Florida Senate - 2017 SB 802
By Senator Passidomo
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.
184 Be It Enacted by the Legislature of the State of Florida:
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
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
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
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
242 Section 15. Section 468.3852, Florida Statutes, is
244 Section 16. Section 468.3855, Florida Statutes, is
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
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
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
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
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
438 (b) The department may file for an injunction or bring any
439 other appropriate civil action against anyone who violates this
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.
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;
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
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
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. ;
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
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
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.
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
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.
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
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
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.
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
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
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
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
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
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
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.
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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 b e 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
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,
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
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
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
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
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.