Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for HB 7047
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/3R         .                                
             05/03/2017 04:40 PM       .                                
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       Senator Passidomo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (h) of subsection (2) of section
    6  287.055, Florida Statutes, is amended to read:
    7         287.055 Acquisition of professional architectural,
    8  engineering, landscape architectural, or surveying and mapping
    9  services; definitions; procedures; contingent fees prohibited;
   10  penalties.—
   11         (2) DEFINITIONS.—For purposes of this section:
   12         (h) A “design-build firm” means a partnership, corporation,
   13  or other legal entity that:
   14         1. Is certified under s. 489.119 to engage in contracting
   15  through a certified or registered general contractor or a
   16  certified or registered building contractor as the qualifying
   17  agent; or
   18         2. Is certified under s. 471.023 to practice or to offer to
   19  practice engineering; qualified certified under s. 481.219 to
   20  practice or to offer to practice architecture; or qualified
   21  certified under s. 481.319 to practice or to offer to practice
   22  landscape architecture.
   23         Section 2. Subsection (13) of section 326.004, Florida
   24  Statutes, is amended to read:
   25         326.004 Licensing.—
   26         (13) Each broker must maintain a principal place of
   27  business in this state and may establish branch offices in the
   28  state. A separate license must be maintained for each branch
   29  office. The division shall establish by rule a fee not to exceed
   30  $100 for each branch office license.
   31         Section 3. Subsection (3) of section 447.02, Florida
   32  Statutes, is amended to read:
   33         447.02 Definitions.—The following terms, when used in this
   34  chapter, shall have the meanings ascribed to them in this
   35  section:
   36         (3) The term “department” means the Department of Business
   37  and Professional Regulation.
   38         Section 4. Section 447.04, Florida Statutes, is repealed.
   39         Section 5. Section 447.041, Florida Statutes, is repealed.
   40         Section 6. Section 447.045, Florida Statutes, is repealed.
   41         Section 7. Section 447.06, Florida Statutes, is repealed.
   42         Section 8. Subsections (6) and (8) of section 447.09,
   43  Florida Statutes, are amended to read:
   44         447.09 Right of franchise preserved; penalties.—It shall be
   45  unlawful for any person:
   46         (6) To act as a business agent without having obtained and
   47  possessing a valid and subsisting license or permit.
   48         (8) To make any false statement in an application for a
   49  license.
   50         Section 9. Section 447.12, Florida Statutes, is repealed.
   51         Section 10. Section 447.16, Florida Statutes, is repealed.
   52         Section 11. Subsections (1) and (2) of section 468.603,
   53  Florida Statutes, are amended to read:
   54         468.603 Definitions.—As used in this part:
   55         (1) “Building code administrator” or “building official”
   56  means any of those employees of municipal or county governments,
   57  or any person contracted by a municipal or county government,
   58  who have with building construction regulation responsibilities
   59  and who are charged with the responsibility for direct
   60  regulatory administration or supervision of plan review,
   61  enforcement, or inspection of building construction, erection,
   62  repair, addition, remodeling, demolition, or alteration projects
   63  that require permitting indicating compliance with building,
   64  plumbing, mechanical, electrical, gas, fire prevention, energy,
   65  accessibility, and other construction codes as required by state
   66  law or municipal or county ordinance. This term is synonymous
   67  with “building official” as used in the administrative chapter
   68  of the Standard Building Code and the South Florida Building
   69  Code. One person employed or contracted by each municipal or
   70  county government as a building code administrator or building
   71  official and who is so certified under this part may be
   72  authorized to perform any plan review or inspection for which
   73  certification is required by this part.
   74         (2) “Building code inspector” means any of those employees
   75  of local governments or state agencies, or any person contracted
   76  by a local government or state agency, who have with building
   77  construction regulation responsibilities and who themselves
   78  conduct inspections of building construction, erection, repair,
   79  addition, or alteration projects that require permitting
   80  indicating compliance with building, plumbing, mechanical,
   81  electrical, gas, fire prevention, energy, accessibility, and
   82  other construction codes as required by state law or municipal
   83  or county ordinance.
   84         Section 12. Subsection (3) of section 468.617, Florida
   85  Statutes, is amended to read:
   86         468.617 Joint building code inspection department; other
   87  arrangements.—
   88         (3) Nothing in this part shall prohibit any county or
   89  municipal government, school board, community college board,
   90  state university, or state agency from entering into any
   91  contract with any person or entity for the provision of building
   92  code administrator, building official, or building code
   93  inspection services regulated under this part, and
   94  notwithstanding any other statutory provision, such county or
   95  municipal governments may enter into contracts.
   96         Section 13. Paragraphs (a) and (e) of subsection (2),
   97  subsection (3), paragraph (b) of subsection (4), and subsection
   98  (6) of section 469.006, Florida Statutes, are amended to read:
   99         469.006 Licensure of business organizations; qualifying
  100  agents.—
  101         (2)(a) If the applicant proposes to engage in consulting or
  102  contracting as a partnership, corporation, business trust, or
  103  other legal entity, or in any name other than the applicant’s
  104  legal name, the legal entity must apply for licensure through a
  105  qualifying agent or the individual applicant must apply for
  106  licensure under the name of the business organization fictitious
  107  name.
  108         (e) A The license, when issued upon application of a
  109  business organization, must be in the name of the qualifying
  110  agent business organization, and the name of the business
  111  organization qualifying agent must be noted on the license
  112  thereon. If there is a change in any information that is
  113  required to be stated on the application, the qualifying agent
  114  business organization shall, within 45 days after such change
  115  occurs, mail the correct information to the department.
  116         (3) The qualifying agent must shall be licensed under this
  117  chapter in order for the business organization to be qualified
  118  licensed in the category of the business conducted for which the
  119  qualifying agent is licensed. If any qualifying agent ceases to
  120  be affiliated with such business organization, the agent shall
  121  so inform the department. In addition, if such qualifying agent
  122  is the only licensed individual affiliated with the business
  123  organization, the business organization shall notify the
  124  department of the termination of the qualifying agent and has
  125  shall have 60 days after from the date of termination of the
  126  qualifying agent’s affiliation with the business organization in
  127  which to employ another qualifying agent. The business
  128  organization may not engage in consulting or contracting until a
  129  qualifying agent is employed, unless the department has granted
  130  a temporary nonrenewable license to the financially responsible
  131  officer, the president, the sole proprietor, a partner, or, in
  132  the case of a limited partnership, the general partner, who
  133  assumes all responsibilities of a primary qualifying agent for
  134  the entity. This temporary license only allows shall only allow
  135  the entity to proceed with incomplete contracts.
  136         (4)
  137         (b) Upon a favorable determination by the department, after
  138  investigation of the financial responsibility, credit, and
  139  business reputation of the qualifying agent and the new business
  140  organization, the department shall issue, without any
  141  examination, a new license in the qualifying agent’s business
  142  organization’s name, and the name of the business organization
  143  qualifying agent shall be noted thereon.
  144         (6) Each qualifying agent shall pay the department an
  145  amount equal to the original fee for licensure of a new business
  146  organization. if the qualifying agent for a business
  147  organization desires to qualify additional business
  148  organizations., The department shall require the agent to
  149  present evidence of supervisory ability and financial
  150  responsibility of each such organization. Allowing a licensee to
  151  qualify more than one business organization must shall be
  152  conditioned upon the licensee showing that the licensee has both
  153  the capacity and intent to adequately supervise each business
  154  organization. The department may shall not limit the number of
  155  business organizations that which the licensee may qualify
  156  except upon the licensee’s failure to provide such information
  157  as is required under this subsection or upon a finding that the
  158  such information or evidence as is supplied is incomplete or
  159  unpersuasive in showing the licensee’s capacity and intent to
  160  comply with the requirements of this subsection. A qualification
  161  for an additional business organization may be revoked or
  162  suspended upon a finding by the department that the licensee has
  163  failed in the licensee’s responsibility to adequately supervise
  164  the operations of the business organization. Failure to
  165  adequately supervise the operations of a business organization
  166  is shall be grounds for denial to qualify additional business
  167  organizations.
  168         Section 14. Subsection (1) of section 469.009, Florida
  169  Statutes, is amended to read:
  170         469.009 License revocation, suspension, and denial of
  171  issuance or renewal.—
  172         (1) The department may revoke, suspend, or deny the
  173  issuance or renewal of a license; reprimand, censure, or place
  174  on probation any contractor, consultant, or financially
  175  responsible officer, or business organization; require financial
  176  restitution to a consumer; impose an administrative fine not to
  177  exceed $5,000 per violation; require continuing education; or
  178  assess costs associated with any investigation and prosecution
  179  if the contractor or consultant, or business organization or
  180  officer or agent thereof, is found guilty of any of the
  181  following acts:
  182         (a) Willfully or deliberately disregarding or violating the
  183  health and safety standards of the Occupational Safety and
  184  Health Act of 1970, the Construction Safety Act, the National
  185  Emission Standards for Asbestos, the Environmental Protection
  186  Agency Asbestos Abatement Projects Worker Protection Rule, the
  187  Florida Statutes or rules promulgated thereunder, or any
  188  ordinance enacted by a political subdivision of this state.
  189         (b) Violating any provision of chapter 455.
  190         (c) Failing in any material respect to comply with the
  191  provisions of this chapter or any rule promulgated hereunder.
  192         (d) Acting in the capacity of an asbestos contractor or
  193  asbestos consultant under any license issued under this chapter
  194  except in the name of the licensee as set forth on the issued
  195  license.
  196         (e) Proceeding on any job without obtaining all applicable
  197  approvals, authorizations, permits, and inspections.
  198         (f) Obtaining a license by fraud or misrepresentation.
  199         (g) Being convicted or found guilty of, or entering a plea
  200  of nolo contendere to, regardless of adjudication, a crime in
  201  any jurisdiction which directly relates to the practice of
  202  asbestos consulting or contracting or the ability to practice
  203  asbestos consulting or contracting.
  204         (h) Knowingly violating any building code, lifesafety code,
  205  or county or municipal ordinance relating to the practice of
  206  asbestos consulting or contracting.
  207         (i) Performing any act which assists a person or entity in
  208  engaging in the prohibited unlicensed practice of asbestos
  209  consulting or contracting, if the licensee knows or has
  210  reasonable grounds to know that the person or entity was
  211  unlicensed.
  212         (j) Committing mismanagement or misconduct in the practice
  213  of contracting that causes financial harm to a customer.
  214  Financial mismanagement or misconduct occurs when:
  215         1. Valid liens have been recorded against the property of a
  216  contractor’s customer for supplies or services ordered by the
  217  contractor for the customer’s job; the contractor has received
  218  funds from the customer to pay for the supplies or services; and
  219  the contractor has not had the liens removed from the property,
  220  by payment or by bond, within 75 days after the date of such
  221  liens;
  222         2. The contractor has abandoned a customer’s job and the
  223  percentage of completion is less than the percentage of the
  224  total contract price paid to the contractor as of the time of
  225  abandonment, unless the contractor is entitled to retain such
  226  funds under the terms of the contract or refunds the excess
  227  funds within 30 days after the date the job is abandoned; or
  228         3. The contractor’s job has been completed, and it is shown
  229  that the customer has had to pay more for the contracted job
  230  than the original contract price, as adjusted for subsequent
  231  change orders, unless such increase in cost was the result of
  232  circumstances beyond the control of the contractor, was the
  233  result of circumstances caused by the customer, or was otherwise
  234  permitted by the terms of the contract between the contractor
  235  and the customer.
  236         (k) Being disciplined by any municipality or county for an
  237  act or violation of this chapter.
  238         (l) Failing in any material respect to comply with the
  239  provisions of this chapter, or violating a rule or lawful order
  240  of the department.
  241         (m) Abandoning an asbestos abatement project in which the
  242  asbestos contractor is engaged or under contract as a
  243  contractor. A project may be presumed abandoned after 20 days if
  244  the contractor terminates the project without just cause and
  245  without proper notification to the owner, including the reason
  246  for termination; if the contractor fails to reasonably secure
  247  the project to safeguard the public while work is stopped; or if
  248  the contractor fails to perform work without just cause for 20
  249  days.
  250         (n) Signing a statement with respect to a project or
  251  contract falsely indicating that the work is bonded; falsely
  252  indicating that payment has been made for all subcontracted
  253  work, labor, and materials which results in a financial loss to
  254  the owner, purchaser, or contractor; or falsely indicating that
  255  workers’ compensation and public liability insurance are
  256  provided.
  257         (o) Committing fraud or deceit in the practice of asbestos
  258  consulting or contracting.
  259         (p) Committing incompetency or misconduct in the practice
  260  of asbestos consulting or contracting.
  261         (q) Committing gross negligence, repeated negligence, or
  262  negligence resulting in a significant danger to life or property
  263  in the practice of asbestos consulting or contracting.
  264         (r) Intimidating, threatening, coercing, or otherwise
  265  discouraging the service of a notice to owner under part I of
  266  chapter 713 or a notice to contractor under chapter 255 or part
  267  I of chapter 713.
  268         (s) Failing to satisfy, within a reasonable time, the terms
  269  of a civil judgment obtained against the licensee, or the
  270  business organization qualified by the licensee, relating to the
  271  practice of the licensee’s profession.
  272  
  273  For the purposes of this subsection, construction is considered
  274  to be commenced when the contract is executed and the contractor
  275  has accepted funds from the customer or lender.
  276         Section 15. Section 474.2195, Florida Statutes, is created
  277  to read:
  278         474.2195 Veterinary telemedicine.—
  279         (1) As used in this section, the term:
  280         (a) “Patient relationship” means a relationship where the
  281  veterinarian has assumed the responsibility of making medical
  282  judgments regarding the health of an animal and its need for
  283  medical treatment.
  284         (b) “Physical examination” means the evaluation of a
  285  patient by a veterinarian through personal inspection,
  286  palpation, and auscultation of the patient. This definition does
  287  not apply to s. 474.2185.
  288         (c) “Veterinary telemedicine” means the practice of
  289  veterinary medicine by a Florida-licensed veterinarian which
  290  includes a complete physical examination and the establishment
  291  of a patient relationship in which patient care, treatment, or
  292  service is provided through the use of medical information
  293  exchanged from one site to another via electronic
  294  communications.
  295         (2) The standard of care for a veterinarian providing
  296  veterinary telemedicine services to a patient is the same as the
  297  standard of care generally accepted for a veterinarian providing
  298  in-person health care services.
  299         (3) Veterinary telemedicine must be practiced within the
  300  context of a patient relationship except for care, treatment, or
  301  service provided to a patient in an emergency until the patient
  302  can be seen by or transported to a veterinarian.
  303         (4) In the case of herd animals, the establishment of a
  304  patient relationship does not require the physical examination
  305  of each animal.
  306         (5) A veterinarian may consult on patient care with another
  307  veterinarian who has an ongoing patient relationship with the
  308  patient, including the use of any prescription medication, and
  309  may consult on on-call or cross-coverage cases in which the
  310  veterinarian has access to patient records, via electronic
  311  communications.
  312         Section 16. Subsection (2) of section 476.034, Florida
  313  Statutes, is amended, and subsections (6) and (7) are added to
  314  that section, to read:
  315         476.034 Definitions.—As used in this act:
  316         (2) “Barbering” means any of the following practices when
  317  done for remuneration and for the public, but not when done for
  318  the treatment of disease or physical or mental ailments:
  319  shaving, cutting, trimming, coloring, shampooing, arranging,
  320  dressing, curling, or waving the hair or beard or applying oils,
  321  creams, lotions, or other preparations to the face, scalp, or
  322  neck, either by hand or by mechanical appliances, and includes
  323  restricted barbering services.
  324         (6)“Restricted barber” means a person who is licensed to
  325  engage in the practice of restricted barbering in this state
  326  under the authority of this chapter and is subject to the same
  327  requirements and restrictions as a barber, except as specified
  328  in s. 476.114.
  329         (7) “Restricted barbering” means any of the following
  330  practices when done for remuneration and for the public, but not
  331  when done for the treatment of disease or physical or mental
  332  ailments: shaving, cutting, trimming, shampooing, arranging,
  333  dressing, or curling the hair or beard, including the
  334  application of shampoo, hair conditioners, shaving creams, hair
  335  tonic, and hair spray to the face, scalp, or neck, either by
  336  hand or by mechanical appliances. The term does not include the
  337  application of oils, creams, lotions, or other preparations to
  338  the face, scalp, or neck.
  339         Section 17. Present subsection (3) of section 476.114,
  340  Florida Statutes, is redesignated as subsection (4) and amended,
  341  and a new subsection (3) is added to that section, to read:
  342         476.114 Examination; prerequisites.—
  343         (3) An applicant is eligible for licensure by examination
  344  to practice restricted barbering if the applicant:
  345         (a) Is at least 16 years of age;
  346         (b) Pays the required application fee;
  347         (c) Passes a written examination on the laws and rules
  348  governing the practice of barbering in Florida, as established
  349  by the board; and
  350         (d)1. Holds, or has within the previous 5 years held, an
  351  active valid license to practice barbering in another state or
  352  country, or has held a Florida barbering license which has been
  353  declared null and void for failure to renew the license; or
  354         2. Has received a minimum of 1,000 hours of training as
  355  established by the board, which must include, but is not limited
  356  to, the equivalent of completion of services directly related to
  357  the practice of restricted barbering at one of the following:
  358         a. A school of barbering licensed pursuant to chapter 1005;
  359         b. A barbering program within the public school system; or
  360         c. A government-operated barbering program in this state.
  361         (4)(3) An applicant who meets the requirements set forth in
  362  subparagraphs (2)(c)1. and 2., or subparagraphs (3)(d)1. and 2.,
  363  and who fails to pass the examination may take subsequent
  364  examinations as many times as necessary to pass, except that the
  365  board may specify by rule reasonable timeframes for rescheduling
  366  the examination and additional training requirements for
  367  applicants who, after the third attempt, fail to pass the
  368  examination. Prior to reexamination, the applicant must file the
  369  appropriate form and pay the reexamination fee as required by
  370  rule.
  371         Section 18. Subsection (6) of section 476.144, Florida
  372  Statutes, is repealed.
  373         Section 19. Subsections (6) and (9) of section 477.013,
  374  Florida Statutes, are amended to read:
  375         477.013 Definitions.—As used in this chapter:
  376         (6) “Specialty” means the practice of one or more of the
  377  following:
  378         (a) Nail specialty, which includes:
  379         1. Manicuring, or the cutting, polishing, tinting,
  380  coloring, cleansing, adding, or extending of the nails, and
  381  massaging of the hands. This term includes any procedure or
  382  process for the affixing of artificial nails, except those nails
  383  which may be applied solely by use of a simple adhesive; and.
  384         2.(b) Pedicuring, or the shaping, polishing, tinting, or
  385  cleansing of the nails of the feet, and massaging or beautifying
  386  of the feet.
  387         (b)(c)Facial specialty, which includes facials, or the
  388  massaging or treating of the face or scalp with oils, creams,
  389  lotions, or other preparations, and skin care services.
  390         (c)Full specialty, which includes manicuring, pedicuring,
  391  and facial services, including all services as described in
  392  paragraphs (a) and (b).
  393         (9) “Hair braiding” means the weaving or interweaving of
  394  natural human hair or commercial hair, including the use of hair
  395  extensions or wefts, for compensation without cutting, coloring,
  396  permanent waving, relaxing, removing, or chemical treatment and
  397  does not include the use of hair extensions or wefts.
  398         Section 20. Section 477.0132, Florida Statutes, is
  399  repealed.
  400         Section 21. Subsections (7), (8), and (9) are added to
  401  section 477.0135, Florida Statutes, to read:
  402         477.0135 Exemptions.—
  403         (7) A license or registration is not required for a person
  404  whose occupation or practice is confined solely to hair braiding
  405  as defined in s. 477.013(9).
  406         (8) A license or registration is not required for a person
  407  whose occupation or practice is confined solely to hair wrapping
  408  as defined in s. 477.013(10).
  409         (9) A license or registration is not required for a person
  410  whose occupation or practice is confined solely to body wrapping
  411  as defined in s. 477.013(12).
  412         Section 22. Paragraph (b) of subsection (7) of section
  413  477.019, Florida Statutes, is amended to read:
  414         477.019 Cosmetologists; qualifications; licensure;
  415  supervised practice; license renewal; endorsement; continuing
  416  education.—
  417         (7)
  418         (b) Any person whose occupation or practice is confined
  419  solely to hair braiding, hair wrapping, or body wrapping is
  420  exempt from the continuing education requirements of this
  421  subsection.
  422         Section 23. Paragraph (f) of subsection (1) of section
  423  477.026, Florida Statutes, is amended to read:
  424         477.026 Fees; disposition.—
  425         (1) The board shall set fees according to the following
  426  schedule:
  427         (f) For hair braiders, hair wrappers, and body wrappers,
  428  fees for registration shall not exceed $25.
  429         Section 24. Subsection (5) of section 481.203, Florida
  430  Statutes, is amended to read:
  431         481.203 Definitions.—As used in this part:
  432         (5) “Business organization” means a partnership, a limited
  433  liability company, a corporation, or an individual operating
  434  under a fictitious name “Certificate of authorization” means a
  435  certificate issued by the department to a corporation or
  436  partnership to practice architecture or interior design.
  437         Section 25. Section 481.219, Florida Statutes, is amended
  438  to read:
  439         481.219 Business organization; qualifying agents
  440  Certification of partnerships, limited liability companies, and
  441  corporations.—
  442         (1) A licensee may The practice of or the offer to practice
  443  architecture or interior design by licensees through a business
  444  organization that offers corporation, limited liability company,
  445  or partnership offering architectural or interior design
  446  services to the public, or through by a business organization
  447  that offers corporation, limited liability company, or
  448  partnership offering architectural or interior design services
  449  to the public through such licensees under this part as agents,
  450  employees, officers, or partners, is permitted, subject to the
  451  provisions of this section.
  452         (2) If a licensee or an applicant proposes to engage in the
  453  practice of architecture or interior design as a business
  454  organization, the licensee or applicant must apply to qualify
  455  the business organization For the purposes of this section, a
  456  certificate of authorization shall be required for a
  457  corporation, limited liability company, partnership, or person
  458  practicing under a fictitious name, offering architectural
  459  services to the public jointly or separately. However, when an
  460  individual is practicing architecture in her or his own name,
  461  she or he shall not be required to be certified under this
  462  section. Certification under this subsection to offer
  463  architectural services shall include all the rights and
  464  privileges of certification under subsection (3) to offer
  465  interior design services.
  466         (a) An application to qualify a business organization must:
  467         1.If the business is a partnership, state the names of the
  468  partnership and its partners.
  469         2.If the business is a corporation, state the names of the
  470  corporation and its officers and directors and the name of each
  471  of its stockholders who is also an officer or a director.
  472         3.If the business is operating under a fictitious name,
  473  state the fictitious name under which it is doing business.
  474         4.If the business is not a partnership, a corporation, or
  475  operating under a fictitious name, state the name of such other
  476  legal entity and its members.
  477         (b) The board may deny an application to qualify a business
  478  organization if the applicant or any person required to be named
  479  pursuant to paragraph (a) has been involved in past disciplinary
  480  actions or on any grounds for which an individual registration
  481  or certification may be denied.
  482         (3)(a) A business organization may not engage in the
  483  practice of architecture unless its qualifying agent is a
  484  registered architect under this part. A business organization
  485  may not engage in the practice of interior design unless its
  486  qualifying agent is a registered architect or a registered
  487  interior designer under this part. A qualifying agent who
  488  terminates her or his affiliation with a business organization
  489  shall immediately notify the department of such termination. If
  490  the qualifying agent who terminates her or his affiliation is
  491  the only qualifying agent for a business organization, the
  492  business organization must be qualified by another qualifying
  493  agent within 60 days after the termination. Except as provided
  494  in paragraph (b), the business organization may not engage in
  495  the practice of architecture or interior design until it is
  496  qualified by a qualifying agent.
  497         (b) In the event a qualifying architect or interior
  498  designer ceases employment with the business organization, the
  499  executive director or the chair of the board may authorize
  500  another registered architect or interior designer employed by
  501  the business organization to temporarily serve as its qualifying
  502  agent for a period of no more than 60 days. The business
  503  organization is not authorized to operate beyond such period
  504  under this chapter absent replacement of the qualifying
  505  architect or interior designer who has ceased employment.
  506         (c) A qualifying agent shall notify the department in
  507  writing before engaging in the practice of architecture or
  508  interior design in her or his own name or in affiliation with a
  509  different business organization, and she or he or such business
  510  organization shall supply the same information to the department
  511  as required of applicants under this part For the purposes of
  512  this section, a certificate of authorization shall be required
  513  for a corporation, limited liability company, partnership, or
  514  person operating under a fictitious name, offering interior
  515  design services to the public jointly or separately. However,
  516  when an individual is practicing interior design in her or his
  517  own name, she or he shall not be required to be certified under
  518  this section.
  519         (4) All final construction documents and instruments of
  520  service which include drawings, specifications, plans, reports,
  521  or other papers or documents that involve involving the practice
  522  of architecture which are prepared or approved for the use of
  523  the business organization corporation, limited liability
  524  company, or partnership and filed for public record within the
  525  state must shall bear the signature and seal of the licensee who
  526  prepared or approved them and the date on which they were
  527  sealed.
  528         (5) All drawings, specifications, plans, reports, or other
  529  papers or documents prepared or approved for the use of the
  530  business organization corporation, limited liability company, or
  531  partnership by an interior designer in her or his professional
  532  capacity and filed for public record within the state must shall
  533  bear the signature and seal of the licensee who prepared or
  534  approved them and the date on which they were sealed.
  535         (6) The department shall issue a certificate of
  536  authorization to any applicant who the board certifies as
  537  qualified for a certificate of authorization and who has paid
  538  the fee set in s. 481.207.
  539         (6)(7) The board shall allow certify an applicant to
  540  qualify one or more business organizations as qualified for a
  541  certificate of authorization to offer architectural or interior
  542  design services, or to use a fictitious name to offer such
  543  services, if one of the following criteria is met provided that:
  544         (a) One or more of the principal officers of the
  545  corporation or limited liability company, or one or more
  546  partners of the partnership, and all personnel of the
  547  corporation, limited liability company, or partnership who act
  548  in its behalf in this state as architects, are registered as
  549  provided by this part.; or
  550         (b) One or more of the principal officers of the
  551  corporation or one or more partners of the partnership, and all
  552  personnel of the corporation, limited liability company, or
  553  partnership who act in its behalf in this state as interior
  554  designers, are registered as provided by this part.
  555         (8) The department shall adopt rules establishing a
  556  procedure for the biennial renewal of certificates of
  557  authorization.
  558         (9) The department shall renew a certificate of
  559  authorization upon receipt of the renewal application and
  560  biennial renewal fee.
  561         (7)(10) Each qualifying agent approved to qualify a
  562  business organization partnership, limited liability company,
  563  and corporation certified under this section shall notify the
  564  department within 30 days after of any change in the information
  565  contained in the application upon which the qualification
  566  certification is based. Any registered architect or interior
  567  designer who qualifies the business organization shall ensure
  568  corporation, limited liability company, or partnership as
  569  provided in subsection (7) shall be responsible for ensuring
  570  responsible supervising control of projects of the business
  571  organization entity and shall notify the department of the upon
  572  termination of her or his employment with a business
  573  organization qualified partnership, limited liability company,
  574  or corporation certified under this section shall notify the
  575  department of the termination within 30 days after such
  576  termination.
  577         (8)(11)A business organization is not No corporation,
  578  limited liability company, or partnership shall be relieved of
  579  responsibility for the conduct or acts of its agents, employees,
  580  or officers by reason of its compliance with this section.
  581  However, except as provided in s. 558.0035, the architect who
  582  signs and seals the construction documents and instruments of
  583  service is shall be liable for the professional services
  584  performed, and the interior designer who signs and seals the
  585  interior design drawings, plans, or specifications is shall be
  586  liable for the professional services performed.
  587         (12) Disciplinary action against a corporation, limited
  588  liability company, or partnership shall be administered in the
  589  same manner and on the same grounds as disciplinary action
  590  against a registered architect or interior designer,
  591  respectively.
  592         (9)(13)Nothing in This section may not shall be construed
  593  to mean that a certificate of registration to practice
  594  architecture or interior design must shall be held by a business
  595  organization corporation, limited liability company, or
  596  partnership. Nothing in This section does not prohibit a
  597  business organization from offering prohibits corporations,
  598  limited liability companies, and partnerships from joining
  599  together to offer architectural, engineering, interior design,
  600  surveying and mapping, and landscape architectural services, or
  601  any combination of such services, to the public if the business
  602  organization, provided that each corporation, limited liability
  603  company, or partnership otherwise meets the requirements of law.
  604         (10)(14)A business organization that is qualified by a
  605  registered architect may Corporations, limited liability
  606  companies, or partnerships holding a valid certificate of
  607  authorization to practice architecture shall be permitted to use
  608  in their title the term “interior designer” or “registered
  609  interior designer” in its title. designer.
  610         Section 26. Subsection (10) of section 481.221, Florida
  611  Statutes, is amended to read:
  612         481.221 Seals; display of certificate number.—
  613         (10) Each registered architect or interior designer must,
  614  and each corporation, limited liability company, or partnership
  615  holding a certificate of authorization, shall include her or his
  616  license its certificate number in any newspaper, telephone
  617  directory, or other advertising medium used by the registered
  618  licensee architect, interior designer, corporation, limited
  619  liability company, or partnership. Each business organization
  620  must include the license number of the registered architect or
  621  interior designer who serves as the qualifying agent for that
  622  business organization in any newspaper, telephone directory, or
  623  other advertising medium used by the business organization, but
  624  is not required to display the license numbers of other
  625  registered architects or interior designers employed by the
  626  business organization A corporation, limited liability company,
  627  or partnership is not required to display the certificate number
  628  of individual registered architects or interior designers
  629  employed by or working within the corporation, limited liability
  630  company, or partnership.
  631         Section 27. Paragraphs (a) and (c) of subsection (5) of
  632  section 481.229, Florida Statutes, are amended to read:
  633         481.229 Exceptions; exemptions from licensure.—
  634         (5)(a) Nothing contained in This part does not prohibit
  635  shall prevent a registered architect or a qualified business
  636  organization partnership, limited liability company, or
  637  corporation holding a valid certificate of authorization to
  638  provide architectural services from performing any interior
  639  design service or from using the title “interior designer” or
  640  “registered interior designer.”
  641         (c) Notwithstanding any other provision of this part, a
  642  registered architect or qualified business organization
  643  certified any corporation, partnership, or person operating
  644  under a fictitious name which holds a certificate of
  645  authorization to provide architectural services must shall be
  646  qualified, without fee, for a certificate of authorization to
  647  provide interior design services upon submission of a completed
  648  application for qualification therefor. For corporations,
  649  partnerships, and persons operating under a fictitious name
  650  which hold a certificate of authorization to provide interior
  651  design services, satisfaction of the requirements for renewal of
  652  the certificate of authorization to provide architectural
  653  services under s. 481.219 shall be deemed to satisfy the
  654  requirements for renewal of the certificate of authorization to
  655  provide interior design services under that section.
  656         Section 28. Section 481.303, Florida Statutes, is reordered
  657  and amended to read:
  658         481.303 Definitions.—As used in this chapter, the term:
  659         (1) “Board” means the Board of Landscape Architecture.
  660         (2) “Business organization” means any partnership, limited
  661  liability company, corporation, or individual operating under a
  662  fictitious name.
  663         (4)(2) “Department” means the Department of Business and
  664  Professional Regulation.
  665         (8)(3) “Registered landscape architect” means a person who
  666  holds a license to practice landscape architecture in this state
  667  under the authority of this act.
  668         (3)(4) “Certificate of registration” means a license issued
  669  by the department to a natural person to engage in the practice
  670  of landscape architecture.
  671         (5) “Certificate of authorization” means a license issued
  672  by the department to a corporation or partnership to engage in
  673  the practice of landscape architecture.
  674         (5)(6) “Landscape architecture” means professional
  675  services, including, but not limited to, the following:
  676         (a) Consultation, investigation, research, planning,
  677  design, preparation of drawings, specifications, contract
  678  documents and reports, responsible construction supervision, or
  679  landscape management in connection with the planning and
  680  development of land and incidental water areas, including the
  681  use of Florida-friendly landscaping as defined in s. 373.185,
  682  where, and to the extent that, the dominant purpose of such
  683  services or creative works is the preservation, conservation,
  684  enhancement, or determination of proper land uses, natural land
  685  features, ground cover and plantings, or naturalistic and
  686  aesthetic values;
  687         (b) The determination of settings, grounds, and approaches
  688  for and the siting of buildings and structures, outdoor areas,
  689  or other improvements;
  690         (c) The setting of grades, shaping and contouring of land
  691  and water forms, determination of drainage, and provision for
  692  storm drainage and irrigation systems where such systems are
  693  necessary to the purposes outlined herein; and
  694         (d) The design of such tangible objects and features as are
  695  necessary to the purpose outlined herein.
  696         (6)(7) “Landscape design” means consultation for and
  697  preparation of planting plans drawn for compensation, including
  698  specifications and installation details for plant materials,
  699  soil amendments, mulches, edging, gravel, and other similar
  700  materials. Such plans may include only recommendations for the
  701  conceptual placement of tangible objects for landscape design
  702  projects. Construction documents, details, and specifications
  703  for tangible objects and irrigation systems shall be designed or
  704  approved by licensed professionals as required by law.
  705         (7) “Qualifying agent” means an owner, officer, or director
  706  of the corporation, or partner of the partnership, who is
  707  responsible for the supervision, direction, and management of
  708  projects of the business organization with which she or he is
  709  affiliated and for ensuring that responsible supervising control
  710  is being exercised.
  711         Section 29. Subsection (5) of section 481.321, Florida
  712  Statutes, is amended to read:
  713         481.321 Seals; display of certificate number.—
  714         (5) Each registered landscape architect must and each
  715  corporation or partnership holding a certificate of
  716  authorization shall include her or his its certificate number in
  717  any newspaper, telephone directory, or other advertising medium
  718  used by the registered landscape architect, corporation, or
  719  partnership. A corporation or partnership must is not required
  720  to display the certificate number numbers of at least one
  721  officer, director, owner, or partner who is a individual
  722  registered landscape architect architects employed by or
  723  practicing with the corporation or partnership.
  724         Section 30. Subsection (4) of section 481.311, Florida
  725  Statutes, is amended to read:
  726         481.311 Licensure.—
  727         (4) The board shall certify as qualified for a certificate
  728  of authorization any applicant corporation or partnership who
  729  satisfies the requirements of s. 481.319.
  730         Section 31. Subsection (2) of section 481.317, Florida
  731  Statutes, is amended to read:
  732         481.317 Temporary certificates.—
  733         (2) Upon approval by the board and payment of the fee set
  734  in s. 481.307, the department shall grant a temporary
  735  certificate of authorization for work on one specified project
  736  in this state for a period not to exceed 1 year to an out-of
  737  state corporation, partnership, or firm, provided one of the
  738  principal officers of the corporation, one of the partners of
  739  the partnership, or one of the principals in the fictitiously
  740  named firm has obtained a temporary certificate of registration
  741  in accordance with subsection (1).
  742         Section 32. Section 481.319, Florida Statutes, is amended
  743  to read:
  744         481.319 Corporate and partnership practice of landscape
  745  architecture; certificate of authorization.—
  746         (1) The practice of or offer to practice landscape
  747  architecture by registered landscape architects registered under
  748  this part through a corporation or partnership offering
  749  landscape architectural services to the public, or through a
  750  corporation or partnership offering landscape architectural
  751  services to the public through individual registered landscape
  752  architects as agents, employees, officers, or partners, is
  753  permitted, subject to the provisions of this section, if:
  754         (a) One or more of the principal officers of the
  755  corporation, or partners of the partnership, and all personnel
  756  of the corporation or partnership who act in its behalf as
  757  landscape architects in this state are registered landscape
  758  architects; and
  759         (b) One or more of the officers, one or more of the
  760  directors, one or more of the owners of the corporation, or one
  761  or more of the partners of the partnership is a registered
  762  landscape architect and has applied to be the qualifying agent
  763  for the business organization; and
  764         (c) The corporation or partnership has been issued a
  765  certificate of authorization by the board as provided herein.
  766         (2) All documents involving the practice of landscape
  767  architecture which are prepared for the use of the corporation
  768  or partnership must shall bear the signature and seal of a
  769  registered landscape architect.
  770         (3) A landscape architect applying to practice in the name
  771  of a An applicant corporation must shall file with the
  772  department the names and addresses of all officers and board
  773  members of the corporation, including the principal officer or
  774  officers, duly registered to practice landscape architecture in
  775  this state and, also, of all individuals duly registered to
  776  practice landscape architecture in this state who shall be in
  777  responsible charge of the practice of landscape architecture by
  778  the corporation in this state. A landscape architect applying to
  779  practice in the name of a An applicant partnership must shall
  780  file with the department the names and addresses of all partners
  781  of the partnership, including the partner or partners duly
  782  registered to practice landscape architecture in this state and,
  783  also, of an individual or individuals duly registered to
  784  practice landscape architecture in this state who shall be in
  785  responsible charge of the practice of landscape architecture by
  786  said partnership in this state.
  787         (4) Each landscape architect qualifying a partnership or
  788  and corporation licensed under this part must shall notify the
  789  department within 1 month of any change in the information
  790  contained in the application upon which the license is based.
  791  Any landscape architect who terminates her or his or her
  792  employment with a partnership or corporation licensed under this
  793  part shall notify the department of the termination within 1
  794  month.
  795         (5) Disciplinary action against a corporation or
  796  partnership shall be administered in the same manner and on the
  797  same grounds as disciplinary action against a registered
  798  landscape architect.
  799         (5)(6) Except as provided in s. 558.0035, the fact that a
  800  registered landscape architect practices landscape architecture
  801  through a corporation or partnership as provided in this section
  802  does not relieve the landscape architect from personal liability
  803  for her or his or her professional acts.
  804         Section 33. Subsection (5) of section 481.329, Florida
  805  Statutes, is amended to read:
  806         481.329 Exceptions; exemptions from licensure.—
  807         (5) This part does not prohibit any person from engaging in
  808  the practice of landscape design, as defined in s. 481.303(6) s.
  809  481.303(7), or from submitting for approval to a governmental
  810  agency planting plans that are independent of, or a component
  811  of, construction documents that are prepared by a Florida
  812  registered professional. Persons providing landscape design
  813  services shall not use the title, term, or designation
  814  “landscape architect,” “landscape architectural,” “landscape
  815  architecture,” “L.A.,” “landscape engineering,” or any
  816  description tending to convey the impression that she or he is a
  817  landscape architect unless she or he is registered as provided
  818  in this part.
  819         Section 34. Subsection (1) of section 548.017, Florida
  820  Statutes, is amended to read:
  821         548.017 Participants, managers, and other persons required
  822  to have licenses.—
  823         (1) A participant, manager, trainer, second, timekeeper,
  824  referee, judge, announcer, physician, matchmaker, or promoter
  825  must be licensed before directly or indirectly acting in such
  826  capacity in connection with any match involving a participant. A
  827  physician approved by the commission must be licensed pursuant
  828  to chapter 458 or chapter 459, must maintain an unencumbered
  829  license in good standing, and must demonstrate satisfactory
  830  medical training or experience in boxing, or a combination of
  831  both, to the executive director before working as the ringside
  832  physician.
  833         Section 35. Paragraph (i) of subsection (2) of section
  834  548.003, Florida Statutes, is amended to read:
  835         548.003 Florida State Boxing Commission.—
  836         (2) The Florida State Boxing Commission, as created by
  837  subsection (1), shall administer the provisions of this chapter.
  838  The commission has authority to adopt rules pursuant to ss.
  839  120.536(1) and 120.54 to implement the provisions of this
  840  chapter and to implement each of the duties and responsibilities
  841  conferred upon the commission, including, but not limited to:
  842         (i) Designation and duties of a knockdown timekeeper.
  843         Section 36. This act shall take effect October 1, 2017.
  844  ================= T I T L E  A M E N D M E N T ================
  845  And the title is amended as follows:
  846         Delete everything before the enacting clause
  847  and insert:
  848                        A bill to be entitled                      
  849         An act relating to regulated professions and
  850         occupations; amending s. 287.055, F.S.; redefining the
  851         term “design-build firm”; amending s. 326.004, F.S.;
  852         deleting a requirement that yacht and ship brokers
  853         maintain a separate license for each branch office and
  854         related fees; amending s. 447.02, F.S.; deleting a
  855         definition; repealing s. 447.04, F.S., relating to
  856         business agents, licenses, and permits; repealing s.
  857         447.041, F.S., relating to hearings; repealing s.
  858         447.045, F.S., relating to certain confidential
  859         information; repealing s. 447.06, F.S., relating to
  860         the required registration of labor organizations;
  861         amending s. 447.09, F.S.; deleting prohibitions
  862         against specified actions; repealing s. 447.12, F.S.,
  863         relating to registration fees; repealing s. 447.16,
  864         F.S., relating to the applicability of ch. 447, F.S.;
  865         amending s. 468.603, F.S.; redefining the terms
  866         “building code administrator,” “building official,”
  867         and “building code inspector”; amending s. 468.617,
  868         F.S.; providing that a county or municipal government,
  869         school board, community college board, state
  870         university, or state agency is not prohibited from
  871         entering into any contract with any person or entity
  872         for the provision of building code administrator or
  873         building official services; amending s. 469.006, F.S.;
  874         requiring an individual applicant to apply for
  875         licensure in the name of the business organization
  876         that he or she proposes to operate under; requiring
  877         that a license be in the name of a qualifying agent
  878         rather than the name of a business organization;
  879         requiring the qualifying agent, rather than the
  880         business organization, to report certain changes in
  881         information; conforming provisions to changes made by
  882         the act; amending s. 469.009, F.S.; deleting the
  883         authority of the department to reprimand, censure, or
  884         impose probation on certain business organizations;
  885         creating s. 474.2195, F.S.; defining terms; specifying
  886         the standard of care required for veterinary
  887         telemedicine services; requiring veterinary
  888         telemedicine to be practiced within the context of a
  889         patient relationship; providing an exception;
  890         specifying that physical examination of each animal is
  891         not required for herd animals; authorizing a
  892         veterinarian to consult with another veterinarian
  893         under certain circumstances; amending s. 476.034,
  894         F.S.; defining and redefining terms; amending s.
  895         476.114, F.S.; providing requirements for licensure by
  896         examination to practice restricted barbering;
  897         conforming a provision to changes made by the act;
  898         repealing s. 476.144(6), F.S., relating to
  899         requirements to apply for a restricted license to
  900         practice barbering; amending s. 477.013, F.S.;
  901         revising the definitions of the terms “specialty” and
  902         “hair braiding”; repealing s. 477.0132, F.S., relating
  903         to hair braiding, hair wrapping, and body wrapping
  904         registration; amending s. 477.0135, F.S.; exempting
  905         from certain licensure and registration requirements
  906         persons whose occupations or practices are confined
  907         solely to hair braiding, hair wrapping, or body
  908         wrapping; amending s. 477.019, F.S.; deleting an
  909         exemption from certain continuing education
  910         requirements for persons whose occupations or
  911         practices are confined solely to hair braiding, hair
  912         wrapping, or body wrapping; amending s. 477.026, F.S.;
  913         conforming a provision to changes made by the act;
  914         amending s. 481.203, F.S.; defining the term “business
  915         organization”; deleting the definition of the term
  916         “certificate of authorization”; amending s. 481.219,
  917         F.S.; revising the process by which a business
  918         organization obtains the requisite license to perform
  919         architectural services; requiring that a licensee or
  920         an applicant apply to qualify a business organization
  921         under certain circumstances; specifying application
  922         requirements; authorizing the Board of Architecture
  923         and Interior Design to deny an application under
  924         certain circumstances; requiring that a qualifying
  925         agent be a registered architect or a registered
  926         interior designer under certain circumstances;
  927         requiring that a qualifying agent notify the
  928         department when she or he ceases to be affiliated with
  929         a business organization; prohibiting a business
  930         organization from engaging in certain practices until
  931         it is qualified by a qualifying agent; authorizing the
  932         executive director or the chair of the board to
  933         authorize a certain registered architect or interior
  934         designer to temporarily serve as the business
  935         organization’s qualifying agent for a specified
  936         timeframe under certain circumstances; requiring the
  937         qualifying agent to give written notice to the
  938         department before engaging in practice under her or
  939         his own name or in affiliation with another business
  940         organization; requiring the board to certify an
  941         applicant to qualify one or more business
  942         organizations or to operate using a fictitious name
  943         under certain circumstances; conforming provisions to
  944         changes made by the act; amending s. 481.221, F.S.;
  945         requiring a business organization to include the
  946         license number of a certain registered architect or
  947         interior designer in any advertising; providing an
  948         exception; conforming provisions to changes made by
  949         the act; amending s. 481.229, F.S.; conforming
  950         provisions to changes made by the act; reordering and
  951         amending s. 481.303, F.S.; defining and redefining
  952         terms; amending s. 481.321, F.S.; revising provisions
  953         that require persons to display certificate numbers
  954         under certain circumstances; conforming provisions to
  955         changes made by the act; amending ss. 481.311,
  956         481.317, and 481.319, F.S.; conforming provisions to
  957         changes made by the act; amending s. 481.329, F.S.;
  958         conforming a cross-reference; amending s. 548.017,
  959         F.S.; revising the persons required to be licensed by
  960         the State Boxing Commission; amending s. 548.003,
  961         F.S.; conforming a provision to changes made by the
  962         act; providing an effective date.