Florida Senate - 2020 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 474
Ì490882?Î490882
LEGISLATIVE ACTION
Senate . House
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Senator Albritton moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 423 - 2807
4 and insert:
5 Section 18. Paragraph (n) is added to subsection (1) of
6 section 468.505, Florida Statutes, to read:
7 468.505 Exemptions; exceptions.—
8 (1) Nothing in this part may be construed as prohibiting or
9 restricting the practice, services, or activities of:
10 (n) A person who provides information, recommendations, or
11 advice concerning nutrition, or who markets food, food
12 materials, or dietary supplements for remuneration, if that
13 person does not represent himself or herself as a dietitian,
14 licensed dietitian, registered dietitian, licensed nutritionist,
15 nutrition counselor, or licensed nutrition counselor, or use any
16 word, letter, symbol, or insignia indicating or implying that he
17 or she is a dietitian, nutritionist, or nutrition counselor.
18 Section 19. Paragraph (f) of subsection (5) of section
19 468.603, Florida Statutes, is amended to read:
20 468.603 Definitions.—As used in this part:
21 (5) “Categories of building code inspectors” include the
22 following:
23 (f) “Residential One and two family dwelling inspector”
24 means a person who is qualified to inspect and determine that
25 one-family, two-family, or three-family residences not exceeding
26 two habitable stories above no more than one uninhabitable story
27 and accessory use structures in connection therewith one and two
28 family dwellings and accessory structures are constructed in
29 accordance with the provisions of the governing building,
30 plumbing, mechanical, accessibility, and electrical codes.
31 Section 20. Paragraph (c) of subsection (2) and paragraph
32 (a) of subsection (7) of section 468.609, Florida Statutes, are
33 amended to read:
34 468.609 Administration of this part; standards for
35 certification; additional categories of certification.—
36 (2) A person may take the examination for certification as
37 a building code inspector or plans examiner pursuant to this
38 part if the person:
39 (c) Meets eligibility requirements according to one of the
40 following criteria:
41 1. Demonstrates 4 5 years’ combined experience in the field
42 of construction or a related field, building code inspection, or
43 plans review corresponding to the certification category sought;
44 2. Demonstrates a combination of postsecondary education in
45 the field of construction or a related field and experience
46 which totals 3 4 years, with at least 1 year of such total being
47 experience in construction, building code inspection, or plans
48 review;
49 3. Demonstrates a combination of technical education in the
50 field of construction or a related field and experience which
51 totals 3 4 years, with at least 1 year of such total being
52 experience in construction, building code inspection, or plans
53 review;
54 4. Currently holds a standard certificate issued by the
55 board or a firesafety inspector license issued pursuant to
56 chapter 633, with has a minimum of 3 years’ verifiable full-time
57 experience in firesafety inspection or firesafety plan review,
58 and has satisfactorily completed a building code inspector or
59 plans examiner training program that provides at least 100 hours
60 but not more than 200 hours of cross-training in the
61 certification category sought. The board shall establish by rule
62 criteria for the development and implementation of the training
63 programs. The board shall accept all classroom training offered
64 by an approved provider if the content substantially meets the
65 intent of the classroom component of the training program;
66 5. Demonstrates a combination of the completion of an
67 approved training program in the field of building code
68 inspection or plan review and a minimum of 2 years’ experience
69 in the field of building code inspection, plan review, fire code
70 inspections and fire plans review of new buildings as a
71 firesafety inspector certified under s. 633.216, or
72 construction. The approved training portion of this requirement
73 shall include proof of satisfactory completion of a training
74 program that provides at least 200 hours but not more than 300
75 hours of cross-training that is approved by the board in the
76 chosen category of building code inspection or plan review in
77 the certification category sought with at least 20 hours but not
78 more than 30 hours of instruction in state laws, rules, and
79 ethics relating to professional standards of practice, duties,
80 and responsibilities of a certificateholder. The board shall
81 coordinate with the Building Officials Association of Florida,
82 Inc., to establish by rule the development and implementation of
83 the training program. However, the board shall accept all
84 classroom training offered by an approved provider if the
85 content substantially meets the intent of the classroom
86 component of the training program;
87 6. Currently holds a standard certificate issued by the
88 board or a firesafety inspector license issued pursuant to
89 chapter 633 and:
90 a. Has at least 4 5 years’ verifiable full-time experience
91 as an inspector or plans examiner in a standard certification
92 category currently held or has a minimum of 4 5 years’
93 verifiable full-time experience as a firesafety inspector
94 licensed pursuant to chapter 633.
95 b. Has satisfactorily completed a building code inspector
96 or plans examiner classroom training course or program that
97 provides at least 200 but not more than 300 hours in the
98 certification category sought, except for one-family and two
99 family dwelling training programs, which must provide at least
100 500 but not more than 800 hours of training as prescribed by the
101 board. The board shall establish by rule criteria for the
102 development and implementation of classroom training courses and
103 programs in each certification category; or
104 7.a. Has completed a 4-year internship certification
105 program as a building code inspector or plans examiner while
106 employed full-time by a municipality, county, or other
107 governmental jurisdiction, under the direct supervision of a
108 certified building official. Proof of graduation with a related
109 vocational degree or college degree or of verifiable work
110 experience may be exchanged for the internship experience
111 requirement year-for-year, but may reduce the requirement to no
112 less than 1 year.
113 b. Has passed an examination administered by the
114 International Code Council in the certification category sought.
115 Such examination must be passed before beginning the internship
116 certification program.
117 c. Has passed the principles and practice examination
118 before completing the internship certification program.
119 d. Has passed a board-approved 40-hour code training course
120 in the certification category sought before completing the
121 internship certification program.
122 e. Has obtained a favorable recommendation from the
123 supervising building official after completion of the internship
124 certification program.
125 (7)(a) The board shall provide for the issuance of
126 provisional certificates valid for 2 years 1 year, as specified
127 by board rule, to any building code inspector or plans examiner
128 who meets the eligibility requirements described in subsection
129 (2) and any newly employed or promoted building code
130 administrator who meets the eligibility requirements described
131 in subsection (3). The provisional license may be renewed by the
132 board for just cause; however, a provisional license is not
133 valid for longer than 3 years.
134 Section 21. Section 468.613, Florida Statutes, is amended
135 to read:
136 468.613 Certification by endorsement.—The board shall
137 examine other certification or training programs, as applicable,
138 upon submission to the board for its consideration of an
139 application for certification by endorsement. The board shall
140 waive its examination, qualification, education, or training
141 requirements, to the extent that such examination,
142 qualification, education, or training requirements of the
143 applicant are determined by the board to be comparable with
144 those established by the board. The board shall waive its
145 examination, qualification, education, or training requirements
146 if an applicant for certification by endorsement is at least 18
147 years of age; is of good moral character; has held a valid
148 building administrator, inspector, plans examiner, or the
149 equivalent, certification issued by another state or territory
150 of the United States for at least 10 years before the date of
151 application; and has successfully passed an applicable
152 examination administered by the International Code Council. Such
153 application must be made either when the license in another
154 state or territory is active or within 2 years after such
155 license was last active.
156 Section 22. Subsection (4) of section 468.8313, Florida
157 Statutes, is amended to read:
158 468.8313 Examinations.—
159 (4) The department may review and approve examinations that
160 the department has certified as meeting generally accepted
161 testing standards and the requirements of a national examination
162 under s. 455.217(1)(d) by a nationally recognized entity that
163 offers programs or sets standards that ensure competence as a
164 home inspector.
165 Section 23. Subsection (3) of section 468.8314, Florida
166 Statutes, is amended to read:
167 468.8314 Licensure.—
168 (3) The department shall certify as qualified for a license
169 by endorsement an applicant who is of good moral character as
170 determined in s. 468.8313, who maintains an insurance policy as
171 required by s. 468.8322, and who:;
172 (a) Holds a valid license to practice home inspection
173 services in another state or territory of the United States,
174 whose educational requirements are substantially equivalent to
175 those required by this part; and has passed a national,
176 regional, state, or territorial licensing examination that is
177 substantially equivalent to the examination required by this
178 part; or
179 (b) Has held a valid license to practice home inspection
180 services issued by another state or territory of the United
181 States for at least 10 years before the date of application.
182 Such application must be made either when the license in another
183 state or territory is active or within 2 years after such
184 license was last active.
185 Section 24. Subsection (5) of section 471.015, Florida
186 Statutes, is amended to read:
187 471.015 Licensure.—
188 (5)(a) The board shall deem that an applicant who seeks
189 licensure by endorsement has passed an examination substantially
190 equivalent to the fundamentals examination when such applicant
191 has held a valid professional engineer’s license in another
192 state for 10 15 years and has had 20 years of continuous
193 professional-level engineering experience.
194 (b) The board shall deem that an applicant who seeks
195 licensure by endorsement has passed an examination substantially
196 equivalent to the fundamentals examination and the principles
197 and practices examination when such applicant has held a valid
198 professional engineer’s license in another state for 15 25 years
199 and has had 30 years of continuous professional-level
200 engineering experience.
201 Section 25. Subsection (7) of section 473.308, Florida
202 Statutes, is amended to read:
203 473.308 Licensure.—
204 (7) The board shall certify as qualified for a license by
205 endorsement an applicant who:
206 (a)1. Is not licensed and has not been licensed in another
207 state or territory and who has met the requirements of this
208 section for education, work experience, and good moral character
209 and has passed a national, regional, state, or territorial
210 licensing examination that is substantially equivalent to the
211 examination required by s. 473.306; or and
212 2. Has completed such continuing education courses as the
213 board deems appropriate, within the limits for each applicable
214 2-year period as set forth in s. 473.312, but at least such
215 courses as are equivalent to the continuing education
216 requirements for a Florida certified public accountant licensed
217 in this state during the 2 years immediately preceding her or
218 his application for licensure by endorsement; or
219 (b)1.a. Holds a valid license to practice public accounting
220 issued by another state or territory of the United States, if
221 the criteria for issuance of such license were substantially
222 equivalent to the licensure criteria that existed in this state
223 at the time the license was issued;
224 2.b. Holds a valid license to practice public accounting
225 issued by another state or territory of the United States but
226 the criteria for issuance of such license did not meet the
227 requirements of subparagraph 1. sub-subparagraph a.; has met the
228 requirements of this section for education, work experience, and
229 good moral character; and has passed a national, regional,
230 state, or territorial licensing examination that is
231 substantially equivalent to the examination required by s.
232 473.306; or
233 3.c. Holds a valid license to practice public accounting
234 issued by another state or territory of the United States for at
235 least 10 years before the date of application; has passed a
236 national, regional, state, or territorial licensing examination
237 that is substantially equivalent to the examination required by
238 s. 473.306; and has met the requirements of this section for
239 good moral character; and
240 2. Has completed continuing education courses that are
241 equivalent to the continuing education requirements for a
242 Florida certified public accountant licensed in this state
243 during the 2 years immediately preceding her or his application
244 for licensure by endorsement.
245 Section 26. Subsection (6) of section 474.202, Florida
246 Statutes, is amended to read:
247 474.202 Definitions.—As used in this chapter:
248 (6) “Limited-service veterinary medical practice” means
249 offering or providing veterinary services at any location that
250 has a primary purpose other than that of providing veterinary
251 medical service at a permanent or mobile establishment permitted
252 by the board; provides veterinary medical services for privately
253 owned animals that do not reside at that location; operates for
254 a limited time; and provides limited types of veterinary medical
255 services, including vaccinations or immunizations against
256 disease, preventative procedures for parasitic control, and
257 microchipping.
258 Section 27. Subsection (9) is added to section 474.203,
259 Florida Statutes, to read:
260 474.203 Exemptions.—This chapter does not apply to:
261 (9) An employee, an agent, or a contractor of a public or
262 private animal shelter, humane organization, or animal control
263 agency operated by a humane organization or by a county, a
264 municipality, or another incorporated political subdivision
265 whose work is confined solely to the implantation of a radio
266 frequency identification device microchip for dogs and cats in
267 accordance with s. 823.15.
268
269 For the purposes of chapters 465 and 893, persons exempt
270 pursuant to subsection (1), subsection (2), or subsection (4)
271 are deemed to be duly licensed practitioners authorized by the
272 laws of this state to prescribe drugs or medicinal supplies.
273 Section 28. Paragraph (b) of subsection (2) of section
274 474.207, Florida Statutes, is amended to read:
275 474.207 Licensure by examination.—
276 (2) The department shall license each applicant who the
277 board certifies has:
278 (b)1. Graduated from a college of veterinary medicine
279 accredited by the American Veterinary Medical Association
280 Council on Education; or
281 2. Graduated from a college of veterinary medicine listed
282 in the American Veterinary Medical Association Roster of
283 Veterinary Colleges of the World and obtained a certificate from
284 the Education Commission for Foreign Veterinary Graduates or the
285 Program for the Assessment of Veterinary Education Equivalence.
286
287 The department shall not issue a license to any applicant who is
288 under investigation in any state or territory of the United
289 States or in the District of Columbia for an act which would
290 constitute a violation of this chapter until the investigation
291 is complete and disciplinary proceedings have been terminated,
292 at which time the provisions of s. 474.214 shall apply.
293 Section 29. Subsection (1) of section 474.217, Florida
294 Statutes, is amended to read:
295 474.217 Licensure by endorsement.—
296 (1) The department shall issue a license by endorsement to
297 any applicant who, upon applying to the department and remitting
298 a fee set by the board, demonstrates to the board that she or
299 he:
300 (a) Has demonstrated, in a manner designated by rule of the
301 board, knowledge of the laws and rules governing the practice of
302 veterinary medicine in this state; and
303 (b)1. Either Holds, and has held for the 3 years
304 immediately preceding the application for licensure, a valid,
305 active license to practice veterinary medicine in another state
306 of the United States, the District of Columbia, or a territory
307 of the United States, provided that the applicant has
308 successfully completed a state, regional, national, or other
309 examination that is equivalent to or more stringent than the
310 examination required by the board requirements for licensure in
311 the issuing state, district, or territory are equivalent to or
312 more stringent than the requirements of this chapter; or
313 2. Meets the qualifications of s. 474.207(2)(b) and has
314 successfully completed a state, regional, national, or other
315 examination which is equivalent to or more stringent than the
316 examination given by the department and has passed the board’s
317 clinical competency examination or another clinical competency
318 examination specified by rule of the board.
319 Section 30. Effective January 1, 2021, subsection (2) of
320 section 476.114, Florida Statutes, is amended to read:
321 476.114 Examination; prerequisites.—
322 (2) An applicant shall be eligible for licensure by
323 examination to practice barbering if the applicant:
324 (a) Is at least 16 years of age;
325 (b) Pays the required application fee; and
326 (c)1. Holds an active valid license to practice barbering
327 in another state, has held the license for at least 1 year, and
328 does not qualify for licensure by endorsement as provided for in
329 s. 476.144(5); or
330 2. Has received a minimum of 900 1,200 hours of training in
331 sanitation, safety, and laws and rules, as established by the
332 board, which shall include, but shall not be limited to, the
333 equivalent of completion of services directly related to the
334 practice of barbering at one of the following:
335 a. A school of barbering licensed pursuant to chapter 1005;
336 b. A barbering program within the public school system; or
337 c. A government-operated barbering program in this state.
338
339 The board shall establish by rule procedures whereby the school
340 or program may certify that a person is qualified to take the
341 required examination after the completion of a minimum of 600
342 1,000 actual school hours. If the person passes the examination,
343 she or he shall have satisfied this requirement; but if the
344 person fails the examination, she or he shall not be qualified
345 to take the examination again until the completion of the full
346 requirements provided by this section.
347 Section 31. Subsection (5) of section 476.144, Florida
348 Statutes, is amended to read:
349 476.144 Licensure.—
350 (5) The board shall certify as qualified for licensure by
351 endorsement as a barber in this state an applicant who holds a
352 current active license to practice barbering in another state.
353 The board shall adopt rules specifying procedures for the
354 licensure by endorsement of practitioners desiring to be
355 licensed in this state who hold a current active license in
356 another state or country and who have met qualifications
357 substantially similar to, equivalent to, or greater than the
358 qualifications required of applicants from this state.
359 Section 32. Subsection (9) of section 477.013, Florida
360 Statutes, is amended to read:
361 477.013 Definitions.—As used in this chapter:
362 (9) “Hair braiding” means the weaving or interweaving of
363 natural human hair or commercial hair, including the use of hair
364 extensions or wefts, for compensation without cutting, coloring,
365 permanent waving, relaxing, removing, or chemical treatment and
366 does not include the use of hair extensions or wefts.
367 Section 33. Section 477.0132, Florida Statutes, is
368 repealed.
369 Section 34. Subsections (7) through (11) are added to
370 section 477.0135, Florida Statutes, to read:
371 477.0135 Exemptions.—
372 (7) A license or registration is not required for a person
373 whose occupation or practice is confined solely to hair braiding
374 as defined in s. 477.013(9).
375 (8) A license or registration is not required for a person
376 whose occupation or practice is confined solely to hair wrapping
377 as defined in s. 477.013(10).
378 (9) A license or registration is not required for a person
379 whose occupation or practice is confined solely to body wrapping
380 as defined in s. 477.013(12).
381 (10) A license or registration is not required for a person
382 whose occupation or practice is confined solely to applying
383 polish to fingernails and toenails.
384 (11) A license or registration is not required for a person
385 whose occupation or practice is confined solely to makeup
386 application, which includes, but is not limited to, application
387 of makeup primer, face paint, lipstick, eyeliner, eye shadow,
388 foundation, rouge or cheek color, mascara, strip lashes,
389 individual lashes, face powder, corrective stick, and makeup
390 remover; but does not include manual or chemical exfoliation,
391 semipermanent lash application, lash or brow tinting, permanent
392 makeup application, microblading, or hair removal.
393 Section 35. Subsections (6) and (7) of section 477.019,
394 Florida Statutes, are amended to read:
395 477.019 Cosmetologists; qualifications; licensure;
396 supervised practice; license renewal; endorsement; continuing
397 education.—
398 (6) The board shall certify as qualified for licensure by
399 endorsement as a cosmetologist in this state an applicant who
400 holds a current active license to practice cosmetology in
401 another state. The board may not require proof of educational
402 hours if the license was issued in a state that requires 1,200
403 or more hours of prelicensure education and passage of a written
404 examination. This subsection does not apply to applicants who
405 received their license in another state through an
406 apprenticeship program.
407 (7)(a) The board shall prescribe by rule continuing
408 education requirements intended to ensure protection of the
409 public through updated training of licensees and registered
410 specialists, not to exceed 10 16 hours biennially, as a
411 condition for renewal of a license or registration as a
412 specialist under this chapter. Continuing education courses
413 shall include, but not be limited to, the following subjects as
414 they relate to the practice of cosmetology: human
415 immunodeficiency virus and acquired immune deficiency syndrome;
416 Occupational Safety and Health Administration regulations;
417 workers’ compensation issues; state and federal laws and rules
418 as they pertain to cosmetologists, cosmetology, salons,
419 specialists, specialty salons, and booth renters; chemical
420 makeup as it pertains to hair, skin, and nails; and
421 environmental issues. Courses given at cosmetology conferences
422 may be counted toward the number of continuing education hours
423 required if approved by the board.
424 (b) Any person whose occupation or practice is confined
425 solely to hair braiding, hair wrapping, or body wrapping is
426 exempt from the continuing education requirements of this
427 subsection.
428 (c) The board may, by rule, require any licensee in
429 violation of a continuing education requirement to take a
430 refresher course or refresher course and examination in addition
431 to any other penalty. The number of hours for the refresher
432 course may not exceed 48 hours.
433 Section 36. Effective January 1, 2021, subsection (1) of
434 section 477.0201, Florida Statutes, is amended to read:
435 477.0201 Specialty registration; qualifications;
436 registration renewal; endorsement.—
437 (1) Any person is qualified for registration as a
438 specialist in any one or more of the specialty practice
439 practices within the practice of cosmetology under this chapter
440 who:
441 (a) Is at least 16 years of age or has received a high
442 school diploma.
443 (b) Has received a certificate of completion for: in a
444 1. One hundred and eighty hours of training, as established
445 by the board, which shall focus primarily on sanitation and
446 safety, to practice specialties as defined in s. 477.013(6)(a)
447 and (b); specialty pursuant to s. 477.013(6)
448 2. Two hundred and twenty hours of training, as established
449 by the board, which shall focus primarily on sanitation and
450 safety, to practice the specialty as defined in s.
451 477.013(6)(c); or
452 3. Four hundred hours of training or the number of hours of
453 training required to maintain minimum Pell Grant requirements,
454 as established by the board, which shall focus primarily on
455 sanitation and safety, to practice the specialties as defined in
456 s. 477.013(6)(a)-(c).
457 (c) The certificate of completion specified in paragraph
458 (b) must be from one of the following:
459 1. A school licensed pursuant to s. 477.023.
460 2. A school licensed pursuant to chapter 1005 or the
461 equivalent licensing authority of another state.
462 3. A specialty program within the public school system.
463 4. A specialty division within the Cosmetology Division of
464 the Florida School for the Deaf and the Blind, provided the
465 training programs comply with minimum curriculum requirements
466 established by the board.
467 Section 37. Paragraph (f) of subsection (1) of section
468 477.026, Florida Statutes, is amended to read:
469 477.026 Fees; disposition.—
470 (1) The board shall set fees according to the following
471 schedule:
472 (f) For hair braiders, hair wrappers, and body wrappers,
473 fees for registration shall not exceed $25.
474 Section 38. Subsection (4) of section 477.0263, Florida
475 Statutes, is amended, and subsection (5) is added to that
476 section, to read:
477 477.0263 Cosmetology services to be performed in licensed
478 salon; exceptions.—
479 (4) Pursuant to rules adopted by the board, any cosmetology
480 or specialty service may be performed in a location other than a
481 licensed salon when the service is performed in connection with
482 a special event and is performed by a person who is employed by
483 a licensed salon and who holds the proper license or specialty
484 registration. An appointment for the performance of any such
485 service in a location other than a licensed salon must be made
486 through a licensed salon.
487 (5) Hair shampooing, hair cutting, hair arranging, nail
488 polish removal, nail filing, nail buffing, and nail cleansing
489 may be performed in a location other than a licensed salon when
490 the service is performed by a person who holds the proper
491 license.
492 Section 39. Paragraph (f) of subsection (1) of section
493 477.0265, Florida Statutes, is amended to read:
494 477.0265 Prohibited acts.—
495 (1) It is unlawful for any person to:
496 (f) Advertise or imply that skin care services or body
497 wrapping, as performed under this chapter, have any relationship
498 to the practice of massage therapy as defined in s. 480.033(3),
499 except those practices or activities defined in s. 477.013.
500 Section 40. Paragraph (a) of subsection (1) of section
501 477.029, Florida Statutes, is amended to read:
502 477.029 Penalty.—
503 (1) It is unlawful for any person to:
504 (a) Hold himself or herself out as a cosmetologist or,
505 specialist, hair wrapper, hair braider, or body wrapper unless
506 duly licensed or registered, or otherwise authorized, as
507 provided in this chapter.
508 Section 41. Section 481.201, Florida Statutes, is amended
509 to read:
510 481.201 Purpose.—The primary legislative purpose for
511 enacting this part is to ensure that every architect practicing
512 in this state meets minimum requirements for safe practice. It
513 is the legislative intent that architects who fall below minimum
514 competency or who otherwise present a danger to the public shall
515 be prohibited from practicing in this state. The Legislature
516 further finds that it is in the interest of the public to limit
517 the practice of interior design to interior designers or
518 architects who have the design education and training required
519 by this part or to persons who are exempted from the provisions
520 of this part.
521 Section 42. Section 481.203, Florida Statutes, is reordered
522 and amended to read:
523 481.203 Definitions.—As used in this part, the term:
524 (3)(1) “Board” means the Board of Architecture and Interior
525 Design.
526 (7)(2) “Department” means the Department of Business and
527 Professional Regulation.
528 (1)(3) “Architect” or “registered architect” means a
529 natural person who is licensed under this part to engage in the
530 practice of architecture.
531 (5)(4) “Certificate of registration” means a license or
532 registration issued by the department to a natural person to
533 engage in the practice of architecture or interior design.
534 (4)(5) “Business organization” means a partnership, a
535 limited liability company, a corporation, or an individual
536 operating under a fictitious name “Certificate of authorization”
537 means a certificate issued by the department to a corporation or
538 partnership to practice architecture or interior design.
539 (2)(6) “Architecture” means the rendering or offering to
540 render services in connection with the design and construction
541 of a structure or group of structures which have as their
542 principal purpose human habitation or use, and the utilization
543 of space within and surrounding such structures. These services
544 include planning, providing preliminary study designs, drawings
545 and specifications, job-site inspection, and administration of
546 construction contracts.
547 (16)(7) “Townhouse” is a single-family dwelling unit not
548 exceeding three stories in height which is constructed in a
549 series or group of attached units with property lines separating
550 such units. Each townhouse shall be considered a separate
551 building and shall be separated from adjoining townhouses by the
552 use of separate exterior walls meeting the requirements for zero
553 clearance from property lines as required by the type of
554 construction and fire protection requirements; or shall be
555 separated by a party wall; or may be separated by a single wall
556 meeting the following requirements:
557 (a) Such wall shall provide not less than 2 hours of fire
558 resistance. Plumbing, piping, ducts, or electrical or other
559 building services shall not be installed within or through the
560 2-hour wall unless such materials and methods of penetration
561 have been tested in accordance with the Standard Building Code.
562 (b) Such wall shall extend from the foundation to the
563 underside of the roof sheathing, and the underside of the roof
564 shall have at least 1 hour of fire resistance for a width not
565 less than 4 feet on each side of the wall.
566 (c) Each dwelling unit sharing such wall shall be designed
567 and constructed to maintain its structural integrity independent
568 of the unit on the opposite side of the wall.
569 (10)(8) “Interior design” means designs, consultations,
570 studies, drawings, specifications, and administration of design
571 construction contracts relating to nonstructural interior
572 elements of a building or structure. “Interior design” includes,
573 but is not limited to, reflected ceiling plans, space planning,
574 furnishings, and the fabrication of nonstructural elements
575 within and surrounding interior spaces of buildings. “Interior
576 design” specifically excludes the design of or the
577 responsibility for architectural and engineering work, except
578 for specification of fixtures and their location within interior
579 spaces. As used in this subsection, “architectural and
580 engineering interior construction relating to the building
581 systems” includes, but is not limited to, construction of
582 structural, mechanical, plumbing, heating, air-conditioning,
583 ventilating, electrical, or vertical transportation systems, or
584 construction which materially affects lifesafety systems
585 pertaining to firesafety protection such as fire-rated
586 separations between interior spaces, fire-rated vertical shafts
587 in multistory structures, fire-rated protection of structural
588 elements, smoke evacuation and compartmentalization, emergency
589 ingress or egress systems, and emergency alarm systems.
590 (13)(9) “Registered interior designer” or “interior
591 designer” means a natural person who holds a valid certificate
592 of registration to practice interior design is licensed under
593 this part.
594 (11)(10) “Nonstructural element” means an element which
595 does not require structural bracing and which is something other
596 than a load-bearing wall, load-bearing column, or other load
597 bearing element of a building or structure which is essential to
598 the structural integrity of the building.
599 (12)(11) “Reflected ceiling plan” means a ceiling design
600 plan which is laid out as if it were projected downward and
601 which may include lighting and other elements.
602 (15)(12) “Space planning” means the analysis, programming,
603 or design of spatial requirements, including preliminary space
604 layouts and final planning.
605 (6)(13) “Common area” means an area that is held out for
606 use by all tenants or owners in a multiple-unit dwelling,
607 including, but not limited to, a lobby, elevator, hallway,
608 laundry room, clubhouse, or swimming pool.
609 (8)(14) “Diversified interior design experience” means
610 experience which substantially encompasses the various elements
611 of interior design services set forth under the definition of
612 “interior design” in subsection (10)(8).
613 (9)(15) “Interior decorator services” includes the
614 selection or assistance in selection of surface materials,
615 window treatments, wallcoverings, paint, floor coverings,
616 surface-mounted lighting, surface-mounted fixtures, and loose
617 furnishings not subject to regulation under applicable building
618 codes.
619 (14)(16) “Responsible supervising control” means the
620 exercise of direct personal supervision and control throughout
621 the preparation of documents, instruments of service, or any
622 other work requiring the seal and signature of a licensee under
623 this part.
624 Section 43. Paragraph (a) of subsection (3) of section
625 481.205, Florida Statutes, is amended to read:
626 481.205 Board of Architecture and Interior Design.—
627 (3)(a) Notwithstanding the provisions of ss. 455.225,
628 455.228, and 455.32, the duties and authority of the department
629 to receive complaints and investigate and discipline persons
630 licensed or registered under this part, including the ability to
631 determine legal sufficiency and probable cause; to initiate
632 proceedings and issue final orders for summary suspension or
633 restriction of a license or certificate of registration pursuant
634 to s. 120.60(6); to issue notices of noncompliance, notices to
635 cease and desist, subpoenas, and citations; to retain legal
636 counsel, investigators, or prosecutorial staff in connection
637 with the licensed practice of architecture or registered and
638 interior design; and to investigate and deter the unlicensed
639 practice of architecture and interior design as provided in s.
640 455.228 are delegated to the board. All complaints and any
641 information obtained pursuant to an investigation authorized by
642 the board are confidential and exempt from s. 119.07(1) as
643 provided in s. 455.225(2) and (10).
644 Section 44. Section 481.207, Florida Statutes, is amended
645 to read:
646 481.207 Fees.—The board, by rule, may establish separate
647 fees for architects and registered interior designers, to be
648 paid for applications, examination, reexamination, licensing and
649 renewal, delinquency, reinstatement, and recordmaking and
650 recordkeeping. The examination fee shall be in an amount that
651 covers the cost of obtaining and administering the examination
652 and shall be refunded if the applicant is found ineligible to
653 sit for the examination. The application fee is nonrefundable.
654 The fee for initial application and examination for architects
655 and interior designers may not exceed $775 plus the actual per
656 applicant cost to the department for purchase of the examination
657 from the National Council of Architectural Registration Boards
658 or the National Council of Interior Design Qualifications,
659 respectively, or similar national organizations. The initial
660 nonrefundable fee for registered interior designers may not
661 exceed $75. The biennial renewal fee for architects may not
662 exceed $200. The biennial renewal fee for registered interior
663 designers may not exceed $75 $500. The delinquency fee may not
664 exceed the biennial renewal fee established by the board for an
665 active license. The board shall establish fees that are adequate
666 to ensure the continued operation of the board and to fund the
667 proportionate expenses incurred by the department which are
668 allocated to the regulation of architects and registered
669 interior designers. Fees shall be based on department estimates
670 of the revenue required to implement this part and the
671 provisions of law with respect to the regulation of architects
672 and interior designers.
673 Section 45. Section 481.209, Florida Statutes, is amended
674 to read:
675 481.209 Examinations.—
676 (1) A person desiring to be licensed as a registered
677 architect by initial examination shall apply to the department,
678 complete the application form, and remit a nonrefundable
679 application fee. The department shall license any applicant who
680 the board certifies:
681 (a) has passed the licensure examination prescribed by
682 board rule; and
683 (b) is a graduate of a school or college of architecture
684 with a program accredited by the National Architectural
685 Accreditation Board.
686 (2) A person seeking to obtain a certificate of
687 registration as a registered interior designer and a seal
688 pursuant to s. 481.221 must provide the department with his or
689 her name and address and written proof that he or she has
690 successfully passed the qualification examination prescribed by
691 the Council for Interior Design Qualification or its successor
692 entity or has successfully passed an equivalent exam as
693 determined by the department. Any person who is licensed as an
694 interior designer by the department and who was in good standing
695 as of July 1, 2020, is eligible to obtain a certificate of
696 registration as a registered interior designer A person desiring
697 to be licensed as a registered interior designer shall apply to
698 the department for licensure. The department shall administer
699 the licensure examination for interior designers to each
700 applicant who has completed the application form and remitted
701 the application and examination fees specified in s. 481.207 and
702 who the board certifies:
703 (a) Is a graduate from an interior design program of 5
704 years or more and has completed 1 year of diversified interior
705 design experience;
706 (b) Is a graduate from an interior design program of 4
707 years or more and has completed 2 years of diversified interior
708 design experience;
709 (c) Has completed at least 3 years in an interior design
710 curriculum and has completed 3 years of diversified interior
711 design experience; or
712 (d) Is a graduate from an interior design program of at
713 least 2 years and has completed 4 years of diversified interior
714 design experience.
715
716 Subsequent to October 1, 2000, for the purpose of having the
717 educational qualification required under this subsection
718 accepted by the board, the applicant must complete his or her
719 education at a program, school, or college of interior design
720 whose curriculum has been approved by the board as of the time
721 of completion. Subsequent to October 1, 2003, all of the
722 required amount of educational credits shall have been obtained
723 in a program, school, or college of interior design whose
724 curriculum has been approved by the board, as of the time each
725 educational credit is gained. The board shall adopt rules
726 providing for the review and approval of programs, schools, and
727 colleges of interior design and courses of interior design study
728 based on a review and inspection by the board of the curriculum
729 of programs, schools, and colleges of interior design in the
730 United States, including those programs, schools, and colleges
731 accredited by the Foundation for Interior Design Education
732 Research. The board shall adopt rules providing for the review
733 and approval of diversified interior design experience required
734 by this subsection.
735 Section 46. Section 481.213, Florida Statutes, is amended
736 to read:
737 481.213 Licensure and registration.—
738 (1) The department shall license or register any applicant
739 who the board certifies is qualified for licensure or
740 registration and who has paid the initial licensure or
741 registration fee. Licensure as an architect under this section
742 shall be deemed to include all the rights and privileges of
743 registration licensure as an interior designer under this
744 section.
745 (2) The board shall certify for licensure or registration
746 by examination any applicant who passes the prescribed licensure
747 or registration examination and satisfies the requirements of
748 ss. 481.209 and 481.211, for architects, or the requirements of
749 s. 481.209, for interior designers.
750 (3) The board shall certify as qualified for a license by
751 endorsement as an architect or registration as a registered an
752 interior designer an applicant who:
753 (a) Qualifies to take the prescribed licensure or
754 registration examination, and has passed the prescribed
755 licensure or registration examination or a substantially
756 equivalent examination in another jurisdiction, as set forth in
757 s. 481.209 for architects or registered interior designers, as
758 applicable, and has satisfied the internship requirements set
759 forth in s. 481.211 for architects;
760 (b) Holds a valid license to practice architecture or a
761 license, registration, or certification to practice interior
762 design issued by another jurisdiction of the United States, if
763 the criteria for issuance of such license were substantially
764 equivalent to the licensure criteria that existed in this state
765 at the time the license was issued; provided, however, that an
766 applicant who has been licensed for use of the title “interior
767 design” rather than licensed to practice interior design shall
768 not qualify hereunder; or
769 (c) Has passed the prescribed licensure examination and
770 holds a valid certificate issued by the National Council of
771 Architectural Registration Boards, and holds a valid license to
772 practice architecture issued by another state or jurisdiction of
773 the United States.
774
775 An architect who is licensed in another state who seeks
776 qualification for license by endorsement under this subsection
777 must complete a 2-hour class approved by the board on wind
778 mitigation techniques.
779 (4) The board may refuse to certify any applicant who has
780 violated any of the provisions of s. 481.223, s. 481.225, or s.
781 481.2251, as applicable.
782 (5) The board may refuse to certify any applicant who is
783 under investigation in any jurisdiction for any act which would
784 constitute a violation of this part or of chapter 455 until such
785 time as the investigation is complete and disciplinary
786 proceedings have been terminated.
787 (6) The board shall adopt rules to implement the provisions
788 of this part relating to the examination, internship, and
789 licensure of applicants.
790 (7) For persons whose licensure requires satisfaction of
791 the requirements of ss. 481.209 and 481.211, the board shall, by
792 rule, establish qualifications for certification of such persons
793 as special inspectors of threshold buildings, as defined in ss.
794 553.71 and 553.79, and shall compile a list of persons who are
795 certified. A special inspector is not required to meet standards
796 for certification other than those established by the board, and
797 the fee owner of a threshold building may not be prohibited from
798 selecting any person certified by the board to be a special
799 inspector. The board shall develop minimum qualifications for
800 the qualified representative of the special inspector who is
801 authorized under s. 553.79 to perform inspections of threshold
802 buildings on behalf of the special inspector.
803 (8) A certificate of registration is not required for a
804 person whose occupation or practice is confined to interior
805 decorator services or for a person whose occupation or practice
806 is confined to interior design as provided in this part.
807 Section 47. Subsection (1) of section 481.2131, Florida
808 Statutes, is amended to read:
809 481.2131 Interior design; practice requirements; disclosure
810 of compensation for professional services.—
811 (1) An A registered interior designer may is authorized to
812 perform “interior design” as defined in s. 481.203. Interior
813 design documents prepared by a registered interior designer
814 shall contain a statement that the document is not an
815 architectural or engineering study, drawing, specification, or
816 design and is not to be used for construction of any load
817 bearing columns, load-bearing framing or walls of structures, or
818 issuance of any building permit, except as otherwise provided by
819 law. Interior design documents that are prepared and sealed by a
820 registered interior designer must may, if required by a
821 permitting body, be accepted by the permitting body be submitted
822 for the issuance of a building permit for interior construction
823 excluding design of any structural, mechanical, plumbing,
824 heating, air-conditioning, ventilating, electrical, or vertical
825 transportation systems or that materially affect lifesafety
826 systems pertaining to firesafety protection such as fire-rated
827 separations between interior spaces, fire-rated vertical shafts
828 in multistory structures, fire-rated protection of structural
829 elements, smoke evacuation and compartmentalization, emergency
830 ingress or egress systems, and emergency alarm systems. If a
831 permitting body requires sealed interior design documents for
832 the issuance of a permit, an individual performing interior
833 design services who is not a licensed architect must include a
834 seal issued by the department and in conformance with the
835 requirements of s. 481.221.
836 Section 48. Section 481.215, Florida Statutes, is amended
837 to read:
838 481.215 Renewal of license or certificate of registration.—
839 (1) Subject to the requirement of subsection (3), the
840 department shall renew a license or certificate of registration
841 upon receipt of the renewal application and renewal fee.
842 (2) The department shall adopt rules establishing a
843 procedure for the biennial renewal of licenses and certificates
844 of registration.
845 (3) A No license or certificate of registration renewal may
846 not shall be issued to an architect or a registered an interior
847 designer by the department until the licensee or registrant
848 submits proof satisfactory to the department that, during the 2
849 years before prior to application for renewal, the licensee or
850 registrant participated per biennium in not less than 20 hours
851 of at least 50 minutes each per biennium of continuing education
852 approved by the board. The board shall approve only continuing
853 education that builds upon the basic knowledge of architecture
854 or interior design. The board may make exception from the
855 requirements of continuing education in emergency or hardship
856 cases.
857 (4) The board shall by rule establish criteria for the
858 approval of continuing education courses and providers and shall
859 by rule establish criteria for accepting alternative
860 nonclassroom continuing education on an hour-for-hour basis.
861 (5) For a license or certificate of registration, the board
862 shall require, by rule adopted pursuant to ss. 120.536(1) and
863 120.54, 2 a specified number of hours in specialized or advanced
864 courses, approved by the Florida Building Commission, on any
865 portion of the Florida Building Code, adopted pursuant to part
866 IV of chapter 553, relating to the licensee’s respective area of
867 practice. Such hours count toward the continuing education hours
868 required under subsection (3). A licensee may complete the
869 courses required under this subsection online.
870 Section 49. Section 481.217, Florida Statutes, is amended
871 to read:
872 481.217 Inactive status.—
873 (1) The board may prescribe by rule continuing education
874 requirements as a condition of reactivating a license. The rules
875 may not require more than one renewal cycle of continuing
876 education to reactivate a license or registration for a
877 registered architect or registered interior designer. For
878 interior design, the board may approve only continuing education
879 that builds upon the basic knowledge of interior design.
880 (2) The board shall adopt rules relating to application
881 procedures for inactive status and for the reactivation of
882 inactive licenses and registrations.
883 Section 50. Section 481.219, Florida Statutes, is amended
884 to read:
885 481.219 Qualification of business organizations
886 certification of partnerships, limited liability companies, and
887 corporations.—
888 (1) A licensee may The practice of or the offer to practice
889 architecture or interior design by licensees through a qualified
890 business organization that offers corporation, limited liability
891 company, or partnership offering architectural or interior
892 design services to the public, or by a corporation, limited
893 liability company, or partnership offering architectural or
894 interior design services to the public through licensees under
895 this part as agents, employees, officers, or partners, is
896 permitted, subject to the provisions of this section.
897 (2) If a licensee or an applicant proposes to engage in the
898 practice of architecture as a business organization, the
899 licensee or applicant shall qualify the business organization
900 upon approval of the board For the purposes of this section, a
901 certificate of authorization shall be required for a
902 corporation, limited liability company, partnership, or person
903 practicing under a fictitious name, offering architectural
904 services to the public jointly or separately. However, when an
905 individual is practicing architecture in her or his own name,
906 she or he shall not be required to be certified under this
907 section. Certification under this subsection to offer
908 architectural services shall include all the rights and
909 privileges of certification under subsection (3) to offer
910 interior design services.
911 (3)(a) A business organization may not engage in the
912 practice of architecture unless its qualifying agent is a
913 registered architect under this part. A qualifying agent who
914 terminates an affiliation with a qualified business organization
915 shall immediately notify the department of such termination. If
916 such qualifying agent is the only qualifying agent for that
917 business organization, the business organization must be
918 qualified by another qualifying agent within 60 days after the
919 termination. Except as provided in paragraph (b), the business
920 organization may not engage in the practice of architecture
921 until it is qualified by another qualifying agent.
922 (b) In the event a qualifying agent ceases employment with
923 a qualified business organization, the executive director or the
924 chair of the board may authorize another registered architect
925 employed by the business organization to temporarily serve as
926 its qualifying agent for a period of no more than 60 days. The
927 business organization is not authorized to operate beyond such
928 period under this chapter absent replacement of the qualifying
929 agent who has ceased employment.
930 (c) A qualifying agent shall notify the department in
931 writing before engaging in the practice of architecture in her
932 or his own name or in affiliation with a different business
933 organization, and she or he or such business organization shall
934 supply the same information to the department as required of
935 applicants under this part.
936 (3) For the purposes of this section, a certificate of
937 authorization shall be required for a corporation, limited
938 liability company, partnership, or person operating under a
939 fictitious name, offering interior design services to the public
940 jointly or separately. However, when an individual is practicing
941 interior design in her or his own name, she or he shall not be
942 required to be certified under this section.
943 (4) All final construction documents and instruments of
944 service which include drawings, specifications, plans, reports,
945 or other papers or documents that involve involving the practice
946 of architecture which are prepared or approved for the use of
947 the business organization corporation, limited liability
948 company, or partnership and filed for public record within the
949 state must shall bear the signature and seal of the licensee who
950 prepared or approved them and the date on which they were
951 sealed.
952 (5) All drawings, specifications, plans, reports, or other
953 papers or documents prepared or approved for the use of the
954 corporation, limited liability company, or partnership by an
955 interior designer in her or his professional capacity and filed
956 for public record within the state shall bear the signature and
957 seal of the licensee who prepared or approved them and the date
958 on which they were sealed.
959 (6) The department shall issue a certificate of
960 authorization to any applicant who the board certifies as
961 qualified for a certificate of authorization and who has paid
962 the fee set in s. 481.207.
963 (7) The board shall allow a licensee or certify an
964 applicant to qualify one or more business organizations as
965 qualified for a certificate of authorization to offer
966 architectural or interior design services, or to use a
967 fictitious name to offer such services, if provided that:
968 (a) one or more of the principal officers of the
969 corporation or limited liability company, or one or more
970 partners of the partnership, and all personnel of the
971 corporation, limited liability company, or partnership who act
972 in its behalf in this state as architects, are registered as
973 provided by this part; or
974 (b) One or more of the principal officers of the
975 corporation or one or more partners of the partnership, and all
976 personnel of the corporation, limited liability company, or
977 partnership who act in its behalf in this state as interior
978 designers, are registered as provided by this part.
979 (8) The department shall adopt rules establishing a
980 procedure for the biennial renewal of certificates of
981 authorization.
982 (9) The department shall renew a certificate of
983 authorization upon receipt of the renewal application and
984 biennial renewal fee.
985 (6)(10) Each qualifying agent who qualifies a business
986 organization, partnership, limited liability company, or and
987 corporation certified under this section shall notify the
988 department within 30 days after of any change in the information
989 contained in the application upon which the qualification
990 certification is based. Any registered architect or interior
991 designer who qualifies the business organization shall ensure
992 corporation, limited liability company, or partnership as
993 provided in subsection (7) shall be responsible for ensuring
994 responsible supervising control of projects of the business
995 organization entity and shall notify the department of the upon
996 termination of her or his employment with a business
997 organization qualified partnership, limited liability company,
998 or corporation certified under this section shall notify the
999 department of the termination within 30 days after such
1000 termination.
1001 (7)(11) A business organization is not No corporation,
1002 limited liability company, or partnership shall be relieved of
1003 responsibility for the conduct or acts of its agents, employees,
1004 or officers by reason of its compliance with this section.
1005 However, except as provided in s. 558.0035, the architect who
1006 signs and seals the construction documents and instruments of
1007 service is shall be liable for the professional services
1008 performed, and the interior designer who signs and seals the
1009 interior design drawings, plans, or specifications shall be
1010 liable for the professional services performed.
1011 (12) Disciplinary action against a corporation, limited
1012 liability company, or partnership shall be administered in the
1013 same manner and on the same grounds as disciplinary action
1014 against a registered architect or interior designer,
1015 respectively.
1016 (8)(13) Nothing in This section may not shall be construed
1017 to mean that a certificate of registration to practice
1018 architecture must or interior design shall be held by a business
1019 organization corporation, limited liability company, or
1020 partnership. Nothing in This section does not prohibit a
1021 business organization from offering prohibits corporations,
1022 limited liability companies, and partnerships from joining
1023 together to offer architectural, engineering, interior design,
1024 surveying and mapping, and landscape architectural services, or
1025 any combination of such services, to the public if the business
1026 organization, provided that each corporation, limited liability
1027 company, or partnership otherwise meets the requirements of law.
1028 (14) Corporations, limited liability companies, or
1029 partnerships holding a valid certificate of authorization to
1030 practice architecture shall be permitted to use in their title
1031 the term “interior designer” or “registered interior designer.”
1032 Section 51. Subsections (5) and (10) of section 481.221,
1033 Florida Statutes, are amended to read:
1034 481.221 Seals; display of certificate number.—
1035 (5) No registered interior designer shall affix, or permit
1036 to be affixed, her or his seal or signature to any plan,
1037 specification, drawing, or other document which depicts work
1038 which she or he is not competent or registered licensed to
1039 perform.
1040 (10) Each registered architect must or interior designer,
1041 and each corporation, limited liability company, or partnership
1042 holding a certificate of authorization, shall include her or his
1043 license its certificate number in any newspaper, telephone
1044 directory, or other advertising medium used by the registered
1045 licensee. Each business organization must include the license
1046 number of the registered architect who serves as the qualifying
1047 agent for that business organization in any newspaper, telephone
1048 directory, or other advertising medium used by the business
1049 organization architect, interior designer, corporation, limited
1050 liability company, or partnership. A corporation, limited
1051 liability company, or partnership is not required to display the
1052 certificate number of individual registered architects or
1053 interior designers employed by or working within the
1054 corporation, limited liability company, or partnership.
1055 Section 52. Section 481.223, Florida Statutes, is amended
1056 to read:
1057 481.223 Prohibitions; penalties; injunctive relief.—
1058 (1) A person may not knowingly:
1059 (a) Practice architecture unless the person is an architect
1060 or a registered architect; however, a licensed architect who has
1061 been licensed by the board and who chooses to relinquish or not
1062 to renew his or her license may use the title “Architect,
1063 Retired” but may not otherwise render any architectural
1064 services.
1065 (b) Practice interior design unless the person is a
1066 registered interior designer unless otherwise exempted herein;
1067 however, an interior designer who has been licensed by the board
1068 and who chooses to relinquish or not to renew his or her license
1069 may use the title “Interior Designer, Retired” but may not
1070 otherwise render any interior design services.
1071 (b)(c) Use the name or title “architect,” or “registered
1072 architect,” or “interior designer” or “registered interior
1073 designer,” or words to that effect, when the person is not then
1074 the holder of a valid license or certificate of registration
1075 issued pursuant to this part. This paragraph does not restrict
1076 the use of the name or title “interior designer” or “interior
1077 design firm.”
1078 (c)(d) Present as his or her own the license of another.
1079 (d)(e) Give false or forged evidence to the board or a
1080 member thereof.
1081 (e)(f) Use or attempt to use an architect or interior
1082 designer license or interior design certificate of registration
1083 that has been suspended, revoked, or placed on inactive or
1084 delinquent status.
1085 (f)(g) Employ unlicensed persons to practice architecture
1086 or interior design.
1087 (g)(h) Conceal information relative to violations of this
1088 part.
1089 (2) Any person who violates any provision of subsection (1)
1090 commits a misdemeanor of the first degree, punishable as
1091 provided in s. 775.082 or s. 775.083.
1092 (3)(a) Notwithstanding chapter 455 or any other law to the
1093 contrary, an affected person may maintain an action for
1094 injunctive relief to restrain or prevent a person from violating
1095 paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
1096 prevailing party is entitled to actual costs and attorney’s
1097 fees.
1098 (b) For purposes of this subsection, the term “affected
1099 person” means a person directly affected by the actions of a
1100 person suspected of violating paragraph (1)(a) or, paragraph
1101 (1)(b), or paragraph (1)(c) and includes, but is not limited to,
1102 the department, any person who received services from the
1103 alleged violator, or any private association composed primarily
1104 of members of the profession the alleged violator is practicing
1105 or offering to practice or holding himself or herself out as
1106 qualified to practice.
1107 Section 53. Section 481.2251, Florida Statutes, is amended
1108 to read:
1109 481.2251 Disciplinary proceedings against registered
1110 interior designers.—
1111 (1) The following acts constitute grounds for which the
1112 disciplinary actions specified in subsection (2) may be taken:
1113 (a) Attempting to register obtain, obtaining, or renewing
1114 registration, by bribery, by fraudulent misrepresentation, or
1115 through an error of the board, a license to practice interior
1116 design;
1117 (b) Having an interior design license, certification, or
1118 registration a license to practice interior design revoked,
1119 suspended, or otherwise acted against, including the denial of
1120 licensure, registration, or certification by the licensing
1121 authority of another jurisdiction for any act which would
1122 constitute a violation of this part or of chapter 455;
1123 (c) Being convicted or found guilty, regardless of
1124 adjudication, of a crime in any jurisdiction which directly
1125 relates to the provision of interior design services or to the
1126 ability to provide interior design services. A plea of nolo
1127 contendere shall create a rebuttable presumption of guilt to the
1128 underlying criminal charges. However, the board shall allow the
1129 person being disciplined to present any evidence relevant to the
1130 underlying charges and the circumstances surrounding her or his
1131 plea;
1132 (d) False, deceptive, or misleading advertising;
1133 (e) Failing to report to the board any person who the
1134 licensee knows is in violation of this part or the rules of the
1135 board;
1136 (f) Aiding, assisting, procuring, or advising any
1137 unlicensed person to use the title “interior designer” contrary
1138 to this part or to a rule of the board;
1139 (g) Failing to perform any statutory or legal obligation
1140 placed upon a registered interior designer;
1141 (h) Making or filing a report which the registrant licensee
1142 knows to be false, intentionally or negligently failing to file
1143 a report or record required by state or federal law, or
1144 willfully impeding or obstructing such filing or inducing
1145 another person to do so. Such reports or records shall include
1146 only those which are signed in the capacity as a registered
1147 interior designer;
1148 (f)(i) Making deceptive, untrue, or fraudulent
1149 representations in the provision of interior design services;
1150 (g)(j) Accepting and performing professional
1151 responsibilities which the registrant licensee knows or has
1152 reason to know that she or he is not competent or licensed to
1153 perform;
1154 (k) Violating any provision of this part, any rule of the
1155 board, or a lawful order of the board previously entered in a
1156 disciplinary hearing;
1157 (l) Conspiring with another licensee or with any other
1158 person to commit an act, or committing an act, which would tend
1159 to coerce, intimidate, or preclude another licensee from
1160 lawfully advertising her or his services;
1161 (m) Acceptance of compensation or any consideration by an
1162 interior designer from someone other than the client without
1163 full disclosure of the compensation or consideration amount or
1164 value to the client prior to the engagement for services, in
1165 violation of s. 481.2131(2);
1166 (h)(n) Rendering or offering to render architectural
1167 services; or
1168 (i)(o) Committing an act of fraud or deceit, or of
1169 negligence, incompetency, or misconduct, in the practice of
1170 interior design, including, but not limited to, allowing the
1171 preparation of any interior design studies, plans, or other
1172 instruments of service in an office that does not have a full
1173 time Florida-registered interior designer assigned to such
1174 office or failing to exercise responsible supervisory control
1175 over services or projects, as required by board rule.
1176 (2) When the board finds any person guilty of any of the
1177 grounds set forth in subsection (1), it may enter an order
1178 taking the following action or imposing one or more of the
1179 following penalties:
1180 (a) Refusal to register the applicant approve an
1181 application for licensure;
1182 (b) Refusal to renew an existing registration license;
1183 (c) Removal from the state registry Revocation or
1184 suspension of a license; or
1185 (d) Imposition of an administrative fine not to exceed $500
1186 $1,000 for each violation or separate offense and a fine of up
1187 to $2,500 $5,000 for matters pertaining to a material violation
1188 of the Florida Building Code as reported by a local
1189 jurisdiction; or
1190 (e) Issuance of a reprimand.
1191 Section 54. Paragraph (b) of subsection (5) and subsections
1192 (6) and (8) of section 481.229, Florida Statutes, are amended to
1193 read:
1194 481.229 Exceptions; exemptions from licensure.—
1195 (5)
1196 (b) Notwithstanding any other provision of this part, all
1197 persons licensed as architects under this part shall be
1198 qualified for interior design registration licensure upon
1199 submission of a completed application for such license and a fee
1200 not to exceed $30. Such persons shall be exempt from the
1201 requirements of s. 481.209(2). For architects licensed as
1202 interior designers, satisfaction of the requirements for renewal
1203 of licensure as an architect under s. 481.215 shall be deemed to
1204 satisfy the requirements for renewal of registration licensure
1205 as an interior designer under that section. Complaint
1206 processing, investigation, or other discipline-related legal
1207 costs related to persons licensed as interior designers under
1208 this paragraph shall be assessed against the architects’ account
1209 of the Regulatory Trust Fund.
1210 (6) This part shall not apply to:
1211 (a) A person who performs interior design services or
1212 interior decorator services for any residential application,
1213 provided that such person does not advertise as, or represent
1214 himself or herself as, an interior designer. For purposes of
1215 this paragraph, “residential applications” includes all types of
1216 residences, including, but not limited to, residence buildings,
1217 single-family homes, multifamily homes, townhouses, apartments,
1218 condominiums, and domestic outbuildings appurtenant to one
1219 family or two-family residences. However, “residential
1220 applications” does not include common areas associated with
1221 instances of multiple-unit dwelling applications.
1222 (b) An employee of a retail establishment providing
1223 “interior decorator services” on the premises of the retail
1224 establishment or in the furtherance of a retail sale or
1225 prospective retail sale, provided that such employee does not
1226 advertise as, or represent himself or herself as, an interior
1227 designer.
1228 (8) A manufacturer of commercial food service equipment or
1229 the manufacturer’s representative, distributor, or dealer or an
1230 employee thereof, who prepares designs, specifications, or
1231 layouts for the sale or installation of such equipment is exempt
1232 from licensure as an architect or interior designer, if:
1233 (a) The designs, specifications, or layouts are not used
1234 for construction or installation that may affect structural,
1235 mechanical, plumbing, heating, air conditioning, ventilating,
1236 electrical, or vertical transportation systems.
1237 (b) The designs, specifications, or layouts do not
1238 materially affect lifesafety systems pertaining to firesafety
1239 protection, smoke evacuation and compartmentalization, and
1240 emergency ingress or egress systems.
1241 (c) Each design, specification, or layout document prepared
1242 by a person or entity exempt under this subsection contains a
1243 statement on each page of the document that the designs,
1244 specifications, or layouts are not architectural, interior
1245 design, or engineering designs, specifications, or layouts and
1246 not used for construction unless reviewed and approved by a
1247 licensed architect or engineer.
1248 Section 55. Subsection (1) of section 481.231, Florida
1249 Statutes, is amended to read:
1250 481.231 Effect of part locally.—
1251 (1) Nothing in This part does not shall be construed to
1252 repeal, amend, limit, or otherwise affect any specific provision
1253 of any local building code or zoning law or ordinance that has
1254 been duly adopted, now or hereafter enacted, which is more
1255 restrictive, with respect to the services of registered
1256 architects or registered interior designers, than the provisions
1257 of this part; provided, however, that a licensed architect shall
1258 be deemed registered licensed as an interior designer for
1259 purposes of offering or rendering interior design services to a
1260 county, municipality, or other local government or political
1261 subdivision.
1262 Section 56. Section 481.303, Florida Statutes, is amended
1263 to read:
1264 481.303 Definitions.—As used in this chapter, the term:
1265 (1) “Board” means the Board of Landscape Architecture.
1266 (3)(2) “Department” means the Department of Business and
1267 Professional Regulation.
1268 (6)(3) “Registered landscape architect” means a person who
1269 holds a license to practice landscape architecture in this state
1270 under the authority of this act.
1271 (2)(4) “Certificate of registration” means a license issued
1272 by the department to a natural person to engage in the practice
1273 of landscape architecture.
1274 (5) “Certificate of authorization” means a license issued
1275 by the department to a corporation or partnership to engage in
1276 the practice of landscape architecture.
1277 (4)(6) “Landscape architecture” means professional
1278 services, including, but not limited to, the following:
1279 (a) Consultation, investigation, research, planning,
1280 design, preparation of drawings, specifications, contract
1281 documents and reports, responsible construction supervision, or
1282 landscape management in connection with the planning and
1283 development of land and incidental water areas, including the
1284 use of Florida-friendly landscaping as defined in s. 373.185,
1285 where, and to the extent that, the dominant purpose of such
1286 services or creative works is the preservation, conservation,
1287 enhancement, or determination of proper land uses, natural land
1288 features, ground cover and plantings, or naturalistic and
1289 aesthetic values;
1290 (b) The determination of settings, grounds, and approaches
1291 for and the siting of buildings and structures, outdoor areas,
1292 or other improvements;
1293 (c) The setting of grades, shaping and contouring of land
1294 and water forms, determination of drainage, and provision for
1295 storm drainage and irrigation systems where such systems are
1296 necessary to the purposes outlined herein; and
1297 (d) The design of such tangible objects and features as are
1298 necessary to the purpose outlined herein.
1299 (5)(7) “Landscape design” means consultation for and
1300 preparation of planting plans drawn for compensation, including
1301 specifications and installation details for plant materials,
1302 soil amendments, mulches, edging, gravel, and other similar
1303 materials. Such plans may include only recommendations for the
1304 conceptual placement of tangible objects for landscape design
1305 projects. Construction documents, details, and specifications
1306 for tangible objects and irrigation systems shall be designed or
1307 approved by licensed professionals as required by law.
1308 Section 57. Section 481.310, Florida Statutes, is amended
1309 to read:
1310 481.310 Practical experience requirement.—Beginning October
1311 1, 1990, every applicant for licensure as a registered landscape
1312 architect shall demonstrate, prior to licensure, 1 year of
1313 practical experience in landscape architectural work. An
1314 applicant who holds a master of landscape architecture degree
1315 and a bachelor’s degree in a related field is not required to
1316 demonstrate 1 year of practical experience in landscape
1317 architectural work to obtain licensure. The board shall adopt
1318 rules providing standards for the required experience. An
1319 applicant who qualifies for examination pursuant to s.
1320 481.309(1)(b)1. may obtain the practical experience after
1321 completing the required professional degree. Experience used to
1322 qualify for examination pursuant to s. 481.309(1)(b)2. may not
1323 be used to satisfy the practical experience requirement under
1324 this section.
1325 Section 58. Subsections (3) and (4) of s. 481.311, Florida
1326 Statutes, are amended to read:
1327 481.311 Licensure.—
1328 (3) The board shall certify as qualified for a license by
1329 endorsement an applicant who:
1330 (a) Qualifies to take the examination as set forth in s.
1331 481.309; and has passed a national, regional, state, or
1332 territorial licensing examination which is substantially
1333 equivalent to the examination required by s. 481.309; or
1334 (b) Holds a valid license to practice landscape
1335 architecture issued by another state or territory of the United
1336 States, if the criteria for issuance of such license were
1337 substantially identical to the licensure criteria which existed
1338 in this state at the time the license was issued; or.
1339 (c) Has held a valid license to practice landscape
1340 architecture in another state or territory of the United States
1341 for at least 10 years before the date of application and has
1342 successfully completed a state, regional, national, or other
1343 examination that is equivalent to or more stringent than the
1344 examination required by the board, subject to subsection (5). An
1345 applicant who has met the requirements to be qualified for a
1346 license by endorsement, except for successful completion of an
1347 examination that is equivalent to or more stringent than the
1348 examination required by the board, may take the examination
1349 required by the board without completing additional education
1350 requirements. Such application must be submitted to the board
1351 while the applicant holds a valid license in another state or
1352 territory or within 2 years after the expiration of such
1353 license.
1354 (4) The board shall certify as qualified for a certificate
1355 of authorization any applicant corporation or partnership who
1356 satisfies the requirements of s. 481.319.
1357 Section 59. Subsection (4) of section 481.313, Florida
1358 Statutes, is amended to read:
1359 481.313 Renewal of license.—
1360 (4) The board, by rule adopted pursuant to ss. 120.536(1)
1361 and 120.54, shall establish criteria for the approval of
1362 continuing education courses and providers, and shall by rule
1363 establish criteria for accepting alternative nonclassroom
1364 continuing education on an hour-for-hour basis. A landscape
1365 architect shall receive hour-for-hour credit for attending
1366 continuing education courses approved by the Landscape
1367 Architecture Continuing Education System or another nationally
1368 recognized clearinghouse for continuing education that relate to
1369 and increase his or her basic knowledge of landscape
1370 architecture, as determined by the board, if the landscape
1371 architect submits proof satisfactory to the board that such
1372 course was approved by the Landscape Architecture Continuing
1373 Education System or another nationally recognized clearinghouse
1374 for continuing education, along with the syllabus or outline for
1375 such course and proof of course attendance.
1376 Section 60. Subsection (2) of section 481.317, Florida
1377 Statutes, is amended to read:
1378 481.317 Temporary certificates.—
1379 (2) Upon approval by the board and payment of the fee set
1380 in s. 481.307, the department shall grant a temporary
1381 certificate of authorization for work on one specified project
1382 in this state for a period not to exceed 1 year to an out-of
1383 state corporation, partnership, or firm, provided one of the
1384 principal officers of the corporation, one of the partners of
1385 the partnership, or one of the principals in the fictitiously
1386 named firm has obtained a temporary certificate of registration
1387 in accordance with subsection (1).
1388 Section 61. Section 481.319, Florida Statutes, is amended
1389 to read:
1390 481.319 Corporate and partnership practice of landscape
1391 architecture; certificate of authorization.—
1392 (1) The practice of or offer to practice landscape
1393 architecture by registered landscape architects registered under
1394 this part through a corporation or partnership offering
1395 landscape architectural services to the public, or through a
1396 corporation or partnership offering landscape architectural
1397 services to the public through individual registered landscape
1398 architects as agents, employees, officers, or partners, is
1399 permitted, subject to the provisions of this section, if:
1400 (a) One or more of the principal officers of the
1401 corporation, or partners of the partnership, and all personnel
1402 of the corporation or partnership who act in its behalf as
1403 landscape architects in this state are registered landscape
1404 architects; and
1405 (b) One or more of the officers, one or more of the
1406 directors, one or more of the owners of the corporation, or one
1407 or more of the partners of the partnership is a registered
1408 landscape architect; and
1409 (c) The corporation or partnership has been issued a
1410 certificate of authorization by the board as provided herein.
1411 (2) All documents involving the practice of landscape
1412 architecture which are prepared for the use of the corporation
1413 or partnership shall bear the signature and seal of a registered
1414 landscape architect.
1415 (3) A landscape architect applying to practice in the name
1416 of a An applicant corporation must shall file with the
1417 department the names and addresses of all officers and board
1418 members of the corporation, including the principal officer or
1419 officers, duly registered to practice landscape architecture in
1420 this state and, also, of all individuals duly registered to
1421 practice landscape architecture in this state who shall be in
1422 responsible charge of the practice of landscape architecture by
1423 the corporation in this state. A landscape architect applying to
1424 practice in the name of a An applicant partnership must shall
1425 file with the department the names and addresses of all partners
1426 of the partnership, including the partner or partners duly
1427 registered to practice landscape architecture in this state and,
1428 also, of an individual or individuals duly registered to
1429 practice landscape architecture in this state who shall be in
1430 responsible charge of the practice of landscape architecture by
1431 said partnership in this state.
1432 (4) Each landscape architect qualifying a partnership or
1433 and corporation licensed under this part must shall notify the
1434 department within 1 month after of any change in the information
1435 contained in the application upon which the license is based.
1436 Any landscape architect who terminates her or his or her
1437 employment with a partnership or corporation licensed under this
1438 part shall notify the department of the termination within 1
1439 month after such termination.
1440 (5) Disciplinary action against a corporation or
1441 partnership shall be administered in the same manner and on the
1442 same grounds as disciplinary action against a registered
1443 landscape architect.
1444 (6) Except as provided in s. 558.0035, the fact that a
1445 registered landscape architect practices landscape architecture
1446 through a corporation or partnership as provided in this section
1447 does not relieve the landscape architect from personal liability
1448 for her or his or her professional acts.
1449 Section 62. Subsection (5) of section 481.321, Florida
1450 Statutes, is amended to read:
1451 481.321 Seals; display of certificate number.—
1452 (5) Each registered landscape architect must and each
1453 corporation or partnership holding a certificate of
1454 authorization shall include her or his its certificate number in
1455 any newspaper, telephone directory, or other advertising medium
1456 used by the registered landscape architect, corporation, or
1457 partnership. A corporation or partnership must is not required
1458 to display the certificate number numbers of at least one
1459 officer, director, owner, or partner who is a individual
1460 registered landscape architect architects employed by or
1461 practicing with the corporation or partnership.
1462 Section 63. Subsection (5) of section 481.329, Florida
1463 Statutes, is amended to read:
1464 481.329 Exceptions; exemptions from licensure.—
1465 (5) This part does not prohibit any person from engaging in
1466 the practice of landscape design, as defined in s. 481.303 s.
1467 481.303(7), or from submitting for approval to a governmental
1468 agency planting plans that are independent of, or a component
1469 of, construction documents that are prepared by a Florida
1470 registered professional. Persons providing landscape design
1471 services shall not use the title, term, or designation
1472 “landscape architect,” “landscape architectural,” “landscape
1473 architecture,” “L.A.,” “landscape engineering,” or any
1474 description tending to convey the impression that she or he is a
1475 landscape architect unless she or he is registered as provided
1476 in this part.
1477 Section 64. Subsection (9) of section 489.103, Florida
1478 Statutes, is amended to read:
1479 489.103 Exemptions.—This part does not apply to:
1480 (9) Any work or operation of a casual, minor, or
1481 inconsequential nature in which the aggregate contract price for
1482 labor, materials, and all other items is less than $2,500
1483 $1,000, but this exemption does not apply:
1484 (a) If the construction, repair, remodeling, or improvement
1485 is a part of a larger or major operation, whether undertaken by
1486 the same or a different contractor, or in which a division of
1487 the operation is made in contracts of amounts less than $2,500
1488 $1,000 for the purpose of evading this part or otherwise.
1489 (b) To a person who advertises that he or she is a
1490 contractor or otherwise represents that he or she is qualified
1491 to engage in contracting.
1492 Section 65. Subsection (2) of section 489.111, Florida
1493 Statutes, is amended to read:
1494 489.111 Licensure by examination.—
1495 (2) A person shall be eligible for licensure by examination
1496 if the person:
1497 (a) Is 18 years of age;
1498 (b) Is of good moral character; and
1499 (c) Meets eligibility requirements according to one of the
1500 following criteria:
1501 1. Has received a baccalaureate degree from an accredited
1502 4-year college in the appropriate field of engineering,
1503 architecture, or building construction and has 1 year of proven
1504 experience in the category in which the person seeks to qualify.
1505 For the purpose of this part, a minimum of 2,000 person-hours
1506 shall be used in determining full-time equivalency. An applicant
1507 who is exempt from passing an examination under s. 489.113(1) is
1508 eligible for a license under this section.
1509 2. Has a total of at least 4 years of active experience as
1510 a worker who has learned the trade by serving an apprenticeship
1511 as a skilled worker who is able to command the rate of a
1512 mechanic in the particular trade or as a foreman who is in
1513 charge of a group of workers and usually is responsible to a
1514 superintendent or a contractor or his or her equivalent,
1515 provided, however, that at least 1 year of active experience
1516 shall be as a foreman.
1517 3. Has a combination of not less than 1 year of experience
1518 as a foreman and not less than 3 years of credits for any
1519 accredited college-level courses; has a combination of not less
1520 than 1 year of experience as a skilled worker, 1 year of
1521 experience as a foreman, and not less than 2 years of credits
1522 for any accredited college-level courses; or has a combination
1523 of not less than 2 years of experience as a skilled worker, 1
1524 year of experience as a foreman, and not less than 1 year of
1525 credits for any accredited college-level courses. All junior
1526 college or community college-level courses shall be considered
1527 accredited college-level courses.
1528 4.a. An active certified residential contractor is eligible
1529 to receive a certified building contractor license after passing
1530 or having previously passed take the building contractors’
1531 examination if he or she possesses a minimum of 3 years of
1532 proven experience in the classification in which he or she is
1533 certified.
1534 b. An active certified residential contractor is eligible
1535 to receive a certified general contractor license after passing
1536 or having previously passed take the general contractors’
1537 examination if he or she possesses a minimum of 4 years of
1538 proven experience in the classification in which he or she is
1539 certified.
1540 c. An active certified building contractor is eligible to
1541 receive a certified general contractor license after passing or
1542 having previously passed take the general contractors’
1543 examination if he or she possesses a minimum of 4 years of
1544 proven experience in the classification in which he or she is
1545 certified.
1546 5.a. An active certified air-conditioning Class C
1547 contractor is eligible to receive a certified air-conditioning
1548 Class B contractor license after passing or having previously
1549 passed take the air-conditioning Class B contractors’
1550 examination if he or she possesses a minimum of 3 years of
1551 proven experience in the classification in which he or she is
1552 certified.
1553 b. An active certified air-conditioning Class C contractor
1554 is eligible to receive a certified air-conditioning Class A
1555 contractor license after passing or having previously passed
1556 take the air-conditioning Class A contractors’ examination if he
1557 or she possesses a minimum of 4 years of proven experience in
1558 the classification in which he or she is certified.
1559 c. An active certified air-conditioning Class B contractor
1560 is eligible to receive a certified air-conditioning Class A
1561 contractor license after passing or having previously passed
1562 take the air-conditioning Class A contractors’ examination if he
1563 or she possesses a minimum of 1 year of proven experience in the
1564 classification in which he or she is certified.
1565 6.a. An active certified swimming pool servicing contractor
1566 is eligible to receive a certified residential swimming pool
1567 contractor license after passing or having previously passed
1568 take the residential swimming pool contractors’ examination if
1569 he or she possesses a minimum of 3 years of proven experience in
1570 the classification in which he or she is certified.
1571 b. An active certified swimming pool servicing contractor
1572 is eligible to receive a certified commercial swimming pool
1573 contractor license after passing or having previously passed
1574 take the swimming pool commercial contractors’ examination if he
1575 or she possesses a minimum of 4 years of proven experience in
1576 the classification in which he or she is certified.
1577 c. An active certified residential swimming pool contractor
1578 is eligible to receive a certified commercial swimming pool
1579 contractor license after passing or having previously passed
1580 take the commercial swimming pool contractors’ examination if he
1581 or she possesses a minimum of 1 year of proven experience in the
1582 classification in which he or she is certified.
1583 d. An applicant is eligible to receive a certified swimming
1584 pool/spa servicing contractor license after passing or having
1585 previously passed take the swimming pool/spa servicing
1586 contractors’ examination if he or she has satisfactorily
1587 completed 60 hours of instruction in courses related to the
1588 scope of work covered by that license and approved by the
1589 Construction Industry Licensing Board by rule and has at least 1
1590 year of proven experience related to the scope of work of such a
1591 contractor.
1592 Section 66. Subsection (1) of section 489.113, Florida
1593 Statutes, is amended to read:
1594 489.113 Qualifications for practice; restrictions.—
1595 (1) Any person who desires to engage in contracting on a
1596 statewide basis shall, as a prerequisite thereto, establish his
1597 or her competency and qualifications to be certified pursuant to
1598 this part. To establish competency, a person shall pass the
1599 appropriate examination approved by the board and certified by
1600 the department. If an applicant has received a baccalaureate
1601 degree in building construction from an accredited 4-year
1602 college, or a related degree as approved by the board by rule,
1603 and has a grade point average of 3.0 or higher, such applicant
1604 is only required to take and pass the business and finance
1605 portion of the examination. Any person who desires to engage in
1606 contracting on other than a statewide basis shall, as a
1607 prerequisite thereto, be registered pursuant to this part,
1608 unless exempted by this part.
1609 Section 67. Subsection (3) of section 489.115, Florida
1610 Statutes, is amended to read:
1611 489.115 Certification and registration; endorsement;
1612 reciprocity; renewals; continuing education.—
1613 (3) The board shall certify as qualified for certification
1614 by endorsement any applicant who:
1615 (a) Meets the requirements for certification as set forth
1616 in this section; has passed a national, regional, state, or
1617 United States territorial licensing examination that is
1618 substantially equivalent to the examination required by this
1619 part; and has satisfied the requirements set forth in s.
1620 489.111;
1621 (b) Holds a valid license to practice contracting issued by
1622 another state or territory of the United States, if the criteria
1623 for issuance of such license were substantially equivalent to
1624 Florida’s current certification criteria; or
1625 (c) Holds a valid, current license to practice contracting
1626 issued by another state or territory of the United States, if
1627 the state or territory has entered into a reciprocal agreement
1628 with the board for the recognition of contractor licenses issued
1629 in that state, based on criteria for the issuance of such
1630 licenses that are substantially equivalent to the criteria for
1631 certification in this state; or
1632 (d) Has held a valid, current license to practice
1633 contracting issued by another state or territory of the United
1634 States for at least 10 years before the date of application and
1635 is applying for the same or similar license in this state,
1636 subject to subsections (5)-(9). The board may consider an
1637 applicant’s technical competence to ensure the applicant is able
1638 to meet the requirements of this state’s codes and standards for
1639 wind mitigation and water intrusion. The board may also consider
1640 whether such applicant has had a license to practice contracting
1641 revoked, suspended, or otherwise acted against by the licensing
1642 authority of another state, territory, or country. Such
1643 application must be made either when the license in another
1644 state or territory is active or within 2 years after such
1645 license was last active. Division I contractors and roofing
1646 contractors must complete a 2-hour course on the Florida
1647 Building Code which includes information on wind mitigation
1648 techniques. The required courses may be completed online.
1649 Section 68. Subsection (5) of section 489.511, Florida
1650 Statutes, is amended to read:
1651 489.511 Certification; application; examinations;
1652 endorsement.—
1653 (5) The board shall certify as qualified for certification
1654 by endorsement any individual applying for certification who:
1655 (a) Meets the requirements for certification as set forth
1656 in this section; has passed a national, regional, state, or
1657 United States territorial licensing examination that is
1658 substantially equivalent to the examination required by this
1659 part; and has satisfied the requirements set forth in s.
1660 489.521; or
1661 (b) Holds a valid license to practice electrical or alarm
1662 system contracting issued by another state or territory of the
1663 United States, if the criteria for issuance of such license was
1664 substantially equivalent to the certification criteria that
1665 existed in this state at the time the certificate was issued; or
1666 (c) Has held a valid, current license to practice
1667 electrical or alarm system contracting issued by another state
1668 or territory of the United States for at least 10 years before
1669 the date of application and is applying for the same or similar
1670 license in this state, subject to ss. 489.510 and 489.521(3)(a)
1671 and subparagraph (1)(b)1. Such application must be made either
1672 when the license in another state or territory is active or
1673 within 2 years after such license was last active. Electrical
1674 contractors and alarm system contractors must complete a 2-hour
1675 course on the Florida Building Code. The required courses may be
1676 completed online.
1677 Section 69. Subsection (3) and paragraph (b) of subsection
1678 (4) of section 489.517, Florida Statutes, are amended to read:
1679 489.517 Renewal of certificate or registration; continuing
1680 education.—
1681 (3)(a) Each certificateholder or registrant licensed as a
1682 specialty contractor or an alarm system contractor shall provide
1683 proof, in a form established by rule of the board, that the
1684 certificateholder or registrant has completed at least 7 14
1685 classroom hours of at least 50 minutes each of continuing
1686 education courses during each biennium since the issuance or
1687 renewal of the certificate or registration. The board shall by
1688 rule establish criteria for the approval of continuing education
1689 courses and providers and may by rule establish criteria for
1690 accepting alternative nonclassroom continuing education on an
1691 hour-for-hour basis.
1692 (b) Each certificateholder or registrant licensed as an
1693 electrical contractor shall provide proof, in a form established
1694 by rule of the board, that the certificateholder or registrant
1695 has completed at least 11 classroom hours of at least 50 minutes
1696 each of continuing education courses during each biennium since
1697 the issuance or renewal of the certificate or registration. The
1698 board shall by rule establish criteria for the approval of
1699 continuing education courses and providers and may by rule
1700 establish criteria for accepting alternative nonclassroom
1701 continuing education on an hour-for-hour basis.
1702 (4)
1703 (b)1. For licensed specialty contractors or alarm system
1704 contractors, of the 7 14 classroom hours of continuing education
1705 required, at least 1 hour 7 hours must be on technical subjects,
1706 1 hour on workers’ compensation, 1 hour on workplace safety, 1
1707 hour on business practices, and for alarm system contractors and
1708 electrical contractors engaged in alarm system contracting, 2
1709 hours on false alarm prevention.
1710 2. For licensed electrical contractors, of the minimum 11
1711 classroom hours of continuing education required, at least 7
1712 hours must be on technical subjects, 1 hour on workers’
1713 compensation, 1 hour on workplace safety, and 1 hour on business
1714 practices. Electrical contractors engaged in alarm system
1715 contracting must also complete 2 hours on false alarm
1716 prevention.
1717 Section 70. Paragraph (b) of subsection (1) of section
1718 489.518, Florida Statutes, is amended to read:
1719 489.518 Alarm system agents.—
1720 (1) A licensed electrical or alarm system contractor may
1721 not employ a person to perform the duties of a burglar alarm
1722 system agent unless the person:
1723 (b) Has successfully completed a minimum of 14 hours of
1724 training within 90 days after employment, to include basic alarm
1725 system electronics in addition to related training including
1726 CCTV and access control training, with at least 2 hours of
1727 training in the prevention of false alarms. Such training shall
1728 be from a board-approved provider, and the employee or applicant
1729 for employment shall provide proof of successful completion to
1730 the licensed employer. The board shall by rule establish
1731 criteria for the approval of training courses and providers and
1732 may by rule establish criteria for accepting alternative
1733 nonclassroom education on an hour-for-hour basis. The board
1734 shall approve providers that conduct training in other than the
1735 English language. The board shall establish a fee for the
1736 approval of training providers or courses, not to exceed $60.
1737 Qualified employers may conduct training classes for their
1738 employees, with board approval.
1739 Section 71. Section 492.104, Florida Statutes, is amended
1740 to read:
1741 492.104 Rulemaking authority.—The Board of Professional
1742 Geologists has authority to adopt rules pursuant to ss.
1743 120.536(1) and 120.54 to implement this chapter. Every licensee
1744 shall be governed and controlled by this chapter and the rules
1745 adopted by the board. The board is authorized to set, by rule,
1746 fees for application, examination, certificate of authorization,
1747 late renewal, initial licensure, and license renewal. These fees
1748 may should not exceed the cost of implementing the application,
1749 examination, initial licensure, and license renewal or other
1750 administrative process and shall be established as follows:
1751 (1) The application fee shall not exceed $150 and shall be
1752 nonrefundable.
1753 (2) The examination fee shall not exceed $250, and the fee
1754 may be apportioned to each part of a multipart examination. The
1755 examination fee shall be refundable in whole or part if the
1756 applicant is found to be ineligible to take any portion of the
1757 licensure examination.
1758 (3) The initial license fee shall not exceed $100.
1759 (4) The biennial renewal fee shall not exceed $150.
1760 (5) The fee for a certificate of authorization shall not
1761 exceed $350 and the fee for renewal of the certificate shall not
1762 exceed $350.
1763 (5)(6) The fee for reactivation of an inactive license may
1764 shall not exceed $50.
1765 (6)(7) The fee for a provisional license may shall not
1766 exceed $400.
1767 (7)(8) The fee for application, examination, and licensure
1768 for a license by endorsement is shall be as provided in this
1769 section for licenses in general.
1770 Section 72. Subsection (1) of section 492.108, Florida
1771 Statutes, is amended to read:
1772 492.108 Licensure by endorsement; requirements; fees.—
1773 (1) The department shall issue a license by endorsement to
1774 any applicant who, upon applying to the department and remitting
1775 an application fee, has been certified by the board that he or
1776 she:
1777 (a) Has met the qualifications for licensure in s.
1778 492.105(1)(b)-(e) and:.
1779 1.(b) Is the holder of an active license in good standing
1780 in a state, trust, territory, or possession of the United
1781 States.
1782 2.(c) Was licensed through written examination in at least
1783 one state, trust, territory, or possession of the United States,
1784 the examination requirements of which have been approved by the
1785 board as substantially equivalent to or more stringent than
1786 those of this state, and has received a score on such
1787 examination which is equal to or greater than the score required
1788 by this state for licensure by examination.
1789 3.(d) Has taken and successfully passed the laws and rules
1790 portion of the examination required for licensure as a
1791 professional geologist in this state.
1792 (b) Has held a valid license to practice geology in another
1793 state, trust, territory, or possession of the United States for
1794 at least 10 years before the date of application and has
1795 successfully completed a state, regional, national, or other
1796 examination that is equivalent to or more stringent than the
1797 examination required by the department. If such applicant has
1798 met the requirements for a license by endorsement except
1799 successful completion of an examination that is equivalent to or
1800 more stringent than the examination required by the board, such
1801 applicant may take the examination required by the board. Such
1802 application must be submitted to the board while the applicant
1803 holds a valid license in another state or territory or within 2
1804 years after the expiration of such license.
1805 Section 73. Section 492.111, Florida Statutes, is amended
1806 to read:
1807 492.111 Practice of professional geology by a firm,
1808 corporation, or partnership; certificate of authorization.—The
1809 practice of, or offer to practice, professional geology by
1810 individual professional geologists licensed under the provisions
1811 of this chapter through a firm, corporation, or partnership
1812 offering geological services to the public through individually
1813 licensed professional geologists as agents, employees, officers,
1814 or partners thereof is permitted subject to the provisions of
1815 this chapter, if provided that:
1816 (1) At all times that it offers geological services to the
1817 public, the firm, corporation, or partnership is qualified by
1818 has on file with the department the name and license number of
1819 one or more individuals who hold a current, active license as a
1820 professional geologist in the state and are serving as a
1821 geologist of record for the firm, corporation, or partnership. A
1822 geologist of record may be any principal officer or employee of
1823 such firm or corporation, or any partner or employee of such
1824 partnership, who holds a current, active license as a
1825 professional geologist in this state, or any other Florida
1826 licensed professional geologist with whom the firm, corporation,
1827 or partnership has entered into a long-term, ongoing
1828 relationship, as defined by rule of the board, to serve as one
1829 of its geologists of record. It shall be the responsibility of
1830 the firm, corporation, or partnership and The geologist of
1831 record shall to notify the department of any changes in the
1832 relationship or identity of that geologist of record within 30
1833 days after such change.
1834 (2) The firm, corporation, or partnership has been issued a
1835 certificate of authorization by the department as provided in
1836 this chapter. For purposes of this section, a certificate of
1837 authorization shall be required of any firm, corporation,
1838 partnership, association, or person practicing under a
1839 fictitious name and offering geological services to the public;
1840 except that, when an individual is practicing professional
1841 geology in her or his own name, she or he shall not be required
1842 to obtain a certificate of authorization under this section.
1843 Such certificate of authorization shall be renewed every 2
1844 years.
1845 (2)(3) All final geological papers or documents involving
1846 the practice of the profession of geology which have been
1847 prepared or approved for the use of such firm, corporation, or
1848 partnership, for delivery to any person for public record with
1849 the state, shall be dated and bear the signature and seal of the
1850 professional geologist or professional geologists who prepared
1851 or approved them.
1852 (3)(4) Except as provided in s. 558.0035, the fact that a
1853 licensed professional geologist practices through a corporation
1854 or partnership does not relieve the registrant from personal
1855 liability for negligence, misconduct, or wrongful acts committed
1856 by her or him. The partnership and all partners are jointly and
1857 severally liable for the negligence, misconduct, or wrongful
1858 acts committed by their agents, employees, or partners while
1859 acting in a professional capacity. Any officer, agent, or
1860 employee of a corporation is personally liable and accountable
1861 only for negligent acts, wrongful acts, or misconduct committed
1862 by her or him or committed by any person under her or his direct
1863 supervision and control, while rendering professional services
1864 on behalf of the corporation. The personal liability of a
1865 shareholder of a corporation, in her or his capacity as
1866 shareholder, may be no greater than that of a shareholder
1867 employee of a corporation incorporated under chapter 607. The
1868 corporation is liable up to the full value of its property for
1869 any negligent acts, wrongful acts, or misconduct committed by
1870 any of its officers, agents, or employees while they are engaged
1871 on behalf of the corporation in the rendering of professional
1872 services.
1873 (5) The firm, corporation, or partnership desiring a
1874 certificate of authorization shall file with the department an
1875 application therefor, upon a form to be prescribed by the
1876 department, accompanied by the required application fee.
1877 (6) The department may refuse to issue a certificate of
1878 authorization if any facts exist which would entitle the
1879 department to suspend or revoke an existing certificate of
1880 authorization or if the department, after giving persons
1881 involved a full and fair hearing, determines that any of the
1882 officers or directors of said firm or corporation, or partners
1883 of said partnership, have violated the provisions of s. 492.113.
1884 Section 74. Subsection (4) of section 492.113, Florida
1885 Statutes, is amended to read:
1886 492.113 Disciplinary proceedings.—
1887 (4) The department shall reissue the license of a
1888 disciplined professional geologist or business upon
1889 certification by the board that the disciplined person has
1890 complied with all of the terms and conditions set forth in the
1891 final order.
1892 Section 75. Section 492.115, Florida Statutes, is amended
1893 to read:
1894 492.115 Roster of licensed professional geologists.—A
1895 roster showing the names and places of business or residence of
1896 all licensed professional geologists and all properly qualified
1897 firms, corporations, or partnerships practicing holding
1898 certificates of authorization to practice professional geology
1899 in the state shall be prepared annually by the department. A
1900 copy of this roster must be made available to shall be
1901 obtainable by each licensed professional geologist and each
1902 firm, corporation, or partnership qualified by a professional
1903 geologist holding a certificate of authorization, and copies
1904 thereof shall be placed on file with the department.
1905 Section 76. Section 509.102, Florida Statutes, is created
1906 to read:
1907 509.102 Mobile food dispensing vehicles; preemption.—
1908 (1) As used in this section, the term “mobile food
1909 dispensing vehicle” means any vehicle that is a public food
1910 service establishment and that is self-propelled or otherwise
1911 movable from place to place and includes self-contained
1912 utilities, including, but not limited to, gas, water,
1913 electricity, or liquid waste disposal.
1914 (2) Regulation of mobile food dispensing vehicles involving
1915 licenses, registrations, permits, and fees is preempted to the
1916 state. A municipality, county, or other local governmental
1917 entity may not require a separate license, registration, or
1918 permit other than the license required under s. 509.241, or
1919 require the payment of any license, registration, or permit fee
1920 other than the fee required under s. 509.251, as a condition for
1921 the operation of a mobile food dispensing vehicle within the
1922 entity’s jurisdiction. A municipality, county, or other local
1923 governmental entity may not prohibit mobile food dispensing
1924 vehicles from operating within the entirety of the entity’s
1925 jurisdiction.
1926 (3) This section may not be construed to affect a
1927 municipality, county, or other local governmental entity’s
1928 authority to regulate the operation of mobile food dispensing
1929 vehicles other than the regulations described in subsection (2).
1930 (4) This section does not apply to any port authority,
1931 aviation authority, airport, or seaport.
1932 Section 77. Paragraph (i) of subsection (2) of section
1933 548.003, Florida Statutes, is amended to read:
1934 548.003 Florida State Boxing Commission.—
1935 (2) The Florida State Boxing Commission, as created by
1936 subsection (1), shall administer the provisions of this chapter.
1937 The commission has authority to adopt rules pursuant to ss.
1938 120.536(1) and 120.54 to implement the provisions of this
1939 chapter and to implement each of the duties and responsibilities
1940 conferred upon the commission, including, but not limited to:
1941 (i) Designation and duties of a knockdown timekeeper.
1942 Section 78. Subsection (1) of section 548.017, Florida
1943 Statutes, is amended to read:
1944 548.017 Participants, managers, and other persons required
1945 to have licenses.—
1946 (1) A participant, manager, trainer, second, timekeeper,
1947 referee, judge, announcer, physician, matchmaker, or promoter
1948 must be licensed before directly or indirectly acting in such
1949 capacity in connection with any match involving a participant. A
1950 physician approved by the commission must be licensed pursuant
1951 to chapter 458 or chapter 459, must maintain an unencumbered
1952 license in good standing, and must demonstrate satisfactory
1953 medical training or experience in boxing, or a combination of
1954 both, to the executive director before working as the ringside
1955 physician.
1956 Section 79. Paragraph (d) of subsection (1) of section
1957 553.5141, Florida Statutes, is amended to read:
1958 553.5141 Certifications of conformity and remediation
1959 plans.—
1960 (1) For purposes of this section:
1961 (d) “Qualified expert” means:
1962 1. An engineer licensed pursuant to chapter 471.
1963 2. A certified general contractor licensed pursuant to
1964 chapter 489.
1965 3. A certified building contractor licensed pursuant to
1966 chapter 489.
1967 4. A building code administrator licensed pursuant to
1968 chapter 468.
1969 5. A building inspector licensed pursuant to chapter 468.
1970 6. A plans examiner licensed pursuant to chapter 468.
1971 7. An interior designer registered licensed pursuant to
1972 chapter 481.
1973 8. An architect licensed pursuant to chapter 481.
1974 9. A landscape architect licensed pursuant to chapter 481.
1975 10. Any person who has prepared a remediation plan related
1976 to a claim under Title III of the Americans with Disabilities
1977 Act, 42 U.S.C. s. 12182, that has been accepted by a federal
1978 court in a settlement agreement or court proceeding, or who has
1979 been qualified as an expert in Title III of the Americans with
1980 Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
1981 Section 80. Effective January 1, 2021, subsection (1) of
1982 section 553.74, Florida Statutes, is amended to read:
1983 553.74 Florida Building Commission.—
1984 (1) The Florida Building Commission is created and located
1985 within the Department of Business and Professional Regulation
1986 for administrative purposes. Members are appointed by the
1987 Governor subject to confirmation by the Senate. The commission
1988 is composed of 19 27 members, consisting of the following
1989 members:
1990 (a) One architect licensed pursuant to chapter 481 with at
1991 least 5 years of experience in the design and construction of
1992 buildings designated for Group E or Group I occupancies by the
1993 Florida Building Code registered to practice in this state and
1994 actively engaged in the profession. The American Institute of
1995 Architects, Florida Section, is encouraged to recommend a list
1996 of candidates for consideration.
1997 (b) One structural engineer registered to practice in this
1998 state and actively engaged in the profession. The Florida
1999 Engineering Society is encouraged to recommend a list of
2000 candidates for consideration.
2001 (c) One air-conditioning contractor, or mechanical
2002 contractor, or mechanical engineer certified to do business in
2003 this state and actively engaged in the profession. The Florida
2004 Air Conditioning Contractors Association, the Florida
2005 Refrigeration and Air Conditioning Contractors Association, and
2006 the Mechanical Contractors Association of Florida, and the
2007 Florida Engineering Society are encouraged to recommend a list
2008 of candidates for consideration.
2009 (d) One electrical contractor or electrical engineer
2010 certified to do business in this state and actively engaged in
2011 the profession. The Florida Association of Electrical
2012 Contractors, and the National Electrical Contractors
2013 Association, Florida Chapter, and the Florida Engineering
2014 Society are encouraged to recommend a list of candidates for
2015 consideration.
2016 (e) One member from fire protection engineering or
2017 technology who is actively engaged in the profession. The
2018 Florida Chapter of the Society of Fire Protection Engineers and
2019 the Florida Fire Marshals and Inspectors Association are
2020 encouraged to recommend a list of candidates for consideration.
2021 (e)(f) One certified general contractor or one certified
2022 building contractor certified to do business in this state and
2023 actively engaged in the profession. The Associated Builders and
2024 Contractors of Florida, the Florida Associated General
2025 Contractors Council, the Florida Home Builders Association, and
2026 the Union Contractors Association are encouraged to recommend a
2027 list of candidates for consideration.
2028 (f)(g) One plumbing contractor licensed to do business in
2029 this state and actively engaged in the profession. The Florida
2030 Association of Plumbing, Heating, and Cooling Contractors is
2031 encouraged to recommend a list of candidates for consideration.
2032 (g)(h) One roofing or sheet metal contractor certified to
2033 do business in this state and actively engaged in the
2034 profession. The Florida Roofing, Sheet Metal, and Air
2035 Conditioning Contractors Association and the Sheet Metal and Air
2036 Conditioning Contractors’ National Association are encouraged to
2037 recommend a list of candidates for consideration.
2038 (h)(i) One certified residential contractor licensed to do
2039 business in this state and actively engaged in the profession.
2040 The Florida Home Builders Association is encouraged to recommend
2041 a list of candidates for consideration.
2042 (i)(j) Three members who are municipal, county, or district
2043 codes enforcement officials, one of whom is also a fire
2044 official. The Building Officials Association of Florida and the
2045 Florida Fire Marshals and Inspectors Association are encouraged
2046 to recommend a list of candidates for consideration.
2047 (k) One member who represents the Department of Financial
2048 Services.
2049 (l) One member who is a county codes enforcement official.
2050 The Building Officials Association of Florida is encouraged to
2051 recommend a list of candidates for consideration.
2052 (j)(m) One member of a Florida-based organization of
2053 persons with disabilities or a nationally chartered organization
2054 of persons with disabilities with chapters in this state which
2055 complies with or is certified to be compliant with the
2056 requirements of the Americans with Disabilities Act of 1990, as
2057 amended.
2058 (k)(n) One member of the manufactured buildings industry
2059 who is licensed to do business in this state and is actively
2060 engaged in the industry. The Florida Manufactured Housing
2061 Association is encouraged to recommend a list of candidates for
2062 consideration.
2063 (o) One mechanical or electrical engineer registered to
2064 practice in this state and actively engaged in the profession.
2065 The Florida Engineering Society is encouraged to recommend a
2066 list of candidates for consideration.
2067 (p) One member who is a representative of a municipality or
2068 a charter county. The Florida League of Cities and the Florida
2069 Association of Counties are encouraged to recommend a list of
2070 candidates for consideration.
2071 (l)(q) One member of the building products manufacturing
2072 industry who is authorized to do business in this state and is
2073 actively engaged in the industry. The Florida Building Material
2074 Association, the Florida Concrete and Products Association, and
2075 the Fenestration Manufacturers Association are encouraged to
2076 recommend a list of candidates for consideration.
2077 (m)(r) One member who is a representative of the building
2078 owners and managers industry who is actively engaged in
2079 commercial building ownership or management. The Building Owners
2080 and Managers Association is encouraged to recommend a list of
2081 candidates for consideration.
2082 (n)(s) One member who is a representative of the insurance
2083 industry. The Florida Insurance Council is encouraged to
2084 recommend a list of candidates for consideration.
2085 (t) One member who is a representative of public education.
2086 (o)(u) One member who is a swimming pool contractor
2087 licensed to do business in this state and actively engaged in
2088 the profession. The Florida Swimming Pool Association and the
2089 United Pool and Spa Association are encouraged to recommend a
2090 list of candidates for consideration.
2091 (p) The Chief Resilience Officer or his or her designee.
2092 (q)(v) One member who is a representative of the green
2093 building industry and who is a third-party commission agent, a
2094 Florida board member of the United States Green Building Council
2095 or Green Building Initiative, a professional who is accredited
2096 under the International Green Construction Code (IGCC), or a
2097 professional who is accredited under Leadership in Energy and
2098 Environmental Design (LEED).
2099 (w) One member who is a representative of a natural gas
2100 distribution system and who is actively engaged in the
2101 distribution of natural gas in this state. The Florida Natural
2102 Gas Association is encouraged to recommend a list of candidates
2103 for consideration.
2104 (x) One member who is a representative of the Department of
2105 Agriculture and Consumer Services’ Office of Energy. The
2106 Commissioner of Agriculture is encouraged to recommend a list of
2107 candidates for consideration.
2108 (y) One member who shall be the chair.
2109 Section 81. Subsections (5) and (6) are added to section
2110 823.15, Florida Statutes, to read:
2111 823.15 Dogs and cats released from animal shelters or
2112 animal control agencies; sterilization requirement.—
2113 (5) Employees, agents, or contractors of a public or
2114 private animal shelter, a humane organization, or an animal
2115 control agency operated by a humane organization or by a county,
2116 municipality, or other incorporated political subdivision may
2117 implant dogs and cats with radio frequency identification
2118 microchips as part of their work with such public or private
2119 animal shelter, humane organization, or animal control agency.
2120 (6) Notwithstanding s. 474.2165, employees, agents, or
2121 contractors of a public or private animal shelter, a humane
2122 organization, or an animal control agency operated by a humane
2123 organization or by a county, municipality, or other incorporated
2124 political subdivision may contact the owner of record listed on
2125 a radio frequency identification microchip to verify pet
2126 ownership.
2127 Section 82. Subsection (7) of section 558.002, Florida
2128 Statutes, is amended to read:
2129 558.002 Definitions.—As used in this chapter, the term:
2130 (7) “Design professional” means a person, as defined in s.
2131 1.01, who is licensed in this state as an architect, interior
2132 designer, a landscape architect, an engineer, a surveyor, or a
2133 geologist or who is a registered interior designer, as defined
2134 in s. 481.203.
2135
2136 ================= T I T L E A M E N D M E N T ================
2137 And the title is amended as follows:
2138 Delete lines 55 - 274
2139 and insert:
2140 defaulting on certain student loans; amending s.
2141 468.505, F.S.; providing that certain unlicensed
2142 persons are not prohibited or restricted from their
2143 practice, services, or activities in dietetics and
2144 nutrition under certain circumstances; amending s.
2145 468.603, F.S.; revising which inspectors are included
2146 in the definition of the term “categories of building
2147 code inspectors”; amending s. 468.609, F.S.; revising
2148 certain experience requirements for a person to take
2149 the examination for certification; revising the time
2150 period a provisional certificate is valid; amending s.
2151 468.613, F.S.; providing for waiver of specified
2152 requirements for certification under certain
2153 circumstances; amending s. 468.8313, F.S.; revising
2154 the types of examinations the Department of Business
2155 and Professional Regulation is authorized to review
2156 and approve; amending s. 468.8314, F.S.; requiring an
2157 applicant for a license by endorsement to maintain a
2158 specified insurance policy; requiring the department
2159 to certify an applicant who holds a specified license
2160 issued by another state or territory of the United
2161 States under certain circumstances; amending s.
2162 471.015, F.S.; revising licensure requirements for
2163 engineers who hold specified licenses in another
2164 state; amending s. 473.308, F.S.; deleting continuing
2165 education requirements for license by endorsement for
2166 certified public accountants; amending s. 474.202,
2167 F.S.; revising the definition of the term “limited
2168 service veterinary medical practice” to include
2169 certain procedures; amending s. 474.203, F.S.;
2170 providing an exemption for certain persons whose work
2171 is solely confined to microchip implantation in dogs
2172 and cats; amending s. 474.207, F.S.; revising
2173 education requirements for licensure by examination;
2174 amending s. 474.217, F.S.; requiring the department to
2175 issue a license by endorsement to certain applicants
2176 who successfully complete a specified examination;
2177 amending s. 476.114, F.S.; revising training
2178 requirements for licensure as a barber; amending s.
2179 476.144, F.S.; requiring the department to certify as
2180 qualified for licensure by endorsement an applicant
2181 who is licensed to practice barbering in another
2182 state; amending s. 477.013, F.S.; revising the
2183 definition of the term “hair braiding”; repealing s.
2184 477.0132, F.S., relating to registration for hair
2185 braiding, hair wrapping, and body wrapping; amending
2186 s. 477.0135, F.S.; providing additional exemptions
2187 from license or registration requirements for
2188 specified occupations or practices; amending s.
2189 477.019, F.S.; deleting a provision prohibiting the
2190 Board of Cosmetology from asking for proof of certain
2191 educational hours under certain circumstances;
2192 conforming provisions to changes made by the act;
2193 amending s. 477.0201, F.S.; providing requirements for
2194 registration as a specialist; amending s. 477.026,
2195 F.S.; conforming provisions to changes made by the
2196 act; amending s. 477.0263, F.S.; providing that
2197 certain cosmetology services may be performed in a
2198 location other than a licensed salon under certain
2199 circumstances; amending ss. 477.0265 and 477.029,
2200 F.S.; conforming provisions to changes made by the
2201 act; amending s. 481.201, F.S.; deleting legislative
2202 findings relating to the practice of interior design;
2203 amending s. 481.203, F.S.; revising and deleting
2204 definitions; amending s. 481.205, F.S.; conforming
2205 provisions to changes made by the act; amending s.
2206 481.207, F.S.; revising certain fees for interior
2207 designers; conforming provisions to changes made by
2208 the act; amending s. 481.209, F.S.; providing
2209 requirements for a certificate of registration and a
2210 seal for interior designers; specifying that certain
2211 persons who are already licensed as interior designers
2212 are eligible to obtain a certificate of registration;
2213 conforming provisions to changes made by the act;
2214 amending s. 481.213, F.S.; revising requirements for
2215 certification of licensure by endorsement for a
2216 certain licensee to engage in the practice of
2217 architecture; providing that a certificate of
2218 registration is not required for specified persons to
2219 practice; conforming provisions to changes made by the
2220 act; amending s. 481.2131, F.S.; revising who may
2221 perform interior design; requiring certain interior
2222 designers to include a specified seal when submitting
2223 documents for the issuance of a building permit under
2224 certain circumstances; amending s. 481.215, F.S.;
2225 conforming provisions to changes made by the act;
2226 revising the number of hours of specified courses the
2227 board must require for the renewal of a license or
2228 certificate of registration; authorizing licensees to
2229 complete certain courses online; amending s. 481.217,
2230 F.S.; conforming provisions to changes made by the
2231 act; amending s. 481.219, F.S.; deleting provisions
2232 permitting the practice of or offer to practice
2233 interior design through certain business
2234 organizations; deleting provisions requiring
2235 certificates of authorization for certain business
2236 organizations offering interior design services to the
2237 public; requiring a licensee or applicant in the
2238 practice of architecture to qualify as a business
2239 organization; providing requirements; amending s.
2240 481.221, F.S.; conforming provisions to changes made
2241 by the act; requiring registered architects and
2242 certain business organizations to display certain
2243 license numbers in specified advertisements; amending
2244 s. 481.223, F.S.; providing construction; conforming
2245 provisions to changes made by the act; amending s.
2246 481.2251, F.S.; revising the acts that constitute
2247 grounds for disciplinary actions relating to interior
2248 designers; conforming provisions to changes made by
2249 the act; amending ss. 481.229 and 481.231, F.S.;
2250 conforming provisions to changes made by the act;
2251 amending s. 481.303, F.S.; deleting the definition of
2252 the term “certificate of authorization”; amending s.
2253 481.310, F.S.; providing that an applicant who holds
2254 certain degrees is not required to demonstrate 1 year
2255 of practical experience for licensure; amending s.
2256 481.311, F.S.; revising requirements for certification
2257 of licensure by endorsement for a certain applicant to
2258 engage in the practice of landscape architecture;
2259 amending s. 481.313, F.S.; authorizing a landscape
2260 architect to receive hour-for-hour credit for certain
2261 approved continuing education courses under certain
2262 circumstances; amending s. 481.317, F.S.; conforming
2263 provisions to changes made by the act; amending s.
2264 481.319, F.S.; deleting the requirement for a
2265 certificate of authorization; authorizing landscape
2266 architects to practice in the name of a corporation or
2267 partnership; amending s. 481.321, F.S.; requiring a
2268 landscape architect to display a certain certificate
2269 number in specified advertisements; amending s.
2270 481.329, F.S.; conforming a cross-reference; amending
2271 s. 489.103, F.S.; revising certain contract prices for
2272 exemption; amending s. 489.111, F.S.; revising
2273 provisions relating to eligibility for licensure;
2274 amending s. 489.113, F.S.; providing that applicants
2275 who meet certain requirements are not required to pass
2276 a specified examination; amending s. 489.115, F.S.;
2277 requiring the Construction Industry Licensing Board to
2278 certify any applicant who holds a specified license to
2279 practice contracting issued by another state or
2280 territory of the United States under certain
2281 circumstances; requiring certain applicants to
2282 complete certain training; amending s. 489.511, F.S.;
2283 requiring the board to certify as qualified for
2284 certification by endorsement any applicant who holds a
2285 specified license to practice electrical or alarm
2286 system contracting issued by another state or
2287 territory of the United States under certain
2288 circumstances; requiring certain applicants to
2289 complete certain training; amending s. 489.517, F.S.;
2290 providing a reduction in certain continuing education
2291 hours required for certain contractors; amending s.
2292 489.518, F.S.; requiring a person to have completed a
2293 specified amount of training within a certain time
2294 period to perform the duties of an alarm system agent;
2295 amending s. 492.104, F.S.; conforming provisions to
2296 changes made by the act; amending 492.108, F.S.;
2297 requiring the department to issue a license by
2298 endorsement to any applicant who has held a specified
2299 license to practice geology in another state, trust,
2300 territory, or possession of the United States for a
2301 certain period of time; providing that an applicant
2302 may take the examination required by the board if they
2303 have not met the specified examination requirement;
2304 amending s. 492.111, F.S.; deleting the requirements
2305 for a certificate of authorization for a professional
2306 geologist; amending ss. 492.113 and 492.115, F.S.;
2307 conforming provisions to changes made by the act;
2308 creating s. 509.102, F.S.; defining the term “mobile
2309 food dispensing vehicle”; preempting certain
2310 regulation of mobile food dispensing vehicles to the
2311 state; prohibiting certain entities from prohibiting
2312 mobile food dispensing vehicles from operating within
2313 the entirety of such entities’ jurisdictions;
2314 providing construction and applicability; amending s.
2315 548.003, F.S.; deleting the requirement that the
2316 Florida State Boxing Commission adopt rules relating
2317 to a knockdown timekeeper; amending s. 548.017, F.S.;
2318 deleting the licensure requirement for a timekeeper or
2319 an announcer; amending s. 553.5141, F.S.; conforming
2320 provisions to changes made by the act; amending s.
2321 553.74, F.S.; revising the membership and
2322 qualifications of the Florida Building Commission;
2323 amending s. 823.15, F.S.; authorizing certain persons
2324 to implant dogs and cats with specified microchips
2325 under certain circumstances; authorizing certain
2326 persons to contact the owner of record listed on radio
2327 frequency identification microchips under certain
2328 circumstances; amending ss. 558.002 and