Florida Senate - 2020                                     SB 474
       
       
        
       By Senator Albritton
       
       
       
       
       
       26-00104D-20                                           2020474__
    1                        A bill to be entitled                      
    2         An act relating to the deregulation of professions and
    3         occupations; providing a short title; amending s.
    4         20.165, F.S.; renaming the Board of Architecture and
    5         Interior Design as the Board of Architecture within
    6         the Department of Business and Professional
    7         Regulation; amending s. 326.004, F.S.; deleting the
    8         requirement that a yacht broker maintain a separate
    9         license for each branch office; deleting the
   10         requirement that the Division of Florida Condominiums,
   11         Timeshares, and Mobile Homes establish a fee; amending
   12         s. 447.02, F.S.; conforming provisions to changes made
   13         by the act; repealing s. 447.04, F.S., relating to
   14         licensure and permit requirements for business agents;
   15         repealing s. 447.041, F.S., relating to hearings for
   16         persons or labor organizations denied licensure as a
   17         business agent; repealing s. 447.045, F.S., relating
   18         to confidential information obtained during the
   19         application process; repealing s. 447.06, F.S.,
   20         relating to required registration of labor
   21         organizations; amending s. 447.09, F.S.; deleting
   22         certain prohibited actions relating to the right of
   23         franchise of a member of a labor organization;
   24         repealing s. 447.12, F.S., relating to registration
   25         fees; repealing s. 447.16, F.S., relating to
   26         applicability; amending s. 447.305, F.S.; deleting a
   27         provision that requires notification of registrations
   28         and renewals to the Department of Business and
   29         Professional Regulation; amending s. 455.213, F.S.;
   30         requiring the department or a board to enter into
   31         reciprocal licensing agreements with other states
   32         under certain circumstances; providing requirements;
   33         amending s. 456.072, F.S.; specifying that the failure
   34         to repay certain student loans is not considered a
   35         failure to perform a statutory or legal obligation for
   36         which certain disciplinary action can be taken;
   37         conforming provisions to changes made by the act;
   38         repealing s. 456.0721, F.S., relating to health care
   39         practitioners who are in default on student loan or
   40         scholarship obligations; amending s. 456.074, F.S.;
   41         deleting a provision relating to the suspension of a
   42         license issued by the Department of Health for
   43         defaulting on certain student loans; amending s.
   44         468.385, F.S.; revising requirements relating to
   45         businesses auctioning or offering to auction property
   46         in this state; amending s. 468.603, F.S.; revising
   47         which inspectors are included in the definition of the
   48         term “categories of building code inspectors”;
   49         amending s. 468.613, F.S.; providing for waiver of
   50         specified requirements for certification under certain
   51         circumstances; amending s. 468.8314, F.S.; requiring
   52         an applicant for a license by endorsement to maintain
   53         a specified insurance policy; requiring the department
   54         to certify an applicant who holds a specified license
   55         issued by another state or territory of the United
   56         States under certain circumstances; amending s.
   57         469.006, F.S.; providing additional licensure
   58         requirements for asbestos abatement consulting or
   59         contracting as a partnership, corporation, business
   60         trust, or other legal entity; amending s. 469.009,
   61         F.S.; conforming provisions to changes made by the
   62         act; amending s. 471.015, F.S.; revising licensure
   63         requirements for engineers who hold specified licenses
   64         in another state; amending s. 473.308, F.S.; deleting
   65         continuing education requirements for license by
   66         endorsement for certified public accountants; amending
   67         s. 474.202, F.S.; revising the definition of the term
   68         “limited-service veterinary medical practice” to
   69         include certain procedures; amending s. 474.207, F.S.;
   70         revising education requirements for licensure by
   71         examination; amending s. 474.217, F.S.; requiring the
   72         department to issue a license by endorsement to
   73         certain applicants who successfully complete a
   74         specified examination; amending s. 476.114, F.S.;
   75         revising training requirements for licensure as a
   76         barber; amending s. 476.144, F.S.; requiring the
   77         department to certify as qualified for licensure by
   78         endorsement an applicant who is licensed to practice
   79         barbering in another state; amending s. 477.013, F.S.;
   80         revising the definition of the term “hair braiding”;
   81         repealing s. 477.0132, F.S., relating to registration
   82         for hair braiding, hair wrapping, and body wrapping;
   83         amending s. 477.0135, F.S.; providing additional
   84         exemptions from license or registration requirements
   85         for specified occupations or practices; amending s.
   86         477.019, F.S.; deleting a provision prohibiting the
   87         Board of Cosmetology from asking for proof of certain
   88         educational hours under certain circumstances;
   89         revising requirements for certification of licensure
   90         by endorsement for a certain applicant to engage in
   91         the practice of cosmetology; conforming provisions to
   92         changes made by the act; amending s. 477.0201, F.S.;
   93         providing requirements for registration as a
   94         specialist; amending s. 477.026, F.S.; conforming
   95         provisions to changes made by the act; amending s.
   96         477.0263, F.S.; providing that certain cosmetology
   97         services may be performed in a location other than a
   98         licensed salon under certain circumstances; amending
   99         ss. 477.0265 and 477.029, F.S.; conforming provisions
  100         to changes made by the act; amending s. 481.201, F.S.;
  101         deleting legislative findings relating to the practice
  102         of interior design; amending s. 481.203, F.S.;
  103         revising and deleting definitions; amending s.
  104         481.205, F.S.; renaming the Board of Architecture and
  105         Interior Design as the Board of Architecture; revising
  106         membership of the board; conforming provisions to
  107         changes made by the act; amending ss. 481.207 and
  108         481.209, F.S.; conforming provisions to changes made
  109         by the act; amending s. 481.213, F.S.; revising
  110         requirements for certification of licensure by
  111         endorsement for a certain licensee to engage in the
  112         practice of architecture; conforming provisions to
  113         changes made by the act; amending s. 481.2131, F.S.;
  114         requiring certain interior designers to include proof
  115         of completed specified examination requirements when
  116         submitting documents for the issuance of a building
  117         permit; providing that a license or registration is
  118         not required for specified persons to practice;
  119         amending s. 481.215, F.S.; conforming provisions to
  120         changes made by the act; revising requirements
  121         relating to the renewal of an interior designer
  122         license; specifying that the Board of Architecture
  123         shall only approve certain continuing education;
  124         providing exceptions; amending s. 481.217, F.S.;
  125         conforming provisions to changes made by the act;
  126         amending s. 481.219, F.S.; deleting provisions
  127         permitting the practice of or offer to practice
  128         interior design through certain business
  129         organizations; deleting provisions requiring
  130         certificates of authorization for certain business
  131         organizations offering interior design services to the
  132         public; requiring a licensee or applicant in the
  133         practice of architecture to qualify as a business
  134         organization; providing requirements; amending s.
  135         481.221, F.S.; conforming provisions to changes made
  136         by the act; requiring registered architects and
  137         certain business organizations to display certain
  138         license numbers in specified advertisements; providing
  139         an exception; amending ss. 481.222 and 481.223, F.S.;
  140         conforming provisions to changes made by the act;
  141         repealing s. 481.2251, F.S., relating to disciplinary
  142         proceedings against registered interior designers;
  143         amending ss. 481.229 and 481.231, F.S.; conforming
  144         provisions to changes made by the act; amending s.
  145         481.303, F.S.; deleting the definition of the term
  146         “certificate of authorization”; amending s. 481.310,
  147         F.S.; providing that an applicant who holds certain
  148         degrees is not required to demonstrate 1 year of
  149         practical experience for licensure; amending s.
  150         481.311, F.S.; revising requirements for certification
  151         of licensure by endorsement for a certain applicant to
  152         engage in the practice of landscape architecture;
  153         amending s. 481.317, F.S.; conforming provisions to
  154         changes made by the act; amending s. 481.319, F.S.;
  155         deleting the requirement for a certificate of
  156         authorization; authorizing landscape architects to
  157         practice in the name of a corporation or partnership;
  158         amending s. 481.321, F.S.; requiring a landscape
  159         architect to display a certain certificate number in
  160         specified advertisements; amending s. 481.329, F.S.;
  161         conforming a cross-reference; amending s. 489.103,
  162         F.S.; revising certain contract prices for exemption;
  163         amending s. 489.111, F.S.; revising provisions
  164         relating to eligibility for licensure; amending s.
  165         489.115, F.S.; requiring the Construction Industry
  166         Licensing Board to certify any applicant who holds a
  167         specified license to practice contracting issued by
  168         another state or territory of the United States under
  169         certain circumstances; amending s. 489.511, F.S.;
  170         requiring the board to certify as qualified for
  171         certification by endorsement any applicant who holds a
  172         specified license to practice electrical or alarm
  173         system contracting issued by another state or
  174         territory of the United States under certain
  175         circumstances; amending s. 489.517, F.S.; providing a
  176         reduction in certain continuing education hours
  177         required for registered contractors; amending s.
  178         489.518, F.S.; requiring a person to have completed a
  179         specified amount of training within a certain time
  180         period to perform the duties of an alarm system agent;
  181         amending s. 548.003, F.S.; deleting the requirement
  182         that the Florida State Boxing Commission adopt rules
  183         relating to a knockdown timekeeper; amending s.
  184         548.017, F.S.; deleting the licensure requirement for
  185         a timekeeper or an announcer; amending s. 553.5141,
  186         F.S.; conforming provisions to changes made by the
  187         act; amending s. 553.74, F.S.; revising the membership
  188         and qualifications of the Florida Building Commission;
  189         amending ss. 553.79, 558.002, 559.25, and 287.055,
  190         F.S.; conforming provisions to changes made by the
  191         act; providing effective dates.
  192          
  193  Be It Enacted by the Legislature of the State of Florida:
  194  
  195         Section 1. This act may be cited as the “Occupational
  196  Freedom and Opportunity Act.”
  197         Section 2. Paragraph (a) of subsection (4) of section
  198  20.165, Florida Statutes, is amended to read:
  199         20.165 Department of Business and Professional Regulation.
  200  There is created a Department of Business and Professional
  201  Regulation.
  202         (4)(a) The following boards and programs are established
  203  within the Division of Professions:
  204         1. Board of Architecture and Interior Design, created under
  205  part I of chapter 481.
  206         2. Florida Board of Auctioneers, created under part VI of
  207  chapter 468.
  208         3. Barbers’ Board, created under chapter 476.
  209         4. Florida Building Code Administrators and Inspectors
  210  Board, created under part XII of chapter 468.
  211         5. Construction Industry Licensing Board, created under
  212  part I of chapter 489.
  213         6. Board of Cosmetology, created under chapter 477.
  214         7. Electrical Contractors’ Licensing Board, created under
  215  part II of chapter 489.
  216         8. Board of Employee Leasing Companies, created under part
  217  XI of chapter 468.
  218         9. Board of Landscape Architecture, created under part II
  219  of chapter 481.
  220         10. Board of Pilot Commissioners, created under chapter
  221  310.
  222         11. Board of Professional Engineers, created under chapter
  223  471.
  224         12. Board of Professional Geologists, created under chapter
  225  492.
  226         13. Board of Veterinary Medicine, created under chapter
  227  474.
  228         14. Home inspection services licensing program, created
  229  under part XV of chapter 468.
  230         15. Mold-related services licensing program, created under
  231  part XVI of chapter 468.
  232         Section 3. Subsection (13) of section 326.004, Florida
  233  Statutes, is amended to read:
  234         326.004 Licensing.—
  235         (13) Each broker must maintain a principal place of
  236  business in this state and may establish branch offices in the
  237  state. A separate license must be maintained for each branch
  238  office. The division shall establish by rule a fee not to exceed
  239  $100 for each branch office license.
  240         Section 4. Subsection (3) of section 447.02, Florida
  241  Statutes, is amended to read:
  242         447.02 Definitions.—The following terms, when used in this
  243  chapter, shall have the meanings ascribed to them in this
  244  section:
  245         (3)The term “department” means the Department of Business
  246  and Professional Regulation.
  247         Section 5. Section 447.04, Florida Statutes, is repealed.
  248         Section 6. Section 447.041, Florida Statutes, is repealed.
  249         Section 7. Section 447.045, Florida Statutes, is repealed.
  250         Section 8. Section 447.06, Florida Statutes, is repealed.
  251         Section 9. Subsections (6) and (8) of section 447.09,
  252  Florida Statutes, are amended to read:
  253         447.09 Right of franchise preserved; penalties.—It shall be
  254  unlawful for any person:
  255         (6)To act as a business agent without having obtained and
  256  possessing a valid and subsisting license or permit.
  257         (8)To make any false statement in an application for a
  258  license.
  259         Section 10. Section 447.12, Florida Statutes, is repealed.
  260         Section 11. Section 447.16, Florida Statutes, is repealed.
  261         Section 12. Subsection (4) of section 447.305, Florida
  262  Statutes, is amended to read:
  263         447.305 Registration of employee organization.—
  264         (4)Notification of registrations and renewals of
  265  registration shall be furnished at regular intervals by the
  266  commission to the Department of Business and Professional
  267  Regulation.
  268         Section 13. Subsection (14) is added to section 455.213,
  269  Florida Statutes, to read:
  270         455.213 General licensing provisions.—
  271         (14)The department or a board must enter into a reciprocal
  272  licensing agreement with other states if the practice act within
  273  the purview of this chapter permits such agreement. If a
  274  reciprocal licensing agreement exists or if the department or
  275  board has determined another state’s licensing requirements or
  276  examinations to be substantially equivalent or more stringent to
  277  those under the practice act, the department or board must post
  278  on its website which jurisdictions have such reciprocal
  279  licensing agreements or substantially similar licenses.
  280         Section 14. Paragraph (k) of subsection (1) of section
  281  456.072, Florida Statutes, is amended to read:
  282         456.072 Grounds for discipline; penalties; enforcement.—
  283         (1) The following acts shall constitute grounds for which
  284  the disciplinary actions specified in subsection (2) may be
  285  taken:
  286         (k) Failing to perform any statutory or legal obligation
  287  placed upon a licensee. For purposes of this section, failing to
  288  repay a student loan issued or guaranteed by the state or the
  289  Federal Government in accordance with the terms of the loan is
  290  not or failing to comply with service scholarship obligations
  291  shall be considered a failure to perform a statutory or legal
  292  obligation, and the minimum disciplinary action imposed shall be
  293  a suspension of the license until new payment terms are agreed
  294  upon or the scholarship obligation is resumed, followed by
  295  probation for the duration of the student loan or remaining
  296  scholarship obligation period, and a fine equal to 10 percent of
  297  the defaulted loan amount. Fines collected shall be deposited
  298  into the Medical Quality Assurance Trust Fund.
  299         Section 15. Section 456.0721, Florida Statutes, is
  300  repealed.
  301         Section 16. Subsection (4) of section 456.074, Florida
  302  Statutes, is amended to read:
  303         456.074 Certain health care practitioners; immediate
  304  suspension of license.—
  305         (4)Upon receipt of information that a Florida-licensed
  306  health care practitioner has defaulted on a student loan issued
  307  or guaranteed by the state or the Federal Government, the
  308  department shall notify the licensee by certified mail that he
  309  or she shall be subject to immediate suspension of license
  310  unless, within 45 days after the date of mailing, the licensee
  311  provides proof that new payment terms have been agreed upon by
  312  all parties to the loan. The department shall issue an emergency
  313  order suspending the license of any licensee who, after 45 days
  314  following the date of mailing from the department, has failed to
  315  provide such proof. Production of such proof shall not prohibit
  316  the department from proceeding with disciplinary action against
  317  the licensee pursuant to s. 456.073.
  318         Section 17. Paragraph (b) of subsection (7) of section
  319  468.385, Florida Statutes, is amended to read:
  320         468.385 Licenses required; qualifications; examination.—
  321         (7)
  322         (b) A No business may not shall auction or offer to auction
  323  any property in this state unless it is owned by an auctioneer
  324  who is licensed as an auction business by the department board
  325  or is exempt from licensure under this act. Each application for
  326  licensure must shall include the names of the owner and the
  327  business, the business mailing address and location, and any
  328  other information which the board may require. The owner of an
  329  auction business shall report to the board within 30 days of any
  330  change in this required information.
  331         Section 18. Paragraph (f) of subsection (5) of section
  332  468.603, Florida Statutes, is amended to read:
  333         468.603 Definitions.—As used in this part:
  334         (5) “Categories of building code inspectors” include the
  335  following:
  336         (f) “Residential One and two family dwelling inspector”
  337  means a person who is qualified to inspect and determine that
  338  one-family, two-family, or three-family residences not exceeding
  339  two habitable stories above no more than one uninhabitable story
  340  and accessory use structures in connection therewith one and two
  341  family dwellings and accessory structures are constructed in
  342  accordance with the provisions of the governing building,
  343  plumbing, mechanical, accessibility, and electrical codes.
  344         Section 19. Section 468.613, Florida Statutes, is amended
  345  to read:
  346         468.613 Certification by endorsement.—The board shall
  347  examine other certification or training programs, as applicable,
  348  upon submission to the board for its consideration of an
  349  application for certification by endorsement. The board shall
  350  waive its examination, qualification, education, or training
  351  requirements, to the extent that such examination,
  352  qualification, education, or training requirements of the
  353  applicant are determined by the board to be comparable with
  354  those established by the board. The board shall waive its
  355  examination, qualification, education, or training requirements
  356  if an applicant for certification by endorsement is at least 18
  357  years of age; is of good moral character; has held a valid
  358  building administrator, inspector, plans examiner, or the
  359  equivalent, certification issued by another state or territory
  360  of the United States for at least 10 years before the date of
  361  application; and has successfully passed an applicable
  362  examination administered by the International Code Council. Such
  363  application must be made either when the license in another
  364  state or territory is active or within 2 years after such
  365  license was last active.
  366         Section 20. Subsection (3) of section 468.8314, Florida
  367  Statutes, is amended to read:
  368         468.8314 Licensure.—
  369         (3) The department shall certify as qualified for a license
  370  by endorsement an applicant who is of good moral character as
  371  determined in s. 468.8313, who maintains an insurance policy as
  372  required by s. 468.8322, and who:;
  373         (a) Holds a valid license to practice home inspection
  374  services in another state or territory of the United States,
  375  whose educational requirements are substantially equivalent to
  376  those required by this part; and has passed a national,
  377  regional, state, or territorial licensing examination that is
  378  substantially equivalent to the examination required by this
  379  part; or
  380         (b) Has held a valid license to practice home inspection
  381  services issued by another state or territory of the United
  382  States for at least 10 years before the date of application.
  383  Such application must be made either when the license in another
  384  state or territory is active or within 2 years after such
  385  license was last active.
  386         Section 21. Paragraphs (a) and (e) of subsection (2),
  387  subsection (3), paragraph (b) of subsection (4), and subsection
  388  (6) of section 469.006, Florida Statutes, are amended to read:
  389         469.006 Licensure of business organizations; qualifying
  390  agents.—
  391         (2)(a) If the applicant proposes to engage in consulting or
  392  contracting as a partnership, corporation, business trust, or
  393  other legal entity, or in any name other than the applicant’s
  394  legal name, the legal entity must apply for licensure through a
  395  qualifying agent or the individual applicant must qualify apply
  396  for licensure under the business organization fictitious name.
  397         (e) A The license, when issued upon application of a
  398  business organization, must be in the name of the qualifying
  399  agent business organization, and the name of the business
  400  organization qualifying agent must be noted on the license
  401  thereon. If there is a change in any information that is
  402  required to be stated on the application, the qualifying agent
  403  business organization shall, within 45 days after such change
  404  occurs, mail the correct information to the department.
  405         (3) The qualifying agent must shall be licensed under this
  406  chapter in order for the business organization to be qualified
  407  licensed in the category of the business conducted for which the
  408  qualifying agent is licensed. If any qualifying agent ceases to
  409  be affiliated with such business organization, the agent shall
  410  so inform the department. In addition, if such qualifying agent
  411  is the only licensed individual affiliated with the business
  412  organization, the business organization shall notify the
  413  department of the termination of the qualifying agent and has
  414  shall have 60 days after from the date of termination of the
  415  qualifying agent’s affiliation with the business organization in
  416  which to employ another qualifying agent. The business
  417  organization may not engage in consulting or contracting until a
  418  qualifying agent is employed, unless the department has granted
  419  a temporary nonrenewable license to the financially responsible
  420  officer, the president, the sole proprietor, a partner, or, in
  421  the case of a limited partnership, the general partner, who
  422  assumes all responsibilities of a primary qualifying agent for
  423  the entity. This temporary license only allows shall only allow
  424  the entity to proceed with incomplete contracts.
  425         (4)
  426         (b) Upon a favorable determination by the department, after
  427  investigation of the financial responsibility, credit, and
  428  business reputation of the qualifying agent and the new business
  429  organization, the department shall issue, without any
  430  examination, a new license in the qualifying agent’s business
  431  organization’s name, and the name of the business organization
  432  qualifying agent shall be noted thereon.
  433         (6) Each qualifying agent shall pay the department an
  434  amount equal to the original fee for licensure of a new business
  435  organization. if the qualifying agent for a business
  436  organization desires to qualify additional business
  437  organizations., The department shall require the agent to
  438  present evidence of supervisory ability and financial
  439  responsibility of each such organization. Allowing a licensee to
  440  qualify more than one business organization must shall be
  441  conditioned upon the licensee showing that the licensee has both
  442  the capacity and intent to adequately supervise each business
  443  organization. The department may shall not limit the number of
  444  business organizations that which the licensee may qualify
  445  except upon the licensee’s failure to provide such information
  446  as is required under this subsection or upon a finding that the
  447  such information or evidence as is supplied is incomplete or
  448  unpersuasive in showing the licensee’s capacity and intent to
  449  comply with the requirements of this subsection. A qualification
  450  for an additional business organization may be revoked or
  451  suspended upon a finding by the department that the licensee has
  452  failed in the licensee’s responsibility to adequately supervise
  453  the operations of the business organization. Failure to
  454  adequately supervise the operations of a business organization
  455  is shall be grounds for denial to qualify additional business
  456  organizations.
  457         Section 22. Subsection (1) of section 469.009, Florida
  458  Statutes, is amended to read:
  459         469.009 License revocation, suspension, and denial of
  460  issuance or renewal.—
  461         (1) The department may revoke, suspend, or deny the
  462  issuance or renewal of a license; reprimand, censure, or place
  463  on probation any contractor, consultant, or financially
  464  responsible officer, or business organization; require financial
  465  restitution to a consumer; impose an administrative fine not to
  466  exceed $5,000 per violation; require continuing education; or
  467  assess costs associated with any investigation and prosecution
  468  if the contractor or consultant, or business organization or
  469  officer or agent thereof, is found guilty of any of the
  470  following acts:
  471         (a) Willfully or deliberately disregarding or violating the
  472  health and safety standards of the Occupational Safety and
  473  Health Act of 1970, the Construction Safety Act, the National
  474  Emission Standards for Asbestos, the Environmental Protection
  475  Agency Asbestos Abatement Projects Worker Protection Rule, the
  476  Florida Statutes or rules promulgated thereunder, or any
  477  ordinance enacted by a political subdivision of this state.
  478         (b) Violating any provision of chapter 455.
  479         (c) Failing in any material respect to comply with the
  480  provisions of this chapter or any rule promulgated hereunder.
  481         (d) Acting in the capacity of an asbestos contractor or
  482  asbestos consultant under any license issued under this chapter
  483  except in the name of the licensee as set forth on the issued
  484  license.
  485         (e) Proceeding on any job without obtaining all applicable
  486  approvals, authorizations, permits, and inspections.
  487         (f) Obtaining a license by fraud or misrepresentation.
  488         (g) Being convicted or found guilty of, or entering a plea
  489  of nolo contendere to, regardless of adjudication, a crime in
  490  any jurisdiction which directly relates to the practice of
  491  asbestos consulting or contracting or the ability to practice
  492  asbestos consulting or contracting.
  493         (h) Knowingly violating any building code, lifesafety code,
  494  or county or municipal ordinance relating to the practice of
  495  asbestos consulting or contracting.
  496         (i) Performing any act which assists a person or entity in
  497  engaging in the prohibited unlicensed practice of asbestos
  498  consulting or contracting, if the licensee knows or has
  499  reasonable grounds to know that the person or entity was
  500  unlicensed.
  501         (j) Committing mismanagement or misconduct in the practice
  502  of contracting that causes financial harm to a customer.
  503  Financial mismanagement or misconduct occurs when:
  504         1. Valid liens have been recorded against the property of a
  505  contractor’s customer for supplies or services ordered by the
  506  contractor for the customer’s job; the contractor has received
  507  funds from the customer to pay for the supplies or services; and
  508  the contractor has not had the liens removed from the property,
  509  by payment or by bond, within 75 days after the date of such
  510  liens;
  511         2. The contractor has abandoned a customer’s job and the
  512  percentage of completion is less than the percentage of the
  513  total contract price paid to the contractor as of the time of
  514  abandonment, unless the contractor is entitled to retain such
  515  funds under the terms of the contract or refunds the excess
  516  funds within 30 days after the date the job is abandoned; or
  517         3. The contractor’s job has been completed, and it is shown
  518  that the customer has had to pay more for the contracted job
  519  than the original contract price, as adjusted for subsequent
  520  change orders, unless such increase in cost was the result of
  521  circumstances beyond the control of the contractor, was the
  522  result of circumstances caused by the customer, or was otherwise
  523  permitted by the terms of the contract between the contractor
  524  and the customer.
  525         (k) Being disciplined by any municipality or county for an
  526  act or violation of this chapter.
  527         (l) Failing in any material respect to comply with the
  528  provisions of this chapter, or violating a rule or lawful order
  529  of the department.
  530         (m) Abandoning an asbestos abatement project in which the
  531  asbestos contractor is engaged or under contract as a
  532  contractor. A project may be presumed abandoned after 20 days if
  533  the contractor terminates the project without just cause and
  534  without proper notification to the owner, including the reason
  535  for termination; if the contractor fails to reasonably secure
  536  the project to safeguard the public while work is stopped; or if
  537  the contractor fails to perform work without just cause for 20
  538  days.
  539         (n) Signing a statement with respect to a project or
  540  contract falsely indicating that the work is bonded; falsely
  541  indicating that payment has been made for all subcontracted
  542  work, labor, and materials which results in a financial loss to
  543  the owner, purchaser, or contractor; or falsely indicating that
  544  workers’ compensation and public liability insurance are
  545  provided.
  546         (o) Committing fraud or deceit in the practice of asbestos
  547  consulting or contracting.
  548         (p) Committing incompetency or misconduct in the practice
  549  of asbestos consulting or contracting.
  550         (q) Committing gross negligence, repeated negligence, or
  551  negligence resulting in a significant danger to life or property
  552  in the practice of asbestos consulting or contracting.
  553         (r) Intimidating, threatening, coercing, or otherwise
  554  discouraging the service of a notice to owner under part I of
  555  chapter 713 or a notice to contractor under chapter 255 or part
  556  I of chapter 713.
  557         (s) Failing to satisfy, within a reasonable time, the terms
  558  of a civil judgment obtained against the licensee, or the
  559  business organization qualified by the licensee, relating to the
  560  practice of the licensee’s profession.
  561  
  562  For the purposes of this subsection, construction is considered
  563  to be commenced when the contract is executed and the contractor
  564  has accepted funds from the customer or lender.
  565         Section 23. Subsection (5) of section 471.015, Florida
  566  Statutes, is amended to read:
  567         471.015 Licensure.—
  568         (5)(a) The board shall deem that an applicant who seeks
  569  licensure by endorsement has passed an examination substantially
  570  equivalent to the fundamentals examination when such applicant
  571  has held a valid professional engineer’s license in another
  572  state for 10 15 years and has had 20 years of continuous
  573  professional-level engineering experience.
  574         (b) The board shall deem that an applicant who seeks
  575  licensure by endorsement has passed an examination substantially
  576  equivalent to the fundamentals examination and the principles
  577  and practices examination when such applicant has held a valid
  578  professional engineer’s license in another state for 15 25 years
  579  and has had 30 years of continuous professional-level
  580  engineering experience.
  581         Section 24. Subsection (7) of section 473.308, Florida
  582  Statutes, is amended to read:
  583         473.308 Licensure.—
  584         (7) The board shall certify as qualified for a license by
  585  endorsement an applicant who:
  586         (a)1. Is not licensed and has not been licensed in another
  587  state or territory and who has met the requirements of this
  588  section for education, work experience, and good moral character
  589  and has passed a national, regional, state, or territorial
  590  licensing examination that is substantially equivalent to the
  591  examination required by s. 473.306; or and
  592         2.Has completed such continuing education courses as the
  593  board deems appropriate, within the limits for each applicable
  594  2-year period as set forth in s. 473.312, but at least such
  595  courses as are equivalent to the continuing education
  596  requirements for a Florida certified public accountant licensed
  597  in this state during the 2 years immediately preceding her or
  598  his application for licensure by endorsement; or
  599         (b)1.a. Holds a valid license to practice public accounting
  600  issued by another state or territory of the United States, if
  601  the criteria for issuance of such license were substantially
  602  equivalent to the licensure criteria that existed in this state
  603  at the time the license was issued;
  604         2.b. Holds a valid license to practice public accounting
  605  issued by another state or territory of the United States but
  606  the criteria for issuance of such license did not meet the
  607  requirements of sub-subparagraph a.; has met the requirements of
  608  this section for education, work experience, and good moral
  609  character; and has passed a national, regional, state, or
  610  territorial licensing examination that is substantially
  611  equivalent to the examination required by s. 473.306; or
  612         3.c. Holds a valid license to practice public accounting
  613  issued by another state or territory of the United States for at
  614  least 10 years before the date of application; has passed a
  615  national, regional, state, or territorial licensing examination
  616  that is substantially equivalent to the examination required by
  617  s. 473.306; and has met the requirements of this section for
  618  good moral character; and
  619         2.Has completed continuing education courses that are
  620  equivalent to the continuing education requirements for a
  621  Florida certified public accountant licensed in this state
  622  during the 2 years immediately preceding her or his application
  623  for licensure by endorsement.
  624         Section 25. Subsection (6) of section 474.202, Florida
  625  Statutes, is amended to read:
  626         474.202 Definitions.—As used in this chapter:
  627         (6) “Limited-service veterinary medical practice” means
  628  offering or providing veterinary services at any location that
  629  has a primary purpose other than that of providing veterinary
  630  medical service at a permanent or mobile establishment permitted
  631  by the board; provides veterinary medical services for privately
  632  owned animals that do not reside at that location; operates for
  633  a limited time; and provides limited types of veterinary medical
  634  services, including vaccinations or immunizations against
  635  disease, preventative procedures for parasitic control, and
  636  microchipping.
  637         Section 26. Paragraph (b) of subsection (2) of section
  638  474.207, Florida Statutes, is amended to read:
  639         474.207 Licensure by examination.—
  640         (2) The department shall license each applicant who the
  641  board certifies has:
  642         (b)1. Graduated from a college of veterinary medicine
  643  accredited by the American Veterinary Medical Association
  644  Council on Education; or
  645         2. Graduated from a college of veterinary medicine listed
  646  in the American Veterinary Medical Association Roster of
  647  Veterinary Colleges of the World and obtained a certificate from
  648  the Education Commission for Foreign Veterinary Graduates or the
  649  Program for the Assessment of Veterinary Education Equivalence.
  650  
  651  The department shall not issue a license to any applicant who is
  652  under investigation in any state or territory of the United
  653  States or in the District of Columbia for an act which would
  654  constitute a violation of this chapter until the investigation
  655  is complete and disciplinary proceedings have been terminated,
  656  at which time the provisions of s. 474.214 shall apply.
  657         Section 27. Subsection (1) of section 474.217, Florida
  658  Statutes, is amended to read:
  659         474.217 Licensure by endorsement.—
  660         (1) The department shall issue a license by endorsement to
  661  any applicant who, upon applying to the department and remitting
  662  a fee set by the board, demonstrates to the board that she or
  663  he:
  664         (a) Has demonstrated, in a manner designated by rule of the
  665  board, knowledge of the laws and rules governing the practice of
  666  veterinary medicine in this state; and
  667         (b)1. Either Holds, and has held for the 3 years
  668  immediately preceding the application for licensure, a valid,
  669  active license to practice veterinary medicine in another state
  670  of the United States, the District of Columbia, or a territory
  671  of the United States, provided that the applicant has
  672  successfully completed a state, regional, national, or other
  673  examination that is equivalent to or more stringent than the
  674  examination required by the board requirements for licensure in
  675  the issuing state, district, or territory are equivalent to or
  676  more stringent than the requirements of this chapter; or
  677         2. Meets the qualifications of s. 474.207(2)(b) and has
  678  successfully completed a state, regional, national, or other
  679  examination which is equivalent to or more stringent than the
  680  examination given by the department and has passed the board’s
  681  clinical competency examination or another clinical competency
  682  examination specified by rule of the board.
  683         Section 28. Subsection (2) of section 476.114, Florida
  684  Statutes, is amended to read:
  685         476.114 Examination; prerequisites.—
  686         (2) An applicant shall be eligible for licensure by
  687  examination to practice barbering if the applicant:
  688         (a) Is at least 16 years of age;
  689         (b) Pays the required application fee; and
  690         (c)1. Holds an active valid license to practice barbering
  691  in another state, has held the license for at least 1 year, and
  692  does not qualify for licensure by endorsement as provided for in
  693  s. 476.144(5); or
  694         2. Has received a minimum of 900 1,200 hours of training in
  695  sanitation, safety, and laws and rules, as established by the
  696  board, which shall include, but shall not be limited to, the
  697  equivalent of completion of services directly related to the
  698  practice of barbering at one of the following:
  699         a. A school of barbering licensed pursuant to chapter 1005;
  700         b. A barbering program within the public school system; or
  701         c. A government-operated barbering program in this state.
  702  
  703  The board shall establish by rule procedures whereby the school
  704  or program may certify that a person is qualified to take the
  705  required examination after the completion of a minimum of 600
  706  1,000 actual school hours. If the person passes the examination,
  707  she or he shall have satisfied this requirement; but if the
  708  person fails the examination, she or he shall not be qualified
  709  to take the examination again until the completion of the full
  710  requirements provided by this section.
  711         Section 29. Subsection (5) of section 476.144, Florida
  712  Statutes, is amended to read:
  713         476.144 Licensure.—
  714         (5) The board shall certify as qualified for licensure by
  715  endorsement as a barber in this state an applicant who holds a
  716  current active license to practice barbering in another state.
  717  The board shall adopt rules specifying procedures for the
  718  licensure by endorsement of practitioners desiring to be
  719  licensed in this state who hold a current active license in
  720  another state or country and who have met qualifications
  721  substantially similar to, equivalent to, or greater than the
  722  qualifications required of applicants from this state.
  723         Section 30. Subsection (9) of section 477.013, Florida
  724  Statutes, is amended to read:
  725         477.013 Definitions.—As used in this chapter:
  726         (9) “Hair braiding” means the weaving or interweaving of
  727  natural human hair or commercial hair, including the use of hair
  728  extensions or wefts, for compensation without cutting, coloring,
  729  permanent waving, relaxing, removing, or chemical treatment and
  730  does not include the use of hair extensions or wefts.
  731         Section 31. Section 477.0132, Florida Statutes, is
  732  repealed.
  733         Section 32. Subsections (7) through (11) are added to
  734  section 477.0135, Florida Statutes, to read:
  735         477.0135 Exemptions.—
  736         (7)A license or registration is not required for a person
  737  whose occupation or practice is confined solely to hair braiding
  738  as defined in s. 477.013(9).
  739         (8)A license or registration is not required for a person
  740  whose occupation or practice is confined solely to hair wrapping
  741  as defined in s. 477.013(10).
  742         (9)A license or registration is not required for a person
  743  whose occupation or practice is confined solely to body wrapping
  744  as defined in s. 477.013(12).
  745         (10)A license or registration is not required for a person
  746  whose occupation or practice is confined solely to applying
  747  polish to fingernails and toenails.
  748         (11)A license or registration is not required for a person
  749  whose occupation or practice is confined solely to makeup
  750  application.
  751         Section 33. Subsections (6) and (7) of section 477.019,
  752  Florida Statutes, are amended to read:
  753         477.019 Cosmetologists; qualifications; licensure;
  754  supervised practice; license renewal; endorsement; continuing
  755  education.—
  756         (6) The board shall certify as qualified for licensure by
  757  endorsement as a cosmetologist in this state an applicant who
  758  holds a current active license to practice cosmetology in
  759  another state and who has completed a 2-hour course approved by
  760  the board on human immunodeficiency virus and acquired immune
  761  deficiency syndrome. The board may not require proof of
  762  educational hours if the license was issued in a state that
  763  requires 1,200 or more hours of prelicensure education and
  764  passage of a written examination. This subsection does not apply
  765  to applicants who received their license in another state
  766  through an apprenticeship program.
  767         (7)(a) The board shall prescribe by rule continuing
  768  education requirements intended to ensure protection of the
  769  public through updated training of licensees and registered
  770  specialists, not to exceed 10 16 hours biennially, as a
  771  condition for renewal of a license or registration as a
  772  specialist under this chapter. Continuing education courses
  773  shall include, but not be limited to, the following subjects as
  774  they relate to the practice of cosmetology: human
  775  immunodeficiency virus and acquired immune deficiency syndrome;
  776  Occupational Safety and Health Administration regulations;
  777  workers’ compensation issues; state and federal laws and rules
  778  as they pertain to cosmetologists, cosmetology, salons,
  779  specialists, specialty salons, and booth renters; chemical
  780  makeup as it pertains to hair, skin, and nails; and
  781  environmental issues. Courses given at cosmetology conferences
  782  may be counted toward the number of continuing education hours
  783  required if approved by the board.
  784         (b) Any person whose occupation or practice is confined
  785  solely to hair braiding, hair wrapping, or body wrapping is
  786  exempt from the continuing education requirements of this
  787  subsection.
  788         (c) The board may, by rule, require any licensee in
  789  violation of a continuing education requirement to take a
  790  refresher course or refresher course and examination in addition
  791  to any other penalty. The number of hours for the refresher
  792  course may not exceed 48 hours.
  793         Section 34. Subsection (1) of section 477.0201, Florida
  794  Statutes, is amended to read:
  795         477.0201 Specialty registration; qualifications;
  796  registration renewal; endorsement.—
  797         (1) Any person is qualified for registration as a
  798  specialist in any one or more of the specialty practice
  799  practices within the practice of cosmetology under this chapter
  800  who:
  801         (a) Is at least 16 years of age or has received a high
  802  school diploma.
  803         (b) Has received a certificate of completion for: in a
  804         1.One hundred and fifty hours of training, as established
  805  by the board, which shall focus primarily on sanitation and
  806  safety, to practice specialties as defined in s. 477.013(6)(a)
  807  and (b); specialty pursuant to s. 477.013(6)
  808         2.One hundred and sixty five hours of training, as
  809  established by the board, which shall focus primarily on
  810  sanitation and safety, to practice the specialty as defined in
  811  s. 477.013(6)(c); or
  812         3.Three hundred hours of training, as established by the
  813  board, which shall focus primarily on sanitation and safety, to
  814  practice the specialties as defined in s. 477.013(6)(a)-(c).
  815         (c)The certificate of completion specified in paragraph
  816  (b) must be from one of the following:
  817         1. A school licensed pursuant to s. 477.023.
  818         2. A school licensed pursuant to chapter 1005 or the
  819  equivalent licensing authority of another state.
  820         3. A specialty program within the public school system.
  821         4. A specialty division within the Cosmetology Division of
  822  the Florida School for the Deaf and the Blind, provided the
  823  training programs comply with minimum curriculum requirements
  824  established by the board.
  825         Section 35. Paragraph (f) of subsection (1) of section
  826  477.026, Florida Statutes, is amended to read:
  827         477.026 Fees; disposition.—
  828         (1) The board shall set fees according to the following
  829  schedule:
  830         (f)For hair braiders, hair wrappers, and body wrappers,
  831  fees for registration shall not exceed $25.
  832         Section 36. Subsection (4) of section 477.0263, Florida
  833  Statutes, is amended, and subsection (5) is added to that
  834  section, to read:
  835         477.0263 Cosmetology services to be performed in licensed
  836  salon; exceptions.—
  837         (4) Pursuant to rules adopted by the board, any cosmetology
  838  or specialty service may be performed in a location other than a
  839  licensed salon when the service is performed in connection with
  840  a special event and is performed by a person who is employed by
  841  a licensed salon and who holds the proper license or specialty
  842  registration. An appointment for the performance of any such
  843  service in a location other than a licensed salon must be made
  844  through a licensed salon.
  845         (5)Hair shampooing, hair cutting, hair arranging, nail
  846  polish removal, nail filing, nail buffing, and nail cleansing
  847  may be performed in a location other than a licensed salon when
  848  the service is performed by a person who holds the proper
  849  license.
  850         Section 37. Paragraph (f) of subsection (1) of section
  851  477.0265, Florida Statutes, is amended to read:
  852         477.0265 Prohibited acts.—
  853         (1) It is unlawful for any person to:
  854         (f) Advertise or imply that skin care services or body
  855  wrapping, as performed under this chapter, have any relationship
  856  to the practice of massage therapy as defined in s. 480.033(3),
  857  except those practices or activities defined in s. 477.013.
  858         Section 38. Paragraph (a) of subsection (1) of section
  859  477.029, Florida Statutes, is amended to read:
  860         477.029 Penalty.—
  861         (1) It is unlawful for any person to:
  862         (a) Hold himself or herself out as a cosmetologist or,
  863  specialist, hair wrapper, hair braider, or body wrapper unless
  864  duly licensed or registered, or otherwise authorized, as
  865  provided in this chapter.
  866         Section 39. Section 481.201, Florida Statutes, is amended
  867  to read:
  868         481.201 Purpose.—The primary legislative purpose for
  869  enacting this part is to ensure that every architect practicing
  870  in this state meets minimum requirements for safe practice. It
  871  is the legislative intent that architects who fall below minimum
  872  competency or who otherwise present a danger to the public shall
  873  be prohibited from practicing in this state. The Legislature
  874  further finds that it is in the interest of the public to limit
  875  the practice of interior design to interior designers or
  876  architects who have the design education and training required
  877  by this part or to persons who are exempted from the provisions
  878  of this part.
  879         Section 40. Section 481.203, Florida Statutes, is amended
  880  to read:
  881         481.203 Definitions.—As used in this part, the term:
  882         (3)(1) “Board” means the Board of Architecture and Interior
  883  Design.
  884         (7)(2) “Department” means the Department of Business and
  885  Professional Regulation.
  886         (1)(3) “Architect” or “registered architect” means a
  887  natural person who is licensed under this part to engage in the
  888  practice of architecture.
  889         (5)(4) “Certificate of registration” means a license issued
  890  by the department to a natural person to engage in the practice
  891  of architecture or interior design.
  892         (4)(5)“Business organization” means a partnership, a
  893  limited liability company, a corporation, or an individual
  894  operating under a fictitious name “Certificate of authorization”
  895  means a certificate issued by the department to a corporation or
  896  partnership to practice architecture or interior design.
  897         (2)(6) “Architecture” means the rendering or offering to
  898  render services in connection with the design and construction
  899  of a structure or group of structures which have as their
  900  principal purpose human habitation or use, and the utilization
  901  of space within and surrounding such structures. These services
  902  include planning, providing preliminary study designs, drawings
  903  and specifications, job-site inspection, and administration of
  904  construction contracts.
  905         (15)(7) “Townhouse” is a single-family dwelling unit not
  906  exceeding three stories in height which is constructed in a
  907  series or group of attached units with property lines separating
  908  such units. Each townhouse shall be considered a separate
  909  building and shall be separated from adjoining townhouses by the
  910  use of separate exterior walls meeting the requirements for zero
  911  clearance from property lines as required by the type of
  912  construction and fire protection requirements; or shall be
  913  separated by a party wall; or may be separated by a single wall
  914  meeting the following requirements:
  915         (a) Such wall shall provide not less than 2 hours of fire
  916  resistance. Plumbing, piping, ducts, or electrical or other
  917  building services shall not be installed within or through the
  918  2-hour wall unless such materials and methods of penetration
  919  have been tested in accordance with the Standard Building Code.
  920         (b) Such wall shall extend from the foundation to the
  921  underside of the roof sheathing, and the underside of the roof
  922  shall have at least 1 hour of fire resistance for a width not
  923  less than 4 feet on each side of the wall.
  924         (c) Each dwelling unit sharing such wall shall be designed
  925  and constructed to maintain its structural integrity independent
  926  of the unit on the opposite side of the wall.
  927         (10)(8) “Interior design” means designs, consultations,
  928  studies, drawings, specifications, and administration of design
  929  construction contracts relating to nonstructural interior
  930  elements of a building or structure. “Interior design” includes,
  931  but is not limited to, reflected ceiling plans, space planning,
  932  furnishings, and the fabrication of nonstructural elements
  933  within and surrounding interior spaces of buildings. “Interior
  934  design” specifically excludes the design of or the
  935  responsibility for architectural and engineering work, except
  936  for specification of fixtures and their location within interior
  937  spaces. As used in this subsection, “architectural and
  938  engineering interior construction relating to the building
  939  systems” includes, but is not limited to, construction of
  940  structural, mechanical, plumbing, heating, air-conditioning,
  941  ventilating, electrical, or vertical transportation systems, or
  942  construction which materially affects lifesafety systems
  943  pertaining to firesafety protection such as fire-rated
  944  separations between interior spaces, fire-rated vertical shafts
  945  in multistory structures, fire-rated protection of structural
  946  elements, smoke evacuation and compartmentalization, emergency
  947  ingress or egress systems, and emergency alarm systems.
  948         (9)“Registered interior designer” or “interior designer”
  949  means a natural person who is licensed under this part.
  950         (11)(10) “Nonstructural element” means an element which
  951  does not require structural bracing and which is something other
  952  than a load-bearing wall, load-bearing column, or other load
  953  bearing element of a building or structure which is essential to
  954  the structural integrity of the building.
  955         (12)(11) “Reflected ceiling plan” means a ceiling design
  956  plan which is laid out as if it were projected downward and
  957  which may include lighting and other elements.
  958         (14)(12) “Space planning” means the analysis, programming,
  959  or design of spatial requirements, including preliminary space
  960  layouts and final planning.
  961         (6)(13) “Common area” means an area that is held out for
  962  use by all tenants or owners in a multiple-unit dwelling,
  963  including, but not limited to, a lobby, elevator, hallway,
  964  laundry room, clubhouse, or swimming pool.
  965         (8)(14) “Diversified interior design experience” means
  966  experience which substantially encompasses the various elements
  967  of interior design services set forth under the definition of
  968  “interior design” in subsection (10)(8).
  969         (9)(15) “Interior decorator services” includes the
  970  selection or assistance in selection of surface materials,
  971  window treatments, wallcoverings, paint, floor coverings,
  972  surface-mounted lighting, surface-mounted fixtures, and loose
  973  furnishings not subject to regulation under applicable building
  974  codes.
  975         (13)(16) “Responsible supervising control” means the
  976  exercise of direct personal supervision and control throughout
  977  the preparation of documents, instruments of service, or any
  978  other work requiring the seal and signature of a licensee under
  979  this part.
  980         Section 41. Subsection (1) and paragraph (a) of subsection
  981  (3) of section 481.205, Florida Statutes, are amended to read:
  982         481.205 Board of Architecture and Interior Design.—
  983         (1) The Board of Architecture and Interior Design is
  984  created within the Department of Business and Professional
  985  Regulation. The board shall consist of seven 11 members. Five
  986  members must be registered architects who have been engaged in
  987  the practice of architecture for at least 5 years; three members
  988  must be registered interior designers who have been offering
  989  interior design services for at least 5 years and who are not
  990  also registered architects; and two three members must be
  991  laypersons who are not, and have never been, architects,
  992  interior designers, or members of any closely related profession
  993  or occupation. At least one member of the board must be 60 years
  994  of age or older.
  995         (3)(a) Notwithstanding the provisions of ss. 455.225,
  996  455.228, and 455.32, the duties and authority of the department
  997  to receive complaints and investigate and discipline persons
  998  licensed under this part, including the ability to determine
  999  legal sufficiency and probable cause; to initiate proceedings
 1000  and issue final orders for summary suspension or restriction of
 1001  a license pursuant to s. 120.60(6); to issue notices of
 1002  noncompliance, notices to cease and desist, subpoenas, and
 1003  citations; to retain legal counsel, investigators, or
 1004  prosecutorial staff in connection with the licensed practice of
 1005  architecture and interior design; and to investigate and deter
 1006  the unlicensed practice of architecture and interior design as
 1007  provided in s. 455.228 are delegated to the board. All
 1008  complaints and any information obtained pursuant to an
 1009  investigation authorized by the board are confidential and
 1010  exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
 1011         Section 42. Section 481.207, Florida Statutes, is amended
 1012  to read:
 1013         481.207 Fees.—The board, by rule, may establish separate
 1014  fees for architects and interior designers, to be paid for
 1015  applications, examination, reexamination, licensing and renewal,
 1016  delinquency, reinstatement, and recordmaking and recordkeeping.
 1017  The examination fee shall be in an amount that covers the cost
 1018  of obtaining and administering the examination and shall be
 1019  refunded if the applicant is found ineligible to sit for the
 1020  examination. The application fee is nonrefundable. The fee for
 1021  initial application and examination for architects and interior
 1022  designers may not exceed $775 plus the actual per applicant cost
 1023  to the department for purchase of the examination from the
 1024  National Council of Architectural Registration Boards or the
 1025  National Council of Interior Design Qualifications,
 1026  respectively, or similar national organizations. The biennial
 1027  renewal fee for architects may not exceed $200. The biennial
 1028  renewal fee for interior designers may not exceed $500. The
 1029  delinquency fee may not exceed the biennial renewal fee
 1030  established by the board for an active license. The board shall
 1031  establish fees that are adequate to ensure the continued
 1032  operation of the board and to fund the proportionate expenses
 1033  incurred by the department which are allocated to the regulation
 1034  of architects and interior designers. Fees shall be based on
 1035  department estimates of the revenue required to implement this
 1036  part and the provisions of law with respect to the regulation of
 1037  architects and interior designers.
 1038         Section 43. Section 481.209, Florida Statutes, is amended
 1039  to read:
 1040         481.209 Examinations.—
 1041         (1) A person desiring to be licensed as a registered
 1042  architect by initial examination shall apply to the department,
 1043  complete the application form, and remit a nonrefundable
 1044  application fee. The department shall license any applicant who
 1045  the board certifies:
 1046         (a) has passed the licensure examination prescribed by
 1047  board rule; and
 1048         (b) is a graduate of a school or college of architecture
 1049  with a program accredited by the National Architectural
 1050  Accreditation Board.
 1051         (2)A person desiring to be licensed as a registered
 1052  interior designer shall apply to the department for licensure.
 1053  The department shall administer the licensure examination for
 1054  interior designers to each applicant who has completed the
 1055  application form and remitted the application and examination
 1056  fees specified in s. 481.207 and who the board certifies:
 1057         (a)Is a graduate from an interior design program of 5
 1058  years or more and has completed 1 year of diversified interior
 1059  design experience;
 1060         (b)Is a graduate from an interior design program of 4
 1061  years or more and has completed 2 years of diversified interior
 1062  design experience;
 1063         (c)Has completed at least 3 years in an interior design
 1064  curriculum and has completed 3 years of diversified interior
 1065  design experience; or
 1066         (d)Is a graduate from an interior design program of at
 1067  least 2 years and has completed 4 years of diversified interior
 1068  design experience.
 1069  
 1070  Subsequent to October 1, 2000, for the purpose of having the
 1071  educational qualification required under this subsection
 1072  accepted by the board, the applicant must complete his or her
 1073  education at a program, school, or college of interior design
 1074  whose curriculum has been approved by the board as of the time
 1075  of completion. Subsequent to October 1, 2003, all of the
 1076  required amount of educational credits shall have been obtained
 1077  in a program, school, or college of interior design whose
 1078  curriculum has been approved by the board, as of the time each
 1079  educational credit is gained. The board shall adopt rules
 1080  providing for the review and approval of programs, schools, and
 1081  colleges of interior design and courses of interior design study
 1082  based on a review and inspection by the board of the curriculum
 1083  of programs, schools, and colleges of interior design in the
 1084  United States, including those programs, schools, and colleges
 1085  accredited by the Foundation for Interior Design Education
 1086  Research. The board shall adopt rules providing for the review
 1087  and approval of diversified interior design experience required
 1088  by this subsection.
 1089         Section 44. Subsections (1) through (4) of section 481.213,
 1090  Florida Statutes, are amended to read:
 1091         481.213 Licensure.—
 1092         (1) The department shall license any applicant who the
 1093  board certifies is qualified for licensure and who has paid the
 1094  initial licensure fee. Licensure as an architect under this
 1095  section shall be deemed to include all the rights and privileges
 1096  of licensure as an interior designer under this section.
 1097         (2) The board shall certify for licensure by examination
 1098  any applicant who passes the prescribed licensure examination
 1099  and satisfies the requirements of ss. 481.209 and 481.211, for
 1100  architects, or the requirements of s. 481.209, for interior
 1101  designers.
 1102         (3) The board shall certify as qualified for a license by
 1103  endorsement as an architect or as an interior designer an
 1104  applicant who:
 1105         (a) Qualifies to take the prescribed licensure examination,
 1106  and has passed the prescribed licensure examination or a
 1107  substantially equivalent examination in another jurisdiction, as
 1108  set forth in s. 481.209 for architects or interior designers, as
 1109  applicable, and has satisfied the internship requirements set
 1110  forth in s. 481.211 for architects;
 1111         (b) Holds a valid license to practice architecture or
 1112  interior design issued by another jurisdiction of the United
 1113  States, if the criteria for issuance of such license were
 1114  substantially equivalent to the licensure criteria that existed
 1115  in this state at the time the license was issued; provided,
 1116  however, that an applicant who has been licensed for use of the
 1117  title “interior design” rather than licensed to practice
 1118  interior design shall not qualify hereunder; or
 1119         (c) Has passed the prescribed licensure examination and
 1120  holds a valid certificate issued by the National Council of
 1121  Architectural Registration Boards, and holds a valid license to
 1122  practice architecture issued by another state or jurisdiction of
 1123  the United States.
 1124  
 1125  An architect who is licensed in another state who seeks
 1126  qualification for license by endorsement under this subsection
 1127  must complete a class approved by the board on the Florida
 1128  Building Code.
 1129         (4) The board may refuse to certify any applicant who has
 1130  violated any of the provisions of s. 481.223, or s. 481.225, or
 1131  s. 481.2251, as applicable.
 1132         Section 45. Section 481.2131, Florida Statutes, is amended
 1133  to read:
 1134         481.2131 Interior design; practice requirements; disclosure
 1135  of compensation for professional services.—
 1136         (1) A registered interior designer is authorized to perform
 1137  “interior design” as defined in s. 481.203. Interior design
 1138  documents prepared by a registered interior designer shall
 1139  contain a statement that the document is not an architectural or
 1140  engineering study, drawing, specification, or design and is not
 1141  to be used for construction of any load-bearing columns, load
 1142  bearing framing or walls of structures, or issuance of any
 1143  building permit, except as otherwise provided by law. Interior
 1144  design documents that are prepared and sealed by an a registered
 1145  interior designer must may, if required by a permitting body, be
 1146  accepted by the permitting body be submitted for the issuance of
 1147  a building permit for interior construction excluding design of
 1148  any structural, mechanical, plumbing, heating, air-conditioning,
 1149  ventilating, electrical, or vertical transportation systems or
 1150  that materially affect lifesafety systems pertaining to
 1151  firesafety protection such as fire-rated separations between
 1152  interior spaces, fire-rated vertical shafts in multistory
 1153  structures, fire-rated protection of structural elements, smoke
 1154  evacuation and compartmentalization, emergency ingress or egress
 1155  systems, and emergency alarm systems. Interior design documents
 1156  submitted for the issuance of a building permit by an individual
 1157  performing interior design services who is not a licensed
 1158  architect must include written proof that such individual has
 1159  successfully passed the qualification examination prescribed by
 1160  either the National Council for Interior Design Qualification or
 1161  the California Council for Interior Design Certification. All
 1162  drawings, plans, specifications, or reports prepared or issued
 1163  by the interior designer and filed for public record shall bear
 1164  the signature of the interior designer who prepared or approved
 1165  the document and the date on which they were signed. The
 1166  signature and date shall be evidence of the authenticity of that
 1167  to which they are affixed. Final plans, specifications, or
 1168  reports prepared or issued by an interior designer may be
 1169  transmitted electronically and may be electronically signed by
 1170  the interior designer.
 1171         (2) A license or registration is not required for a person
 1172  whose occupation or practice is confined to interior design or
 1173  interior decorator services An interior designer shall, before
 1174  entering into a contract, verbal or written, clearly determine
 1175  the scope and nature of the project and the method or methods of
 1176  compensation. The interior designer may offer professional
 1177  services to the client as a consultant, specifier, or supplier
 1178  on the basis of a fee, percentage, or markup. The interior
 1179  designer shall have the responsibility of fully disclosing to
 1180  the client the manner in which all compensation is to be paid.
 1181  Unless the client knows and agrees, the interior designer shall
 1182  not accept any form of compensation from a supplier of goods and
 1183  services in cash or in kind.
 1184         Section 46. Subsections (3) and (5) of section 481.215,
 1185  Florida Statutes, are amended to read:
 1186         481.215 Renewal of license.—
 1187         (3) A No license renewal may not shall be issued to an
 1188  architect or an interior designer by the department until the
 1189  licensee submits proof satisfactory to the department that,
 1190  during the 2 years before prior to application for renewal, the
 1191  licensee participated per biennium in not less than 20 hours of
 1192  at least 50 minutes each per biennium of continuing education
 1193  approved by the board. The board shall approve only continuing
 1194  education that builds upon the basic knowledge of architecture
 1195  or interior design. The board may make exception from the
 1196  requirements of continuing education in emergency or hardship
 1197  cases.
 1198         (5)The board shall require, by rule adopted pursuant to
 1199  ss. 120.536(1) and 120.54, a specified number of hours in
 1200  specialized or advanced courses, approved by the Florida
 1201  Building Commission, on any portion of the Florida Building
 1202  Code, adopted pursuant to part IV of chapter 553, relating to
 1203  the licensee’s respective area of practice.
 1204         Section 47. Subsection (1) of section 481.217, Florida
 1205  Statutes, is amended to read:
 1206         481.217 Inactive status.—
 1207         (1) The board may prescribe by rule continuing education
 1208  requirements as a condition of reactivating a license. The rules
 1209  may not require more than one renewal cycle of continuing
 1210  education to reactivate a license for a registered architect or
 1211  interior designer. For interior design, the board may approve
 1212  only continuing education that builds upon the basic knowledge
 1213  of interior design.
 1214         Section 48. Section 481.219, Florida Statutes, is amended
 1215  to read:
 1216         481.219 Qualification of business organizations
 1217  certification of partnerships, limited liability companies, and
 1218  corporations.—
 1219         (1) A licensee may The practice of or the offer to practice
 1220  architecture or interior design by licensees through a qualified
 1221  business organization that offers corporation, limited liability
 1222  company, or partnership offering architectural or interior
 1223  design services to the public, or by a corporation, limited
 1224  liability company, or partnership offering architectural or
 1225  interior design services to the public through licensees under
 1226  this part as agents, employees, officers, or partners, is
 1227  permitted, subject to the provisions of this section.
 1228         (2) If a licensee or an applicant proposes to engage in the
 1229  practice of architecture as a business organization, the
 1230  licensee or applicant shall qualify the business organization
 1231  upon approval of the board For the purposes of this section, a
 1232  certificate of authorization shall be required for a
 1233  corporation, limited liability company, partnership, or person
 1234  practicing under a fictitious name, offering architectural
 1235  services to the public jointly or separately. However, when an
 1236  individual is practicing architecture in her or his own name,
 1237  she or he shall not be required to be certified under this
 1238  section. Certification under this subsection to offer
 1239  architectural services shall include all the rights and
 1240  privileges of certification under subsection (3) to offer
 1241  interior design services.
 1242         (3)(a)A business organization may not engage in the
 1243  practice of architecture unless its qualifying agent is a
 1244  registered architect under this part. A qualifying agent who
 1245  terminates an affiliation with a qualified business organization
 1246  shall immediately notify the department of such termination. If
 1247  such qualifying agent is the only qualifying agent for that
 1248  business organization, the business organization must be
 1249  qualified by another qualifying agent within 60 days after the
 1250  termination. Except as provided in paragraph (b), the business
 1251  organization may not engage in the practice of architecture
 1252  until it is qualified by another qualifying agent.
 1253         (b)In the event a qualifying agent ceases employment with
 1254  a qualified business organization, the executive director or the
 1255  chair of the board may authorize another registered architect
 1256  employed by the business organization to temporarily serve as
 1257  its qualifying agent for a period of no more than 60 days. The
 1258  business organization is not authorized to operate beyond such
 1259  period under this chapter absent replacement of the qualifying
 1260  agent who has ceased employment.
 1261         (c)A qualifying agent shall notify the department in
 1262  writing before engaging in the practice of architecture in her
 1263  or his own name or in affiliation with a different business
 1264  organization, and she or he or such business organization shall
 1265  supply the same information to the department as required of
 1266  applicants under this part.
 1267         (3)For the purposes of this section, a certificate of
 1268  authorization shall be required for a corporation, limited
 1269  liability company, partnership, or person operating under a
 1270  fictitious name, offering interior design services to the public
 1271  jointly or separately. However, when an individual is practicing
 1272  interior design in her or his own name, she or he shall not be
 1273  required to be certified under this section.
 1274         (4) All final construction documents and instruments of
 1275  service which include drawings, specifications, plans, reports,
 1276  or other papers or documents that involve involving the practice
 1277  of architecture which are prepared or approved for the use of
 1278  the business organization corporation, limited liability
 1279  company, or partnership and filed for public record within the
 1280  state must shall bear the signature and seal of the licensee who
 1281  prepared or approved them and the date on which they were
 1282  sealed.
 1283         (5) All drawings, specifications, plans, reports, or other
 1284  papers or documents prepared or approved for the use of the
 1285  corporation, limited liability company, or partnership by an
 1286  interior designer in her or his professional capacity and filed
 1287  for public record within the state shall bear the signature and
 1288  seal of the licensee who prepared or approved them and the date
 1289  on which they were sealed.
 1290         (6)The department shall issue a certificate of
 1291  authorization to any applicant who the board certifies as
 1292  qualified for a certificate of authorization and who has paid
 1293  the fee set in s. 481.207.
 1294         (7) The board shall allow a licensee or certify an
 1295  applicant to qualify one or more business organizations as
 1296  qualified for a certificate of authorization to offer
 1297  architectural or interior design services, or to use a
 1298  fictitious name to offer such services, if provided that:
 1299         (a) one or more of the principal officers of the
 1300  corporation or limited liability company, or one or more
 1301  partners of the partnership, and all personnel of the
 1302  corporation, limited liability company, or partnership who act
 1303  in its behalf in this state as architects, are registered as
 1304  provided by this part; or
 1305         (b)One or more of the principal officers of the
 1306  corporation or one or more partners of the partnership, and all
 1307  personnel of the corporation, limited liability company, or
 1308  partnership who act in its behalf in this state as interior
 1309  designers, are registered as provided by this part.
 1310         (8)The department shall adopt rules establishing a
 1311  procedure for the biennial renewal of certificates of
 1312  authorization.
 1313         (9)The department shall renew a certificate of
 1314  authorization upon receipt of the renewal application and
 1315  biennial renewal fee.
 1316         (6)(10) Each qualifying agent who qualifies a business
 1317  organization, partnership, limited liability company, or and
 1318  corporation certified under this section shall notify the
 1319  department within 30 days after of any change in the information
 1320  contained in the application upon which the qualification
 1321  certification is based. Any registered architect or interior
 1322  designer who qualifies the business organization shall ensure
 1323  corporation, limited liability company, or partnership as
 1324  provided in subsection (7) shall be responsible for ensuring
 1325  responsible supervising control of projects of the business
 1326  organization entity and shall notify the department of the upon
 1327  termination of her or his employment with a business
 1328  organization qualified partnership, limited liability company,
 1329  or corporation certified under this section shall notify the
 1330  department of the termination within 30 days after such
 1331  termination.
 1332         (7)(11)A business organization is not No corporation,
 1333  limited liability company, or partnership shall be relieved of
 1334  responsibility for the conduct or acts of its agents, employees,
 1335  or officers by reason of its compliance with this section.
 1336  However, except as provided in s. 558.0035, the architect who
 1337  signs and seals the construction documents and instruments of
 1338  service is shall be liable for the professional services
 1339  performed, and the interior designer who signs and seals the
 1340  interior design drawings, plans, or specifications shall be
 1341  liable for the professional services performed.
 1342         (12)Disciplinary action against a corporation, limited
 1343  liability company, or partnership shall be administered in the
 1344  same manner and on the same grounds as disciplinary action
 1345  against a registered architect or interior designer,
 1346  respectively.
 1347         (8)(13)Nothing in This section may not shall be construed
 1348  to mean that a certificate of registration to practice
 1349  architecture must or interior design shall be held by a business
 1350  organization corporation, limited liability company, or
 1351  partnership. Nothing in This section does not prohibit a
 1352  business organization from offering prohibits corporations,
 1353  limited liability companies, and partnerships from joining
 1354  together to offer architectural, engineering, interior design,
 1355  surveying and mapping, and landscape architectural services, or
 1356  any combination of such services, to the public if the business
 1357  organization, provided that each corporation, limited liability
 1358  company, or partnership otherwise meets the requirements of law.
 1359         (14)Corporations, limited liability companies, or
 1360  partnerships holding a valid certificate of authorization to
 1361  practice architecture shall be permitted to use in their title
 1362  the term “interior designer” or “registered interior designer.”
 1363         Section 49. Present subsections (4), (6), (8), (10), (11),
 1364  and (12) of section 481.221, Florida Statutes, are redesignated
 1365  as subsections (3), (4), (5), (6), (7), and (8), respectively,
 1366  and present subsections (3), (5), (7), (9), (10), (11), and (12)
 1367  of that section are amended, to read:
 1368         481.221 Seals; display of certificate number.—
 1369         (3)The board shall adopt a rule prescribing the distinctly
 1370  different seals to be used by registered interior designers
 1371  holding valid certificates of registration. Each registered
 1372  interior designer shall obtain a seal as prescribed by the
 1373  board, and all drawings, plans, specifications, or reports
 1374  prepared or issued by the registered interior designer and being
 1375  filed for public record shall bear the signature and seal of the
 1376  registered interior designer who prepared or approved the
 1377  document and the date on which they were sealed. The signature,
 1378  date, and seal shall be evidence of the authenticity of that to
 1379  which they are affixed. Final plans, specifications, or reports
 1380  prepared or issued by a registered interior designer may be
 1381  transmitted electronically and may be signed by the registered
 1382  interior designer, dated, and sealed electronically with the
 1383  seal in accordance with ss. 668.001-668.006.
 1384         (5)No registered interior designer shall affix, or permit
 1385  to be affixed, her or his seal or signature to any plan,
 1386  specification, drawing, or other document which depicts work
 1387  which she or he is not competent or licensed to perform.
 1388         (7)No registered interior designer shall affix her or his
 1389  signature or seal to any plans, specifications, or other
 1390  documents which were not prepared by her or him or under her or
 1391  his responsible supervising control or by another registered
 1392  interior designer and reviewed, approved, or modified and
 1393  adopted by her or him as her or his own work according to rules
 1394  adopted by the board.
 1395         (9)Studies, drawings, specifications, and other related
 1396  documents prepared by a registered interior designer in
 1397  providing interior design services shall be of a sufficiently
 1398  high standard to clearly and accurately indicate all essential
 1399  parts of the work to which they refer.
 1400         (6)(10) Each registered architect must or interior
 1401  designer, and each corporation, limited liability company, or
 1402  partnership holding a certificate of authorization, shall
 1403  include her or his license its certificate number in any
 1404  newspaper, telephone directory, or other advertising medium used
 1405  by the registered licensee architect, interior designer,
 1406  corporation, limited liability company, or partnership. Each
 1407  business organization must include the license number of the
 1408  registered architect who serves as the qualifying agent for that
 1409  business organization in any newspaper, telephone directory, or
 1410  other advertising medium used by the business organization, but
 1411  is not required to display the license numbers of other
 1412  registered architects employed by the business organization A
 1413  corporation, limited liability company, or partnership is not
 1414  required to display the certificate number of individual
 1415  registered architects or interior designers employed by or
 1416  working within the corporation, limited liability company, or
 1417  partnership.
 1418         (7)(11) When the certificate of registration of a
 1419  registered architect or interior designer has been revoked or
 1420  suspended by the board, the registered architect or interior
 1421  designer shall surrender her or his seal to the secretary of the
 1422  board within a period of 30 days after the revocation or
 1423  suspension has become effective. If the certificate of the
 1424  registered architect or interior designer has been suspended for
 1425  a period of time, her or his seal shall be returned to her or
 1426  him upon expiration of the suspension period.
 1427         (8)(12) A person may not sign and seal by any means any
 1428  final plan, specification, or report after her or his
 1429  certificate of registration has expired or is suspended or
 1430  revoked. A registered architect or interior designer whose
 1431  certificate of registration is suspended or revoked shall,
 1432  within 30 days after the effective date of the suspension or
 1433  revocation, surrender her or his seal to the executive director
 1434  of the board and confirm in writing to the executive director
 1435  the cancellation of the registered architect’s or interior
 1436  designer’s electronic signature in accordance with ss. 668.001
 1437  668.006. When a registered architect’s or interior designer’s
 1438  certificate of registration is suspended for a period of time,
 1439  her or his seal shall be returned upon expiration of the period
 1440  of suspension.
 1441         Section 50. Section 481.222, Florida Statutes, is amended
 1442  to read:
 1443         481.222 Architects performing building code inspection
 1444  services.—Notwithstanding any other provision of law, a person
 1445  who is currently licensed to practice as an architect under this
 1446  part may provide building code inspection services described in
 1447  s. 468.603(5) and (8) to a local government or state agency upon
 1448  its request, without being certified by the Florida Building
 1449  Code Administrators and Inspectors Board under part XII of
 1450  chapter 468. With respect to the performance of such building
 1451  code inspection services, the architect is subject to the
 1452  disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
 1453  Any complaint processing, investigation, and discipline that
 1454  arise out of an architect’s performance of building code
 1455  inspection services shall be conducted by the Board of
 1456  Architecture and Interior Design rather than the Florida
 1457  Building Code Administrators and Inspectors Board. An architect
 1458  may not perform plans review as an employee of a local
 1459  government upon any job that the architect or the architect’s
 1460  company designed.
 1461         Section 51. Section 481.223, Florida Statutes, is amended
 1462  to read:
 1463         481.223 Prohibitions; penalties; injunctive relief.—
 1464         (1) A person may not knowingly:
 1465         (a) Practice architecture unless the person is an architect
 1466  or a registered architect; however, a licensed architect who has
 1467  been licensed by the board and who chooses to relinquish or not
 1468  to renew his or her license may use the title “Architect,
 1469  Retired” but may not otherwise render any architectural
 1470  services.
 1471         (b)Practice interior design unless the person is a
 1472  registered interior designer unless otherwise exempted herein;
 1473  however, an interior designer who has been licensed by the board
 1474  and who chooses to relinquish or not to renew his or her license
 1475  may use the title “Interior Designer, Retired” but may not
 1476  otherwise render any interior design services.
 1477         (b)(c) Use the name or title “architect” or “registered
 1478  architect,” or “interior designer” or “registered interior
 1479  designer,” or words to that effect, when the person is not then
 1480  the holder of a valid license issued pursuant to this part.
 1481         (c)(d) Present as his or her own the license of another.
 1482         (d)(e) Give false or forged evidence to the board or a
 1483  member thereof.
 1484         (e)(f) Use or attempt to use an architect or interior
 1485  designer license that has been suspended, revoked, or placed on
 1486  inactive or delinquent status.
 1487         (f)(g) Employ unlicensed persons to practice architecture
 1488  or interior design.
 1489         (g)(h) Conceal information relative to violations of this
 1490  part.
 1491         (2) Any person who violates any provision of subsection (1)
 1492  commits a misdemeanor of the first degree, punishable as
 1493  provided in s. 775.082 or s. 775.083.
 1494         (3)(a) Notwithstanding chapter 455 or any other law to the
 1495  contrary, an affected person may maintain an action for
 1496  injunctive relief to restrain or prevent a person from violating
 1497  paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
 1498  prevailing party is entitled to actual costs and attorney’s
 1499  fees.
 1500         (b) For purposes of this subsection, the term “affected
 1501  person” means a person directly affected by the actions of a
 1502  person suspected of violating paragraph (1)(a) or, paragraph
 1503  (1)(b), or paragraph (1)(c) and includes, but is not limited to,
 1504  the department, any person who received services from the
 1505  alleged violator, or any private association composed primarily
 1506  of members of the profession the alleged violator is practicing
 1507  or offering to practice or holding himself or herself out as
 1508  qualified to practice.
 1509         Section 52. Section 481.2251, Florida Statutes, is
 1510  repealed.
 1511         Section 53. Subsections (5) through (8) of section 481.229,
 1512  Florida Statutes, are amended to read:
 1513         481.229 Exceptions; exemptions from licensure.—
 1514         (5)(a)Nothing contained in this part shall prevent a
 1515  registered architect or a partnership, limited liability
 1516  company, or corporation holding a valid certificate of
 1517  authorization to provide architectural services from performing
 1518  any interior design service or from using the title “interior
 1519  designer” or “registered interior designer.”
 1520         (b)Notwithstanding any other provision of this part, all
 1521  persons licensed as architects under this part shall be
 1522  qualified for interior design licensure upon submission of a
 1523  completed application for such license and a fee not to exceed
 1524  $30. Such persons shall be exempt from the requirements of s.
 1525  481.209(2). For architects licensed as interior designers,
 1526  satisfaction of the requirements for renewal of licensure as an
 1527  architect under s. 481.215 shall be deemed to satisfy the
 1528  requirements for renewal of licensure as an interior designer
 1529  under that section. Complaint processing, investigation, or
 1530  other discipline-related legal costs related to persons licensed
 1531  as interior designers under this paragraph shall be assessed
 1532  against the architects’ account of the Regulatory Trust Fund.
 1533         (c)Notwithstanding any other provision of this part, any
 1534  corporation, partnership, or person operating under a fictitious
 1535  name which holds a certificate of authorization to provide
 1536  architectural services shall be qualified, without fee, for a
 1537  certificate of authorization to provide interior design services
 1538  upon submission of a completed application therefor. For
 1539  corporations, partnerships, and persons operating under a
 1540  fictitious name which hold a certificate of authorization to
 1541  provide interior design services, satisfaction of the
 1542  requirements for renewal of the certificate of authorization to
 1543  provide architectural services under s. 481.219 shall be deemed
 1544  to satisfy the requirements for renewal of the certificate of
 1545  authorization to provide interior design services under that
 1546  section.
 1547         (6)This part shall not apply to:
 1548         (a)A person who performs interior design services or
 1549  interior decorator services for any residential application,
 1550  provided that such person does not advertise as, or represent
 1551  himself or herself as, an interior designer. For purposes of
 1552  this paragraph, “residential applications” includes all types of
 1553  residences, including, but not limited to, residence buildings,
 1554  single-family homes, multifamily homes, townhouses, apartments,
 1555  condominiums, and domestic outbuildings appurtenant to one
 1556  family or two-family residences. However, “residential
 1557  applications” does not include common areas associated with
 1558  instances of multiple-unit dwelling applications.
 1559         (b)An employee of a retail establishment providing
 1560  “interior decorator services” on the premises of the retail
 1561  establishment or in the furtherance of a retail sale or
 1562  prospective retail sale, provided that such employee does not
 1563  advertise as, or represent himself or herself as, an interior
 1564  designer.
 1565         (7)Nothing in this part shall be construed as authorizing
 1566  or permitting an interior designer to engage in the business of,
 1567  or to act as, a contractor within the meaning of chapter 489,
 1568  unless registered or certified as a contractor pursuant to
 1569  chapter 489.
 1570         (5)(8) A manufacturer of commercial food service equipment
 1571  or the manufacturer’s representative, distributor, or dealer or
 1572  an employee thereof, who prepares designs, specifications, or
 1573  layouts for the sale or installation of such equipment is exempt
 1574  from licensure as an architect or interior designer, if:
 1575         (a) The designs, specifications, or layouts are not used
 1576  for construction or installation that may affect structural,
 1577  mechanical, plumbing, heating, air conditioning, ventilating,
 1578  electrical, or vertical transportation systems.
 1579         (b) The designs, specifications, or layouts do not
 1580  materially affect lifesafety systems pertaining to firesafety
 1581  protection, smoke evacuation and compartmentalization, and
 1582  emergency ingress or egress systems.
 1583         (c) Each design, specification, or layout document prepared
 1584  by a person or entity exempt under this subsection contains a
 1585  statement on each page of the document that the designs,
 1586  specifications, or layouts are not architectural, interior
 1587  design, or engineering designs, specifications, or layouts and
 1588  not used for construction unless reviewed and approved by a
 1589  licensed architect or engineer.
 1590         Section 54. Subsection (1) of section 481.231, Florida
 1591  Statutes, is amended to read:
 1592         481.231 Effect of part locally.—
 1593         (1) Nothing in This part does not shall be construed to
 1594  repeal, amend, limit, or otherwise affect any specific provision
 1595  of any local building code or zoning law or ordinance that has
 1596  been duly adopted, now or hereafter enacted, which is more
 1597  restrictive, with respect to the services of registered
 1598  architects or registered interior designers, than the provisions
 1599  of this part; provided, however, that a licensed architect shall
 1600  be deemed licensed as an interior designer for purposes of
 1601  offering or rendering interior design services to a county,
 1602  municipality, or other local government or political
 1603  subdivision.
 1604         Section 55. Section 481.303, Florida Statutes, is amended
 1605  to read:
 1606         481.303 Definitions.—As used in this chapter, the term:
 1607         (1) “Board” means the Board of Landscape Architecture.
 1608         (3)(2) “Department” means the Department of Business and
 1609  Professional Regulation.
 1610         (6)(3) “Registered landscape architect” means a person who
 1611  holds a license to practice landscape architecture in this state
 1612  under the authority of this act.
 1613         (2)(4) “Certificate of registration” means a license issued
 1614  by the department to a natural person to engage in the practice
 1615  of landscape architecture.
 1616         (5)“Certificate of authorization” means a license issued
 1617  by the department to a corporation or partnership to engage in
 1618  the practice of landscape architecture.
 1619         (4)(6) “Landscape architecture” means professional
 1620  services, including, but not limited to, the following:
 1621         (a) Consultation, investigation, research, planning,
 1622  design, preparation of drawings, specifications, contract
 1623  documents and reports, responsible construction supervision, or
 1624  landscape management in connection with the planning and
 1625  development of land and incidental water areas, including the
 1626  use of Florida-friendly landscaping as defined in s. 373.185,
 1627  where, and to the extent that, the dominant purpose of such
 1628  services or creative works is the preservation, conservation,
 1629  enhancement, or determination of proper land uses, natural land
 1630  features, ground cover and plantings, or naturalistic and
 1631  aesthetic values;
 1632         (b) The determination of settings, grounds, and approaches
 1633  for and the siting of buildings and structures, outdoor areas,
 1634  or other improvements;
 1635         (c) The setting of grades, shaping and contouring of land
 1636  and water forms, determination of drainage, and provision for
 1637  storm drainage and irrigation systems where such systems are
 1638  necessary to the purposes outlined herein; and
 1639         (d) The design of such tangible objects and features as are
 1640  necessary to the purpose outlined herein.
 1641         (5)(7) “Landscape design” means consultation for and
 1642  preparation of planting plans drawn for compensation, including
 1643  specifications and installation details for plant materials,
 1644  soil amendments, mulches, edging, gravel, and other similar
 1645  materials. Such plans may include only recommendations for the
 1646  conceptual placement of tangible objects for landscape design
 1647  projects. Construction documents, details, and specifications
 1648  for tangible objects and irrigation systems shall be designed or
 1649  approved by licensed professionals as required by law.
 1650         Section 56. Section 481.310, Florida Statutes, is amended
 1651  to read:
 1652         481.310 Practical experience requirement.—Beginning October
 1653  1, 1990, every applicant for licensure as a registered landscape
 1654  architect shall demonstrate, prior to licensure, 1 year of
 1655  practical experience in landscape architectural work. An
 1656  applicant who holds a master of landscape architecture degree
 1657  and a bachelor’s degree in a related field is not required to
 1658  demonstrate 1 year of practical experience in landscape
 1659  architectural work to obtain licensure. The board shall adopt
 1660  rules providing standards for the required experience. An
 1661  applicant who qualifies for examination pursuant to s.
 1662  481.309(1)(b)1. may obtain the practical experience after
 1663  completing the required professional degree. Experience used to
 1664  qualify for examination pursuant to s. 481.309(1)(b)2. may not
 1665  be used to satisfy the practical experience requirement under
 1666  this section.
 1667         Section 57. Subsections (3) and (4) of section 481.311,
 1668  Florida Statutes, are amended, to read:
 1669         481.311 Licensure.—
 1670         (3) The board shall certify as qualified for a license by
 1671  endorsement an applicant who:
 1672         (a)Qualifies to take the examination as set forth in s.
 1673  481.309; and has passed a national, regional, state, or
 1674  territorial licensing examination which is substantially
 1675  equivalent to the examination required by s. 481.309; or
 1676         (b) holds a valid license to practice landscape
 1677  architecture issued by another state or territory of the United
 1678  States, if the criteria for issuance of such license were
 1679  substantially identical to the licensure criteria which existed
 1680  in this state at the time the license was issued.
 1681         (4)The board shall certify as qualified for a certificate
 1682  of authorization any applicant corporation or partnership who
 1683  satisfies the requirements of s. 481.319.
 1684         Section 58. Subsection (2) of section 481.317, Florida
 1685  Statutes, is amended to read:
 1686         481.317 Temporary certificates.—
 1687         (2)Upon approval by the board and payment of the fee set
 1688  in s. 481.307, the department shall grant a temporary
 1689  certificate of authorization for work on one specified project
 1690  in this state for a period not to exceed 1 year to an out-of
 1691  state corporation, partnership, or firm, provided one of the
 1692  principal officers of the corporation, one of the partners of
 1693  the partnership, or one of the principals in the fictitiously
 1694  named firm has obtained a temporary certificate of registration
 1695  in accordance with subsection (1).
 1696         Section 59. Section 481.319, Florida Statutes, is amended
 1697  to read:
 1698         481.319 Corporate and partnership practice of landscape
 1699  architecture; certificate of authorization.—
 1700         (1) The practice of or offer to practice landscape
 1701  architecture by registered landscape architects registered under
 1702  this part through a corporation or partnership offering
 1703  landscape architectural services to the public, or through a
 1704  corporation or partnership offering landscape architectural
 1705  services to the public through individual registered landscape
 1706  architects as agents, employees, officers, or partners, is
 1707  permitted, subject to the provisions of this section, if:
 1708         (a) One or more of the principal officers of the
 1709  corporation, or partners of the partnership, and all personnel
 1710  of the corporation or partnership who act in its behalf as
 1711  landscape architects in this state are registered landscape
 1712  architects; and
 1713         (b) One or more of the officers, one or more of the
 1714  directors, one or more of the owners of the corporation, or one
 1715  or more of the partners of the partnership is a registered
 1716  landscape architect; and
 1717         (c)The corporation or partnership has been issued a
 1718  certificate of authorization by the board as provided herein.
 1719         (2) All documents involving the practice of landscape
 1720  architecture which are prepared for the use of the corporation
 1721  or partnership shall bear the signature and seal of a registered
 1722  landscape architect.
 1723         (3) A landscape architect applying to practice in the name
 1724  of a An applicant corporation must shall file with the
 1725  department the names and addresses of all officers and board
 1726  members of the corporation, including the principal officer or
 1727  officers, duly registered to practice landscape architecture in
 1728  this state and, also, of all individuals duly registered to
 1729  practice landscape architecture in this state who shall be in
 1730  responsible charge of the practice of landscape architecture by
 1731  the corporation in this state. A landscape architect applying to
 1732  practice in the name of a An applicant partnership must shall
 1733  file with the department the names and addresses of all partners
 1734  of the partnership, including the partner or partners duly
 1735  registered to practice landscape architecture in this state and,
 1736  also, of an individual or individuals duly registered to
 1737  practice landscape architecture in this state who shall be in
 1738  responsible charge of the practice of landscape architecture by
 1739  said partnership in this state.
 1740         (4) Each landscape architect qualifying a partnership or
 1741  and corporation licensed under this part must shall notify the
 1742  department within 1 month after of any change in the information
 1743  contained in the application upon which the license is based.
 1744  Any landscape architect who terminates her or his or her
 1745  employment with a partnership or corporation licensed under this
 1746  part shall notify the department of the termination within 1
 1747  month after such termination.
 1748         (5) Disciplinary action against a corporation or
 1749  partnership shall be administered in the same manner and on the
 1750  same grounds as disciplinary action against a registered
 1751  landscape architect.
 1752         (6) Except as provided in s. 558.0035, the fact that a
 1753  registered landscape architect practices landscape architecture
 1754  through a corporation or partnership as provided in this section
 1755  does not relieve the landscape architect from personal liability
 1756  for her or his or her professional acts.
 1757         Section 60. Subsection (5) of section 481.321, Florida
 1758  Statutes, is amended to read:
 1759         481.321 Seals; display of certificate number.—
 1760         (5) Each registered landscape architect must and each
 1761  corporation or partnership holding a certificate of
 1762  authorization shall include her or his its certificate number in
 1763  any newspaper, telephone directory, or other advertising medium
 1764  used by the registered landscape architect, corporation, or
 1765  partnership. A corporation or partnership must is not required
 1766  to display the certificate number numbers of at least one
 1767  officer, director, owner, or partner who is a individual
 1768  registered landscape architect architects employed by or
 1769  practicing with the corporation or partnership.
 1770         Section 61. Subsection (5) of section 481.329, Florida
 1771  Statutes, is amended to read:
 1772         481.329 Exceptions; exemptions from licensure.—
 1773         (5) This part does not prohibit any person from engaging in
 1774  the practice of landscape design, as defined in s. 481.303
 1775  481.303(7), or from submitting for approval to a governmental
 1776  agency planting plans that are independent of, or a component
 1777  of, construction documents that are prepared by a Florida
 1778  registered professional. Persons providing landscape design
 1779  services shall not use the title, term, or designation
 1780  “landscape architect,” “landscape architectural,” “landscape
 1781  architecture,” “L.A.,” “landscape engineering,” or any
 1782  description tending to convey the impression that she or he is a
 1783  landscape architect unless she or he is registered as provided
 1784  in this part.
 1785         Section 62. Subsection (9) of section 489.103, Florida
 1786  Statutes, is amended to read:
 1787         489.103 Exemptions.—This part does not apply to:
 1788         (9) Any work or operation of a casual, minor, or
 1789  inconsequential nature in which the aggregate contract price for
 1790  labor, materials, and all other items is less than $2,500
 1791  $1,000, but this exemption does not apply:
 1792         (a) If the construction, repair, remodeling, or improvement
 1793  is a part of a larger or major operation, whether undertaken by
 1794  the same or a different contractor, or in which a division of
 1795  the operation is made in contracts of amounts less than $2,500
 1796  $1,000 for the purpose of evading this part or otherwise.
 1797         (b) To a person who advertises that he or she is a
 1798  contractor or otherwise represents that he or she is qualified
 1799  to engage in contracting.
 1800         Section 63. Subsection (2) of section 489.111, Florida
 1801  Statutes, is amended to read:
 1802         489.111 Licensure by examination.—
 1803         (2) A person shall be eligible for licensure by examination
 1804  if the person:
 1805         (a) Is 18 years of age;
 1806         (b) Is of good moral character; and
 1807         (c) Meets eligibility requirements according to one of the
 1808  following criteria:
 1809         1. Has received a baccalaureate degree from an accredited
 1810  4-year college in the appropriate field of engineering,
 1811  architecture, or building construction and has 1 year of proven
 1812  experience in the category in which the person seeks to qualify.
 1813  For the purpose of this part, a minimum of 2,000 person-hours
 1814  shall be used in determining full-time equivalency.
 1815         2. Has a total of at least 4 years of active experience as
 1816  a worker who has learned the trade by serving an apprenticeship
 1817  as a skilled worker who is able to command the rate of a
 1818  mechanic in the particular trade or as a foreman who is in
 1819  charge of a group of workers and usually is responsible to a
 1820  superintendent or a contractor or his or her equivalent,
 1821  provided, however, that at least 1 year of active experience
 1822  shall be as a foreman.
 1823         3. Has a combination of not less than 1 year of experience
 1824  as a foreman and not less than 3 years of credits for any
 1825  accredited college-level courses; has a combination of not less
 1826  than 1 year of experience as a skilled worker, 1 year of
 1827  experience as a foreman, and not less than 2 years of credits
 1828  for any accredited college-level courses; or has a combination
 1829  of not less than 2 years of experience as a skilled worker, 1
 1830  year of experience as a foreman, and not less than 1 year of
 1831  credits for any accredited college-level courses. All junior
 1832  college or community college-level courses shall be considered
 1833  accredited college-level courses.
 1834         4.a. An active certified residential contractor is eligible
 1835  to receive a certified building contractor license after passing
 1836  or having previously passed take the building contractors’
 1837  examination if he or she possesses a minimum of 3 years of
 1838  proven experience in the classification in which he or she is
 1839  certified.
 1840         b. An active certified residential contractor is eligible
 1841  to receive a certified general contractor license after passing
 1842  or having previously passed take the general contractors’
 1843  examination if he or she possesses a minimum of 4 years of
 1844  proven experience in the classification in which he or she is
 1845  certified.
 1846         c. An active certified building contractor is eligible to
 1847  receive a certified general contractor license after passing or
 1848  having previously passed take the general contractors’
 1849  examination if he or she possesses a minimum of 4 years of
 1850  proven experience in the classification in which he or she is
 1851  certified.
 1852         5.a. An active certified air-conditioning Class C
 1853  contractor is eligible to receive a certified air-conditioning
 1854  Class B contractor license after passing or having previously
 1855  passed take the air-conditioning Class B contractors’
 1856  examination if he or she possesses a minimum of 3 years of
 1857  proven experience in the classification in which he or she is
 1858  certified.
 1859         b. An active certified air-conditioning Class C contractor
 1860  is eligible to receive a certified air-conditioning Class A
 1861  contractor license after passing or having previously passed
 1862  take the air-conditioning Class A contractors’ examination if he
 1863  or she possesses a minimum of 4 years of proven experience in
 1864  the classification in which he or she is certified.
 1865         c. An active certified air-conditioning Class B contractor
 1866  is eligible to receive a certified air-conditioning Class A
 1867  contractor license after passing or having previously passed
 1868  take the air-conditioning Class A contractors’ examination if he
 1869  or she possesses a minimum of 1 year of proven experience in the
 1870  classification in which he or she is certified.
 1871         6.a. An active certified swimming pool servicing contractor
 1872  is eligible to receive a certified residential swimming pool
 1873  contractor license after passing or having previously passed
 1874  take the residential swimming pool contractors’ examination if
 1875  he or she possesses a minimum of 3 years of proven experience in
 1876  the classification in which he or she is certified.
 1877         b. An active certified swimming pool servicing contractor
 1878  is eligible to receive a certified commercial swimming pool
 1879  contractor license after passing or having previously passed
 1880  take the swimming pool commercial contractors’ examination if he
 1881  or she possesses a minimum of 4 years of proven experience in
 1882  the classification in which he or she is certified.
 1883         c. An active certified residential swimming pool contractor
 1884  is eligible to receive a certified commercial swimming pool
 1885  contractor license after passing or having previously passed
 1886  take the commercial swimming pool contractors’ examination if he
 1887  or she possesses a minimum of 1 year of proven experience in the
 1888  classification in which he or she is certified.
 1889         d. An applicant is eligible to receive a certified swimming
 1890  pool/spa servicing contractor license after passing or having
 1891  previously passed take the swimming pool/spa servicing
 1892  contractors’ examination if he or she has satisfactorily
 1893  completed 60 hours of instruction in courses related to the
 1894  scope of work covered by that license and approved by the
 1895  Construction Industry Licensing Board by rule and has at least 1
 1896  year of proven experience related to the scope of work of such a
 1897  contractor.
 1898         Section 64. Subsection (3) of section 489.115, Florida
 1899  Statutes, is amended to read:
 1900         489.115 Certification and registration; endorsement;
 1901  reciprocity; renewals; continuing education.—
 1902         (3) The board shall certify as qualified for certification
 1903  by endorsement any applicant who:
 1904         (a) Meets the requirements for certification as set forth
 1905  in this section; has passed a national, regional, state, or
 1906  United States territorial licensing examination that is
 1907  substantially equivalent to the examination required by this
 1908  part; and has satisfied the requirements set forth in s.
 1909  489.111;
 1910         (b) Holds a valid license to practice contracting issued by
 1911  another state or territory of the United States, if the criteria
 1912  for issuance of such license were substantially equivalent to
 1913  Florida’s current certification criteria; or
 1914         (c) Holds a valid, current license to practice contracting
 1915  issued by another state or territory of the United States, if
 1916  the state or territory has entered into a reciprocal agreement
 1917  with the board for the recognition of contractor licenses issued
 1918  in that state, based on criteria for the issuance of such
 1919  licenses that are substantially equivalent to the criteria for
 1920  certification in this state; or
 1921         (d)Has held a valid, current license to practice
 1922  contracting issued by another state or territory of the United
 1923  States for at least 10 years before the date of application and
 1924  is applying for the same or similar license in this state,
 1925  subject to subsections (5)-(9). The board may consider whether
 1926  such applicant has had a license to practice contracting
 1927  revoked, suspended, or otherwise acted against by the licensing
 1928  authority of another state, territory, or country. Such
 1929  application must be made either when the license in another
 1930  state or territory is active or within 2 years after such
 1931  license was last active.
 1932         Section 65. Subsection (5) of section 489.511, Florida
 1933  Statutes, is amended to read:
 1934         489.511 Certification; application; examinations;
 1935  endorsement.—
 1936         (5) The board shall certify as qualified for certification
 1937  by endorsement any individual applying for certification who:
 1938         (a) Meets the requirements for certification as set forth
 1939  in this section; has passed a national, regional, state, or
 1940  United States territorial licensing examination that is
 1941  substantially equivalent to the examination required by this
 1942  part; and has satisfied the requirements set forth in s.
 1943  489.521; or
 1944         (b) Holds a valid license to practice electrical or alarm
 1945  system contracting issued by another state or territory of the
 1946  United States, if the criteria for issuance of such license was
 1947  substantially equivalent to the certification criteria that
 1948  existed in this state at the time the certificate was issued; or
 1949         (c)Has held a valid, current license to practice
 1950  electrical or alarm system contracting issued by another state
 1951  or territory of the United States for at least 10 years before
 1952  the date of application and is applying for the same or similar
 1953  license in this state, subject to ss. 489.510 and 489.521(3)(a),
 1954  and subparagraph (1)(b)1. Such application must be made either
 1955  when the license in another state or territory is active or
 1956  within 2 years after such license was last active.
 1957         Section 66. Subsection (3) and paragraph (b) of subsection
 1958  (4) of section 489.517, Florida Statutes, are amended to read:
 1959         489.517 Renewal of certificate or registration; continuing
 1960  education.—
 1961         (3) Each certificateholder or registrant shall provide
 1962  proof, in a form established by rule of the board, that the
 1963  certificateholder or registrant has completed at least 7 14
 1964  classroom hours of at least 50 minutes each of continuing
 1965  education courses during each biennium since the issuance or
 1966  renewal of the certificate or registration. The board shall by
 1967  rule establish criteria for the approval of continuing education
 1968  courses and providers and may by rule establish criteria for
 1969  accepting alternative nonclassroom continuing education on an
 1970  hour-for-hour basis.
 1971         (4)
 1972         (b) Of the 7 14 classroom hours of continuing education
 1973  required, at least 1 hour 7 hours must be on technical subjects,
 1974  1 hour on workers’ compensation, 1 hour on workplace safety, 1
 1975  hour on business practices, and for alarm system contractors and
 1976  electrical contractors engaged in alarm system contracting, 2
 1977  hours on false alarm prevention.
 1978         Section 67. Paragraph (b) of subsection (1) of section
 1979  489.518, Florida Statutes, is amended to read:
 1980         489.518 Alarm system agents.—
 1981         (1) A licensed electrical or alarm system contractor may
 1982  not employ a person to perform the duties of a burglar alarm
 1983  system agent unless the person:
 1984         (b) Has successfully completed a minimum of 14 hours of
 1985  training within 90 days after employment, to include basic alarm
 1986  system electronics in addition to related training including
 1987  CCTV and access control training, with at least 2 hours of
 1988  training in the prevention of false alarms. Such training shall
 1989  be from a board-approved provider, and the employee or applicant
 1990  for employment shall provide proof of successful completion to
 1991  the licensed employer. The board shall by rule establish
 1992  criteria for the approval of training courses and providers and
 1993  may by rule establish criteria for accepting alternative
 1994  nonclassroom education on an hour-for-hour basis. The board
 1995  shall approve providers that conduct training in other than the
 1996  English language. The board shall establish a fee for the
 1997  approval of training providers or courses, not to exceed $60.
 1998  Qualified employers may conduct training classes for their
 1999  employees, with board approval.
 2000         Section 68. Paragraph (i) of subsection (2) of section
 2001  548.003, Florida Statutes, is amended to read:
 2002         548.003 Florida State Boxing Commission.—
 2003         (2) The Florida State Boxing Commission, as created by
 2004  subsection (1), shall administer the provisions of this chapter.
 2005  The commission has authority to adopt rules pursuant to ss.
 2006  120.536(1) and 120.54 to implement the provisions of this
 2007  chapter and to implement each of the duties and responsibilities
 2008  conferred upon the commission, including, but not limited to:
 2009         (i)Designation and duties of a knockdown timekeeper.
 2010         Section 69. Subsection (1) of section 548.017, Florida
 2011  Statutes, is amended to read:
 2012         548.017 Participants, managers, and other persons required
 2013  to have licenses.—
 2014         (1) A participant, manager, trainer, second, timekeeper,
 2015  referee, judge, announcer, physician, matchmaker, or promoter
 2016  must be licensed before directly or indirectly acting in such
 2017  capacity in connection with any match involving a participant. A
 2018  physician approved by the commission must be licensed pursuant
 2019  to chapter 458 or chapter 459, must maintain an unencumbered
 2020  license in good standing, and must demonstrate satisfactory
 2021  medical training or experience in boxing, or a combination of
 2022  both, to the executive director before working as the ringside
 2023  physician.
 2024         Section 70. Paragraph (d) of subsection (1) of section
 2025  553.5141, Florida Statutes, is amended to read:
 2026         553.5141 Certifications of conformity and remediation
 2027  plans.—
 2028         (1) For purposes of this section:
 2029         (d) “Qualified expert” means:
 2030         1. An engineer licensed pursuant to chapter 471.
 2031         2. A certified general contractor licensed pursuant to
 2032  chapter 489.
 2033         3. A certified building contractor licensed pursuant to
 2034  chapter 489.
 2035         4. A building code administrator licensed pursuant to
 2036  chapter 468.
 2037         5. A building inspector licensed pursuant to chapter 468.
 2038         6. A plans examiner licensed pursuant to chapter 468.
 2039         7. An interior designer who has passed the qualification
 2040  examination prescribed by either the National Council for
 2041  Interior Design Qualification or the California Council for
 2042  Interior Design Certification licensed pursuant to chapter 481.
 2043         8. An architect licensed pursuant to chapter 481.
 2044         9. A landscape architect licensed pursuant to chapter 481.
 2045         10. Any person who has prepared a remediation plan related
 2046  to a claim under Title III of the Americans with Disabilities
 2047  Act, 42 U.S.C. s. 12182, that has been accepted by a federal
 2048  court in a settlement agreement or court proceeding, or who has
 2049  been qualified as an expert in Title III of the Americans with
 2050  Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
 2051         Section 71. Effective January 1, 2021, subsection (1) of
 2052  section 553.74, Florida Statutes, is amended to read:
 2053         553.74 Florida Building Commission.—
 2054         (1) The Florida Building Commission is created and located
 2055  within the Department of Business and Professional Regulation
 2056  for administrative purposes. Members are appointed by the
 2057  Governor subject to confirmation by the Senate. The commission
 2058  is composed of 19 27 members, consisting of the following
 2059  members:
 2060         (a) One architect licensed pursuant to chapter 481 with at
 2061  least 5 years of experience in the design and construction of
 2062  buildings designated for Group E or Group I occupancies by the
 2063  Florida Building Code registered to practice in this state and
 2064  actively engaged in the profession. The American Institute of
 2065  Architects, Florida Section, is encouraged to recommend a list
 2066  of candidates for consideration.
 2067         (b) One structural engineer registered to practice in this
 2068  state and actively engaged in the profession. The Florida
 2069  Engineering Society is encouraged to recommend a list of
 2070  candidates for consideration.
 2071         (c) One air-conditioning contractor, or mechanical
 2072  contractor, or mechanical engineer certified to do business in
 2073  this state and actively engaged in the profession. The Florida
 2074  Air Conditioning Contractors Association, the Florida
 2075  Refrigeration and Air Conditioning Contractors Association, and
 2076  the Mechanical Contractors Association of Florida, and the
 2077  Florida Engineering Society are encouraged to recommend a list
 2078  of candidates for consideration.
 2079         (d) One electrical contractor or electrical engineer
 2080  certified to do business in this state and actively engaged in
 2081  the profession. The Florida Association of Electrical
 2082  Contractors, and the National Electrical Contractors
 2083  Association, Florida Chapter, and the Florida Engineering
 2084  Society are encouraged to recommend a list of candidates for
 2085  consideration.
 2086         (e)One member from fire protection engineering or
 2087  technology who is actively engaged in the profession. The
 2088  Florida Chapter of the Society of Fire Protection Engineers and
 2089  the Florida Fire Marshals and Inspectors Association are
 2090  encouraged to recommend a list of candidates for consideration.
 2091         (e)(f) One certified general contractor or one certified
 2092  building contractor certified to do business in this state and
 2093  actively engaged in the profession. The Associated Builders and
 2094  Contractors of Florida, the Florida Associated General
 2095  Contractors Council, the Florida Home Builders Association, and
 2096  the Union Contractors Association are encouraged to recommend a
 2097  list of candidates for consideration.
 2098         (f)(g) One plumbing contractor licensed to do business in
 2099  this state and actively engaged in the profession. The Florida
 2100  Association of Plumbing, Heating, and Cooling Contractors is
 2101  encouraged to recommend a list of candidates for consideration.
 2102         (g)(h) One roofing or sheet metal contractor certified to
 2103  do business in this state and actively engaged in the
 2104  profession. The Florida Roofing, Sheet Metal, and Air
 2105  Conditioning Contractors Association and the Sheet Metal and Air
 2106  Conditioning Contractors’ National Association are encouraged to
 2107  recommend a list of candidates for consideration.
 2108         (h)(i) One certified residential contractor licensed to do
 2109  business in this state and actively engaged in the profession.
 2110  The Florida Home Builders Association is encouraged to recommend
 2111  a list of candidates for consideration.
 2112         (i)(j) Three members who are municipal, county, or district
 2113  codes enforcement officials, one of whom is also a fire
 2114  official. The Building Officials Association of Florida and the
 2115  Florida Fire Marshals and Inspectors Association are encouraged
 2116  to recommend a list of candidates for consideration.
 2117         (k)One member who represents the Department of Financial
 2118  Services.
 2119         (l)One member who is a county codes enforcement official.
 2120  The Building Officials Association of Florida is encouraged to
 2121  recommend a list of candidates for consideration.
 2122         (j)(m) One member of a Florida-based organization of
 2123  persons with disabilities or a nationally chartered organization
 2124  of persons with disabilities with chapters in this state which
 2125  complies with or is certified to be compliant with the
 2126  requirements of the Americans with Disability Act of 1990, as
 2127  amended.
 2128         (k)(n) One member of the manufactured buildings industry
 2129  who is licensed to do business in this state and is actively
 2130  engaged in the industry. The Florida Manufactured Housing
 2131  Association is encouraged to recommend a list of candidates for
 2132  consideration.
 2133         (o)One mechanical or electrical engineer registered to
 2134  practice in this state and actively engaged in the profession.
 2135  The Florida Engineering Society is encouraged to recommend a
 2136  list of candidates for consideration.
 2137         (p)One member who is a representative of a municipality or
 2138  a charter county. The Florida League of Cities and the Florida
 2139  Association of Counties are encouraged to recommend a list of
 2140  candidates for consideration.
 2141         (l)(q) One member of the building products manufacturing
 2142  industry who is authorized to do business in this state and is
 2143  actively engaged in the industry. The Florida Building Material
 2144  Association, the Florida Concrete and Products Association, and
 2145  the Fenestration Manufacturers Association are encouraged to
 2146  recommend a list of candidates for consideration.
 2147         (m)(r) One member who is a representative of the building
 2148  owners and managers industry who is actively engaged in
 2149  commercial building ownership or management. The Building Owners
 2150  and Managers Association is encouraged to recommend a list of
 2151  candidates for consideration.
 2152         (n)(s) One member who is a representative of the insurance
 2153  industry. The Florida Insurance Council is encouraged to
 2154  recommend a list of candidates for consideration.
 2155         (t)One member who is a representative of public education.
 2156         (o)(u) One member who is a swimming pool contractor
 2157  licensed to do business in this state and actively engaged in
 2158  the profession. The Florida Swimming Pool Association and the
 2159  United Pool and Spa Association are encouraged to recommend a
 2160  list of candidates for consideration.
 2161         (p)(v) One member who is a representative of the green
 2162  building industry and who is a third-party commission agent, a
 2163  Florida board member of the United States Green Building Council
 2164  or Green Building Initiative, a professional who is accredited
 2165  under the International Green Construction Code (IGCC), or a
 2166  professional who is accredited under Leadership in Energy and
 2167  Environmental Design (LEED).
 2168         (q)(w) One member who is a representative of a natural gas
 2169  distribution system and who is actively engaged in the
 2170  distribution of natural gas in this state. The Florida Natural
 2171  Gas Association is encouraged to recommend a list of candidates
 2172  for consideration.
 2173         (x)One member who is a representative of the Department of
 2174  Agriculture and Consumer Services’ Office of Energy. The
 2175  Commissioner of Agriculture is encouraged to recommend a list of
 2176  candidates for consideration.
 2177         (y)One member who shall be the chair.
 2178         Section 72. Paragraph (c) of subsection (5) of section
 2179  553.79, Florida Statutes, is amended to read:
 2180         553.79 Permits; applications; issuance; inspections.—
 2181         (5)
 2182         (c) The architect or engineer of record may act as the
 2183  special inspector provided she or he is on the Board of
 2184  Professional Engineers’ or the Board of Architecture’s
 2185  Architecture and Interior Design’s list of persons qualified to
 2186  be special inspectors. School boards may utilize employees as
 2187  special inspectors provided such employees are on one of the
 2188  professional licensing board’s list of persons qualified to be
 2189  special inspectors.
 2190         Section 73. Subsection (7) of section 558.002, Florida
 2191  Statutes, is amended to read:
 2192         558.002 Definitions.—As used in this chapter, the term:
 2193         (7) “Design professional” means a person, as defined in s.
 2194  1.01, who is licensed in this state as an architect, interior
 2195  designer, a landscape architect, an engineer, a surveyor, or a
 2196  geologist.
 2197         Section 74. Subsection (3) of section 559.25, Florida
 2198  Statutes, is amended to read:
 2199         559.25 Exemptions.—The provisions of this part shall not
 2200  apply to or affect the following persons:
 2201         (3)Duly licensed auctioneers, selling at auction.
 2202         Section 75. Paragraphs (h) and (k) of subsection (2) of
 2203  section 287.055, Florida Statutes, are amended to read:
 2204         287.055 Acquisition of professional architectural,
 2205  engineering, landscape architectural, or surveying and mapping
 2206  services; definitions; procedures; contingent fees prohibited;
 2207  penalties.—
 2208         (2) DEFINITIONS.—For purposes of this section:
 2209         (h) A “design-build firm” means a partnership, corporation,
 2210  or other legal entity that:
 2211         1. Is certified under s. 489.119 to engage in contracting
 2212  through a certified or registered general contractor or a
 2213  certified or registered building contractor as the qualifying
 2214  agent; or
 2215         2. Is qualified certified under s. 471.023 to practice or
 2216  to offer to practice engineering; qualified certified under s.
 2217  481.219 to practice or to offer to practice architecture; or
 2218  qualified certified under s. 481.319 to practice or to offer to
 2219  practice landscape architecture.
 2220         (k) A “design criteria professional” means a firm that is
 2221  qualified who holds a current certificate of registration under
 2222  chapter 481 to practice architecture or landscape architecture
 2223  or a firm who holds a current certificate as a registered
 2224  engineer under chapter 471 to practice engineering and who is
 2225  employed by or under contract to the agency for the providing of
 2226  professional architect services, landscape architect services,
 2227  or engineering services in connection with the preparation of
 2228  the design criteria package.
 2229         Section 76. Except as otherwise expressly provided in this
 2230  act, this act shall take effect July 1, 2020.