used in this part:
  557         (5) “Business organization” means a partnership, a limited
  558  liability company, a corporation, or an individual operating
  559  under a fictitious name “Certificate of authorization” means a
  560  certificate issued by the department to a corporation or
  561  partnership to practice architecture or interior design.
  562         Section 31. Section 481.219, Florida Statutes, is amended
  563  to read:
  564         481.219 Business organization; qualifying agents
  565  Certification of partnerships, limited liability companies, and
  566  corporations.—
  567         (1) A licensee may The practice of or the offer to practice
  568  architecture or interior design by licensees through a business
  569  organization that offers corporation, limited liability company,
  570  or partnership offering architectural or interior design
  571  services to the public, or through by a business organization
  572  that offers corporation, limited liability company, or
  573  partnership offering architectural or interior design services
  574  to the public through such licensees under this part as agents,
  575  employees, officers, or partners, is permitted, subject to the
  576  provisions of this section.
  577         (2) If a licensee or an applicant proposes to engage in the
  578  practice of architecture or interior design as a business
  579  organization, the licensee or applicant must apply to qualify
  580  the business organization For the purposes of this section, a
  581  certificate of authorization shall be required for a
  582  corporation, limited liability company, partnership, or person
  583  practicing under a fictitious name, offering architectural
  584  services to the public jointly or separately. However, when an
  585  individual is practicing architecture in her or his own name,
  586  she or he shall not be required to be certified under this
  587  section. Certification under this subsection to offer
  588  architectural services shall include all the rights and
  589  privileges of certification under subsection (3) to offer
  590  interior design services.
  591         (a) An application to qualify a business organization must:
  592         1.If the business is a partnership, state the names of the
  593  partnership and its partners.
  594         2.If the business is a corporation, state the names of the
  595  corporation and its officers and directors and the name of each
  596  of its stockholders who is also an officer or a director.
  597         3.If the business is operating under a fictitious name,
  598  state the fictitious name under which it is doing business.
  599         4.If the business is not a partnership, a corporation, or
  600  operating under a fictitious name, state the name of such other
  601  legal entity and its members.
  602         (b) The board may deny an application to qualify a business
  603  organization if the applicant or any person required to be named
  604  pursuant to paragraph (a) has been involved in past disciplinary
  605  actions or on any grounds for which an individual registration
  606  or certification may be denied.
  607         (3)(a) A business organization may not engage in the
  608  practice of architecture unless its qualifying agent is a
  609  registered architect under this part. A business organization
  610  may not engage in the practice of interior design unless its
  611  qualifying agent is a registered architect or a registered
  612  interior designer under this part. A qualifying agent who
  613  terminates her or his affiliation with a business organization
  614  shall immediately notify the department of such termination. If
  615  the qualifying agent who terminates her or his affiliation is
  616  the only qualifying agent for a business organization, the
  617  business organization must be qualified by another qualifying
  618  agent within 60 days after the termination. Except as provided
  619  in paragraph (b), such a business organization may not engage in
  620  the practice of architecture or interior design until it is
  621  qualified by a qualifying agent.
  622         (b) The executive director or chair of the board may grant
  623  a temporary, nonrenewable certificate or registration to a
  624  licensee in supervising control, to the president, to a managing
  625  member, to a partner, or, in the case of a limited partnership,
  626  to the general partner for the purpose of allowing the business
  627  organization to begin or continue work required under an
  628  incomplete contract. Such person shall assume all of the
  629  responsibilities of a qualifying agent. For purposes of this
  630  paragraph, the term incomplete contract means a contract that
  631  has been awarded to, or entered into by, the business
  632  organization before the termination of affiliation of the
  633  qualifying agent with the business organization or a contract on
  634  which the business organization was the low bidder and which was
  635  subsequently awarded to the business organization, regardless of
  636  whether any actual work has commenced under the contract before
  637  termination of affiliation of the qualifying agent with the
  638  business organization.
  639         (c) A qualifying agent shall notify the department in
  640  writing before engaging in the practice of architecture or
  641  interior design in her or his own name or in affiliation with a
  642  different business organization, and she or he or such business
  643  organization shall supply the same information to the department
  644  as required of applicants under this part For the purposes of
  645  this section, a certificate of authorization shall be required
  646  for a corporation, limited liability company, partnership, or
  647  person operating under a fictitious name, offering interior
  648  design services to the public jointly or separately. However,
  649  when an individual is practicing interior design in her or his
  650  own name, she or he shall not be required to be certified under
  651  this section.
  652         (4) All final construction documents and instruments of
  653  service which include drawings, specifications, plans, reports,
  654  or other papers or documents that involve involving the practice
  655  of architecture which are prepared or approved for the use of
  656  the business organization corporation, limited liability
  657  company, or partnership and filed for public record within the
  658  state must shall bear the signature and seal of the licensee who
  659  prepared or approved them and the date on which they were
  660  sealed.
  661         (5) All drawings, specifications, plans, reports, or other
  662  papers or documents prepared or approved for the use of the
  663  business organization corporation, limited liability company, or
  664  partnership by an interior designer in her or his professional
  665  capacity and filed for public record within the state must shall
  666  bear the signature and seal of the licensee who prepared or
  667  approved them and the date on which they were sealed.
  668         (6) The department shall issue a certificate of
  669  authorization to any applicant who the board certifies as
  670  qualified for a certificate of authorization and who has paid
  671  the fee set in s. 481.207.
  672         (6)(7) The board shall allow certify an applicant to
  673  qualify one or more business organizations as qualified for a
  674  certificate of authorization to offer architectural or interior
  675  design services, or to use a fictitious name to offer such
  676  services, if one of the following criteria is met provided that:
  677         (a) One or more of the principal officers of the
  678  corporation or limited liability company, or one or more
  679  partners of the partnership, and all personnel of the
  680  corporation, limited liability company, or partnership who act
  681  in its behalf in this state as architects, are registered as
  682  provided by this part.; or
  683         (b) One or more of the principal officers of the
  684  corporation or one or more partners of the partnership, and all
  685  personnel of the corporation, limited liability company, or
  686  partnership who act in its behalf in this state as interior
  687  designers, are registered as provided by this part.
  688         (8) The department shall adopt rules establishing a
  689  procedure for the biennial renewal of certificates of
  690  authorization.
  691         (9) The department shall renew a certificate of
  692  authorization upon receipt of the renewal application and
  693  biennial renewal fee.
  694         (7)(10) Each qualifying agent approved to qualify a
  695  business organization partnership, limited liability company,
  696  and corporation certified under this section shall notify the
  697  department within 30 days of any change in the information
  698  contained in the application upon which the qualification
  699  certification is based. Any registered architect or interior
  700  designer who qualifies the business organization shall ensure
  701  corporation, limited liability company, or partnership as
  702  provided in subsection (7) shall be responsible for ensuring
  703  responsible supervising control of projects of the business
  704  organization entity and upon termination of her or his
  705  employment with a business organization qualified partnership,
  706  limited liability company, or corporation certified under this
  707  section shall notify the department of the termination within 30
  708  days.
  709         (8)(11)A business organization is not No corporation,
  710  limited liability company, or partnership shall be relieved of
  711  responsibility for the conduct or acts of its agents, employees,
  712  or officers by reason of its compliance with this section.
  713  However, except as provided in s. 558.0035, the architect who
  714  signs and seals the construction documents and instruments of
  715  service is shall be liable for the professional services
  716  performed, and the interior designer who signs and seals the
  717  interior design drawings, plans, or specifications is shall be
  718  liable for the professional services performed.
  719         (12) Disciplinary action against a corporation, limited
  720  liability company, or partnership shall be administered in the
  721  same manner and on the same grounds as disciplinary action
  722  against a registered architect or interior designer,
  723  respectively.
  724         (9)(13)Nothing in This section may not shall be construed
  725  to mean that a certificate of registration to practice
  726  architecture or interior design must shall be held by a business
  727  organization corporation, limited liability company, or
  728  partnership. Nothing in This section does not prohibit prohibits
  729  corporations, limited liability companies, and partnerships from
  730  joining together to offer architectural, engineering, interior
  731  design, surveying and mapping, and landscape architectural
  732  services, or any combination of such services, to the public if,
  733  provided that each corporation, limited liability company, or
  734  partnership otherwise meets the requirements of law.
  735         (10)(14)A business organization that is qualified by a
  736  registered architect may Corporations, limited liability
  737  companies, or partnerships holding a valid certificate of
  738  authorization to practice architecture shall be permitted to use
  739  in their title the term “interior designer” or “registered
  740  interior designer” in its title. designer.
  741         Section 32. Subsection (10) of section 481.221, Florida
  742  Statutes, is amended to read:
  743         481.221 Seals; display of certificate number.—
  744         (10) Each registered architect or interior designer or
  745  qualifying agent of a business organization must, and each
  746  corporation, limited liability company, or partnership holding a
  747  certificate of authorization, shall include her or his license
  748  its certificate number in any newspaper, telephone directory, or
  749  other advertising medium used by the registered architect,
  750  interior designer, or business organization corporation, limited
  751  liability company, or partnership. A business organization
  752  corporation, limited liability company, or partnership is not
  753  required to display the certificate number of individual
  754  registered architects or interior designers employed by or
  755  working within the business organization corporation, limited
  756  liability company, or partnership.
  757         Section 33. Paragraphs (a) and (c) of subsection (5) of
  758  section 481.229, Florida Statutes, are amended to read:
  759         481.229 Exceptions; exemptions from licensure.—
  760         (5)(a) Nothing contained in This part does not prohibit
  761  shall prevent a registered architect or a qualified business
  762  organization partnership, limited liability company, or
  763  corporation holding a valid certificate of authorization to
  764  provide architectural services from performing any interior
  765  design service or from using the title “interior designer” or
  766  “registered interior designer.”
  767         (c) Notwithstanding any other provision of this part, a
  768  registered architect or qualified business organization
  769  certified any corporation, partnership, or person operating
  770  under a fictitious name which holds a certificate of
  771  authorization to provide architectural services must shall be
  772  qualified, without fee, for a certificate of authorization to
  773  provide interior design services upon submission of a completed
  774  application for qualification therefor. For corporations,
  775  partnerships, and persons operating under a fictitious name
  776  which hold a certificate of authorization to provide interior
  777  design services, satisfaction of the requirements for renewal of
  778  the certificate of authorization to provide architectural
  779  services under s. 481.219 shall be deemed to satisfy the
  780  requirements for renewal of the certificate of authorization to
  781  provide interior design services under that section.
  782         Section 34. Section 481.303, Florida Statutes, is reordered
  783  and amended to read:
  784         481.303 Definitions.—As used in this chapter, the term:
  785         (1) “Board” means the Board of Landscape Architecture.
  786         (3)(2) “Department” means the Department of Business and
  787  Professional Regulation.
  788         (6)(3) “Registered landscape architect” means a person who
  789  holds a license to practice landscape architecture in this state
  790  under the authority of this act.
  791         (2)(4) “Certificate of registration” means a license issued
  792  by the department to a natural person to engage in the practice
  793  of landscape architecture.
  794         (5) “Certificate of authorization” means a license issued
  795  by the department to a corporation or partnership to engage in
  796  the practice of landscape architecture.
  797         (4)(6) “Landscape architecture” means professional
  798  services, including, but not limited to, the following:
  799         (a) Consultation, investigation, research, planning,
  800  design, preparation of drawings, specifications, contract
  801  documents and reports, responsible construction supervision, or
  802  landscape management in connection with the planning and
  803  development of land and incidental water areas, including the
  804  use of Florida-friendly landscaping as defined in s. 373.185,
  805  where, and to the extent that, the dominant purpose of such
  806  services or creative works is the preservation, conservation,
  807  enhancement, or determination of proper land uses, natural land
  808  features, ground cover and plantings, or naturalistic and
  809  aesthetic values;
  810         (b) The determination of settings, grounds, and approaches
  811  for and the siting of buildings and structures, outdoor areas,
  812  or other improvements;
  813         (c) The setting of grades, shaping and contouring of land
  814  and water forms, determination of drainage, and provision for
  815  storm drainage and irrigation systems where such systems are
  816  necessary to the purposes outlined herein; and
  817         (d) The design of such tangible objects and features as are
  818  necessary to the purpose outlined herein.
  819         (5)(7) “Landscape design” means consultation for and
  820  preparation of planting plans drawn for compensation, including
  821  specifications and installation details for plant materials,
  822  soil amendments, mulches, edging, gravel, and other similar
  823  materials. Such plans may include only recommendations for the
  824  conceptual placement of tangible objects for landscape design
  825  projects. Construction documents, details, and specifications
  826  for tangible objects and irrigation systems shall be designed or
  827  approved by licensed professionals as required by law.
  828         Section 35. Subsection (5) of section 481.321, Florida
  829  Statutes, is amended to read:
  830         481.321 Seals; display of certificate number.—
  831         (5) Each registered landscape architect must and each
  832  corporation or partnership holding a certificate of
  833  authorization shall include her or his its certificate number in
  834  any newspaper, telephone directory, or other advertising medium
  835  used by the registered landscape architect, corporation, or
  836  partnership. A corporation or partnership must is not required
  837  to display the certificate number numbers of at least one
  838  officer, director, owner, or partner who is a individual
  839  registered landscape architect architects employed by or
  840  practicing with the corporation or partnership.
  841         Section 36. Subsection (4) of section 481.311, Florida
  842  Statutes, is amended to read:
  843         481.311 Licensure.—
  844         (4) The board shall certify as qualified for a certificate
  845  of authorization any applicant corporation or partnership who
  846  satisfies the requirements of s. 481.319.
  847         Section 37. Subsection (2) of section 481.317, Florida
  848  Statutes, is amended to read:
  849         481.317 Temporary certificates.—
  850         (2) Upon approval by the board and payment of the fee set
  851  in s. 481.307, the department shall grant a temporary
  852  certificate of authorization for work on one specified project
  853  in this state for a period not to exceed 1 year to an out-of
  854  state corporation, partnership, or firm, provided one of the
  855  principal officers of the corporation, one of the partners of
  856  the partnership, or one of the principals in the fictitiously
  857  named firm has obtained a temporary certificate of registration
  858  in accordance with subsection (1).
  859         Section 38. Section 481.319, Florida Statutes, is amended
  860  to read:
  861         481.319 Corporate and partnership practice of landscape
  862  architecture; certificate of authorization.—
  863         (1) The practice of or offer to practice landscape
  864  architecture by registered landscape architects registered under
  865  this part through a corporation or partnership offering
  866  landscape architectural services to the public, or through a
  867  corporation or partnership offering landscape architectural
  868  services to the public through individual registered landscape
  869  architects as agents, employees, officers, or partners, is
  870  permitted, subject to the provisions of this section, if:
  871         (a) One or more of the principal officers of the
  872  corporation, or partners of the partnership, and all personnel
  873  of the corporation or partnership who act in its behalf as
  874  landscape architects in this state are registered landscape
  875  architects; and
  876         (b) One or more of the officers, one or more of the
  877  directors, one or more of the owners of the corporation, or one
  878  or more of the partners of the partnership is a registered
  879  landscape architect; and
  880         (c) The corporation or partnership has been issued a
  881  certificate of authorization by the board as provided herein.
  882         (2) All documents involving the practice of landscape
  883  architecture which are prepared for the use of the corporation
  884  or partnership shall bear the signature and seal of a registered
  885  landscape architect.
  886         (3) A landscape architect applying to practice in the name
  887  of a An applicant corporation must shall file with the
  888  department the names and addresses of all officers and board
  889  members of the corporation, including the principal officer or
  890  officers, duly registered to practice landscape architecture in
  891  this state and, also, of all individuals duly registered to
  892  practice landscape architecture in this state who shall be in
  893  responsible charge of the practice of landscape architecture by
  894  the corporation in this state. A landscape architect applying to
  895  practice in the name of a An applicant partnership must shall
  896  file with the department the names and addresses of all partners
  897  of the partnership, including the partner or partners duly
  898  registered to practice landscape architecture in this state and,
  899  also, of an individual or individuals duly registered to
  900  practice landscape architecture in this state who shall be in
  901  responsible charge of the practice of landscape architecture by
  902  said partnership in this state.
  903         (4) Each landscape architect qualifying a partnership or
  904  and corporation licensed under this part must shall notify the
  905  department within 1 month of any change in the information
  906  contained in the application upon which the license is based.
  907  Any landscape architect who terminates her or his or her
  908  employment with a partnership or corporation licensed under this
  909  part shall notify the department of the termination within 1
  910  month.
  911         (5) Disciplinary action against a corporation or
  912  partnership shall be administered in the same manner and on the
  913  same grounds as disciplinary action against a registered
  914  landscape architect.
  915         (6) Except as provided in s. 558.0035, the fact that a
  916  registered landscape architect practices landscape architecture
  917  through a corporation or partnership as provided in this section
  918  does not relieve the landscape architect from personal liability
  919  for her or his or her professional acts.
  920         Section 39. Subsection (5) of section 481.329, Florida
  921  Statutes, is amended to read:
  922         481.329 Exceptions; exemptions from licensure.—
  923         (5) This part does not prohibit any person from engaging in
  924  the practice of landscape design, as defined in s. 481.303(5) s.
  925  481.303(7), or from submitting for approval to a governmental
  926  agency planting plans that are independent of, or a component
  927  of, construction documents that are prepared by a Florida
  928  registered professional. Persons providing landscape design
  929  services shall not use the title, term, or designation
  930  “landscape architect,” “landscape architectural,” “landscape
  931  architecture,” “L.A.,” “landscape engineering,” or any
  932  description tending to convey the impression that she or he is a
  933  landscape architect unless she or he is registered as provided
  934  in this part.
  935         Section 40. Subsection (14) of section 489.503, Florida
  936  Statutes, is amended, to read:
  937         489.503 Exemptions.—This part does not apply to:
  938         (14) The sale of, installation of, repair of, alteration
  939  of, addition to, or design of electrical wiring, fixtures,
  940  appliances, thermostats, apparatus, raceways, computers,
  941  customer premises equipment, customer premises wiring, and
  942  conduit, or any part thereof, by an employee, contractor,
  943  subcontractor, or affiliate of a company operating under a
  944  certificate issued under chapter 364 or chapter 610, or under a
  945  local franchise or right-of-way agreement, if those items are
  946  for the purpose of transmitting data, voice, video, or other
  947  communications, or commands as part of a cable television,
  948  community antenna television, radio distribution,
  949  communications, or telecommunications system. An employee,
  950  subcontractor, contractor, or affiliate of a company that
  951  operates under a certificate issued under chapter 364 or chapter
  952  610, or under a local franchise or right-of-way agreement, is
  953  not subject to any local ordinance that requires a permit for
  954  work related to low-voltage electrical work, including related
  955  technical codes, regulations, and licensure. The scope of this
  956  exemption is limited to electrical circuits and equipment
  957  governed by the applicable provisions of Articles 725 (Classes 2
  958  and 3 circuits only), 770, 800, 810, and 820 of the National
  959  Electrical Code, current edition, or 47 C.F.R. part 68, and
  960  employees, contractors, and subcontractors of companies, and
  961  affiliates thereof, operating under a certificate issued under
  962  chapter 364 or chapter 610 or under a local franchise or right
  963  of-way agreement. This subsection does not relieve any person
  964  from licensure as an alarm system contractor.
  965         Section 41. Present paragraphs (a) through (e) of
  966  subsection (2) of section 489.518, Florida Statutes, are
  967  redesignated as paragraphs (b) through (f), respectively, and a
  968  new paragraph (a) is added to that subsection, to read:
  969         489.518 Alarm system agents.—
  970         (2)(a) A person who performs only sales or installations of
  971  wireless alarm systems, other than fire alarm systems, in
  972  single-family residences is not required to complete the initial
  973  training required for burglar alarm system agents.
  974         Section 42. This act shall take effect July 1, 2017.