Florida Senate - 2017                                     SB 802
       
       
        
       By Senator Passidomo
       
       28-00505-17                                            2017802__
    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 related
    6         fees; amending s. 447.02, F.S.; deleting a definition;
    7         repealing s. 447.04, F.S., relating to business
    8         agents, licenses, and permits; repealing s. 447.041,
    9         F.S., relating to hearings; repealing s. 447.045,
   10         F.S., relating to certain confidential information;
   11         repealing s. 447.06, F.S., relating to the required
   12         registration of labor organizations; amending s.
   13         447.09, F.S.; deleting prohibitions against specified
   14         actions; repealing s. 447.12, F.S., relating to
   15         registration fees; repealing s. 447.16, F.S., relating
   16         to the applicability of ch. 447, F.S.; amending s.
   17         468.381, F.S.; revising legislative findings and
   18         intent; amending s. 468.382, F.S.; deleting
   19         definitions; repealing s. 468.384, F.S., relating to
   20         the Florida Board of Auctioneers; repealing s.
   21         468.385, F.S., relating to required licenses,
   22         qualifications, and examination to practice
   23         auctioneering; repealing s. 468.3851, F.S., relating
   24         to license renewals for auctioneers; repealing s.
   25         468.3852, F.S., relating to reactivation of license
   26         and fees; repealing s. 468.3855, F.S., relating to
   27         apprenticeship training requirements; repealing s.
   28         468.386, F.S., relating to fees and local licensing
   29         requirements; repealing s. 468.387, F.S., relating to
   30         licensing of nonresidents, endorsement, and
   31         reciprocity; amending s. 468.388, F.S.; conforming
   32         provisions to changes made by the act; amending s.
   33         468.389, F.S.; providing for a civil cause of action,
   34         rather than disciplinary proceedings, for certain
   35         prohibited acts; conforming provisions to changes made
   36         by the act; amending s. 468.391, F.S.; conforming
   37         cross-references; repealing s. 468.392, F.S., relating
   38         to the Auctioneer Recovery Fund; repealing s. 468.393,
   39         F.S., relating to a license fee surcharge and
   40         assessments; repealing s. 468.394, F.S., relating to
   41         credited interest and payment of expenses; repealing
   42         s. 468.395, F.S., relating to conditions of recovery
   43         and eligibility; repealing s. 468.396, F.S., relating
   44         to claims against a single licensee in excess of
   45         dollar limitation, joinder of claims, payment, and
   46         insufficient funds; repealing s. 468.397, F.S.,
   47         relating to payment of claims; repealing s. 468.398,
   48         F.S., relating to suspension of a judgment debtor’s
   49         license, repayment by the licensee, and interest;
   50         repealing s. 468.399, F.S., relating to the
   51         expenditure of excess funds; amending s. 468.401,
   52         F.S.; deleting the definitions of the terms
   53         “department,” “license,” and “licensee”; repealing s.
   54         468.402, F.S., relating to the duties of the
   55         Department of Business and Professional Regulation;
   56         repealing s. 468.403, F.S., relating to licensure and
   57         application requirements for owners and operators of
   58         talent agencies; repealing s. 468.404, F.S., relating
   59         to fees and renewal of talent agency licenses;
   60         repealing s. 468.405, F.S., relating to qualification
   61         for talent agency licenses; amending s. 468.406, F.S.;
   62         deleting the requirement for talent agencies to file
   63         with the department an itemized schedule of certain
   64         fees and an amended or supplemental schedule under
   65         certain circumstances; repealing s. 468.407, F.S.,
   66         relating to license contents and posting; amending s.
   67         468.408, F.S.; deleting a requirement that a talent
   68         agency file a bond for each talent agency license;
   69         deleting a departmental requirement to approve talent
   70         agency bonds; requiring that a bonding company notify
   71         the talent agency, rather than the department, of
   72         certain claims; amending s. 468.409, F.S.; deleting
   73         provisions requiring talent agencies to make specified
   74         records readily available for inspection by the
   75         department; amending s. 468.410, F.S.; deleting a
   76         reference to the department in talent agency
   77         contracts; amending s. 468.412, F.S.; revising the
   78         information that talent agencies are required to enter
   79         on records; revising the requirements for talent
   80         agencies to post certain laws and rules; revising the
   81         information required in talent agency publications;
   82         amending s. 468.413, F.S.; deleting provisions
   83         relating to criminal violations for failing to obtain
   84         or maintain licensure with the department; deleting
   85         provisions authorizing the court to suspend or revoke
   86         a license; deleting a provision authorizing the
   87         department to impose a $5,000 fine under certain
   88         circumstances; repealing s. 468.414, F.S., relating to
   89         collection and deposit of fines, fees, and penalties
   90         by the department; amending s. 468.415, F.S.; deleting
   91         a provision authorizing the department to permanently
   92         revoke a license; amending s. 469.006, F.S.; requiring
   93         an individual applicant to apply for licensure in the
   94         name of the business organization that he or she
   95         proposes to operate under; requiring that a license be
   96         in the name of a qualifying agent rather than the name
   97         of a business organization; requiring the qualifying
   98         agent, rather than the business organization, to
   99         report certain changes in information; conforming
  100         provisions to changes made by the act; amending s.
  101         469.009, F.S.; deleting the authority of the
  102         department to reprimand, censure, or impose probation
  103         on certain business organizations; amending s.
  104         476.034, F.S.; defining and redefining terms; amending
  105         s. 476.114, F.S.; revising requirements for licensure
  106         by examination for barbers; providing requirements for
  107         licensure by examination to practice restricted
  108         barbering; conforming a cross-reference; amending s.
  109         476.144, F.S.; conforming a cross-reference; amending
  110         s. 477.013, F.S.; revising the definition of the term
  111         “specialty”; repealing s. 477.0132, F.S., relating to
  112         hair braiding, hair wrapping, and body wrapping
  113         registration; amending s. 477.0135, F.S.; exempting
  114         from certain licensure and registration requirements
  115         persons whose occupation or practice is confined
  116         solely to hair braiding, hair wrapping, or body
  117         wrapping; amending s. 477.019, F.S.; deleting an
  118         exemption from certain continuing education
  119         requirements for persons whose occupation or practice
  120         is confined solely to hair braiding, hair wrapping, or
  121         body wrapping; amending s. 477.0201, F.S.; providing
  122         requirements for registration as a specialist in nail
  123         specialty practices, facial specialty practices, and
  124         full specialty practices; amending s. 477.026, F.S.;
  125         conforming a provision to changes made by the act;
  126         amending s. 481.203, F.S.; defining the term “business
  127         organization”; deleting the definition of the term
  128         “certificate of authorization”; amending s. 481.219,
  129         F.S.; revising the process by which a business
  130         organization obtains the requisite license to perform
  131         architectural services; requiring that a licensee or
  132         an applicant apply to qualify a business organization
  133         under certain circumstances; specifying application
  134         requirements; authorizing the Board of Architecture
  135         and Interior Design to deny an application under
  136         certain circumstances; requiring that a qualifying
  137         agent be a registered architect or a registered
  138         interior designer under certain circumstances;
  139         requiring that a qualifying agent notify the
  140         department when she or he ceases to be affiliated with
  141         a business organization; prohibiting a business
  142         organization from engaging in certain practices until
  143         it is qualified by a qualifying agent; authorizing the
  144         executive director or the chair of the board to
  145         authorize a certain registered architect or interior
  146         designer to temporarily serve as the business
  147         organization’s qualifying agent for a specified
  148         timeframe under certain circumstances; requiring the
  149         qualifying agent to give written notice to the
  150         department before engaging in practice under her or
  151         his own name or in affiliation with another business
  152         organization; requiring the board to certify an
  153         applicant to qualify one or more business
  154         organizations or to operate using a fictitious name
  155         under certain circumstances; conforming provisions to
  156         changes made by the act; amending s. 481.221, F.S.;
  157         requiring a business organization to include the
  158         license number of a certain registered architect or
  159         interior designer in any advertising; providing an
  160         exception; conforming provisions to changes made by
  161         the act; amending s. 481.229, F.S.; conforming
  162         provisions to changes made by the act; reordering and
  163         amending s. 481.303, F.S.; defining and redefining
  164         terms; amending s. 481.321, F.S.; revising provisions
  165         that require persons to display certificate numbers
  166         under certain circumstances; conforming provisions to
  167         changes made by the act; amending ss. 481.311,
  168         481.317, and 481.319, F.S.; conforming provisions to
  169         changes made by the act; amending s. 481.329, F.S.;
  170         conforming a cross-reference; amending s. 492.111,
  171         F.S.; revising requirements for the practice of, or
  172         offer to practice, professional geology; deleting a
  173         requirement that a firm, corporation, or partnership
  174         be issued a specified certificate of authorization;
  175         conforming provisions to changes made by the act;
  176         amending ss. 492.104, 492.113, and 492.115, F.S.;
  177         conforming provisions to changes made by the act;
  178         amending s. 548.017, F.S.; revising the persons
  179         required to be licensed by the State Boxing
  180         Commission; amending s. 548.003, F.S.; conforming a
  181         provision to changes made by the act; providing an
  182         effective date.
  183          
  184  Be It Enacted by the Legislature of the State of Florida:
  185  
  186         Section 1. Subsection (13) of section 326.004, Florida
  187  Statutes, is amended to read:
  188         326.004 Licensing.—
  189         (13) Each broker must maintain a principal place of
  190  business in this state and may establish branch offices in the
  191  state. A separate license must be maintained for each branch
  192  office. The division shall establish by rule a fee not to exceed
  193  $100 for each branch office license.
  194         Section 2. Subsection (3) of section 447.02, Florida
  195  Statutes, is amended to read:
  196         447.02 Definitions.—The following terms, when used in this
  197  chapter, shall have the meanings ascribed to them in this
  198  section:
  199         (3) The term “department” means the Department of Business
  200  and Professional Regulation.
  201         Section 3. Section 447.04, Florida Statutes, is repealed.
  202         Section 4. Section 447.041, Florida Statutes, is repealed.
  203         Section 5. Section 447.045, Florida Statutes, is repealed.
  204         Section 6. Section 447.06, Florida Statutes, is repealed.
  205         Section 7. Subsections (6) and (8) of section 447.09,
  206  Florida Statutes, are amended to read:
  207         447.09 Right of franchise preserved; penalties.—It shall be
  208  unlawful for any person:
  209         (6) To act as a business agent without having obtained and
  210  possessing a valid and subsisting license or permit.
  211         (8) To make any false statement in an application for a
  212  license.
  213         Section 8. Section 447.12, Florida Statutes, is repealed.
  214         Section 9. Section 447.16, Florida Statutes, is repealed.
  215         Section 10. Section 468.381, Florida Statutes, is amended
  216  to read:
  217         468.381 Purpose.—The Legislature finds that dishonest or
  218  unscrupulous unqualified auctioneers and apprentices and
  219  unreliable auction businesses present a significant threat to
  220  the public. It is the intent of the Legislature to protect the
  221  public by creating civil and criminal causes of action against a
  222  board to regulate auctioneers, apprentices, and auction
  223  businesses and by requiring a license to operate.
  224         Section 11. Present subsections (6), (7), and (8) of
  225  section 468.382, Florida Statutes, are redesignated as
  226  subsections (3), (4), and (5), respectively, and subsection (2)
  227  and present subsections (3), (4), and (5) of that section are
  228  amended, to read:
  229         468.382 Definitions.—As used in this act, the term:
  230         (2) “Auctioneer” means any person who conducts auctions
  231  within the State of Florida licensed pursuant to this part who
  232  holds a valid Florida auctioneer license.
  233         (3) “Apprentice” means any person who is being trained as
  234  an auctioneer by a licensed auctioneer.
  235         (4) “Board” means the Florida Board of Auctioneers.
  236         (5) “Department” means the Department of Business and
  237  Professional Regulation.
  238         Section 12. Section 468.384, Florida Statutes, is repealed.
  239         Section 13. Section 468.385, Florida Statutes, is repealed.
  240         Section 14. Section 468.3851, Florida Statutes, is
  241  repealed.
  242         Section 15. Section 468.3852, Florida Statutes, is
  243  repealed.
  244         Section 16. Section 468.3855, Florida Statutes, is
  245  repealed.
  246         Section 17. Section 468.386, Florida Statutes, is repealed.
  247         Section 18. Section 468.387, Florida Statutes, is repealed.
  248         Section 19. Section 468.388, Florida Statutes, is amended
  249  to read:
  250         468.388 Conduct of an auction.—
  251         (1) Prior to conducting an auction in this state, an
  252  auctioneer or auction business shall execute a written agreement
  253  with the owner, or the agent of the owner, of any property to be
  254  offered for sale, stating:
  255         (a) The name and address of the owner of the property;
  256         (b) The name and address of the person employing the
  257  auctioneer or auction business, if different from the owner; and
  258         (c) The terms or conditions upon which the auctioneer or
  259  auction business will receive the property for sale and remit
  260  the sales proceeds to the owner.
  261         (2) The auctioneer or auction business shall give the owner
  262  one copy of the agreement and shall keep one copy for 2 years
  263  after the date of the auction.
  264         (3) Each auctioneer or auction business shall maintain a
  265  record book of all sales. The record book shall be open to
  266  inspection by the board at reasonable times.
  267         (4) Each auction must be conducted by an auctioneer who has
  268  an active license or by an apprentice who has an active
  269  apprentice auctioneer license and who has received prior written
  270  sponsor consent. Each auction must be conducted under the
  271  auspices of a licensed auction business. Any auctioneer or
  272  apprentice auctioneer conducting an auction, and any auction
  273  business under whose auspices such auction is held, shall be
  274  responsible for determining that any auctioneer, apprentice, or
  275  auction business with whom they are associated in conducting
  276  such auction has an active Florida auctioneer, apprentice, or
  277  auction business license.
  278         (5) The principal auctioneer shall prominently display at
  279  the auction site the licenses of the principal auctioneer, the
  280  auction business, and any other licensed auctioneers or
  281  apprentices who are actively participating in the auction. If
  282  such a display is not practicable, then an oral announcement at
  283  the beginning of the auction or a prominent written announcement
  284  that these licenses are available for inspection at the auction
  285  site must be made.
  286         (4)(6) If a buyer premium or any surcharge is a condition
  287  to sale at any auction, the amount of the premium or surcharge
  288  must be announced at the beginning of the auction and a written
  289  notice of this information must be conspicuously displayed or
  290  distributed to the public at the auction site.
  291         (5)(7) At the beginning of an auction must be announced the
  292  terms of bidding and sale and whether the sale is with reserve,
  293  without reserve, or absolute or if a minimum bid is required. If
  294  the sale is absolute and has been announced or advertised as
  295  such, an article or lot may not be withdrawn from sale once a
  296  bid has been accepted. If no bid is received within a reasonable
  297  time, the item or lot may be withdrawn.
  298         (6)(8) If an auction has been advertised as absolute, no
  299  bid shall be accepted from the owner of the property or from
  300  someone acting on behalf of the owner unless the right to bid is
  301  specifically permitted by law.
  302         (7)(9) The auction business under which the auction is
  303  conducted is responsible for all other aspects of the auction as
  304  required by this part board rule. The auction business may
  305  delegate in whole, or in part, different aspects of the auction
  306  only to the extent that such delegation is permitted by law and
  307  that such delegation will not impede the principal auctioneer’s
  308  ability to ensure the proper conduct of his or her independent
  309  responsibility for the auction. The auction business under whose
  310  auspices the auction is conducted is responsible for ensuring
  311  compliance as required by this part board rule.
  312         (8)(a)(10)(a) When settlement is not made immediately after
  313  an auction, all sale proceeds received for another person must
  314  be deposited in an escrow or trust account in an insured bank or
  315  savings and loan association located in this state within 2
  316  working days after the auction. A maximum of $100 may be kept in
  317  the escrow account for administrative purposes.
  318         (b) Each auction business shall maintain, for not less than
  319  2 years, a separate ledger showing the funds held for another
  320  person deposited and disbursed by the auction business for each
  321  auction. The escrow or trust account must be reconciled monthly
  322  with the bank statement. A signed and dated record shall be
  323  maintained for a 2-year period and be available for inspection
  324  by the department or at the request of the board.
  325         (c) Any interest which accrues to sale proceeds on deposit
  326  shall be the property of the seller for whom the funds were
  327  received unless the parties have agreed otherwise by written
  328  agreement executed prior to the auction.
  329         (d) Unless otherwise provided by written agreement executed
  330  prior to the auction, funds received by a licensee from the
  331  seller or his or her agent for expenses, including advertising,
  332  must be expended for the purposes advanced or refunded to the
  333  seller at the time of final settlement. Any funds so received
  334  shall be maintained in an escrow or trust account in an insured
  335  bank or savings and loan association located in this state.
  336  However, this does not prohibit advanced payment of a flat fee.
  337         (11)(a) All advertising by an auctioneer or auction
  338  business shall include the name and Florida license number of
  339  such auctioneer and auction business. The term “advertising”
  340  shall not include articles of clothing, directional signs, or
  341  other promotional novelty items.
  342         (9)(a)(b)A No licensed auctioneer, apprentice, or auction
  343  business may not disseminate or cause to be disseminated any
  344  advertisement or advertising that which is false, deceptive,
  345  misleading, or untruthful. Any advertisement or advertising is
  346  shall be deemed to be false, deceptive, misleading, or
  347  untruthful if it:
  348         1. Contains misrepresentations of facts.
  349         2. Is misleading or deceptive because, in its content or in
  350  the context in which it is presented, it makes only a partial
  351  disclosure of relevant facts.
  352         3. Creates false or unjustified expectations of the
  353  services to be performed.
  354         4. Contains any representation or claim which the
  355  advertising licensee fails to perform.
  356         5. Fails to include the name and license number of the
  357  principal auctioneer and the auction business.
  358         6. Fails to include the name and license number of the
  359  sponsor if an apprentice is acting as the principal auctioneer.
  360         7. Advertises an auction as absolute without specifying any
  361  and all items to be sold with reserve or with minimum bids.
  362         8. Fails to include the percentage amount of any buyer’s
  363  premium or surcharge which is a condition to sale.
  364         (b)(c)The provisions of This subsection applies apply to
  365  media exposure of any nature, regardless of whether it is in the
  366  form of paid advertising.
  367         (c)(d) The auction business is shall be responsible for the
  368  content of all advertising disseminated in preparation for an
  369  auction.
  370         Section 20. Section 468.389, Florida Statutes, is amended
  371  to read:
  372         468.389 Prohibited acts; penalties.—
  373         (1) The following acts are shall be grounds for a civil
  374  cause of action for damages against the auctioneer, auction
  375  business, or any owner or manager thereof, or, in the case of
  376  corporate ownership, any substantial stockholder of the
  377  corporation owning the auction business the disciplinary
  378  activities provided in subsections (2) and (3):
  379         (1)(a) A violation of any law relating to trade or commerce
  380  of this state or of the state in which an auction is conducted.
  381         (2)(b) Misrepresentation of property for sale at auction or
  382  making false promises concerning the use, value, or condition of
  383  such property by an auctioneer or auction business or by anyone
  384  acting as an agent of or with the consent of the auctioneer or
  385  auction business.
  386         (3)(c) Failure to account for or to pay or return, within a
  387  reasonable time not to exceed 30 days, money or property
  388  belonging to another which has come into the control of an
  389  auctioneer or auction business through an auction.
  390         (4)(d) False, deceptive, misleading, or untruthful
  391  advertising.
  392         (5)(e) Any conduct in connection with a sales transaction
  393  which demonstrates bad faith or dishonesty.
  394         (6)(f) Using or permitting the use of false bidders,
  395  cappers, or shills.
  396         (7)(g) Making any material false statement on a license
  397  application.
  398         (8)(h) Commingling money or property of another person with
  399  his or her own. Every auctioneer and auction business shall
  400  maintain a separate trust or escrow account in an insured bank
  401  or savings and loan association located in this state in which
  402  shall be deposited all proceeds received for another person
  403  through an auction sale.
  404         (9)(i) Refusal or neglect of any auctioneer or other
  405  receiver of public moneys to pay the moneys so received into the
  406  State Treasury at the times and under the regulations prescribed
  407  by law.
  408         (10)(j) Violating a statute or administrative rule
  409  regulating practice under this part or a lawful disciplinary
  410  order of the board or the department.
  411         (k) Having a license to practice a comparable profession
  412  revoked, suspended, or otherwise acted against by another state,
  413  territory, or country.
  414         (11)(l) Being convicted or found guilty, regardless of
  415  adjudication, of a crime in any jurisdiction which directly
  416  relates to the practice or the ability to practice the
  417  profession of auctioneering.
  418         (2) When the board finds any person guilty of any of the
  419  prohibited acts set forth in subsection (1), it may enter an
  420  order imposing one or more of the following penalties:
  421         (a) Refusal to certify to the department an application for
  422  licensure.
  423         (b) Revocation or suspension of a license.
  424         (c) Imposition of an administrative fine not to exceed
  425  $1,000 for each count or separate offense.
  426         (d) Issuance of a reprimand.
  427         (e) Placement of the auctioneer on probation for a period
  428  of time and subject to conditions as the board may specify,
  429  including requiring the auctioneer to successfully complete the
  430  licensure examination.
  431         (f) Requirement that the person in violation make
  432  restitution to each consumer affected by that violation. Proof
  433  of such restitution shall be a signed and notarized release
  434  executed by the consumer or the consumer’s estate.
  435         (3)(a) Failure to pay a fine within a reasonable time, as
  436  prescribed by board rule, may be grounds for disciplinary
  437  action.
  438         (b) The department may file for an injunction or bring any
  439  other appropriate civil action against anyone who violates this
  440  part.
  441         Section 21. Section 468.391, Florida Statutes, is amended
  442  to read:
  443         468.391 Penalty.—Any auctioneer, apprentice, or auction
  444  business or any owner or manager thereof, or, in the case of
  445  corporate ownership, any substantial stockholder of the
  446  corporation owning the auction business, who operates without an
  447  active license or violates s. 468.389 (3), (5), (6), (8) s.
  448  468.389(1)(c), (e), (f), (h), or (9) (i) commits a felony of the
  449  third degree, punishable as provided in s. 775.082 or s.
  450  775.083.
  451         Section 22. Section 468.392, Florida Statutes, is repealed.
  452         Section 23. Section 468.393, Florida Statutes, is repealed.
  453         Section 24. Section 468.394, Florida Statutes, is repealed.
  454         Section 25. Section 468.395, Florida Statutes, is repealed.
  455         Section 26. Section 468.396, Florida Statutes, is repealed.
  456         Section 27. Section 468.397, Florida Statutes, is repealed.
  457         Section 28. Section 468.398, Florida Statutes, is repealed.
  458         Section 29. Section 468.399, Florida Statutes, is repealed.
  459         Section 30. Section 468.401, Florida Statutes, is amended
  460  to read:
  461         468.401 Regulation of Talent agencies; definitions.—As used
  462  in this part or any rule adopted pursuant hereto:
  463         (8)(1) “Talent agency” means any person who, for
  464  compensation, engages in the occupation or business of procuring
  465  or attempting to procure engagements for an artist.
  466         (6)(2) “Owner” means any partner in a partnership, member
  467  of a firm, or principal officer or officers of a corporation,
  468  whose partnership, firm, or corporation owns a talent agency, or
  469  any individual who is the sole owner of a talent agency.
  470         (3) “Compensation” means any one or more of the following:
  471         (a) Any money or other valuable consideration paid or
  472  promised to be paid for services rendered by any person
  473  conducting the business of a talent agency under this part;
  474         (b) Any money received by any person in excess of that
  475  which has been paid out by such person for transportation,
  476  transfer of baggage, or board and lodging for any applicant for
  477  employment; or
  478         (c) The difference between the amount of money received by
  479  any person who furnishes employees, performers, or entertainers
  480  for circus, vaudeville, theatrical, or other entertainments,
  481  exhibitions, engagements, or performances and the amount paid by
  482  him or her to such employee, performer, or entertainer.
  483         (4) “Engagement” means any employment or placement of an
  484  artist, where the artist performs in his or her artistic
  485  capacity. However, the term “engagement” shall not apply to
  486  procuring opera, music, theater, or dance engagements for any
  487  organization defined in s. 501(c)(3) of the Internal Revenue
  488  Code or any nonprofit Florida arts organization that has
  489  received a grant from the Division of Cultural Affairs of the
  490  Department of State or has participated in the state touring
  491  program of the Division of Cultural Affairs.
  492         (5) “Department” means the Department of Business and
  493  Professional Regulation.
  494         (5)(6) “Operator” means the person who is or who will be in
  495  actual charge of a talent agency.
  496         (2)(7) “Buyer” or “employer” means a person, company,
  497  partnership, or corporation that uses the services of a talent
  498  agency to provide artists.
  499         (1)(8) “Artist” means a person performing on the
  500  professional stage or in the production of television, radio, or
  501  motion pictures; a musician or group of musicians; or a model.
  502         (7)(9) “Person” means any individual, company, society,
  503  firm, partnership, association, corporation, manager, or any
  504  agent or employee of any of the foregoing.
  505         (10) “License” means a license issued by the Department of
  506  Business and Professional Regulation to carry on the business of
  507  a talent agency under this part.
  508         (11) “Licensee” means a talent agency which holds a valid
  509  unrevoked and unforfeited license issued under this part.
  510         Section 31. Section 468.402, Florida Statutes, is repealed.
  511         Section 32. Section 468.403, Florida Statutes, is repealed.
  512         Section 33. Section 468.404, Florida Statutes, is repealed.
  513         Section 34. Section 468.405, Florida Statutes, is repealed.
  514         Section 35. Subsection (1) of section 468.406, Florida
  515  Statutes, is amended to read:
  516         468.406 Fees to be charged by talent agencies; rates;
  517  display.—
  518         (1) Each owner or operator of a talent agency shall post
  519  applicant for a license shall file with the application an
  520  itemized schedule of maximum fees, charges, and commissions that
  521  which it intends to charge and collect for its services. This
  522  schedule may thereafter be raised only by filing with the
  523  department an amended or supplemental schedule at least 30 days
  524  before the change is to become effective. The schedule shall be
  525  posted in a conspicuous place in each place of business of the
  526  agency, and the schedule shall be printed in not less than a 30
  527  point boldfaced type, except that an agency that uses written
  528  contracts containing maximum fee schedules need not post such
  529  schedules.
  530         Section 36. Section 468.407, Florida Statutes, is repealed.
  531         Section 37. Subsection (1) of section 468.408, Florida
  532  Statutes, is amended to read:
  533         468.408 Bond required.—
  534         (1) A There shall be filed with the department for each
  535  talent agency shall obtain license a bond in the form of a
  536  surety by a reputable company engaged in the bonding business
  537  and authorized to do business in this state. The bond shall be
  538  for the penal sum of $5,000, with one or more sureties to be
  539  approved by the department, and be conditioned that the talent
  540  agency applicant conform to and not violate any of the duties,
  541  terms, conditions, provisions, or requirements of this part.
  542         (a) If any person is aggrieved by the misconduct of any
  543  talent agency, the person may maintain an action in his or her
  544  own name upon the bond of the agency in any court having
  545  jurisdiction of the amount claimed. All such claims shall be
  546  assignable, and the assignee shall be entitled to the same
  547  remedies, upon the bond of the agency or otherwise, as the
  548  person aggrieved would have been entitled to if such claim had
  549  not been assigned. Any claim or claims so assigned may be
  550  enforced in the name of such assignee.
  551         (b) The bonding company shall notify the talent agency
  552  department of any claim against such bond, and a copy of such
  553  notice shall be sent to the talent agency against which the
  554  claim is made.
  555         Section 38. Section 468.409, Florida Statutes, is amended
  556  to read:
  557         468.409 Records required to be kept.—Each talent agency
  558  shall keep on file the application, registration, or contract of
  559  each artist. In addition, such file must include the name and
  560  address of each artist, the amount of the compensation received,
  561  and all attempts to procure engagements for the artist. No such
  562  agency or employee thereof shall knowingly make any false entry
  563  in applicant files or receipt files. Each card or document in
  564  such files shall be preserved for a period of 1 year after the
  565  date of the last entry thereon. Records required under this
  566  section shall be readily available for inspection by the
  567  department during reasonable business hours at the talent
  568  agency’s principal office. A talent agency must provide the
  569  department with true copies of the records in the manner
  570  prescribed by the department.
  571         Section 39. Subsection (3) of section 468.410, Florida
  572  Statutes, is amended to read:
  573         468.410 Prohibition against registration fees; referral.—
  574         (3) A talent agency shall give each applicant a copy of a
  575  contract, within 24 hours after the contract’s execution, which
  576  lists the services to be provided and the fees to be charged.
  577  The contract shall state that the talent agency is regulated by
  578  the department and shall list the address and telephone number
  579  of the department.
  580         Section 40. Section 468.412, Florida Statutes, is amended
  581  to read:
  582         468.412 Talent agency regulations; prohibited acts.—
  583         (1) A talent agency shall maintain a record sheet for each
  584  booking. This shall be the only required record of placement and
  585  shall be kept for a period of 1 year after the date of the last
  586  entry in the buyer’s file.
  587         (2) Each talent agency shall keep records in which shall be
  588  entered:
  589         (a) The name and address of each artist employing such
  590  talent agency;
  591         (b) The amount of fees received from each such artist; and
  592         (c) The employment in which each such artist is engaged at
  593  the time of employing such talent agency and the amount of
  594  compensation of the artist in such employment, if any, and the
  595  employments subsequently secured by such artist during the term
  596  of the contract between the artist and the talent agency and the
  597  amount of compensation received by the artist pursuant thereto.;
  598  and
  599         (d) Other information which the department may require from
  600  time to time.
  601         (3) All books, records, and other papers kept pursuant to
  602  this act by any talent agency shall be open at all reasonable
  603  hours to the inspection of the department and its agents. Each
  604  talent agency shall furnish to the department, upon request, a
  605  true copy of such books, records, and papers, or any portion
  606  thereof, and shall make such reports as the department may
  607  prescribe from time to time.
  608         (3)(4) Each talent agency shall post in a conspicuous place
  609  in the office of such talent agency a printed copy of this part
  610  and of the rules adopted under this part. Such copies shall also
  611  contain the name and address of the officer charged with
  612  enforcing this part. The department shall furnish to talent
  613  agencies printed copies of any statute or rule required to be
  614  posted under this subsection.
  615         (4)(a)(5)(a) No talent agency may knowingly issue a
  616  contract for employment containing any term or condition which,
  617  if complied with, would be in violation of law, or attempt to
  618  fill an order for help to be employed in violation of law.
  619         (b) A talent agency must advise an artist, in writing, that
  620  the artist has a right to rescind a contract for employment
  621  within the first 3 business days after the contract’s execution.
  622  Any engagement procured by the talent agency for the artist
  623  during the first 3 business days of the contract remains
  624  commissionable to the talent agency.
  625         (5)(6) No talent agency may publish or cause to be
  626  published any false, fraudulent, or misleading information,
  627  representation, notice, or advertisement. All advertisements of
  628  a talent agency by means of card, circulars, or signs, and in
  629  newspapers and other publications, and all letterheads,
  630  receipts, and blanks shall be printed and contain the licensed
  631  name, department license number, and address of the talent
  632  agency and the words “talent agency.” No talent agency may give
  633  any false information or make any false promises or
  634  representations concerning an engagement or employment to any
  635  applicant who applies for an engagement or employment.
  636         (6)(7) No talent agency may send or cause to be sent any
  637  person as an employee to any house of ill fame, to any house or
  638  place of amusement for immoral purposes, to any place resorted
  639  to for the purposes of prostitution, to any place for the
  640  modeling or photographing of a minor in the nude in the absence
  641  of written permission from the minor’s parents or legal
  642  guardians, the character of which places the talent agency could
  643  have ascertained upon reasonable inquiry.
  644         (7)(8) No talent agency, without the written consent of the
  645  artist, may divide fees with anyone, including, but not limited
  646  to, an agent or other employee of an employer, a buyer, a
  647  casting director, a producer, a director, or any venue that uses
  648  entertainment. For purposes of this subsection, to “divide fees”
  649  includes the sharing among two or more persons of those fees
  650  charged to an artist for services performed on behalf of that
  651  artist, the total amount of which fees exceeds the amount that
  652  would have been charged to the artist by the talent agency
  653  alone.
  654         (8)(9) If a talent agency collects from an artist a fee or
  655  expenses for obtaining employment for the artist, and the artist
  656  fails to procure such employment, or the artist fails to be paid
  657  for such employment if procured, such talent agency shall, upon
  658  demand therefor, repay to the artist the fee and expenses so
  659  collected. Unless repayment thereof is made within 48 hours
  660  after demand therefor, the talent agency shall pay to the artist
  661  an additional sum equal to the amount of the fee.
  662         (9)(10) Each talent agency must maintain a permanent office
  663  and must maintain regular operating hours at that office.
  664         (10)(11) A talent agency may assign an engagement contract
  665  to another talent agency licensed in this state only if the
  666  artist agrees in writing to the assignment. The assignment must
  667  occur, and written notice of the assignment must be given to the
  668  artist, within 30 days after the artist agrees in writing to the
  669  assignment.
  670         Section 41. Section 468.413, Florida Statutes, is amended
  671  to read:
  672         468.413 Legal requirements; penalties.—
  673         (1) Each of the following acts constitutes a felony of the
  674  third degree, punishable as provided in s. 775.082, s. 775.083,
  675  or s. 775.084:
  676         (a) Owning or operating, or soliciting business as, a
  677  talent agency in this state without first procuring a license
  678  from the department.
  679         (b) Obtaining or attempting to obtain a license by means of
  680  fraud, misrepresentation, or concealment.
  681         (2) Each of the following acts constitutes a misdemeanor of
  682  the second degree, punishable as provided in s. 775.082 or s.
  683  775.083:
  684         (a) Relocating a business as a talent agency, or operating
  685  under any name other than that designated on the license, unless
  686  written notification is given to the department and to the
  687  surety or sureties on the original bond, and unless the license
  688  is returned to the department for the recording thereon of such
  689  changes.
  690         (b) Assigning or attempting to assign a license issued
  691  under this part.
  692         (c) Failing to show on a license application whether or not
  693  the agency or any owner of the agency is financially interested
  694  in any other business of like nature and, if so, failing to
  695  specify such interest or interests.
  696         (a)(d) Failing to maintain the records required by s.
  697  468.409 or knowingly making false entries in such records.
  698         (b)(e) Requiring as a condition to registering or obtaining
  699  employment or placement for any applicant that the applicant
  700  subscribe to, purchase, or attend any publication, postcard
  701  service, advertisement, resume service, photography service,
  702  school, acting school, workshop, or acting workshop.
  703         (c)(f) Failing to give each applicant a copy of a contract
  704  which lists the services to be provided and the fees to be
  705  charged by, which states that the talent agency is regulated by
  706  the department, and which lists the address and telephone number
  707  of the department.
  708         (d)(g) Failing to maintain a record sheet as required by s.
  709  468.412(1).
  710         (e)(h) Knowingly sending or causing to be sent any artist
  711  to a prospective employer or place of business, the character or
  712  operation of which employer or place of business the talent
  713  agency knows to be in violation of the laws of the United States
  714  or of this state.
  715         (3) The court may, in addition to other punishment provided
  716  for in subsection (2), suspend or revoke the license of any
  717  licensee under this part who has been found guilty of any
  718  misdemeanor listed in subsection (2).
  719         (2)(4) In the event that the department or any state
  720  attorney shall have probable cause to believe that a talent
  721  agency or other person has violated any provision of subsection
  722  (1), an action may be brought by the department or any state
  723  attorney to enjoin such talent agency or any person from
  724  continuing such violation, or engaging therein or doing any acts
  725  in furtherance thereof, and for such other relief as to the
  726  court seems appropriate. In addition to this remedy, the
  727  department may assess a penalty against any talent agency or any
  728  person in an amount not to exceed $5,000.
  729         Section 42. Section 468.414, Florida Statutes, is repealed.
  730         Section 43. Section 468.415, Florida Statutes, is amended
  731  to read:
  732         468.415 Sexual misconduct in the operation of a talent
  733  agency.—The talent agent-artist relationship is founded on
  734  mutual trust. Sexual misconduct in the operation of a talent
  735  agency means violation of the talent agent-artist relationship
  736  through which the talent agent uses the relationship to induce
  737  or attempt to induce the artist to engage or attempt to engage
  738  in sexual activity. Sexual misconduct is prohibited in the
  739  operation of a talent agency. If Any agent, owner, or operator
  740  of a licensed talent agency who commits is found to have
  741  committed sexual misconduct in the operation of a talent agency,
  742  the agency license shall be permanently revoked. Such agent,
  743  owner, or operator shall be permanently prohibited from acting
  744  disqualified from present and future licensure as an agent,
  745  owner, or operator of a Florida talent agency.
  746         Section 44. Paragraphs (a) and (e) of subsection (2),
  747  subsection (3), paragraph (b) of subsection (4), and subsection
  748  (6) of section 469.006, Florida Statutes, are amended to read:
  749         469.006 Licensure of business organizations; qualifying
  750  agents.—
  751         (2)(a) If the applicant proposes to engage in consulting or
  752  contracting as a partnership, corporation, business trust, or
  753  other legal entity, or in any name other than the applicant’s
  754  legal name, the legal entity must apply for licensure through a
  755  qualifying agent or the individual applicant must apply for
  756  licensure under the name of the business organization fictitious
  757  name.
  758         (e) A The license, when issued upon application of a
  759  business organization, must be in the name of the qualifying
  760  agent business organization, and the name of the business
  761  organization qualifying agent must be noted on the license
  762  thereon. If there is a change in any information that is
  763  required to be stated on the application, the qualifying agent
  764  business organization shall, within 45 days after such change
  765  occurs, mail the correct information to the department.
  766         (3) The qualifying agent must shall be licensed under this
  767  chapter in order for the business organization to be qualified
  768  licensed in the category of the business conducted for which the
  769  qualifying agent is licensed. If any qualifying agent ceases to
  770  be affiliated with such business organization, the agent shall
  771  so inform the department. In addition, if such qualifying agent
  772  is the only licensed individual affiliated with the business
  773  organization, the business organization shall notify the
  774  department of the termination of the qualifying agent and has
  775  shall have 60 days after from the date of termination of the
  776  qualifying agent’s affiliation with the business organization in
  777  which to employ another qualifying agent. The business
  778  organization may not engage in consulting or contracting until a
  779  qualifying agent is employed, unless the department has granted
  780  a temporary nonrenewable license to the financially responsible
  781  officer, the president, the sole proprietor, a partner, or, in
  782  the case of a limited partnership, the general partner, who
  783  assumes all responsibilities of a primary qualifying agent for
  784  the entity. This temporary license only allows shall only allow
  785  the entity to proceed with incomplete contracts.
  786         (4)
  787         (b) Upon a favorable determination by the department, after
  788  investigation of the financial responsibility, credit, and
  789  business reputation of the qualifying agent and the new business
  790  organization, the department shall issue, without any
  791  examination, a new license in the qualifying agent’s business
  792  organization’s name, and the name of the business organization
  793  qualifying agent shall be noted thereon.
  794         (6) Each qualifying agent shall pay the department an
  795  amount equal to the original fee for licensure of a new business
  796  organization. if the qualifying agent for a business
  797  organization desires to qualify additional business
  798  organizations., The department shall require the agent to
  799  present evidence of supervisory ability and financial
  800  responsibility of each such organization. Allowing a licensee to
  801  qualify more than one business organization must shall be
  802  conditioned upon the licensee showing that the licensee has both
  803  the capacity and intent to adequately supervise each business
  804  organization. The department may shall not limit the number of
  805  business organizations that which the licensee may qualify
  806  except upon the licensee’s failure to provide such information
  807  as is required under this subsection or upon a finding that the
  808  such information or evidence as is supplied is incomplete or
  809  unpersuasive in showing the licensee’s capacity and intent to
  810  comply with the requirements of this subsection. A qualification
  811  for an additional business organization may be revoked or
  812  suspended upon a finding by the department that the licensee has
  813  failed in the licensee’s responsibility to adequately supervise
  814  the operations of the business organization. Failure to
  815  adequately supervise the operations of a business organization
  816  is shall be grounds for denial to qualify additional business
  817  organizations.
  818         Section 45. Subsection (1) of section 469.009, Florida
  819  Statutes, is amended to read:
  820         469.009 License revocation, suspension, and denial of
  821  issuance or renewal.—
  822         (1) The department may revoke, suspend, or deny the
  823  issuance or renewal of a license; reprimand, censure, or place
  824  on probation any contractor, consultant, or financially
  825  responsible officer, or business organization; require financial
  826  restitution to a consumer; impose an administrative fine not to
  827  exceed $5,000 per violation; require continuing education; or
  828  assess costs associated with any investigation and prosecution
  829  if the contractor or consultant, or business organization or
  830  officer or agent thereof, is found guilty of any of the
  831  following acts:
  832         (a) Willfully or deliberately disregarding or violating the
  833  health and safety standards of the Occupational Safety and
  834  Health Act of 1970, the Construction Safety Act, the National
  835  Emission Standards for Asbestos, the Environmental Protection
  836  Agency Asbestos Abatement Projects Worker Protection Rule, the
  837  Florida Statutes or rules promulgated thereunder, or any
  838  ordinance enacted by a political subdivision of this state.
  839         (b) Violating any provision of chapter 455.
  840         (c) Failing in any material respect to comply with the
  841  provisions of this chapter or any rule promulgated hereunder.
  842         (d) Acting in the capacity of an asbestos contractor or
  843  asbestos consultant under any license issued under this chapter
  844  except in the name of the licensee as set forth on the issued
  845  license.
  846         (e) Proceeding on any job without obtaining all applicable
  847  approvals, authorizations, permits, and inspections.
  848         (f) Obtaining a license by fraud or misrepresentation.
  849         (g) Being convicted or found guilty of, or entering a plea
  850  of nolo contendere to, regardless of adjudication, a crime in
  851  any jurisdiction which directly relates to the practice of
  852  asbestos consulting or contracting or the ability to practice
  853  asbestos consulting or contracting.
  854         (h) Knowingly violating any building code, lifesafety code,
  855  or county or municipal ordinance relating to the practice of
  856  asbestos consulting or contracting.
  857         (i) Performing any act which assists a person or entity in
  858  engaging in the prohibited unlicensed practice of asbestos
  859  consulting or contracting, if the licensee knows or has
  860  reasonable grounds to know that the person or entity was
  861  unlicensed.
  862         (j) Committing mismanagement or misconduct in the practice
  863  of contracting that causes financial harm to a customer.
  864  Financial mismanagement or misconduct occurs when:
  865         1. Valid liens have been recorded against the property of a
  866  contractor’s customer for supplies or services ordered by the
  867  contractor for the customer’s job; the contractor has received
  868  funds from the customer to pay for the supplies or services; and
  869  the contractor has not had the liens removed from the property,
  870  by payment or by bond, within 75 days after the date of such
  871  liens;
  872         2. The contractor has abandoned a customer’s job and the
  873  percentage of completion is less than the percentage of the
  874  total contract price paid to the contractor as of the time of
  875  abandonment, unless the contractor is entitled to retain such
  876  funds under the terms of the contract or refunds the excess
  877  funds within 30 days after the date the job is abandoned; or
  878         3. The contractor’s job has been completed, and it is shown
  879  that the customer has had to pay more for the contracted job
  880  than the original contract price, as adjusted for subsequent
  881  change orders, unless such increase in cost was the result of
  882  circumstances beyond the control of the contractor, was the
  883  result of circumstances caused by the customer, or was otherwise
  884  permitted by the terms of the contract between the contractor
  885  and the customer.
  886         (k) Being disciplined by any municipality or county for an
  887  act or violation of this chapter.
  888         (l) Failing in any material respect to comply with the
  889  provisions of this chapter, or violating a rule or lawful order
  890  of the department.
  891         (m) Abandoning an asbestos abatement project in which the
  892  asbestos contractor is engaged or under contract as a
  893  contractor. A project may be presumed abandoned after 20 days if
  894  the contractor terminates the project without just cause and
  895  without proper notification to the owner, including the reason
  896  for termination; if the contractor fails to reasonably secure
  897  the project to safeguard the public while work is stopped; or if
  898  the contractor fails to perform work without just cause for 20
  899  days.
  900         (n) Signing a statement with respect to a project or
  901  contract falsely indicating that the work is bonded; falsely
  902  indicating that payment has been made for all subcontracted
  903  work, labor, and materials which results in a financial loss to
  904  the owner, purchaser, or contractor; or falsely indicating that
  905  workers’ compensation and public liability insurance are
  906  provided.
  907         (o) Committing fraud or deceit in the practice of asbestos
  908  consulting or contracting.
  909         (p) Committing incompetency or misconduct in the practice
  910  of asbestos consulting or contracting.
  911         (q) Committing gross negligence, repeated negligence, or
  912  negligence resulting in a significant danger to life or property
  913  in the practice of asbestos consulting or contracting.
  914         (r) Intimidating, threatening, coercing, or otherwise
  915  discouraging the service of a notice to owner under part I of
  916  chapter 713 or a notice to contractor under chapter 255 or part
  917  I of chapter 713.
  918         (s) Failing to satisfy, within a reasonable time, the terms
  919  of a civil judgment obtained against the licensee, or the
  920  business organization qualified by the licensee, relating to the
  921  practice of the licensee’s profession.
  922  
  923  For the purposes of this subsection, construction is considered
  924  to be commenced when the contract is executed and the contractor
  925  has accepted funds from the customer or lender.
  926         Section 46. Subsection (2) of section 476.034, Florida
  927  Statutes, is amended, and subsections (6) and (7) are added to
  928  that section, to read:
  929         476.034 Definitions.—As used in this act:
  930         (2) “Barbering” means any of the following practices when
  931  done for remuneration and for the public, but not when done for
  932  the treatment of disease or physical or mental ailments:
  933  shaving, cutting, trimming, coloring, shampooing, arranging,
  934  dressing, curling, or waving the hair or beard or applying oils,
  935  creams, lotions, or other preparations to the face, scalp, or
  936  neck, either by hand or by mechanical appliances, and includes
  937  restricted barbering services.
  938         (6)“Restricted barber” means a person who is licensed to
  939  engage in the practice of restricted barbering in this state
  940  under the authority of this chapter and is subject to the same
  941  requirements and restrictions as a barber, except as specified
  942  in s. 476.114.
  943         (7) “Restricted barbering” means any of the following
  944  practices when done for remuneration and for the public, but not
  945  when done for the treatment of disease or physical or mental
  946  ailments: shaving, cutting, trimming, shampooing, arranging,
  947  dressing, or curling the hair or beard, including the
  948  application of shampoo, hair conditioners, shaving creams, hair
  949  tonic, and hair spray to the face, scalp, or neck, either by
  950  hand or by mechanical appliances. The term does not include the
  951  application of oils, creams, lotions, or other preparations to
  952  the face, scalp, or neck.
  953         Section 47. Section 476.114, Florida Statutes, is amended
  954  to read:
  955         476.114 Examination; prerequisites.—
  956         (1) A person desiring to be licensed as a barber shall
  957  apply to the department for licensure and is.
  958         (2) An applicant shall be eligible for licensure by
  959  examination to practice barbering if he or she the applicant:
  960         (a) Is at least 16 years of age;
  961         (b) Pays the required application fee; and
  962         (c)1. Holds an active valid license to practice barbering
  963  in another state, has held the license for at least 1 year, and
  964  does not qualify for licensure by endorsement as provided for in
  965  s. 476.144(5); or
  966         2. Has received a minimum of 800 1,200 hours of training in
  967  sanitation, safety, and laws and rules, as established by the
  968  board, which must shall include, but is shall not be limited to,
  969  the equivalent of completion of services directly related to the
  970  practice of barbering at one of the following:
  971         a. A school of barbering licensed pursuant to chapter 1005;
  972         b. A barbering program within the public school system; or
  973         c. A government-operated barbering program in this state.
  974  
  975  The board shall establish by rule procedures whereby the school
  976  or program may certify that a person is qualified to take the
  977  required examination after the completion of a minimum of 1,000
  978  actual school hours. If the person passes the examination, she
  979  or he shall have satisfied this requirement; but if the person
  980  fails the examination, she or he shall not be qualified to take
  981  the examination again until the completion of the full
  982  requirements provided by this section.
  983         (2) An applicant is eligible for licensure by examination
  984  to practice restricted barbering if he or she:
  985         (a) Is at least 16 years of age;
  986         (b) Pays the required application fee; and
  987         (c)1. Holds an active valid license to practice barbering
  988  in another state, has held the license for at least 1 year, and
  989  does not qualify for licensure by endorsement as provided for in
  990  s. 476.144(5); or
  991         2. Has received a minimum of 525 hours of training in
  992  sanitation, safety, and laws and rules, as established by the
  993  board, which must include, but is not limited to, the equivalent
  994  of completion of services directly related to the practice of
  995  restricted barbering at one of the following:
  996         a. A school of barbering licensed pursuant to chapter 1005;
  997         b. A barbering program within the public school system; or
  998         c. A government-operated barbering program in this state.
  999         (3) An applicant who meets the requirements set forth in
 1000  subparagraphs (1)(c)1. and 2. and (2)(c)1. and 2. who fails to
 1001  pass the examination may take subsequent examinations as many
 1002  times as necessary to pass, except that the board may specify by
 1003  rule reasonable timeframes for rescheduling the examination and
 1004  additional training requirements for applicants who, after the
 1005  third attempt, fail to pass the examination. Prior to
 1006  reexamination, the applicant must file the appropriate form and
 1007  pay the reexamination fee as required by rule.
 1008         Section 48. Paragraph (a) of subsection (6) of section
 1009  476.144, Florida Statutes, is amended to read:
 1010         476.144 Licensure.—
 1011         (6) A person may apply for a restricted license to practice
 1012  barbering. The board shall adopt rules specifying procedures for
 1013  an applicant to obtain a restricted license if the applicant:
 1014         (a)1. Has successfully completed a restricted barber
 1015  course, as established by rule of the board, at a school of
 1016  barbering licensed pursuant to chapter 1005, a barbering program
 1017  within the public school system, or a government-operated
 1018  barbering program in this state; or
 1019         2.a. Holds or has within the previous 5 years held an
 1020  active valid license to practice barbering in another state or
 1021  country or has held a Florida barbering license which has been
 1022  declared null and void for failure to renew the license, and the
 1023  applicant fulfilled the requirements of s. 476.114(1)(c)2. s.
 1024  476.114(2)(c)2. for initial licensure; and
 1025         b. Has not been disciplined relating to the practice of
 1026  barbering in the previous 5 years; and
 1027  
 1028  The restricted license shall limit the licensee’s practice to
 1029  those specific areas in which the applicant has demonstrated
 1030  competence pursuant to rules adopted by the board.
 1031         Section 49. Subsection (6) of section 477.013, Florida
 1032  Statutes, is amended to read:
 1033         477.013 Definitions.—As used in this chapter:
 1034         (6) “Specialty” means the practice of one or more of the
 1035  following:
 1036         (a) Nail specialty, which includes:
 1037         1. Manicuring, or the cutting, polishing, tinting,
 1038  coloring, cleansing, adding, or extending of the nails, and
 1039  massaging of the hands. This term includes any procedure or
 1040  process for the affixing of artificial nails, except those nails
 1041  which may be applied solely by use of a simple adhesive; and.
 1042         2.(b) Pedicuring, or the shaping, polishing, tinting, or
 1043  cleansing of the nails of the feet, and massaging or beautifying
 1044  of the feet.
 1045         (b)(c)Facial specialty, which includes facials, or the
 1046  massaging or treating of the face or scalp with oils, creams,
 1047  lotions, or other preparations, and skin care services.
 1048         (c)Full specialty, which includes manicuring, pedicuring,
 1049  and facial services, including all services as described in
 1050  paragraphs (a) and (b).
 1051         Section 50. Section 477.0132, Florida Statutes, is
 1052  repealed.
 1053         Section 51. Subsections (7), (8), and (9) are added to
 1054  section 477.0135, Florida Statutes, to read:
 1055         477.0135 Exemptions.—
 1056         (7) A license or registration is not required for a person
 1057  whose occupation or practice is confined solely to hair braiding
 1058  as defined in s. 477.013(9).
 1059         (8) A license or registration is not required for a person
 1060  whose occupation or practice is confined solely to hair wrapping
 1061  as defined in s. 477.013(10).
 1062         (9) A license or registration is not required for a person
 1063  whose occupation or practice is confined solely to body wrapping
 1064  as defined in s. 477.013(12).
 1065         Section 52. Present paragraph (b) of subsection (7) of
 1066  section 477.019, Florida Statutes, is amended, and paragraph (c)
 1067  of that subsection is redesignated as paragraph (b), to read:
 1068         477.019 Cosmetologists; qualifications; licensure;
 1069  supervised practice; license renewal; endorsement; continuing
 1070  education.—
 1071         (7)
 1072         (b) Any person whose occupation or practice is confined
 1073  solely to hair braiding, hair wrapping, or body wrapping is
 1074  exempt from the continuing education requirements of this
 1075  subsection.
 1076         Section 53. Subsection (1) of section 477.0201, Florida
 1077  Statutes, is amended, present subsections (2) through (6) of
 1078  that section are redesignated as subsections (4) through (8),
 1079  respectively, and new subsections (2) and (3) are added to that
 1080  section, to read:
 1081         477.0201 Specialty registration; qualifications;
 1082  registration renewal; endorsement.—
 1083         (1) A Any person is qualified for registration as a
 1084  specialist in nail any one or more of the specialty practices
 1085  within the practice of cosmetology under this chapter if he or
 1086  she meets both of the following requirements who:
 1087         (a) Is at least 16 years of age or has received a high
 1088  school diploma.
 1089         (b) Has received a minimum of 150 hours of training as
 1090  established by the board, which must focus primarily on
 1091  sanitation and safety and include, but not be limited to, the
 1092  equivalent of completion of services directly related to the
 1093  practice of a nail certificate of completion in a specialty
 1094  pursuant to s. 477.013(6)(a), s. 477.013(6) from one of the
 1095  following:
 1096         1. A school licensed pursuant to s. 477.023.
 1097         2. A school licensed pursuant to chapter 1005 or the
 1098  equivalent licensing authority of another state.
 1099         3. A specialty program within the public school system.
 1100         4. A specialty division within the Cosmetology Division of
 1101  the Florida School for the Deaf and the Blind, provided the
 1102  training programs comply with minimum curriculum requirements
 1103  established by the board.
 1104         (2) A person is qualified for registration as a specialist
 1105  in facial specialty practices within the practice of cosmetology
 1106  under this chapter if he or she meets both of the following
 1107  requirements:
 1108         (a) Is at least 16 years of age or has received a high
 1109  school diploma.
 1110         (b) Has received a minimum of 165 hours of training as
 1111  established by the board, which must focus on sanitation and
 1112  safety and include, but not be limited to, the equivalent of
 1113  completion of services directly related to the practice of
 1114  facial specialty pursuant to s. 477.013(6)(b), from one of the
 1115  following:
 1116         1. A school licensed pursuant to s. 477.023.
 1117         2. A school licensed pursuant to chapter 1005 or the
 1118  equivalent licensing authority of another state.
 1119         3. A specialty program within the public school system.
 1120         4. A specialty division within the Cosmetology Division of
 1121  the Florida School for the Deaf and the Blind, provided the
 1122  training programs comply with minimum curriculum requirements
 1123  established by the board.
 1124         (3) A person is qualified for registration as a specialist
 1125  in full specialty practices within the practice of cosmetology
 1126  under this chapter if he or she meets both of the following
 1127  requirements:
 1128         (a) Is at least 16 years of age or has received a high
 1129  school diploma.
 1130         (b) Has received a minimum of 300 hours of training as
 1131  established by the board, which must focus primarily on
 1132  sanitation and safety and include, but not be limited to, the
 1133  equivalent of completion of services directly related to the
 1134  practice of full specialty pursuant to s. 477.013(6)(c), from
 1135  one of the following:
 1136         1. A school licensed pursuant to s. 477.023.
 1137         2. A school licensed pursuant to chapter 1005 or the
 1138  equivalent licensing authority of another state.
 1139         3. A specialty program within the public school system.
 1140         4. A specialty division within the Cosmetology Division of
 1141  the Florida School for the Deaf and the Blind, provided the
 1142  training programs comply with minimum curriculum requirements
 1143  established by the board.
 1144         Section 54. Paragraph (f) of subsection (1) of section
 1145  477.026, Florida Statutes, is amended to read:
 1146         477.026 Fees; disposition.—
 1147         (1) The board shall set fees according to the following
 1148  schedule:
 1149         (f) For hair braiders, hair wrappers, and body wrappers,
 1150  fees for registration shall not exceed $25.
 1151         Section 55. Subsection (5) of section 481.203, Florida
 1152  Statutes, is amended to read:
 1153         481.203 Definitions.—As used in this part:
 1154         (5) “Business organization” means a partnership, a limited
 1155  liability company, a corporation, or an individual operating
 1156  under a fictitious name “Certificate of authorization” means a
 1157  certificate issued by the department to a corporation or
 1158  partnership to practice architecture or interior design.
 1159         Section 56. Section 481.219, Florida Statutes, is amended
 1160  to read:
 1161         481.219 Business organization; qualifying agents
 1162  Certification of partnerships, limited liability companies, and
 1163  corporations.—
 1164         (1) A licensee may The practice of or the offer to practice
 1165  architecture or interior design by licensees through a business
 1166  organization that offers corporation, limited liability company,
 1167  or partnership offering architectural or interior design
 1168  services to the public, or through by a business organization
 1169  that offers corporation, limited liability company, or
 1170  partnership offering architectural or interior design services
 1171  to the public through such licensees under this part as agents,
 1172  employees, officers, or partners, is permitted, subject to the
 1173  provisions of this section.
 1174         (2) If a licensee or an applicant proposes to engage in the
 1175  practice of architecture or interior design as a business
 1176  organization, the licensee or applicant must apply to qualify
 1177  the business organization For the purposes of this section, a
 1178  certificate of authorization shall be required for a
 1179  corporation, limited liability company, partnership, or person
 1180  practicing under a fictitious name, offering architectural
 1181  services to the public jointly or separately. However, when an
 1182  individual is practicing architecture in her or his own name,
 1183  she or he shall not be required to be certified under this
 1184  section. Certification under this subsection to offer
 1185  architectural services shall include all the rights and
 1186  privileges of certification under subsection (3) to offer
 1187  interior design services.
 1188         (a) An application to qualify a business organization must:
 1189         1.If the business is a partnership, state the names of the
 1190  partnership and its partners.
 1191         2.If the business is a corporation, state the names of the
 1192  corporation and its officers and directors and the name of each
 1193  of its stockholders who is also an officer or a director.
 1194         3.If the business is operating under a fictitious name,
 1195  state the fictitious name under which it is doing business.
 1196         4.If the business is not a partnership, a corporation, or
 1197  operating under a fictitious name, state the name of such other
 1198  legal entity and its members.
 1199         (b) The board may deny an application to qualify a business
 1200  organization if the applicant or any person required to be named
 1201  pursuant to paragraph (a) has been involved in past disciplinary
 1202  actions or on any grounds for which an individual registration
 1203  or certification may be denied.
 1204         (3)(a) A business organization may not engage in the
 1205  practice of architecture unless its qualifying agent is a
 1206  registered architect under this part. A business organization
 1207  may not engage in the practice of interior design unless its
 1208  qualifying agent is a registered architect or a registered
 1209  interior designer under this part. A qualifying agent who
 1210  terminates her or his affiliation with a business organization
 1211  shall immediately notify the department of such termination. If
 1212  the qualifying agent who terminates her or his affiliation is
 1213  the only qualifying agent for a business organization, the
 1214  business organization must be qualified by another qualifying
 1215  agent within 60 days after the termination. Except as provided
 1216  in paragraph (b), the business organization may not engage in
 1217  the practice of architecture or interior design until it is
 1218  qualified by a qualifying agent.
 1219         (b) In the event a qualifying architect or interior
 1220  designer ceases employment with the business organization, the
 1221  executive director or the chair of the board may authorize
 1222  another registered architect or interior designer employed by
 1223  the business organization to temporarily serve as its qualifying
 1224  agent for a period of no more than 60 days. The business
 1225  organization is not authorized to operate beyond such period
 1226  under this chapter absent replacement of the qualifying
 1227  architect or interior designer who has ceased employment.
 1228         (c) A qualifying agent shall notify the department in
 1229  writing before engaging in the practice of architecture or
 1230  interior design in her or his own name or in affiliation with a
 1231  different business organization, and she or he or such business
 1232  organization shall supply the same information to the department
 1233  as required of applicants under this part For the purposes of
 1234  this section, a certificate of authorization shall be required
 1235  for a corporation, limited liability company, partnership, or
 1236  person operating under a fictitious name, offering interior
 1237  design services to the public jointly or separately. However,
 1238  when an individual is practicing interior design in her or his
 1239  own name, she or he shall not be required to be certified under
 1240  this section.
 1241         (4) All final construction documents and instruments of
 1242  service which include drawings, specifications, plans, reports,
 1243  or other papers or documents that involve involving the practice
 1244  of architecture which are prepared or approved for the use of
 1245  the business organization corporation, limited liability
 1246  company, or partnership and filed for public record within the
 1247  state must shall bear the signature and seal of the licensee who
 1248  prepared or approved them and the date on which they were
 1249  sealed.
 1250         (5) All drawings, specifications, plans, reports, or other
 1251  papers or documents prepared or approved for the use of the
 1252  business organization corporation, limited liability company, or
 1253  partnership by an interior designer in her or his professional
 1254  capacity and filed for public record within the state must shall
 1255  bear the signature and seal of the licensee who prepared or
 1256  approved them and the date on which they were sealed.
 1257         (6) The department shall issue a certificate of
 1258  authorization to any applicant who the board certifies as
 1259  qualified for a certificate of authorization and who has paid
 1260  the fee set in s. 481.207.
 1261         (6)(7) The board shall allow certify an applicant to
 1262  qualify one or more business organizations as qualified for a
 1263  certificate of authorization to offer architectural or interior
 1264  design services, or to use a fictitious name to offer such
 1265  services, if one of the following criteria is met provided that:
 1266         (a) One or more of the principal officers of the
 1267  corporation or limited liability company, or one or more
 1268  partners of the partnership, and all personnel of the
 1269  corporation, limited liability company, or partnership who act
 1270  in its behalf in this state as architects, are registered as
 1271  provided by this part.; or
 1272         (b) One or more of the principal officers of the
 1273  corporation or one or more partners of the partnership, and all
 1274  personnel of the corporation, limited liability company, or
 1275  partnership who act in its behalf in this state as interior
 1276  designers, are registered as provided by this part.
 1277         (8) The department shall adopt rules establishing a
 1278  procedure for the biennial renewal of certificates of
 1279  authorization.
 1280         (9) The department shall renew a certificate of
 1281  authorization upon receipt of the renewal application and
 1282  biennial renewal fee.
 1283         (7)(10) Each qualifying agent approved to qualify a
 1284  business organization partnership, limited liability company,
 1285  and corporation certified under this section shall notify the
 1286  department within 30 days after of any change in the information
 1287  contained in the application upon which the qualification
 1288  certification is based. Any registered architect or interior
 1289  designer who qualifies the business organization shall ensure
 1290  corporation, limited liability company, or partnership as
 1291  provided in subsection (7) shall be responsible for ensuring
 1292  responsible supervising control of projects of the business
 1293  organization entity and shall notify the department of the upon
 1294  termination of her or his employment with a business
 1295  organization qualified partnership, limited liability company,
 1296  or corporation certified under this section shall notify the
 1297  department of the termination within 30 days after such
 1298  termination.
 1299         (8)(11)A business organization is not No corporation,
 1300  limited liability company, or partnership shall be relieved of
 1301  responsibility for the conduct or acts of its agents, employees,
 1302  or officers by reason of its compliance with this section.
 1303  However, except as provided in s. 558.0035, the architect who
 1304  signs and seals the construction documents and instruments of
 1305  service is shall be liable for the professional services
 1306  performed, and the interior designer who signs and seals the
 1307  interior design drawings, plans, or specifications is shall be
 1308  liable for the professional services performed.
 1309         (12) Disciplinary action against a corporation, limited
 1310  liability company, or partnership shall be administered in the
 1311  same manner and on the same grounds as disciplinary action
 1312  against a registered architect or interior designer,
 1313  respectively.
 1314         (9)(13)Nothing in This section may not shall be construed
 1315  to mean that a certificate of registration to practice
 1316  architecture or interior design must shall be held by a business
 1317  organization corporation, limited liability company, or
 1318  partnership. Nothing in This section does not prohibit a
 1319  business organization from offering prohibits corporations,
 1320  limited liability companies, and partnerships from joining
 1321  together to offer architectural, engineering, interior design,
 1322  surveying and mapping, and landscape architectural services, or
 1323  any combination of such services, to the public if the business
 1324  organization, provided that each corporation, limited liability
 1325  company, or partnership otherwise meets the requirements of law.
 1326         (10)(14)A business organization that is qualified by a
 1327  registered architect may Corporations, limited liability
 1328  companies, or partnerships holding a valid certificate of
 1329  authorization to practice architecture shall be permitted to use
 1330  in their title the term “interior designer” or “registered
 1331  interior designer” in its title. designer.
 1332         Section 57. Subsection (10) of section 481.221, Florida
 1333  Statutes, is amended to read:
 1334         481.221 Seals; display of certificate number.—
 1335         (10) Each registered architect or interior designer must,
 1336  and each corporation, limited liability company, or partnership
 1337  holding a certificate of authorization, shall include her or his
 1338  license its certificate number in any newspaper, telephone
 1339  directory, or other advertising medium used by the registered
 1340  licensee architect, interior designer, corporation, limited
 1341  liability company, or partnership. Each business organization
 1342  must include the license number of the registered architect or
 1343  interior designer who serves as the qualifying agent for that
 1344  business organization in any newspaper, telephone directory, or
 1345  other advertising medium used by the business organization, but
 1346  is not required to display the license numbers of other
 1347  registered architects or interior designers employed by the
 1348  business organization A corporation, limited liability company,
 1349  or partnership is not required to display the certificate number
 1350  of individual registered architects or interior designers
 1351  employed by or working within the corporation, limited liability
 1352  company, or partnership.
 1353         Section 58. Paragraphs (a) and (c) of subsection (5) of
 1354  section 481.229, Florida Statutes, are amended to read:
 1355         481.229 Exceptions; exemptions from licensure.—
 1356         (5)(a) Nothing contained in This part does not prohibit
 1357  shall prevent a registered architect or a qualified business
 1358  organization partnership, limited liability company, or
 1359  corporation holding a valid certificate of authorization to
 1360  provide architectural services from performing any interior
 1361  design service or from using the title “interior designer” or
 1362  “registered interior designer.”
 1363         (c) Notwithstanding any other provision of this part, a
 1364  registered architect or qualified business organization
 1365  certified any corporation, partnership, or person operating
 1366  under a fictitious name which holds a certificate of
 1367  authorization to provide architectural services must shall be
 1368  qualified, without fee, for a certificate of authorization to
 1369  provide interior design services upon submission of a completed
 1370  application for qualification therefor. For corporations,
 1371  partnerships, and persons operating under a fictitious name
 1372  which hold a certificate of authorization to provide interior
 1373  design services, satisfaction of the requirements for renewal of
 1374  the certificate of authorization to provide architectural
 1375  services under s. 481.219 shall be deemed to satisfy the
 1376  requirements for renewal of the certificate of authorization to
 1377  provide interior design services under that section.
 1378         Section 59. Section 481.303, Florida Statutes, is reordered
 1379  and amended to read:
 1380         481.303 Definitions.—As used in this chapter, the term:
 1381         (1) “Board” means the Board of Landscape Architecture.
 1382         (2) “Business organization” means any partnership, limited
 1383  liability company, corporation, or individual operating under a
 1384  fictitious name.
 1385         (4)(2) “Department” means the Department of Business and
 1386  Professional Regulation.
 1387         (8)(3) “Registered landscape architect” means a person who
 1388  holds a license to practice landscape architecture in this state
 1389  under the authority of this act.
 1390         (3)(4) “Certificate of registration” means a license issued
 1391  by the department to a natural person to engage in the practice
 1392  of landscape architecture.
 1393         (5) “Certificate of authorization” means a license issued
 1394  by the department to a corporation or partnership to engage in
 1395  the practice of landscape architecture.
 1396         (5)(6) “Landscape architecture” means professional
 1397  services, including, but not limited to, the following:
 1398         (a) Consultation, investigation, research, planning,
 1399  design, preparation of drawings, specifications, contract
 1400  documents and reports, responsible construction supervision, or
 1401  landscape management in connection with the planning and
 1402  development of land and incidental water areas, including the
 1403  use of Florida-friendly landscaping as defined in s. 373.185,
 1404  where, and to the extent that, the dominant purpose of such
 1405  services or creative works is the preservation, conservation,
 1406  enhancement, or determination of proper land uses, natural land
 1407  features, ground cover and plantings, or naturalistic and
 1408  aesthetic values;
 1409         (b) The determination of settings, grounds, and approaches
 1410  for and the siting of buildings and structures, outdoor areas,
 1411  or other improvements;
 1412         (c) The setting of grades, shaping and contouring of land
 1413  and water forms, determination of drainage, and provision for
 1414  storm drainage and irrigation systems where such systems are
 1415  necessary to the purposes outlined herein; and
 1416         (d) The design of such tangible objects and features as are
 1417  necessary to the purpose outlined herein.
 1418         (6)(7) “Landscape design” means consultation for and
 1419  preparation of planting plans drawn for compensation, including
 1420  specifications and installation details for plant materials,
 1421  soil amendments, mulches, edging, gravel, and other similar
 1422  materials. Such plans may include only recommendations for the
 1423  conceptual placement of tangible objects for landscape design
 1424  projects. Construction documents, details, and specifications
 1425  for tangible objects and irrigation systems shall be designed or
 1426  approved by licensed professionals as required by law.
 1427         (7) “Qualifying agent” means an owner, officer, or director
 1428  of the corporation, or partner of the partnership, who is
 1429  responsible for the supervision, direction, and management of
 1430  projects of the business organization with which she or he is
 1431  affiliated and for ensuring that responsible supervising control
 1432  is being exercised.
 1433         Section 60. Subsection (5) of section 481.321, Florida
 1434  Statutes, is amended to read:
 1435         481.321 Seals; display of certificate number.—
 1436         (5) Each registered landscape architect must and each
 1437  corporation or partnership holding a certificate of
 1438  authorization shall include her or his its certificate number in
 1439  any newspaper, telephone directory, or other advertising medium
 1440  used by the registered landscape architect, corporation, or
 1441  partnership. A corporation or partnership must is not required
 1442  to display the certificate number numbers of at least one
 1443  officer, director, owner, or partner who is a individual
 1444  registered landscape architect architects employed by or
 1445  practicing with the corporation or partnership.
 1446         Section 61. Subsection (4) of section 481.311, Florida
 1447  Statutes, is amended to read:
 1448         481.311 Licensure.—
 1449         (4) The board shall certify as qualified for a certificate
 1450  of authorization any applicant corporation or partnership who
 1451  satisfies the requirements of s. 481.319.
 1452         Section 62. Subsection (2) of section 481.317, Florida
 1453  Statutes, is amended to read:
 1454         481.317 Temporary certificates.—
 1455         (2) Upon approval by the board and payment of the fee set
 1456  in s. 481.307, the department shall grant a temporary
 1457  certificate of authorization for work on one specified project
 1458  in this state for a period not to exceed 1 year to an out-of
 1459  state corporation, partnership, or firm, provided one of the
 1460  principal officers of the corporation, one of the partners of
 1461  the partnership, or one of the principals in the fictitiously
 1462  named firm has obtained a temporary certificate of registration
 1463  in accordance with subsection (1).
 1464         Section 63. Section 481.319, Florida Statutes, is amended
 1465  to read:
 1466         481.319 Corporate and partnership practice of landscape
 1467  architecture; certificate of authorization.—
 1468         (1) The practice of or offer to practice landscape
 1469  architecture by registered landscape architects registered under
 1470  this part through a corporation or partnership offering
 1471  landscape architectural services to the public, or through a
 1472  corporation or partnership offering landscape architectural
 1473  services to the public through individual registered landscape
 1474  architects as agents, employees, officers, or partners, is
 1475  permitted, subject to the provisions of this section, if:
 1476         (a) One or more of the principal officers of the
 1477  corporation, or partners of the partnership, and all personnel
 1478  of the corporation or partnership who act in its behalf as
 1479  landscape architects in this state are registered landscape
 1480  architects; and
 1481         (b) One or more of the officers, one or more of the
 1482  directors, one or more of the owners of the corporation, or one
 1483  or more of the partners of the partnership is a registered
 1484  landscape architect and has applied to be the qualifying agent
 1485  for the business organization; and
 1486         (c) The corporation or partnership has been issued a
 1487  certificate of authorization by the board as provided herein.
 1488         (2) All documents involving the practice of landscape
 1489  architecture which are prepared for the use of the corporation
 1490  or partnership must shall bear the signature and seal of a
 1491  registered landscape architect.
 1492         (3) A landscape architect applying to practice in the name
 1493  of a An applicant corporation must shall file with the
 1494  department the names and addresses of all officers and board
 1495  members of the corporation, including the principal officer or
 1496  officers, duly registered to practice landscape architecture in
 1497  this state and, also, of all individuals duly registered to
 1498  practice landscape architecture in this state who shall be in
 1499  responsible charge of the practice of landscape architecture by
 1500  the corporation in this state. A landscape architect applying to
 1501  practice in the name of a An applicant partnership must shall
 1502  file with the department the names and addresses of all partners
 1503  of the partnership, including the partner or partners duly
 1504  registered to practice landscape architecture in this state and,
 1505  also, of an individual or individuals duly registered to
 1506  practice landscape architecture in this state who shall be in
 1507  responsible charge of the practice of landscape architecture by
 1508  said partnership in this state.
 1509         (4) Each landscape architect qualifying a partnership or
 1510  and corporation licensed under this part must shall notify the
 1511  department within 1 month of any change in the information
 1512  contained in the application upon which the license is based.
 1513  Any landscape architect who terminates her or his or her
 1514  employment with a partnership or corporation licensed under this
 1515  part shall notify the department of the termination within 1
 1516  month.
 1517         (5) Disciplinary action against a corporation or
 1518  partnership shall be administered in the same manner and on the
 1519  same grounds as disciplinary action against a registered
 1520  landscape architect.
 1521         (5)(6) Except as provided in s. 558.0035, the fact that a
 1522  registered landscape architect practices landscape architecture
 1523  through a corporation or partnership as provided in this section
 1524  does not relieve the landscape architect from personal liability
 1525  for her or his or her professional acts.
 1526         Section 64. Subsection (5) of section 481.329, Florida
 1527  Statutes, is amended to read:
 1528         481.329 Exceptions; exemptions from licensure.—
 1529         (5) This part does not prohibit any person from engaging in
 1530  the practice of landscape design, as defined in s. 481.303(6) s.
 1531  481.303(7), or from submitting for approval to a governmental
 1532  agency planting plans that are independent of, or a component
 1533  of, construction documents that are prepared by a Florida
 1534  registered professional. Persons providing landscape design
 1535  services shall not use the title, term, or designation
 1536  “landscape architect,” “landscape architectural,” “landscape
 1537  architecture,” “L.A.,” “landscape engineering,” or any
 1538  description tending to convey the impression that she or he is a
 1539  landscape architect unless she or he is registered as provided
 1540  in this part.
 1541         Section 65. Section 492.111, Florida Statutes, is amended
 1542  to read:
 1543         492.111 Practice of professional geology by a firm,
 1544  corporation, or partnership; certificate of authorization.—The
 1545  practice of, or offer to practice, professional geology by
 1546  individual professional geologists licensed under the provisions
 1547  of this chapter through a firm, corporation, or partnership
 1548  offering geological services to the public through individually
 1549  licensed professional geologists as agents, employees, officers,
 1550  or partners thereof is permitted subject to the provisions of
 1551  this chapter, if provided that:
 1552         (1) At all times that it offers geological services to the
 1553  public, the firm, corporation, or partnership is qualified by
 1554  has on file with the department the name and license number of
 1555  one or more individuals who hold a current, active license as a
 1556  professional geologist in the state and are serving as a
 1557  geologist of record for the firm, corporation, or partnership. A
 1558  geologist of record may be any principal officer or employee of
 1559  such firm or corporation, or any partner or employee of such
 1560  partnership, who holds a current, active license as a
 1561  professional geologist in this state, or any other Florida
 1562  licensed professional geologist with whom the firm, corporation,
 1563  or partnership has entered into a long-term, ongoing
 1564  relationship, as defined by rule of the board, to serve as one
 1565  of its geologists of record. It shall be the responsibility of
 1566  the firm, corporation, or partnership and The geologist of
 1567  record shall to notify the department of any changes in the
 1568  relationship or identity of that geologist of record within 30
 1569  days after such change.
 1570         (2) The firm, corporation, or partnership has been issued a
 1571  certificate of authorization by the department as provided in
 1572  this chapter. For purposes of this section, a certificate of
 1573  authorization shall be required of any firm, corporation,
 1574  partnership, association, or person practicing under a
 1575  fictitious name and offering geological services to the public;
 1576  except that, when an individual is practicing professional
 1577  geology in her or his own name, she or he shall not be required
 1578  to obtain a certificate of authorization under this section.
 1579  Such certificate of authorization shall be renewed every 2
 1580  years.
 1581         (3) All final geological papers or documents involving the
 1582  practice of the profession of geology which have been prepared
 1583  or approved for the use of such firm, corporation, or
 1584  partnership, for delivery to any person for public record with
 1585  the state, shall be dated and bear the signature and seal of the
 1586  professional geologist or professional geologists who prepared
 1587  or approved them.
 1588         (3)(4) Except as provided in s. 558.0035, the fact that a
 1589  licensed professional geologist practices through a corporation
 1590  or partnership does not relieve the registrant from personal
 1591  liability for negligence, misconduct, or wrongful acts committed
 1592  by her or him. The partnership and all partners are jointly and
 1593  severally liable for the negligence, misconduct, or wrongful
 1594  acts committed by their agents, employees, or partners while
 1595  acting in a professional capacity. Any officer, agent, or
 1596  employee of a corporation is personally liable and accountable
 1597  only for negligent acts, wrongful acts, or misconduct committed
 1598  by her or him or committed by any person under her or his direct
 1599  supervision and control, while rendering professional services
 1600  on behalf of the corporation. The personal liability of a
 1601  shareholder of a corporation, in her or his capacity as
 1602  shareholder, may be no greater than that of a shareholder
 1603  employee of a corporation incorporated under chapter 607. The
 1604  corporation is liable up to the full value of its property for
 1605  any negligent acts, wrongful acts, or misconduct committed by
 1606  any of its officers, agents, or employees while they are engaged
 1607  on behalf of the corporation in the rendering of professional
 1608  services.
 1609         (5) The firm, corporation, or partnership desiring a
 1610  certificate of authorization shall file with the department an
 1611  application therefor, upon a form to be prescribed by the
 1612  department, accompanied by the required application fee.
 1613         (6) The department may refuse to issue a certificate of
 1614  authorization if any facts exist which would entitle the
 1615  department to suspend or revoke an existing certificate of
 1616  authorization or if the department, after giving persons
 1617  involved a full and fair hearing, determines that any of the
 1618  officers or directors of said firm or corporation, or partners
 1619  of said partnership, have violated the provisions of s. 492.113.
 1620         Section 66. Section 492.104, Florida Statutes, is amended
 1621  to read:
 1622         492.104 Rulemaking authority.—The Board of Professional
 1623  Geologists may has authority to adopt rules pursuant to ss.
 1624  120.536(1) and 120.54 to implement this chapter. Every licensee
 1625  shall be governed and controlled by this chapter and the rules
 1626  adopted by the board. The board may establish is authorized to
 1627  set, by rule, fees for application, examination, certificate of
 1628  authorization, late renewal, initial licensure, and license
 1629  renewal. These fees may should not exceed the cost of
 1630  implementing the application, examination, initial licensure,
 1631  and license renewal or other administrative process and are
 1632  shall be established as follows:
 1633         (1) The application fee may shall not exceed $150 and is
 1634  shall be nonrefundable.
 1635         (2) The examination fee may shall not exceed $250, and the
 1636  fee may be apportioned to each part of a multipart examination.
 1637  The examination fee is shall be refundable in whole or part if
 1638  the applicant is found to be ineligible to take any portion of
 1639  the licensure examination.
 1640         (3) The initial license fee may shall not exceed $100.
 1641         (4) The biennial renewal fee may shall not exceed $150.
 1642         (5) The fee for a certificate of authorization shall not
 1643  exceed $350 and the fee for renewal of the certificate shall not
 1644  exceed $350.
 1645         (6) The fee for reactivation of an inactive license may
 1646  shall not exceed $50.
 1647         (6)(7) The fee for a provisional license may shall not
 1648  exceed $400.
 1649         (7)(8) The fee for application, examination, and licensure
 1650  for a license by endorsement is shall be as provided in this
 1651  section for licenses in general.
 1652         Section 67. Subsection (4) of section 492.113, Florida
 1653  Statutes, is amended to read:
 1654         492.113 Disciplinary proceedings.—
 1655         (4) The department shall reissue the license of a
 1656  disciplined professional geologist or business upon
 1657  certification by the board that the disciplined person has
 1658  complied with all of the terms and conditions set forth in the
 1659  final order.
 1660         Section 68. Section 492.115, Florida Statutes, is amended
 1661  to read:
 1662         492.115 Roster of licensed professional geologists.—A
 1663  roster showing the names and places of business or residence of
 1664  all licensed professional geologists and all properly qualified
 1665  firms, corporations, or partnerships practicing holding
 1666  certificates of authorization to practice professional geology
 1667  in the state shall be prepared annually by the department. A
 1668  copy of this roster must be made available to shall be
 1669  obtainable by each licensed professional geologist and each
 1670  firm, corporation, or partnership qualified by a professional
 1671  geologist holding a certificate of authorization, and copies
 1672  thereof shall be placed on file with the department.
 1673         Section 69. Subsection (1) of section 548.017, Florida
 1674  Statutes, is amended to read:
 1675         548.017 Participants, managers, and other persons required
 1676  to have licenses.—
 1677         (1) A participant, manager, trainer, second, timekeeper,
 1678  referee, judge, announcer, physician, matchmaker, or promoter
 1679  must be licensed before directly or indirectly acting in such
 1680  capacity in connection with any match involving a participant. A
 1681  physician approved by the commission must be licensed pursuant
 1682  to chapter 458 or chapter 459, must maintain an unencumbered
 1683  license in good standing, and must demonstrate satisfactory
 1684  medical training or experience in boxing, or a combination of
 1685  both, to the executive director before working as the ringside
 1686  physician.
 1687         Section 70. Paragraph (i) of subsection (2) of section
 1688  548.003, Florida Statutes, is amended to read:
 1689         548.003 Florida State Boxing Commission.—
 1690         (2) The Florida State Boxing Commission, as created by
 1691  subsection (1), shall administer the provisions of this chapter.
 1692  The commission has authority to adopt rules pursuant to ss.
 1693  120.536(1) and 120.54 to implement the provisions of this
 1694  chapter and to implement each of the duties and responsibilities
 1695  conferred upon the commission, including, but not limited to:
 1696         (i) Designation and duties of a knockdown timekeeper.
 1697         Section 71. This act shall take effect October 1, 2017.