Florida Senate - 2020                       CS for CS for SB 474
       
       
        
       By the Committees on Commerce and Tourism; and Innovation,
       Industry, and Technology; and Senator Albritton
       
       
       
       
       577-03086-20                                           2020474c2
    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         322.57, F.S.; defining the term “servicemember”;
    5         requiring the Department of Highway Safety and Motor
    6         Vehicles to waive the requirement to pass the
    7         Commercial Driver License Skills Tests for certain
    8         servicemembers and veterans; requiring an applicant
    9         who receives such waiver to complete certain
   10         requirements within a specified time; requiring the
   11         department to adopt rules; amending s. 326.004, F.S.;
   12         deleting the requirement that a yacht broker maintain
   13         a separate license for each branch office; deleting
   14         the requirement that the Division of Florida
   15         Condominiums, Timeshares, and Mobile Homes establish a
   16         fee; amending s. 447.02, F.S.; conforming provisions
   17         to changes made by the act; repealing s. 447.04, F.S.,
   18         relating to licensure and permit requirements for
   19         business agents; repealing s. 447.041, F.S., relating
   20         to hearings for persons or labor organizations denied
   21         licensure as a business agent; repealing s. 447.045,
   22         F.S., relating to confidential information obtained
   23         during the application process; repealing s. 447.06,
   24         F.S., relating to required registration of labor
   25         organizations; amending s. 447.09, F.S.; deleting
   26         certain prohibited actions relating to the right of
   27         franchise of a member of a labor organization;
   28         repealing s. 447.12, F.S., relating to registration
   29         fees; repealing s. 447.16, F.S., relating to
   30         applicability; amending s. 447.305, F.S.; deleting a
   31         provision that requires notification of registrations
   32         and renewals to the Department of Business and
   33         Professional Regulation; amending s. 455.213, F.S.;
   34         requiring the department or a board to enter into
   35         reciprocal licensing agreements with other states
   36         under certain circumstances; providing requirements;
   37         amending s. 456.072, F.S.; specifying that the failure
   38         to repay certain student loans is not considered a
   39         failure to perform a statutory or legal obligation for
   40         which certain disciplinary action can be taken;
   41         conforming provisions to changes made by the act;
   42         repealing s. 456.0721, F.S., relating to health care
   43         practitioners who are in default on student loan or
   44         scholarship obligations; amending s. 456.074, F.S.;
   45         deleting a provision relating to the suspension of a
   46         license issued by the Department of Health for
   47         defaulting on certain student loans; amending s.
   48         468.385, F.S.; revising requirements relating to
   49         businesses auctioning or offering to auction property
   50         in this state; amending s. 468.603, F.S.; revising
   51         which inspectors are included in the definition of the
   52         term “categories of building code inspectors”;
   53         amending s. 468.613, F.S.; providing for waiver of
   54         specified requirements for certification under certain
   55         circumstances; amending s. 468.8314, F.S.; requiring
   56         an applicant for a license by endorsement to maintain
   57         a specified insurance policy; requiring the department
   58         to certify an applicant who holds a specified license
   59         issued by another state or territory of the United
   60         States under certain circumstances; amending s.
   61         471.015, F.S.; revising licensure requirements for
   62         engineers who hold specified licenses in another
   63         state; amending s. 473.308, F.S.; deleting continuing
   64         education requirements for license by endorsement for
   65         certified public accountants; amending s. 474.202,
   66         F.S.; revising the definition of the term “limited
   67         service veterinary medical practice” to include
   68         certain procedures; amending s. 474.207, F.S.;
   69         revising education requirements for licensure by
   70         examination; amending s. 474.217, F.S.; requiring the
   71         department to issue a license by endorsement to
   72         certain applicants who successfully complete a
   73         specified examination; amending s. 476.114, F.S.;
   74         revising training requirements for licensure as a
   75         barber; amending s. 476.144, F.S.; requiring the
   76         department to certify as qualified for licensure by
   77         endorsement an applicant who is licensed to practice
   78         barbering in another state; amending s. 477.013, F.S.;
   79         revising the definition of the term “hair braiding”;
   80         repealing s. 477.0132, F.S., relating to registration
   81         for hair braiding, hair wrapping, and body wrapping;
   82         amending s. 477.0135, F.S.; providing additional
   83         exemptions from license or registration requirements
   84         for specified occupations or practices; amending s.
   85         477.019, F.S.; deleting a provision prohibiting the
   86         Board of Cosmetology from asking for proof of certain
   87         educational hours under certain circumstances;
   88         revising requirements for certification of licensure
   89         by endorsement for a certain applicant to engage in
   90         the practice of cosmetology; conforming provisions to
   91         changes made by the act; amending s. 477.0201, F.S.;
   92         providing requirements for registration as a
   93         specialist; amending s. 477.026, F.S.; conforming
   94         provisions to changes made by the act; amending s.
   95         477.0263, F.S.; providing that certain cosmetology
   96         services may be performed in a location other than a
   97         licensed salon under certain circumstances; amending
   98         ss. 477.0265 and 477.029, F.S.; conforming provisions
   99         to changes made by the act; amending s. 481.201, F.S.;
  100         deleting legislative findings relating to the practice
  101         of interior design; amending s. 481.203, F.S.;
  102         revising and deleting definitions; amending s.
  103         481.205, F.S.; conforming provisions to changes made
  104         by the act; amending s. 481.207, F.S.; revising
  105         certain fees for interior designers; conforming
  106         provisions to changes made by the act; amending s.
  107         481.209, F.S.; providing requirements for a
  108         certificate of registration and a seal for interior
  109         designers; conforming provisions to changes made by
  110         the act; amending s. 481.213, F.S.; revising
  111         requirements for certification of licensure by
  112         endorsement for a certain licensee to engage in the
  113         practice of architecture; providing that a
  114         registration is not required for specified persons to
  115         practice; conforming provisions to changes made by the
  116         act; amending s. 481.2131, F.S.; requiring certain
  117         interior designers to include a specified seal when
  118         submitting documents for the issuance of a building
  119         permit; amending s. 481.215, F.S.; conforming
  120         provisions to changes made by the act; revising the
  121         number of hours of specified courses the board must
  122         require for the renewal of a license or certificate of
  123         registration; authoring licensees to complete certain
  124         courses online; amending s. 481.217, F.S.; conforming
  125         provisions to changes made by the act; amending s.
  126         481.219, F.S.; deleting provisions permitting the
  127         practice of or offer to practice interior design
  128         through certain business organizations; deleting
  129         provisions requiring certificates of authorization for
  130         certain business organizations offering interior
  131         design services to the public; requiring a licensee or
  132         applicant in the practice of architecture to qualify
  133         as a business organization; providing requirements;
  134         amending s. 481.221, F.S.; conforming provisions to
  135         changes made by the act; requiring registered
  136         architects and certain business organizations to
  137         display certain license numbers in specified
  138         advertisements; amending s. 481.223, F.S.; providing
  139         construction; conforming provisions to changes made by
  140         the act; amending s. 481.2251, F.S.; revising the acts
  141         that constitute grounds for disciplinary actions
  142         relating to interior designers; conforming provisions
  143         to changes made by the act; amending ss. 481.229 and
  144         481.231, F.S.; conforming provisions to changes made
  145         by the act; amending s. 481.303, F.S.; deleting the
  146         definition of the term “certificate of authorization”;
  147         amending s. 481.310, F.S.; providing that an applicant
  148         who holds certain degrees is not required to
  149         demonstrate 1 year of practical experience for
  150         licensure; amending s. 481.311, F.S.; revising
  151         requirements for certification of licensure by
  152         endorsement for a certain applicant to engage in the
  153         practice of landscape architecture; amending s.
  154         481.313, F.S.; authorizing a landscape architect to
  155         receive hour-for-hour credit for certain approved
  156         continuing education courses under certain
  157         circumstances; amending s. 481.317, F.S.; conforming
  158         provisions to changes made by the act; amending s.
  159         481.319, F.S.; deleting the requirement for a
  160         certificate of authorization; authorizing landscape
  161         architects to practice in the name of a corporation or
  162         partnership; amending s. 481.321, F.S.; requiring a
  163         landscape architect to display a certain certificate
  164         number in specified advertisements; amending s.
  165         481.329, F.S.; conforming a cross-reference; amending
  166         s. 489.103, F.S.; revising certain contract prices for
  167         exemption; amending s. 489.111, F.S.; revising
  168         provisions relating to eligibility for licensure;
  169         amending s. 489.115, F.S.; requiring the Construction
  170         Industry Licensing Board to certify any applicant who
  171         holds a specified license to practice contracting
  172         issued by another state or territory of the United
  173         States under certain circumstances; requiring such
  174         applicant to complete certain training by a specified
  175         time after receiving a license; amending s. 489.511,
  176         F.S.; requiring the board to certify as qualified for
  177         certification by endorsement any applicant who holds a
  178         specified license to practice electrical or alarm
  179         system contracting issued by another state or
  180         territory of the United States under certain
  181         circumstances; requiring such applicant to complete
  182         certain training by a specified time after receiving a
  183         license; amending s. 489.517, F.S.; providing a
  184         reduction in certain continuing education hours
  185         required for certain contractors; amending s. 489.518,
  186         F.S.; requiring a person to have completed a specified
  187         amount of training within a certain time period to
  188         perform the duties of an alarm system agent; creating
  189         s. 509.102; defining the term “mobile food dispensing
  190         vehicle”; preempting certain regulation of mobile food
  191         dispensing vehicles to the state; prohibiting certain
  192         entities from prohibiting mobile food dispensing
  193         vehicles from operating within the entirety of such
  194         entities’ jurisdictions; providing construction;
  195         amending s. 548.003, F.S.; deleting the requirement
  196         that the Florida State Boxing Commission adopt rules
  197         relating to a knockdown timekeeper; amending s.
  198         548.017, F.S.; deleting the licensure requirement for
  199         a timekeeper or an announcer; amending s. 553.5141,
  200         F.S.; conforming provisions to changes made by the
  201         act; amending s. 553.74, F.S.; revising the membership
  202         and qualifications of the Florida Building Commission;
  203         amending s. 823.15, F.S.; authorizing certain persons
  204         to implant dogs and cats with specified microchips
  205         under certain circumstances; amending ss. 558.002,
  206         559.25, and 287.055, F.S.; conforming provisions to
  207         changes made by the act; providing effective dates.
  208          
  209  Be It Enacted by the Legislature of the State of Florida:
  210  
  211         Section 1. This act may be cited as the “Occupational
  212  Freedom and Opportunity Act.”
  213         Section 2. Present subsection (4) of section 322.57,
  214  Florida Statutes, is redesignated as subsection (5), and a new
  215  subsection (4) is added to that section, to read
  216         322.57 Tests of knowledge concerning specified vehicles;
  217  endorsement; nonresidents; violations.—
  218         (4)(a)As used in this subsection, the term “servicemember”
  219  means a member of any branch of the United States military or
  220  military reserves, the United States Coast Guard or its
  221  reserves, the Florida National Guard, or the Florida Air
  222  National Guard.
  223         (b)The department shall waive the requirement to pass the
  224  Commercial Driver License Skills Tests for servicemembers and
  225  veterans if:
  226         1.The applicant has been honorably discharged from
  227  military service within 1 year of the application, if the
  228  applicant is a veteran;
  229         2.The applicant is trained as an MOS 88M Army Motor
  230  Transport Operator or similar military job specialty;
  231         3.The applicant has received training to operate large
  232  trucks in compliance with the Federal Motor Carrier Safety
  233  Administration; and
  234         4.The applicant has at least 2 years of experience in the
  235  military driving vehicles that would require a commercial driver
  236  license to operate.
  237         (c)An applicant must complete every other requirement for
  238  a commercial driver license within 1 year of receiving a waiver
  239  under paragraph (b) or the waiver is invalid.
  240         (d)The department shall adopt rules to administer this
  241  subsection.
  242         Section 3. Subsection (13) of section 326.004, Florida
  243  Statutes, is amended to read:
  244         326.004 Licensing.—
  245         (13) Each broker must maintain a principal place of
  246  business in this state and may establish branch offices in the
  247  state. A separate license must be maintained for each branch
  248  office. The division shall establish by rule a fee not to exceed
  249  $100 for each branch office license.
  250         Section 4. Subsection (3) of section 447.02, Florida
  251  Statutes, is amended to read:
  252         447.02 Definitions.—The following terms, when used in this
  253  chapter, shall have the meanings ascribed to them in this
  254  section:
  255         (3)The term “department” means the Department of Business
  256  and Professional Regulation.
  257         Section 5. Section 447.04, Florida Statutes, is repealed.
  258         Section 6. Section 447.041, Florida Statutes, is repealed.
  259         Section 7. Section 447.045, Florida Statutes, is repealed.
  260         Section 8. Section 447.06, Florida Statutes, is repealed.
  261         Section 9. Subsections (6) and (8) of section 447.09,
  262  Florida Statutes, are amended to read:
  263         447.09 Right of franchise preserved; penalties.—It shall be
  264  unlawful for any person:
  265         (6)To act as a business agent without having obtained and
  266  possessing a valid and subsisting license or permit.
  267         (8)To make any false statement in an application for a
  268  license.
  269         Section 10. Section 447.12, Florida Statutes, is repealed.
  270         Section 11. Section 447.16, Florida Statutes, is repealed.
  271         Section 12. Subsection (4) of section 447.305, Florida
  272  Statutes, is amended to read:
  273         447.305 Registration of employee organization.—
  274         (4)Notification of registrations and renewals of
  275  registration shall be furnished at regular intervals by the
  276  commission to the Department of Business and Professional
  277  Regulation.
  278         Section 13. Subsection (14) is added to section 455.213,
  279  Florida Statutes, to read:
  280         455.213 General licensing provisions.—
  281         (14)The department or a board must enter into a reciprocal
  282  licensing agreement with other states if the practice act within
  283  the purview of this chapter permits such agreement. If a
  284  reciprocal licensing agreement exists or if the department or
  285  board has determined another state’s licensing requirements or
  286  examinations to be substantially equivalent or more stringent to
  287  those under the practice act, the department or board must post
  288  on its website which jurisdictions have such reciprocal
  289  licensing agreements or substantially similar licenses.
  290         Section 14. Paragraph (k) of subsection (1) of section
  291  456.072, Florida Statutes, is amended to read:
  292         456.072 Grounds for discipline; penalties; enforcement.—
  293         (1) The following acts shall constitute grounds for which
  294  the disciplinary actions specified in subsection (2) may be
  295  taken:
  296         (k) Failing to perform any statutory or legal obligation
  297  placed upon a licensee. For purposes of this section, failing to
  298  repay a student loan issued or guaranteed by the state or the
  299  Federal Government in accordance with the terms of the loan is
  300  not or failing to comply with service scholarship obligations
  301  shall be considered a failure to perform a statutory or legal
  302  obligation, and the minimum disciplinary action imposed shall be
  303  a suspension of the license until new payment terms are agreed
  304  upon or the scholarship obligation is resumed, followed by
  305  probation for the duration of the student loan or remaining
  306  scholarship obligation period, and a fine equal to 10 percent of
  307  the defaulted loan amount. Fines collected shall be deposited
  308  into the Medical Quality Assurance Trust Fund.
  309         Section 15. Section 456.0721, Florida Statutes, is
  310  repealed.
  311         Section 16. Subsection (4) of section 456.074, Florida
  312  Statutes, is amended to read:
  313         456.074 Certain health care practitioners; immediate
  314  suspension of license.—
  315         (4)Upon receipt of information that a Florida-licensed
  316  health care practitioner has defaulted on a student loan issued
  317  or guaranteed by the state or the Federal Government, the
  318  department shall notify the licensee by certified mail that he
  319  or she shall be subject to immediate suspension of license
  320  unless, within 45 days after the date of mailing, the licensee
  321  provides proof that new payment terms have been agreed upon by
  322  all parties to the loan. The department shall issue an emergency
  323  order suspending the license of any licensee who, after 45 days
  324  following the date of mailing from the department, has failed to
  325  provide such proof. Production of such proof shall not prohibit
  326  the department from proceeding with disciplinary action against
  327  the licensee pursuant to s. 456.073.
  328         Section 17. Paragraph (b) of subsection (7) of section
  329  468.385, Florida Statutes, is amended to read:
  330         468.385 Licenses required; qualifications; examination.—
  331         (7)
  332         (b) A No business may not shall auction or offer to auction
  333  any property in this state unless it is owned by an auctioneer
  334  who is licensed as an auction business by the department board
  335  or is exempt from licensure under this act. Each application for
  336  licensure must shall include the names of the owner and the
  337  business, the business mailing address and location, and any
  338  other information which the board may require. The owner of an
  339  auction business shall report to the board within 30 days of any
  340  change in this required information.
  341         Section 18. Paragraph (f) of subsection (5) of section
  342  468.603, Florida Statutes, is amended to read:
  343         468.603 Definitions.—As used in this part:
  344         (5) “Categories of building code inspectors” include the
  345  following:
  346         (f) “Residential One and two family dwelling inspector”
  347  means a person who is qualified to inspect and determine that
  348  one-family, two-family, or three-family residences not exceeding
  349  two habitable stories above no more than one uninhabitable story
  350  and accessory use structures in connection therewith one and two
  351  family dwellings and accessory structures are constructed in
  352  accordance with the provisions of the governing building,
  353  plumbing, mechanical, accessibility, and electrical codes.
  354         Section 19. Section 468.613, Florida Statutes, is amended
  355  to read:
  356         468.613 Certification by endorsement.—The board shall
  357  examine other certification or training programs, as applicable,
  358  upon submission to the board for its consideration of an
  359  application for certification by endorsement. The board shall
  360  waive its examination, qualification, education, or training
  361  requirements, to the extent that such examination,
  362  qualification, education, or training requirements of the
  363  applicant are determined by the board to be comparable with
  364  those established by the board. The board shall waive its
  365  examination, qualification, education, or training requirements
  366  if an applicant for certification by endorsement is at least 18
  367  years of age; is of good moral character; has held a valid
  368  building administrator, inspector, plans examiner, or the
  369  equivalent, certification issued by another state or territory
  370  of the United States for at least 10 years before the date of
  371  application; and has successfully passed an applicable
  372  examination administered by the International Code Council. Such
  373  application must be made either when the license in another
  374  state or territory is active or within 2 years after such
  375  license was last active.
  376         Section 20. Subsection (3) of section 468.8314, Florida
  377  Statutes, is amended to read:
  378         468.8314 Licensure.—
  379         (3) The department shall certify as qualified for a license
  380  by endorsement an applicant who is of good moral character as
  381  determined in s. 468.8313, who maintains an insurance policy as
  382  required by s. 468.8322, and who:;
  383         (a) Holds a valid license to practice home inspection
  384  services in another state or territory of the United States,
  385  whose educational requirements are substantially equivalent to
  386  those required by this part; and has passed a national,
  387  regional, state, or territorial licensing examination that is
  388  substantially equivalent to the examination required by this
  389  part; or
  390         (b) Has held a valid license to practice home inspection
  391  services issued by another state or territory of the United
  392  States for at least 10 years before the date of application.
  393  Such application must be made either when the license in another
  394  state or territory is active or within 2 years after such
  395  license was last active.
  396         Section 21. Subsection (5) of section 471.015, Florida
  397  Statutes, is amended to read:
  398         471.015 Licensure.—
  399         (5)(a) The board shall deem that an applicant who seeks
  400  licensure by endorsement has passed an examination substantially
  401  equivalent to the fundamentals examination when such applicant
  402  has held a valid professional engineer’s license in another
  403  state for 10 15 years and has had 20 years of continuous
  404  professional-level engineering experience.
  405         (b) The board shall deem that an applicant who seeks
  406  licensure by endorsement has passed an examination substantially
  407  equivalent to the fundamentals examination and the principles
  408  and practices examination when such applicant has held a valid
  409  professional engineer’s license in another state for 15 25 years
  410  and has had 30 years of continuous professional-level
  411  engineering experience.
  412         Section 22. Subsection (7) of section 473.308, Florida
  413  Statutes, is amended to read:
  414         473.308 Licensure.—
  415         (7) The board shall certify as qualified for a license by
  416  endorsement an applicant who:
  417         (a)1. Is not licensed and has not been licensed in another
  418  state or territory and who has met the requirements of this
  419  section for education, work experience, and good moral character
  420  and has passed a national, regional, state, or territorial
  421  licensing examination that is substantially equivalent to the
  422  examination required by s. 473.306; or and
  423         2.Has completed such continuing education courses as the
  424  board deems appropriate, within the limits for each applicable
  425  2-year period as set forth in s. 473.312, but at least such
  426  courses as are equivalent to the continuing education
  427  requirements for a Florida certified public accountant licensed
  428  in this state during the 2 years immediately preceding her or
  429  his application for licensure by endorsement; or
  430         (b)1.a. Holds a valid license to practice public accounting
  431  issued by another state or territory of the United States, if
  432  the criteria for issuance of such license were substantially
  433  equivalent to the licensure criteria that existed in this state
  434  at the time the license was issued;
  435         2.b. Holds a valid license to practice public accounting
  436  issued by another state or territory of the United States but
  437  the criteria for issuance of such license did not meet the
  438  requirements of subparagraph 1. sub-subparagraph a.; has met the
  439  requirements of this section for education, work experience, and
  440  good moral character; and has passed a national, regional,
  441  state, or territorial licensing examination that is
  442  substantially equivalent to the examination required by s.
  443  473.306; or
  444         3.c. Holds a valid license to practice public accounting
  445  issued by another state or territory of the United States for at
  446  least 10 years before the date of application; has passed a
  447  national, regional, state, or territorial licensing examination
  448  that is substantially equivalent to the examination required by
  449  s. 473.306; and has met the requirements of this section for
  450  good moral character; and
  451         2.Has completed continuing education courses that are
  452  equivalent to the continuing education requirements for a
  453  Florida certified public accountant licensed in this state
  454  during the 2 years immediately preceding her or his application
  455  for licensure by endorsement.
  456         Section 23. Subsection (6) of section 474.202, Florida
  457  Statutes, is amended to read:
  458         474.202 Definitions.—As used in this chapter:
  459         (6) “Limited-service veterinary medical practice” means
  460  offering or providing veterinary services at any location that
  461  has a primary purpose other than that of providing veterinary
  462  medical service at a permanent or mobile establishment permitted
  463  by the board; provides veterinary medical services for privately
  464  owned animals that do not reside at that location; operates for
  465  a limited time; and provides limited types of veterinary medical
  466  services, including vaccinations or immunizations against
  467  disease, preventative procedures for parasitic control, and
  468  microchipping.
  469         Section 24. Paragraph (b) of subsection (2) of section
  470  474.207, Florida Statutes, is amended to read:
  471         474.207 Licensure by examination.—
  472         (2) The department shall license each applicant who the
  473  board certifies has:
  474         (b)1. Graduated from a college of veterinary medicine
  475  accredited by the American Veterinary Medical Association
  476  Council on Education; or
  477         2. Graduated from a college of veterinary medicine listed
  478  in the American Veterinary Medical Association Roster of
  479  Veterinary Colleges of the World and obtained a certificate from
  480  the Education Commission for Foreign Veterinary Graduates or the
  481  Program for the Assessment of Veterinary Education Equivalence.
  482  
  483  The department shall not issue a license to any applicant who is
  484  under investigation in any state or territory of the United
  485  States or in the District of Columbia for an act which would
  486  constitute a violation of this chapter until the investigation
  487  is complete and disciplinary proceedings have been terminated,
  488  at which time the provisions of s. 474.214 shall apply.
  489         Section 25. Subsection (1) of section 474.217, Florida
  490  Statutes, is amended to read:
  491         474.217 Licensure by endorsement.—
  492         (1) The department shall issue a license by endorsement to
  493  any applicant who, upon applying to the department and remitting
  494  a fee set by the board, demonstrates to the board that she or
  495  he:
  496         (a) Has demonstrated, in a manner designated by rule of the
  497  board, knowledge of the laws and rules governing the practice of
  498  veterinary medicine in this state; and
  499         (b)1. Either Holds, and has held for the 3 years
  500  immediately preceding the application for licensure, a valid,
  501  active license to practice veterinary medicine in another state
  502  of the United States, the District of Columbia, or a territory
  503  of the United States, provided that the applicant has
  504  successfully completed a state, regional, national, or other
  505  examination that is equivalent to or more stringent than the
  506  examination required by the board requirements for licensure in
  507  the issuing state, district, or territory are equivalent to or
  508  more stringent than the requirements of this chapter; or
  509         2. Meets the qualifications of s. 474.207(2)(b) and has
  510  successfully completed a state, regional, national, or other
  511  examination which is equivalent to or more stringent than the
  512  examination given by the department and has passed the board’s
  513  clinical competency examination or another clinical competency
  514  examination specified by rule of the board.
  515         Section 26. Subsection (2) of section 476.114, Florida
  516  Statutes, is amended to read:
  517         476.114 Examination; prerequisites.—
  518         (2) An applicant shall be eligible for licensure by
  519  examination to practice barbering if the applicant:
  520         (a) Is at least 16 years of age;
  521         (b) Pays the required application fee; and
  522         (c)1. Holds an active valid license to practice barbering
  523  in another state, has held the license for at least 1 year, and
  524  does not qualify for licensure by endorsement as provided for in
  525  s. 476.144(5); or
  526         2. Has received a minimum of 900 1,200 hours of training in
  527  sanitation, safety, and laws and rules, as established by the
  528  board, which shall include, but shall not be limited to, the
  529  equivalent of completion of services directly related to the
  530  practice of barbering at one of the following:
  531         a. A school of barbering licensed pursuant to chapter 1005;
  532         b. A barbering program within the public school system; or
  533         c. A government-operated barbering program in this state.
  534  
  535  The board shall establish by rule procedures whereby the school
  536  or program may certify that a person is qualified to take the
  537  required examination after the completion of a minimum of 600
  538  1,000 actual school hours. If the person passes the examination,
  539  she or he shall have satisfied this requirement; but if the
  540  person fails the examination, she or he shall not be qualified
  541  to take the examination again until the completion of the full
  542  requirements provided by this section.
  543         Section 27. Subsection (5) of section 476.144, Florida
  544  Statutes, is amended to read:
  545         476.144 Licensure.—
  546         (5) The board shall certify as qualified for licensure by
  547  endorsement as a barber in this state an applicant who holds a
  548  current active license to practice barbering in another state.
  549  The board shall adopt rules specifying procedures for the
  550  licensure by endorsement of practitioners desiring to be
  551  licensed in this state who hold a current active license in
  552  another state or country and who have met qualifications
  553  substantially similar to, equivalent to, or greater than the
  554  qualifications required of applicants from this state.
  555         Section 28. Subsection (9) of section 477.013, Florida
  556  Statutes, is amended to read:
  557         477.013 Definitions.—As used in this chapter:
  558         (9) “Hair braiding” means the weaving or interweaving of
  559  natural human hair or commercial hair, including the use of hair
  560  extensions or wefts, for compensation without cutting, coloring,
  561  permanent waving, relaxing, removing, or chemical treatment and
  562  does not include the use of hair extensions or wefts.
  563         Section 29. Section 477.0132, Florida Statutes, is
  564  repealed.
  565         Section 30. Subsections (7) through (10) are added to
  566  section 477.0135, Florida Statutes, to read:
  567         477.0135 Exemptions.—
  568         (7)A license or registration is not required for a person
  569  whose occupation or practice is confined solely to hair braiding
  570  as defined in s. 477.013(9).
  571         (8)A license or registration is not required for a person
  572  whose occupation or practice is confined solely to hair wrapping
  573  as defined in s. 477.013(10).
  574         (9)A license or registration is not required for a person
  575  whose occupation or practice is confined solely to body wrapping
  576  as defined in s. 477.013(12).
  577         (10)A license or registration is not required for a person
  578  whose occupation or practice is confined solely to applying
  579  polish to fingernails and toenails.
  580         Section 31. Subsections (6) and (7) of section 477.019,
  581  Florida Statutes, are amended to read:
  582         477.019 Cosmetologists; qualifications; licensure;
  583  supervised practice; license renewal; endorsement; continuing
  584  education.—
  585         (6) The board shall certify as qualified for licensure by
  586  endorsement as a cosmetologist in this state an applicant who
  587  holds a current active license to practice cosmetology in
  588  another state and who has completed a 2-hour course approved by
  589  the board on human immunodeficiency virus and acquired immune
  590  deficiency syndrome. The board may not require proof of
  591  educational hours if the license was issued in a state that
  592  requires 1,200 or more hours of prelicensure education and
  593  passage of a written examination. This subsection does not apply
  594  to applicants who received their license in another state
  595  through an apprenticeship program.
  596         (7)(a) The board shall prescribe by rule continuing
  597  education requirements intended to ensure protection of the
  598  public through updated training of licensees and registered
  599  specialists, not to exceed 10 16 hours biennially, as a
  600  condition for renewal of a license or registration as a
  601  specialist under this chapter. Continuing education courses
  602  shall include, but not be limited to, the following subjects as
  603  they relate to the practice of cosmetology: human
  604  immunodeficiency virus and acquired immune deficiency syndrome;
  605  Occupational Safety and Health Administration regulations;
  606  workers’ compensation issues; state and federal laws and rules
  607  as they pertain to cosmetologists, cosmetology, salons,
  608  specialists, specialty salons, and booth renters; chemical
  609  makeup as it pertains to hair, skin, and nails; and
  610  environmental issues. Courses given at cosmetology conferences
  611  may be counted toward the number of continuing education hours
  612  required if approved by the board.
  613         (b) Any person whose occupation or practice is confined
  614  solely to hair braiding, hair wrapping, or body wrapping is
  615  exempt from the continuing education requirements of this
  616  subsection.
  617         (c) The board may, by rule, require any licensee in
  618  violation of a continuing education requirement to take a
  619  refresher course or refresher course and examination in addition
  620  to any other penalty. The number of hours for the refresher
  621  course may not exceed 48 hours.
  622         Section 32. Subsection (1) of section 477.0201, Florida
  623  Statutes, is amended to read:
  624         477.0201 Specialty registration; qualifications;
  625  registration renewal; endorsement.—
  626         (1) Any person is qualified for registration as a
  627  specialist in any one or more of the specialty practice
  628  practices within the practice of cosmetology under this chapter
  629  who:
  630         (a) Is at least 16 years of age or has received a high
  631  school diploma.
  632         (b) Has received a certificate of completion for: in a
  633         1.One hundred and eighty hours of training, as established
  634  by the board, which shall focus primarily on sanitation and
  635  safety, to practice specialties as defined in s. 477.013(6)(a)
  636  and (b); specialty pursuant to s. 477.013(6)
  637         2.Two hundred and twenty hours of training, as established
  638  by the board, which shall focus primarily on sanitation and
  639  safety, to practice the specialty as defined in s.
  640  477.013(6)(c); or
  641         3.Four hundred hours of training or the number of hours of
  642  training required to maintain minimum Pell Grant requirements,
  643  as established by the board, which shall focus primarily on
  644  sanitation and safety, to practice the specialties as defined in
  645  s. 477.013(6)(a)-(c).
  646         (c)The certificate of completion specified in paragraph
  647  (b) must be from one of the following:
  648         1. A school licensed pursuant to s. 477.023.
  649         2. A school licensed pursuant to chapter 1005 or the
  650  equivalent licensing authority of another state.
  651         3. A specialty program within the public school system.
  652         4. A specialty division within the Cosmetology Division of
  653  the Florida School for the Deaf and the Blind, provided the
  654  training programs comply with minimum curriculum requirements
  655  established by the board.
  656         Section 33. Paragraph (f) of subsection (1) of section
  657  477.026, Florida Statutes, is amended to read:
  658         477.026 Fees; disposition.—
  659         (1) The board shall set fees according to the following
  660  schedule:
  661         (f)For hair braiders, hair wrappers, and body wrappers,
  662  fees for registration shall not exceed $25.
  663         Section 34. Subsection (4) of section 477.0263, Florida
  664  Statutes, is amended, and subsection (5) is added to that
  665  section, to read:
  666         477.0263 Cosmetology services to be performed in licensed
  667  salon; exceptions.—
  668         (4) Pursuant to rules adopted by the board, any cosmetology
  669  or specialty service may be performed in a location other than a
  670  licensed salon when the service is performed in connection with
  671  a special event and is performed by a person who is employed by
  672  a licensed salon and who holds the proper license or specialty
  673  registration. An appointment for the performance of any such
  674  service in a location other than a licensed salon must be made
  675  through a licensed salon.
  676         (5)Hair shampooing, hair cutting, hair arranging, makeup
  677  application, nail polish removal, nail filing, nail buffing, and
  678  nail cleansing may be performed in a location other than a
  679  licensed salon when the service is performed by a person who
  680  holds the proper license.
  681         Section 35. Paragraph (f) of subsection (1) of section
  682  477.0265, Florida Statutes, is amended to read:
  683         477.0265 Prohibited acts.—
  684         (1) It is unlawful for any person to:
  685         (f) Advertise or imply that skin care services or body
  686  wrapping, as performed under this chapter, have any relationship
  687  to the practice of massage therapy as defined in s. 480.033(3),
  688  except those practices or activities defined in s. 477.013.
  689         Section 36. Paragraph (a) of subsection (1) of section
  690  477.029, Florida Statutes, is amended to read:
  691         477.029 Penalty.—
  692         (1) It is unlawful for any person to:
  693         (a) Hold himself or herself out as a cosmetologist or,
  694  specialist, hair wrapper, hair braider, or body wrapper unless
  695  duly licensed or registered, or otherwise authorized, as
  696  provided in this chapter.
  697         Section 37. Section 481.201, Florida Statutes, is amended
  698  to read:
  699         481.201 Purpose.—The primary legislative purpose for
  700  enacting this part is to ensure that every architect practicing
  701  in this state meets minimum requirements for safe practice. It
  702  is the legislative intent that architects who fall below minimum
  703  competency or who otherwise present a danger to the public shall
  704  be prohibited from practicing in this state. The Legislature
  705  further finds that it is in the interest of the public to limit
  706  the practice of interior design to interior designers or
  707  architects who have the design education and training required
  708  by this part or to persons who are exempted from the provisions
  709  of this part.
  710         Section 38. Section 481.203, Florida Statutes, is amended
  711  to read:
  712         481.203 Definitions.—As used in this part, the term:
  713         (3)(1) “Board” means the Board of Architecture and Interior
  714  Design.
  715         (7)(2) “Department” means the Department of Business and
  716  Professional Regulation.
  717         (1)(3) “Architect” or “registered architect” means a
  718  natural person who is licensed under this part to engage in the
  719  practice of architecture.
  720         (5)(4) “Certificate of registration” means a license or
  721  registration issued by the department to a natural person to
  722  engage in the practice of architecture or interior design.
  723         (4)(5)“Business organization” means a partnership, a
  724  limited liability company, a corporation, or an individual
  725  operating under a fictitious name “Certificate of authorization”
  726  means a certificate issued by the department to a corporation or
  727  partnership to practice architecture or interior design.
  728         (2)(6) “Architecture” means the rendering or offering to
  729  render services in connection with the design and construction
  730  of a structure or group of structures which have as their
  731  principal purpose human habitation or use, and the utilization
  732  of space within and surrounding such structures. These services
  733  include planning, providing preliminary study designs, drawings
  734  and specifications, job-site inspection, and administration of
  735  construction contracts.
  736         (16)(7) “Townhouse” is a single-family dwelling unit not
  737  exceeding three stories in height which is constructed in a
  738  series or group of attached units with property lines separating
  739  such units. Each townhouse shall be considered a separate
  740  building and shall be separated from adjoining townhouses by the
  741  use of separate exterior walls meeting the requirements for zero
  742  clearance from property lines as required by the type of
  743  construction and fire protection requirements; or shall be
  744  separated by a party wall; or may be separated by a single wall
  745  meeting the following requirements:
  746         (a) Such wall shall provide not less than 2 hours of fire
  747  resistance. Plumbing, piping, ducts, or electrical or other
  748  building services shall not be installed within or through the
  749  2-hour wall unless such materials and methods of penetration
  750  have been tested in accordance with the Standard Building Code.
  751         (b) Such wall shall extend from the foundation to the
  752  underside of the roof sheathing, and the underside of the roof
  753  shall have at least 1 hour of fire resistance for a width not
  754  less than 4 feet on each side of the wall.
  755         (c) Each dwelling unit sharing such wall shall be designed
  756  and constructed to maintain its structural integrity independent
  757  of the unit on the opposite side of the wall.
  758         (10)(8) “Interior design” means designs, consultations,
  759  studies, drawings, specifications, and administration of design
  760  construction contracts relating to nonstructural interior
  761  elements of a building or structure. “Interior design” includes,
  762  but is not limited to, reflected ceiling plans, space planning,
  763  furnishings, and the fabrication of nonstructural elements
  764  within and surrounding interior spaces of buildings. “Interior
  765  design” specifically excludes the design of or the
  766  responsibility for architectural and engineering work, except
  767  for specification of fixtures and their location within interior
  768  spaces. As used in this subsection, “architectural and
  769  engineering interior construction relating to the building
  770  systems” includes, but is not limited to, construction of
  771  structural, mechanical, plumbing, heating, air-conditioning,
  772  ventilating, electrical, or vertical transportation systems, or
  773  construction which materially affects lifesafety systems
  774  pertaining to firesafety protection such as fire-rated
  775  separations between interior spaces, fire-rated vertical shafts
  776  in multistory structures, fire-rated protection of structural
  777  elements, smoke evacuation and compartmentalization, emergency
  778  ingress or egress systems, and emergency alarm systems.
  779         (13)(9) “Registered interior designer” or “interior
  780  designer” means a natural person who holds a valid certificate
  781  of registration to practice interior design is licensed under
  782  this part.
  783         (11)(10) “Nonstructural element” means an element which
  784  does not require structural bracing and which is something other
  785  than a load-bearing wall, load-bearing column, or other load
  786  bearing element of a building or structure which is essential to
  787  the structural integrity of the building.
  788         (12)(11) “Reflected ceiling plan” means a ceiling design
  789  plan which is laid out as if it were projected downward and
  790  which may include lighting and other elements.
  791         (15)(12) “Space planning” means the analysis, programming,
  792  or design of spatial requirements, including preliminary space
  793  layouts and final planning.
  794         (6)(13) “Common area” means an area that is held out for
  795  use by all tenants or owners in a multiple-unit dwelling,
  796  including, but not limited to, a lobby, elevator, hallway,
  797  laundry room, clubhouse, or swimming pool.
  798         (8)(14) “Diversified interior design experience” means
  799  experience which substantially encompasses the various elements
  800  of interior design services set forth under the definition of
  801  “interior design” in subsection (10)(8).
  802         (9)(15) “Interior decorator services” includes the
  803  selection or assistance in selection of surface materials,
  804  window treatments, wallcoverings, paint, floor coverings,
  805  surface-mounted lighting, surface-mounted fixtures, and loose
  806  furnishings not subject to regulation under applicable building
  807  codes.
  808         (14)(16) “Responsible supervising control” means the
  809  exercise of direct personal supervision and control throughout
  810  the preparation of documents, instruments of service, or any
  811  other work requiring the seal and signature of a licensee under
  812  this part.
  813         Section 39. Paragraph (a) of subsection (3) of section
  814  481.205, Florida Statutes, is amended to read:
  815         481.205 Board of Architecture and Interior Design.—
  816         (3)(a) Notwithstanding the provisions of ss. 455.225,
  817  455.228, and 455.32, the duties and authority of the department
  818  to receive complaints and investigate and discipline persons
  819  licensed or registered under this part, including the ability to
  820  determine legal sufficiency and probable cause; to initiate
  821  proceedings and issue final orders for summary suspension or
  822  restriction of a license or certificate of registration pursuant
  823  to s. 120.60(6); to issue notices of noncompliance, notices to
  824  cease and desist, subpoenas, and citations; to retain legal
  825  counsel, investigators, or prosecutorial staff in connection
  826  with the licensed practice of architecture or registered and
  827  interior design; and to investigate and deter the unlicensed
  828  practice of architecture and interior design as provided in s.
  829  455.228 are delegated to the board. All complaints and any
  830  information obtained pursuant to an investigation authorized by
  831  the board are confidential and exempt from s. 119.07(1) as
  832  provided in s. 455.225(2) and (10).
  833         Section 40. Section 481.207, Florida Statutes, is amended
  834  to read:
  835         481.207 Fees.—The board, by rule, may establish separate
  836  fees for architects and registered interior designers, to be
  837  paid for applications, examination, reexamination, licensing and
  838  renewal, delinquency, reinstatement, and recordmaking and
  839  recordkeeping. The examination fee shall be in an amount that
  840  covers the cost of obtaining and administering the examination
  841  and shall be refunded if the applicant is found ineligible to
  842  sit for the examination. The application fee is nonrefundable.
  843  The fee for initial application and examination for architects
  844  and interior designers may not exceed $775 plus the actual per
  845  applicant cost to the department for purchase of the examination
  846  from the National Council of Architectural Registration Boards
  847  or the National Council of Interior Design Qualifications,
  848  respectively, or similar national organizations. The initial
  849  nonrefundable fee for registered interior designers may not
  850  exceed $75. The biennial renewal fee for architects may not
  851  exceed $200. The biennial renewal fee for registered interior
  852  designers may not exceed $75 $500. The delinquency fee may not
  853  exceed the biennial renewal fee established by the board for an
  854  active license. The board shall establish fees that are adequate
  855  to ensure the continued operation of the board and to fund the
  856  proportionate expenses incurred by the department which are
  857  allocated to the regulation of architects and registered
  858  interior designers. Fees shall be based on department estimates
  859  of the revenue required to implement this part and the
  860  provisions of law with respect to the regulation of architects
  861  and interior designers.
  862         Section 41. Section 481.209, Florida Statutes, is amended
  863  to read:
  864         481.209 Examinations.—
  865         (1) A person desiring to be licensed as a registered
  866  architect by initial examination shall apply to the department,
  867  complete the application form, and remit a nonrefundable
  868  application fee. The department shall license any applicant who
  869  the board certifies:
  870         (a) has passed the licensure examination prescribed by
  871  board rule; and
  872         (b) is a graduate of a school or college of architecture
  873  with a program accredited by the National Architectural
  874  Accreditation Board.
  875         (2) A person seeking to obtain a certificate of
  876  registration as a registered interior designer and a seal
  877  pursuant to s. 481.221 must provide the department with his or
  878  her name and address and written proof that he or she has
  879  successfully passed the qualification examination prescribed by
  880  the Council for Interior Design Qualification or its successor
  881  entity or the California Council for Interior Design
  882  Certification or its successor entity, or has successfully
  883  passed an equivalent exam as determined by the department A
  884  person desiring to be licensed as a registered interior designer
  885  shall apply to the department for licensure. The department
  886  shall administer the licensure examination for interior
  887  designers to each applicant who has completed the application
  888  form and remitted the application and examination fees specified
  889  in s. 481.207 and who the board certifies:
  890         (a)Is a graduate from an interior design program of 5
  891  years or more and has completed 1 year of diversified interior
  892  design experience;
  893         (b)Is a graduate from an interior design program of 4
  894  years or more and has completed 2 years of diversified interior
  895  design experience;
  896         (c)Has completed at least 3 years in an interior design
  897  curriculum and has completed 3 years of diversified interior
  898  design experience; or
  899         (d)Is a graduate from an interior design program of at
  900  least 2 years and has completed 4 years of diversified interior
  901  design experience.
  902  
  903  Subsequent to October 1, 2000, for the purpose of having the
  904  educational qualification required under this subsection
  905  accepted by the board, the applicant must complete his or her
  906  education at a program, school, or college of interior design
  907  whose curriculum has been approved by the board as of the time
  908  of completion. Subsequent to October 1, 2003, all of the
  909  required amount of educational credits shall have been obtained
  910  in a program, school, or college of interior design whose
  911  curriculum has been approved by the board, as of the time each
  912  educational credit is gained. The board shall adopt rules
  913  providing for the review and approval of programs, schools, and
  914  colleges of interior design and courses of interior design study
  915  based on a review and inspection by the board of the curriculum
  916  of programs, schools, and colleges of interior design in the
  917  United States, including those programs, schools, and colleges
  918  accredited by the Foundation for Interior Design Education
  919  Research. The board shall adopt rules providing for the review
  920  and approval of diversified interior design experience required
  921  by this subsection.
  922         Section 42. Section 481.213, Florida Statutes, is amended
  923  to read:
  924         481.213 Licensure and registration.—
  925         (1) The department shall license or register any applicant
  926  who the board certifies is qualified for licensure or
  927  registration and who has paid the initial licensure or
  928  registration fee. Licensure as an architect under this section
  929  shall be deemed to include all the rights and privileges of
  930  registration licensure as an interior designer under this
  931  section.
  932         (2) The board shall certify for licensure or registration
  933  by examination any applicant who passes the prescribed licensure
  934  or registration examination and satisfies the requirements of
  935  ss. 481.209 and 481.211, for architects, or the requirements of
  936  s. 481.209, for interior designers.
  937         (3) The board shall certify as qualified for a license by
  938  endorsement as an architect or registration as a registered an
  939  interior designer an applicant who:
  940         (a) Qualifies to take the prescribed licensure or
  941  registration examination, and has passed the prescribed
  942  licensure registration examination or a substantially equivalent
  943  examination in another jurisdiction, as set forth in s. 481.209
  944  for architects or registered interior designers, as applicable,
  945  and has satisfied the internship requirements set forth in s.
  946  481.211 for architects;
  947         (b) Holds a valid license to practice architecture or a
  948  license, registration, or certification to practice interior
  949  design issued by another jurisdiction of the United States, if
  950  the criteria for issuance of such license were substantially
  951  equivalent to the licensure criteria that existed in this state
  952  at the time the license was issued; provided, however, that an
  953  applicant who has been licensed for use of the title “interior
  954  design” rather than licensed to practice interior design shall
  955  not qualify hereunder; or
  956         (c) Has passed the prescribed licensure examination and
  957  holds a valid certificate issued by the National Council of
  958  Architectural Registration Boards, and holds a valid license to
  959  practice architecture issued by another state or jurisdiction of
  960  the United States.
  961  
  962  An architect who is licensed in another state who seeks
  963  qualification for license by endorsement under this subsection
  964  must complete a class approved by the board on the Florida
  965  Building Code.
  966         (4) The board may refuse to certify any applicant who has
  967  violated any of the provisions of s. 481.223, s. 481.225, or s.
  968  481.2251, as applicable.
  969         (5) The board may refuse to certify any applicant who is
  970  under investigation in any jurisdiction for any act which would
  971  constitute a violation of this part or of chapter 455 until such
  972  time as the investigation is complete and disciplinary
  973  proceedings have been terminated.
  974         (6) The board shall adopt rules to implement the provisions
  975  of this part relating to the examination, internship, and
  976  licensure of applicants.
  977         (7) For persons whose licensure requires satisfaction of
  978  the requirements of ss. 481.209 and 481.211, the board shall, by
  979  rule, establish qualifications for certification of such persons
  980  as special inspectors of threshold buildings, as defined in ss.
  981  553.71 and 553.79, and shall compile a list of persons who are
  982  certified. A special inspector is not required to meet standards
  983  for certification other than those established by the board, and
  984  the fee owner of a threshold building may not be prohibited from
  985  selecting any person certified by the board to be a special
  986  inspector. The board shall develop minimum qualifications for
  987  the qualified representative of the special inspector who is
  988  authorized under s. 553.79 to perform inspections of threshold
  989  buildings on behalf of the special inspector.
  990         (8)A certificate of registration is not required for a
  991  person whose occupation or practice is confined to interior
  992  decorator services or for a person whose occupation or practice
  993  is confined to interior design except as required in this part.
  994         Section 43. Subsection (1) of section 481.2131, Florida
  995  Statutes, is amended to read:
  996         481.2131 Interior design; practice requirements; disclosure
  997  of compensation for professional services.—
  998         (1) A registered interior designer is authorized to perform
  999  “interior design” as defined in s. 481.203. Interior design
 1000  documents prepared by a registered interior designer shall
 1001  contain a statement that the document is not an architectural or
 1002  engineering study, drawing, specification, or design and is not
 1003  to be used for construction of any load-bearing columns, load
 1004  bearing framing or walls of structures, or issuance of any
 1005  building permit, except as otherwise provided by law. Interior
 1006  design documents that are prepared and sealed by a registered
 1007  interior designer must may, if required by a permitting body, be
 1008  accepted by the permitting body be submitted for the issuance of
 1009  a building permit for interior construction excluding design of
 1010  any structural, mechanical, plumbing, heating, air-conditioning,
 1011  ventilating, electrical, or vertical transportation systems or
 1012  that materially affect lifesafety systems pertaining to
 1013  firesafety protection such as fire-rated separations between
 1014  interior spaces, fire-rated vertical shafts in multistory
 1015  structures, fire-rated protection of structural elements, smoke
 1016  evacuation and compartmentalization, emergency ingress or egress
 1017  systems, and emergency alarm systems. Interior design documents
 1018  submitted for the issuance of a building permit by an individual
 1019  performing interior design services who is not a licensed
 1020  architect must include a seal issued by the department and in
 1021  conformance with the requirements of s. 481.221.
 1022         Section 44. Section 481.215, Florida Statutes, is amended
 1023  to read:
 1024         481.215 Renewal of license or certificate of registration.—
 1025         (1) Subject to the requirement of subsection (3), the
 1026  department shall renew a license or certificate of registration
 1027  upon receipt of the renewal application and renewal fee.
 1028         (2) The department shall adopt rules establishing a
 1029  procedure for the biennial renewal of licenses and certificates
 1030  of registration.
 1031         (3) A No license or certificate of registration renewal may
 1032  not shall be issued to an architect or a registered an interior
 1033  designer by the department until the licensee or registrant
 1034  submits proof satisfactory to the department that, during the 2
 1035  years before prior to application for renewal, the licensee or
 1036  registrant participated per biennium in not less than 20 hours
 1037  of at least 50 minutes each per biennium of continuing education
 1038  approved by the board. The board shall approve only continuing
 1039  education that builds upon the basic knowledge of architecture
 1040  or interior design. The board may make exception from the
 1041  requirements of continuing education in emergency or hardship
 1042  cases.
 1043         (4) The board shall by rule establish criteria for the
 1044  approval of continuing education courses and providers and shall
 1045  by rule establish criteria for accepting alternative
 1046  nonclassroom continuing education on an hour-for-hour basis.
 1047         (5) For architects, the board shall require, by rule
 1048  adopted pursuant to ss. 120.536(1) and 120.54, 2 a specified
 1049  number of hours in specialized or advanced courses, approved by
 1050  the Florida Building Commission, on any portion of the Florida
 1051  Building Code, adopted pursuant to part IV of chapter 553,
 1052  relating to the licensee’s respective area of practice. Such
 1053  hours count towards the continuing education hours required
 1054  under subsection (3). A licensee may complete the courses
 1055  required under this subsection online.
 1056         Section 45. Section 481.217, Florida Statutes, is amended
 1057  to read:
 1058         481.217 Inactive status.—
 1059         (1) The board may prescribe by rule continuing education
 1060  requirements as a condition of reactivating a license. The rules
 1061  may not require more than one renewal cycle of continuing
 1062  education to reactivate a license or registration for a
 1063  registered architect or registered interior designer. For
 1064  interior design, the board may approve only continuing education
 1065  that builds upon the basic knowledge of interior design.
 1066         (2) The board shall adopt rules relating to application
 1067  procedures for inactive status and for the reactivation of
 1068  inactive licenses and registrations.
 1069         Section 46. Section 481.219, Florida Statutes, is amended
 1070  to read:
 1071         481.219 Qualification of business organizations
 1072  certification of partnerships, limited liability companies, and
 1073  corporations.—
 1074         (1) A licensee may The practice of or the offer to practice
 1075  architecture or interior design by licensees through a qualified
 1076  business organization that offers corporation, limited liability
 1077  company, or partnership offering architectural or interior
 1078  design services to the public, or by a corporation, limited
 1079  liability company, or partnership offering architectural or
 1080  interior design services to the public through licensees under
 1081  this part as agents, employees, officers, or partners, is
 1082  permitted, subject to the provisions of this section.
 1083         (2) If a licensee or an applicant proposes to engage in the
 1084  practice of architecture as a business organization, the
 1085  licensee or applicant shall qualify the business organization
 1086  upon approval of the board For the purposes of this section, a
 1087  certificate of authorization shall be required for a
 1088  corporation, limited liability company, partnership, or person
 1089  practicing under a fictitious name, offering architectural
 1090  services to the public jointly or separately. However, when an
 1091  individual is practicing architecture in her or his own name,
 1092  she or he shall not be required to be certified under this
 1093  section. Certification under this subsection to offer
 1094  architectural services shall include all the rights and
 1095  privileges of certification under subsection (3) to offer
 1096  interior design services.
 1097         (3)(a)A business organization may not engage in the
 1098  practice of architecture unless its qualifying agent is a
 1099  registered architect under this part. A qualifying agent who
 1100  terminates an affiliation with a qualified business organization
 1101  shall immediately notify the department of such termination. If
 1102  such qualifying agent is the only qualifying agent for that
 1103  business organization, the business organization must be
 1104  qualified by another qualifying agent within 60 days after the
 1105  termination. Except as provided in paragraph (b), the business
 1106  organization may not engage in the practice of architecture
 1107  until it is qualified by another qualifying agent.
 1108         (b)In the event a qualifying agent ceases employment with
 1109  a qualified business organization, the executive director or the
 1110  chair of the board may authorize another registered architect
 1111  employed by the business organization to temporarily serve as
 1112  its qualifying agent for a period of no more than 60 days. The
 1113  business organization is not authorized to operate beyond such
 1114  period under this chapter absent replacement of the qualifying
 1115  agent who has ceased employment.
 1116         (c)A qualifying agent shall notify the department in
 1117  writing before engaging in the practice of architecture in her
 1118  or his own name or in affiliation with a different business
 1119  organization, and she or he or such business organization shall
 1120  supply the same information to the department as required of
 1121  applicants under this part.
 1122         (3)For the purposes of this section, a certificate of
 1123  authorization shall be required for a corporation, limited
 1124  liability company, partnership, or person operating under a
 1125  fictitious name, offering interior design services to the public
 1126  jointly or separately. However, when an individual is practicing
 1127  interior design in her or his own name, she or he shall not be
 1128  required to be certified under this section.
 1129         (4) All final construction documents and instruments of
 1130  service which include drawings, specifications, plans, reports,
 1131  or other papers or documents that involve involving the practice
 1132  of architecture which are prepared or approved for the use of
 1133  the business organization corporation, limited liability
 1134  company, or partnership and filed for public record within the
 1135  state must shall bear the signature and seal of the licensee who
 1136  prepared or approved them and the date on which they were
 1137  sealed.
 1138         (5) All drawings, specifications, plans, reports, or other
 1139  papers or documents prepared or approved for the use of the
 1140  corporation, limited liability company, or partnership by an
 1141  interior designer in her or his professional capacity and filed
 1142  for public record within the state shall bear the signature and
 1143  seal of the licensee who prepared or approved them and the date
 1144  on which they were sealed.
 1145         (6)The department shall issue a certificate of
 1146  authorization to any applicant who the board certifies as
 1147  qualified for a certificate of authorization and who has paid
 1148  the fee set in s. 481.207.
 1149         (7) The board shall allow a licensee or certify an
 1150  applicant to qualify one or more business organizations as
 1151  qualified for a certificate of authorization to offer
 1152  architectural or interior design services, or to use a
 1153  fictitious name to offer such services, if provided that:
 1154         (a) one or more of the principal officers of the
 1155  corporation or limited liability company, or one or more
 1156  partners of the partnership, and all personnel of the
 1157  corporation, limited liability company, or partnership who act
 1158  in its behalf in this state as architects, are registered as
 1159  provided by this part; or
 1160         (b)One or more of the principal officers of the
 1161  corporation or one or more partners of the partnership, and all
 1162  personnel of the corporation, limited liability company, or
 1163  partnership who act in its behalf in this state as interior
 1164  designers, are registered as provided by this part.
 1165         (8)The department shall adopt rules establishing a
 1166  procedure for the biennial renewal of certificates of
 1167  authorization.
 1168         (9)The department shall renew a certificate of
 1169  authorization upon receipt of the renewal application and
 1170  biennial renewal fee.
 1171         (6)(10) Each qualifying agent who qualifies a business
 1172  organization, partnership, limited liability company, or and
 1173  corporation certified under this section shall notify the
 1174  department within 30 days after of any change in the information
 1175  contained in the application upon which the qualification
 1176  certification is based. Any registered architect or interior
 1177  designer who qualifies the business organization shall ensure
 1178  corporation, limited liability company, or partnership as
 1179  provided in subsection (7) shall be responsible for ensuring
 1180  responsible supervising control of projects of the business
 1181  organization entity and shall notify the department of the upon
 1182  termination of her or his employment with a business
 1183  organization qualified partnership, limited liability company,
 1184  or corporation certified under this section shall notify the
 1185  department of the termination within 30 days after such
 1186  termination.
 1187         (7)(11)A business organization is not No corporation,
 1188  limited liability company, or partnership shall be relieved of
 1189  responsibility for the conduct or acts of its agents, employees,
 1190  or officers by reason of its compliance with this section.
 1191  However, except as provided in s. 558.0035, the architect who
 1192  signs and seals the construction documents and instruments of
 1193  service is shall be liable for the professional services
 1194  performed, and the interior designer who signs and seals the
 1195  interior design drawings, plans, or specifications shall be
 1196  liable for the professional services performed.
 1197         (12)Disciplinary action against a corporation, limited
 1198  liability company, or partnership shall be administered in the
 1199  same manner and on the same grounds as disciplinary action
 1200  against a registered architect or interior designer,
 1201  respectively.
 1202         (8)(13)Nothing in This section may not shall be construed
 1203  to mean that a certificate of registration to practice
 1204  architecture must or interior design shall be held by a business
 1205  organization corporation, limited liability company, or
 1206  partnership. Nothing in This section does not prohibit a
 1207  business organization from offering prohibits corporations,
 1208  limited liability companies, and partnerships from joining
 1209  together to offer architectural, engineering, interior design,
 1210  surveying and mapping, and landscape architectural services, or
 1211  any combination of such services, to the public if the business
 1212  organization, provided that each corporation, limited liability
 1213  company, or partnership otherwise meets the requirements of law.
 1214         (14)Corporations, limited liability companies, or
 1215  partnerships holding a valid certificate of authorization to
 1216  practice architecture shall be permitted to use in their title
 1217  the term “interior designer” or “registered interior designer.”
 1218         Section 47. Subsections (5) and (10) of section 481.221,
 1219  Florida Statutes, are amended to read:
 1220         481.221 Seals; display of certificate number.—
 1221         (5) No registered interior designer shall affix, or permit
 1222  to be affixed, her or his seal or signature to any plan,
 1223  specification, drawing, or other document which depicts work
 1224  which she or he is not competent or registered licensed to
 1225  perform.
 1226         (10) Each registered architect must or interior designer,
 1227  and each corporation, limited liability company, or partnership
 1228  holding a certificate of authorization, shall include her or his
 1229  license its certificate number in any newspaper, telephone
 1230  directory, or other advertising medium used by the registered
 1231  licensee. Each business organization must include the license
 1232  number of the registered architect who serves as the qualifying
 1233  agent for that business organization in any newspaper, telephone
 1234  directory, or other advertising medium used by the business
 1235  organization architect, interior designer, corporation, limited
 1236  liability company, or partnership. A corporation, limited
 1237  liability company, or partnership is not required to display the
 1238  certificate number of individual registered architects or
 1239  interior designers employed by or working within the
 1240  corporation, limited liability company, or partnership.
 1241         Section 48. Section 481.223, Florida Statutes, is amended
 1242  to read:
 1243         481.223 Prohibitions; penalties; injunctive relief.—
 1244         (1) A person may not knowingly:
 1245         (a) Practice architecture unless the person is an architect
 1246  or a registered architect; however, a licensed architect who has
 1247  been licensed by the board and who chooses to relinquish or not
 1248  to renew his or her license may use the title “Architect,
 1249  Retired” but may not otherwise render any architectural
 1250  services.
 1251         (b)Practice interior design unless the person is a
 1252  registered interior designer unless otherwise exempted herein;
 1253  however, an interior designer who has been licensed by the board
 1254  and who chooses to relinquish or not to renew his or her license
 1255  may use the title “Interior Designer, Retired” but may not
 1256  otherwise render any interior design services.
 1257         (b)(c) Use the name or title “architect,or “registered
 1258  architect,” or “interior designer” or “registered interior
 1259  designer,or words to that effect, when the person is not then
 1260  the holder of a valid license or certificate of registration
 1261  issued pursuant to this part. This paragraph does not restrict
 1262  the use of the name or title “interior designer” or “interior
 1263  design firm.”
 1264         (c)(d) Present as his or her own the license of another.
 1265         (d)(e) Give false or forged evidence to the board or a
 1266  member thereof.
 1267         (e)(f) Use or attempt to use an architect or interior
 1268  designer license or interior design certificate of registration
 1269  that has been suspended, revoked, or placed on inactive or
 1270  delinquent status.
 1271         (f)(g) Employ unlicensed persons to practice architecture
 1272  or interior design.
 1273         (g)(h) Conceal information relative to violations of this
 1274  part.
 1275         (2) Any person who violates any provision of subsection (1)
 1276  commits a misdemeanor of the first degree, punishable as
 1277  provided in s. 775.082 or s. 775.083.
 1278         (3)(a) Notwithstanding chapter 455 or any other law to the
 1279  contrary, an affected person may maintain an action for
 1280  injunctive relief to restrain or prevent a person from violating
 1281  paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
 1282  prevailing party is entitled to actual costs and attorney’s
 1283  fees.
 1284         (b) For purposes of this subsection, the term “affected
 1285  person” means a person directly affected by the actions of a
 1286  person suspected of violating paragraph (1)(a) or, paragraph
 1287  (1)(b), or paragraph (1)(c) and includes, but is not limited to,
 1288  the department, any person who received services from the
 1289  alleged violator, or any private association composed primarily
 1290  of members of the profession the alleged violator is practicing
 1291  or offering to practice or holding himself or herself out as
 1292  qualified to practice.
 1293         Section 49. Section 481.2251, Florida Statutes, is amended
 1294  to read:
 1295         481.2251 Disciplinary proceedings against registered
 1296  interior designers.—
 1297         (1) The following acts constitute grounds for which the
 1298  disciplinary actions specified in subsection (2) may be taken:
 1299         (a) Attempting to register obtain, obtaining, or renewing
 1300  registration, by bribery, by fraudulent misrepresentation, or
 1301  through an error of the board, a license to practice interior
 1302  design;
 1303         (b) Having an interior design license, certification, or
 1304  registration a license to practice interior design revoked,
 1305  suspended, or otherwise acted against, including the denial of
 1306  licensure, registration, or certification by the licensing
 1307  authority of another jurisdiction for any act which would
 1308  constitute a violation of this part or of chapter 455;
 1309         (c) Being convicted or found guilty, regardless of
 1310  adjudication, of a crime in any jurisdiction which directly
 1311  relates to the provision of interior design services or to the
 1312  ability to provide interior design services. A plea of nolo
 1313  contendere shall create a rebuttable presumption of guilt to the
 1314  underlying criminal charges. However, the board shall allow the
 1315  person being disciplined to present any evidence relevant to the
 1316  underlying charges and the circumstances surrounding her or his
 1317  plea;
 1318         (d) False, deceptive, or misleading advertising;
 1319         (e) Failing to report to the board any person who the
 1320  licensee knows is in violation of this part or the rules of the
 1321  board;
 1322         (f) Aiding, assisting, procuring, or advising any
 1323  unlicensed person to use the title “interior designer” contrary
 1324  to this part or to a rule of the board;
 1325         (g) Failing to perform any statutory or legal obligation
 1326  placed upon a registered interior designer;
 1327         (h) Making or filing a report which the registrant licensee
 1328  knows to be false, intentionally or negligently failing to file
 1329  a report or record required by state or federal law, or
 1330  willfully impeding or obstructing such filing or inducing
 1331  another person to do so. Such reports or records shall include
 1332  only those which are signed in the capacity as a registered
 1333  interior designer;
 1334         (f)(i) Making deceptive, untrue, or fraudulent
 1335  representations in the provision of interior design services;
 1336         (g)(j) Accepting and performing professional
 1337  responsibilities which the registrant licensee knows or has
 1338  reason to know that she or he is not competent or licensed to
 1339  perform;
 1340         (k) Violating any provision of this part, any rule of the
 1341  board, or a lawful order of the board previously entered in a
 1342  disciplinary hearing;
 1343         (l) Conspiring with another licensee or with any other
 1344  person to commit an act, or committing an act, which would tend
 1345  to coerce, intimidate, or preclude another licensee from
 1346  lawfully advertising her or his services;
 1347         (m) Acceptance of compensation or any consideration by an
 1348  interior designer from someone other than the client without
 1349  full disclosure of the compensation or consideration amount or
 1350  value to the client prior to the engagement for services, in
 1351  violation of s. 481.2131(2);
 1352         (h)(n) Rendering or offering to render architectural
 1353  services; or
 1354         (i)(o) Committing an act of fraud or deceit, or of
 1355  negligence, incompetency, or misconduct, in the practice of
 1356  interior design, including, but not limited to, allowing the
 1357  preparation of any interior design studies, plans, or other
 1358  instruments of service in an office that does not have a full
 1359  time Florida-registered interior designer assigned to such
 1360  office or failing to exercise responsible supervisory control
 1361  over services or projects, as required by board rule.
 1362         (2) When the board finds any person guilty of any of the
 1363  grounds set forth in subsection (1), it may enter an order
 1364  taking the following action or imposing one or more of the
 1365  following penalties:
 1366         (a) Refusal to register the applicant approve an
 1367  application for licensure;
 1368         (b) Refusal to renew an existing registration license;
 1369         (c) Removal from the state registry Revocation or
 1370  suspension of a license; or
 1371         (d) Imposition of an administrative fine not to exceed $500
 1372  $1,000 for each violation or separate offense and a fine of up
 1373  to $2,500 $5,000 for matters pertaining to a material violation
 1374  of the Florida Building Code as reported by a local
 1375  jurisdiction; or
 1376         (e) Issuance of a reprimand.
 1377         Section 50. Paragraph (b) of subsection (5), and
 1378  subsections (6), and (8) of section 481.229, Florida Statutes,
 1379  are amended to read:
 1380         481.229 Exceptions; exemptions from licensure.—
 1381         (5)
 1382         (b) Notwithstanding any other provision of this part, all
 1383  persons licensed as architects under this part shall be
 1384  qualified for interior design registration licensure upon
 1385  submission of a completed application for such license and a fee
 1386  not to exceed $30. Such persons shall be exempt from the
 1387  requirements of s. 481.209(2). For architects licensed as
 1388  interior designers, satisfaction of the requirements for renewal
 1389  of licensure as an architect under s. 481.215 shall be deemed to
 1390  satisfy the requirements for renewal of registration licensure
 1391  as an interior designer under that section. Complaint
 1392  processing, investigation, or other discipline-related legal
 1393  costs related to persons licensed as interior designers under
 1394  this paragraph shall be assessed against the architects’ account
 1395  of the Regulatory Trust Fund.
 1396         (6) This part shall not apply to:
 1397         (a)A person who performs interior design services or
 1398  interior decorator services for any residential application,
 1399  provided that such person does not advertise as, or represent
 1400  himself or herself as, an interior designer. For purposes of
 1401  this paragraph, “residential applications” includes all types of
 1402  residences, including, but not limited to, residence buildings,
 1403  single-family homes, multifamily homes, townhouses, apartments,
 1404  condominiums, and domestic outbuildings appurtenant to one
 1405  family or two-family residences. However, “residential
 1406  applications” does not include common areas associated with
 1407  instances of multiple-unit dwelling applications.
 1408         (b) an employee of a retail establishment providing
 1409  “interior decorator services” on the premises of the retail
 1410  establishment or in the furtherance of a retail sale or
 1411  prospective retail sale, provided that such employee does not
 1412  advertise as, or represent himself or herself as, an interior
 1413  designer.
 1414         (8) A manufacturer of commercial food service equipment or
 1415  the manufacturer’s representative, distributor, or dealer or an
 1416  employee thereof, who prepares designs, specifications, or
 1417  layouts for the sale or installation of such equipment is exempt
 1418  from licensure as an architect or interior designer, if:
 1419         (a) The designs, specifications, or layouts are not used
 1420  for construction or installation that may affect structural,
 1421  mechanical, plumbing, heating, air conditioning, ventilating,
 1422  electrical, or vertical transportation systems.
 1423         (b) The designs, specifications, or layouts do not
 1424  materially affect lifesafety systems pertaining to firesafety
 1425  protection, smoke evacuation and compartmentalization, and
 1426  emergency ingress or egress systems.
 1427         (c) Each design, specification, or layout document prepared
 1428  by a person or entity exempt under this subsection contains a
 1429  statement on each page of the document that the designs,
 1430  specifications, or layouts are not architectural, interior
 1431  design, or engineering designs, specifications, or layouts and
 1432  not used for construction unless reviewed and approved by a
 1433  licensed architect or engineer.
 1434         Section 51. Subsection (1) of section 481.231, Florida
 1435  Statutes, is amended to read:
 1436         481.231 Effect of part locally.—
 1437         (1) Nothing in This part does not shall be construed to
 1438  repeal, amend, limit, or otherwise affect any specific provision
 1439  of any local building code or zoning law or ordinance that has
 1440  been duly adopted, now or hereafter enacted, which is more
 1441  restrictive, with respect to the services of registered
 1442  architects or registered interior designers, than the provisions
 1443  of this part; provided, however, that a licensed architect shall
 1444  be deemed registered licensed as an interior designer for
 1445  purposes of offering or rendering interior design services to a
 1446  county, municipality, or other local government or political
 1447  subdivision.
 1448         Section 52. Section 481.303, Florida Statutes, is amended
 1449  to read:
 1450         481.303 Definitions.—As used in this chapter, the term:
 1451         (1) “Board” means the Board of Landscape Architecture.
 1452         (3)(2) “Department” means the Department of Business and
 1453  Professional Regulation.
 1454         (6)(3) “Registered landscape architect” means a person who
 1455  holds a license to practice landscape architecture in this state
 1456  under the authority of this act.
 1457         (2)(4) “Certificate of registration” means a license issued
 1458  by the department to a natural person to engage in the practice
 1459  of landscape architecture.
 1460         (5)“Certificate of authorization” means a license issued
 1461  by the department to a corporation or partnership to engage in
 1462  the practice of landscape architecture.
 1463         (4)(6) “Landscape architecture” means professional
 1464  services, including, but not limited to, the following:
 1465         (a) Consultation, investigation, research, planning,
 1466  design, preparation of drawings, specifications, contract
 1467  documents and reports, responsible construction supervision, or
 1468  landscape management in connection with the planning and
 1469  development of land and incidental water areas, including the
 1470  use of Florida-friendly landscaping as defined in s. 373.185,
 1471  where, and to the extent that, the dominant purpose of such
 1472  services or creative works is the preservation, conservation,
 1473  enhancement, or determination of proper land uses, natural land
 1474  features, ground cover and plantings, or naturalistic and
 1475  aesthetic values;
 1476         (b) The determination of settings, grounds, and approaches
 1477  for and the siting of buildings and structures, outdoor areas,
 1478  or other improvements;
 1479         (c) The setting of grades, shaping and contouring of land
 1480  and water forms, determination of drainage, and provision for
 1481  storm drainage and irrigation systems where such systems are
 1482  necessary to the purposes outlined herein; and
 1483         (d) The design of such tangible objects and features as are
 1484  necessary to the purpose outlined herein.
 1485         (5)(7) “Landscape design” means consultation for and
 1486  preparation of planting plans drawn for compensation, including
 1487  specifications and installation details for plant materials,
 1488  soil amendments, mulches, edging, gravel, and other similar
 1489  materials. Such plans may include only recommendations for the
 1490  conceptual placement of tangible objects for landscape design
 1491  projects. Construction documents, details, and specifications
 1492  for tangible objects and irrigation systems shall be designed or
 1493  approved by licensed professionals as required by law.
 1494         Section 53. Section 481.310, Florida Statutes, is amended
 1495  to read:
 1496         481.310 Practical experience requirement.—Beginning October
 1497  1, 1990, every applicant for licensure as a registered landscape
 1498  architect shall demonstrate, prior to licensure, 1 year of
 1499  practical experience in landscape architectural work. An
 1500  applicant who holds a master of landscape architecture degree
 1501  and a bachelor’s degree in a related field is not required to
 1502  demonstrate 1 year of practical experience in landscape
 1503  architectural work to obtain licensure. The board shall adopt
 1504  rules providing standards for the required experience. An
 1505  applicant who qualifies for examination pursuant to s.
 1506  481.309(1)(b)1. may obtain the practical experience after
 1507  completing the required professional degree. Experience used to
 1508  qualify for examination pursuant to s. 481.309(1)(b)2. may not
 1509  be used to satisfy the practical experience requirement under
 1510  this section.
 1511         Section 54. Subsections (3) and (4) of section 481.311,
 1512  Florida Statutes, are amended, to read:
 1513         481.311 Licensure.—
 1514         (3) The board shall certify as qualified for a license by
 1515  endorsement an applicant who:
 1516         (a)Qualifies to take the examination as set forth in s.
 1517  481.309; and has passed a national, regional, state, or
 1518  territorial licensing examination which is substantially
 1519  equivalent to the examination required by s. 481.309; or
 1520         (b) holds a valid license to practice landscape
 1521  architecture issued by another state or territory of the United
 1522  States, if the criteria for issuance of such license were
 1523  substantially identical to the licensure criteria which existed
 1524  in this state at the time the license was issued.
 1525         (4)The board shall certify as qualified for a certificate
 1526  of authorization any applicant corporation or partnership who
 1527  satisfies the requirements of s. 481.319.
 1528         Section 55. Subsection (4) of section 481.313, Florida
 1529  Statutes, is amended to read:
 1530         481.313 Renewal of license.—
 1531         (4) The board, by rule adopted pursuant to ss. 120.536(1)
 1532  and 120.54, shall establish criteria for the approval of
 1533  continuing education courses and providers, and shall by rule
 1534  establish criteria for accepting alternative nonclassroom
 1535  continuing education on an hour-for-hour basis. A landscape
 1536  architect shall receive hour-for-hour credit for attending
 1537  continuing education courses approved by the Landscape
 1538  Architecture Continuing Education System or another nationally
 1539  recognized clearinghouse for continuing education that relate to
 1540  and increase his or her basic knowledge of landscape
 1541  architecture, as determined by the board, if the landscape
 1542  architect submits proof satisfactory to the board that such
 1543  course was approved by the Landscape Architecture Continuing
 1544  Education System or another nationally recognized clearinghouse
 1545  for continuing education, along with the syllabus or outline for
 1546  such course and proof of course attendance.
 1547         Section 56. Subsection (2) of section 481.317, Florida
 1548  Statutes, is amended to read:
 1549         481.317 Temporary certificates.—
 1550         (2)Upon approval by the board and payment of the fee set
 1551  in s. 481.307, the department shall grant a temporary
 1552  certificate of authorization for work on one specified project
 1553  in this state for a period not to exceed 1 year to an out-of
 1554  state corporation, partnership, or firm, provided one of the
 1555  principal officers of the corporation, one of the partners of
 1556  the partnership, or one of the principals in the fictitiously
 1557  named firm has obtained a temporary certificate of registration
 1558  in accordance with subsection (1).
 1559         Section 57. Section 481.319, Florida Statutes, is amended
 1560  to read:
 1561         481.319 Corporate and partnership practice of landscape
 1562  architecture; certificate of authorization.—
 1563         (1) The practice of or offer to practice landscape
 1564  architecture by registered landscape architects registered under
 1565  this part through a corporation or partnership offering
 1566  landscape architectural services to the public, or through a
 1567  corporation or partnership offering landscape architectural
 1568  services to the public through individual registered landscape
 1569  architects as agents, employees, officers, or partners, is
 1570  permitted, subject to the provisions of this section, if:
 1571         (a) One or more of the principal officers of the
 1572  corporation, or partners of the partnership, and all personnel
 1573  of the corporation or partnership who act in its behalf as
 1574  landscape architects in this state are registered landscape
 1575  architects; and
 1576         (b) One or more of the officers, one or more of the
 1577  directors, one or more of the owners of the corporation, or one
 1578  or more of the partners of the partnership is a registered
 1579  landscape architect; and
 1580         (c)The corporation or partnership has been issued a
 1581  certificate of authorization by the board as provided herein.
 1582         (2) All documents involving the practice of landscape
 1583  architecture which are prepared for the use of the corporation
 1584  or partnership shall bear the signature and seal of a registered
 1585  landscape architect.
 1586         (3) A landscape architect applying to practice in the name
 1587  of a An applicant corporation must shall file with the
 1588  department the names and addresses of all officers and board
 1589  members of the corporation, including the principal officer or
 1590  officers, duly registered to practice landscape architecture in
 1591  this state and, also, of all individuals duly registered to
 1592  practice landscape architecture in this state who shall be in
 1593  responsible charge of the practice of landscape architecture by
 1594  the corporation in this state. A landscape architect applying to
 1595  practice in the name of a An applicant partnership must shall
 1596  file with the department the names and addresses of all partners
 1597  of the partnership, including the partner or partners duly
 1598  registered to practice landscape architecture in this state and,
 1599  also, of an individual or individuals duly registered to
 1600  practice landscape architecture in this state who shall be in
 1601  responsible charge of the practice of landscape architecture by
 1602  said partnership in this state.
 1603         (4) Each landscape architect qualifying a partnership or
 1604  and corporation licensed under this part must shall notify the
 1605  department within 1 month after of any change in the information
 1606  contained in the application upon which the license is based.
 1607  Any landscape architect who terminates her or his or her
 1608  employment with a partnership or corporation licensed under this
 1609  part shall notify the department of the termination within 1
 1610  month after such termination.
 1611         (5) Disciplinary action against a corporation or
 1612  partnership shall be administered in the same manner and on the
 1613  same grounds as disciplinary action against a registered
 1614  landscape architect.
 1615         (6) Except as provided in s. 558.0035, the fact that a
 1616  registered landscape architect practices landscape architecture
 1617  through a corporation or partnership as provided in this section
 1618  does not relieve the landscape architect from personal liability
 1619  for her or his or her professional acts.
 1620         Section 58. Subsection (5) of section 481.321, Florida
 1621  Statutes, is amended to read:
 1622         481.321 Seals; display of certificate number.—
 1623         (5) Each registered landscape architect must and each
 1624  corporation or partnership holding a certificate of
 1625  authorization shall include her or his its certificate number in
 1626  any newspaper, telephone directory, or other advertising medium
 1627  used by the registered landscape architect, corporation, or
 1628  partnership. A corporation or partnership must is not required
 1629  to display the certificate number numbers of at least one
 1630  officer, director, owner, or partner who is a individual
 1631  registered landscape architect architects employed by or
 1632  practicing with the corporation or partnership.
 1633         Section 59. Subsection (5) of section 481.329, Florida
 1634  Statutes, is amended to read:
 1635         481.329 Exceptions; exemptions from licensure.—
 1636         (5) This part does not prohibit any person from engaging in
 1637  the practice of landscape design, as defined in s. 481.303 s.
 1638  481.303(7), or from submitting for approval to a governmental
 1639  agency planting plans that are independent of, or a component
 1640  of, construction documents that are prepared by a Florida
 1641  registered professional. Persons providing landscape design
 1642  services shall not use the title, term, or designation
 1643  “landscape architect,” “landscape architectural,” “landscape
 1644  architecture,” “L.A.,” “landscape engineering,” or any
 1645  description tending to convey the impression that she or he is a
 1646  landscape architect unless she or he is registered as provided
 1647  in this part.
 1648         Section 60. Subsection (9) of section 489.103, Florida
 1649  Statutes, is amended to read:
 1650         489.103 Exemptions.—This part does not apply to:
 1651         (9) Any work or operation of a casual, minor, or
 1652  inconsequential nature in which the aggregate contract price for
 1653  labor, materials, and all other items is less than $2,500
 1654  $1,000, but this exemption does not apply:
 1655         (a) If the construction, repair, remodeling, or improvement
 1656  is a part of a larger or major operation, whether undertaken by
 1657  the same or a different contractor, or in which a division of
 1658  the operation is made in contracts of amounts less than $2,500
 1659  $1,000 for the purpose of evading this part or otherwise.
 1660         (b) To a person who advertises that he or she is a
 1661  contractor or otherwise represents that he or she is qualified
 1662  to engage in contracting.
 1663         Section 61. Subsection (2) of section 489.111, Florida
 1664  Statutes, is amended to read:
 1665         489.111 Licensure by examination.—
 1666         (2) A person shall be eligible for licensure by examination
 1667  if the person:
 1668         (a) Is 18 years of age;
 1669         (b) Is of good moral character; and
 1670         (c) Meets eligibility requirements according to one of the
 1671  following criteria:
 1672         1. Has received a baccalaureate degree from an accredited
 1673  4-year college in the appropriate field of engineering,
 1674  architecture, or building construction and has 1 year of proven
 1675  experience in the category in which the person seeks to qualify.
 1676  For the purpose of this part, a minimum of 2,000 person-hours
 1677  shall be used in determining full-time equivalency.
 1678         2. Has a total of at least 4 years of active experience as
 1679  a worker who has learned the trade by serving an apprenticeship
 1680  as a skilled worker who is able to command the rate of a
 1681  mechanic in the particular trade or as a foreman who is in
 1682  charge of a group of workers and usually is responsible to a
 1683  superintendent or a contractor or his or her equivalent,
 1684  provided, however, that at least 1 year of active experience
 1685  shall be as a foreman.
 1686         3. Has a combination of not less than 1 year of experience
 1687  as a foreman and not less than 3 years of credits for any
 1688  accredited college-level courses; has a combination of not less
 1689  than 1 year of experience as a skilled worker, 1 year of
 1690  experience as a foreman, and not less than 2 years of credits
 1691  for any accredited college-level courses; or has a combination
 1692  of not less than 2 years of experience as a skilled worker, 1
 1693  year of experience as a foreman, and not less than 1 year of
 1694  credits for any accredited college-level courses. All junior
 1695  college or community college-level courses shall be considered
 1696  accredited college-level courses.
 1697         4.a. An active certified residential contractor is eligible
 1698  to receive a certified building contractor license after passing
 1699  or having previously passed take the building contractors’
 1700  examination if he or she possesses a minimum of 3 years of
 1701  proven experience in the classification in which he or she is
 1702  certified.
 1703         b. An active certified residential contractor is eligible
 1704  to receive a certified general contractor license after passing
 1705  or having previously passed take the general contractors’
 1706  examination if he or she possesses a minimum of 4 years of
 1707  proven experience in the classification in which he or she is
 1708  certified.
 1709         c. An active certified building contractor is eligible to
 1710  receive a certified general contractor license after passing or
 1711  having previously passed take the general contractors’
 1712  examination if he or she possesses a minimum of 4 years of
 1713  proven experience in the classification in which he or she is
 1714  certified.
 1715         5.a. An active certified air-conditioning Class C
 1716  contractor is eligible to receive a certified air-conditioning
 1717  Class B contractor license after passing or having previously
 1718  passed take the air-conditioning Class B contractors’
 1719  examination if he or she possesses a minimum of 3 years of
 1720  proven experience in the classification in which he or she is
 1721  certified.
 1722         b. An active certified air-conditioning Class C contractor
 1723  is eligible to receive a certified air-conditioning Class A
 1724  contractor license after passing or having previously passed
 1725  take the air-conditioning Class A contractors’ examination if he
 1726  or she possesses a minimum of 4 years of proven experience in
 1727  the classification in which he or she is certified.
 1728         c. An active certified air-conditioning Class B contractor
 1729  is eligible to receive a certified air-conditioning Class A
 1730  contractor license after passing or having previously passed
 1731  take the air-conditioning Class A contractors’ examination if he
 1732  or she possesses a minimum of 1 year of proven experience in the
 1733  classification in which he or she is certified.
 1734         6.a. An active certified swimming pool servicing contractor
 1735  is eligible to receive a certified residential swimming pool
 1736  contractor license after passing or having previously passed
 1737  take the residential swimming pool contractors’ examination if
 1738  he or she possesses a minimum of 3 years of proven experience in
 1739  the classification in which he or she is certified.
 1740         b. An active certified swimming pool servicing contractor
 1741  is eligible to receive a certified commercial swimming pool
 1742  contractor license after passing or having previously passed
 1743  take the swimming pool commercial contractors’ examination if he
 1744  or she possesses a minimum of 4 years of proven experience in
 1745  the classification in which he or she is certified.
 1746         c. An active certified residential swimming pool contractor
 1747  is eligible to receive a certified commercial swimming pool
 1748  contractor license after passing or having previously passed
 1749  take the commercial swimming pool contractors’ examination if he
 1750  or she possesses a minimum of 1 year of proven experience in the
 1751  classification in which he or she is certified.
 1752         d. An applicant is eligible to receive a certified swimming
 1753  pool/spa servicing contractor license after passing or having
 1754  previously passed take the swimming pool/spa servicing
 1755  contractors’ examination if he or she has satisfactorily
 1756  completed 60 hours of instruction in courses related to the
 1757  scope of work covered by that license and approved by the
 1758  Construction Industry Licensing Board by rule and has at least 1
 1759  year of proven experience related to the scope of work of such a
 1760  contractor.
 1761         Section 62. Subsection (3) of section 489.115, Florida
 1762  Statutes, is amended to read:
 1763         489.115 Certification and registration; endorsement;
 1764  reciprocity; renewals; continuing education.—
 1765         (3) The board shall certify as qualified for certification
 1766  by endorsement any applicant who:
 1767         (a) Meets the requirements for certification as set forth
 1768  in this section; has passed a national, regional, state, or
 1769  United States territorial licensing examination that is
 1770  substantially equivalent to the examination required by this
 1771  part; and has satisfied the requirements set forth in s.
 1772  489.111;
 1773         (b) Holds a valid license to practice contracting issued by
 1774  another state or territory of the United States, if the criteria
 1775  for issuance of such license were substantially equivalent to
 1776  Florida’s current certification criteria; or
 1777         (c) Holds a valid, current license to practice contracting
 1778  issued by another state or territory of the United States, if
 1779  the state or territory has entered into a reciprocal agreement
 1780  with the board for the recognition of contractor licenses issued
 1781  in that state, based on criteria for the issuance of such
 1782  licenses that are substantially equivalent to the criteria for
 1783  certification in this state; or
 1784         (d)Has held a valid, current license to practice
 1785  contracting issued by another state or territory of the United
 1786  States for at least 10 years before the date of application and
 1787  is applying for the same or similar license in this state,
 1788  subject to subsections (5)-(9). The board may consider whether
 1789  such applicant has had a license to practice contracting
 1790  revoked, suspended, or otherwise acted against by the licensing
 1791  authority of another state, territory, or country. Such
 1792  application must be made either when the license in another
 1793  state or territory is active or within 2 years after such
 1794  license was last active. Within 30 days after receiving a
 1795  license, the licensee must complete a board-approved 4-hour
 1796  continuing education course on the Florida Building Code and a
 1797  1-hour course on the laws and rules of this state relating to
 1798  contracting. The required courses may be completed online.
 1799         Section 63. Subsection (5) of section 489.511, Florida
 1800  Statutes, is amended to read:
 1801         489.511 Certification; application; examinations;
 1802  endorsement.—
 1803         (5) The board shall certify as qualified for certification
 1804  by endorsement any individual applying for certification who:
 1805         (a) Meets the requirements for certification as set forth
 1806  in this section; has passed a national, regional, state, or
 1807  United States territorial licensing examination that is
 1808  substantially equivalent to the examination required by this
 1809  part; and has satisfied the requirements set forth in s.
 1810  489.521; or
 1811         (b) Holds a valid license to practice electrical or alarm
 1812  system contracting issued by another state or territory of the
 1813  United States, if the criteria for issuance of such license was
 1814  substantially equivalent to the certification criteria that
 1815  existed in this state at the time the certificate was issued; or
 1816         (c)Has held a valid, current license to practice
 1817  electrical or alarm system contracting issued by another state
 1818  or territory of the United States for at least 10 years before
 1819  the date of application and is applying for the same or similar
 1820  license in this state, subject to ss. 489.510 and 489.521(3)(a),
 1821  and subparagraph (1)(b)1. Such application must be made either
 1822  when the license in another state or territory is active or
 1823  within 2 years after such license was last active. Within 30
 1824  days after receiving a license, the licensee must complete a
 1825  board-approved 4-hour continuing education course on the Florida
 1826  Building Code and a 1-hour course on the laws and rules of this
 1827  state relating to electrical and alarm system contracting. The
 1828  required courses may be completed online.
 1829         Section 64. Subsection (3) and paragraph (b) of subsection
 1830  (4) of section 489.517, Florida Statutes, are amended to read:
 1831         489.517 Renewal of certificate or registration; continuing
 1832  education.—
 1833         (3)(a) Each certificateholder or registrant licensed as a
 1834  specialty contractor or an alarm system contractor shall provide
 1835  proof, in a form established by rule of the board, that the
 1836  certificateholder or registrant has completed at least 7 14
 1837  classroom hours of at least 50 minutes each of continuing
 1838  education courses during each biennium since the issuance or
 1839  renewal of the certificate or registration. The board shall by
 1840  rule establish criteria for the approval of continuing education
 1841  courses and providers and may by rule establish criteria for
 1842  accepting alternative nonclassroom continuing education on an
 1843  hour-for-hour basis.
 1844         (b)Each certificateholder or registrant licensed as an
 1845  electrical contractor shall provide proof, in a form established
 1846  by rule of the board, that the certificateholder or registrant
 1847  has completed at least 11 classroom hours of at least 50 minutes
 1848  each of continuing education courses during each biennium since
 1849  the issuance or renewal of the certificate or registration. The
 1850  board shall by rule establish criteria for the approval of
 1851  continuing education courses and providers and may by rule
 1852  establish criteria for accepting alternative nonclassroom
 1853  continuing education on an hour-for-hour basis.
 1854         (4)
 1855         (b)1.For licensed specialty contractors or alarm system
 1856  contractors, of the 7 14 classroom hours of continuing education
 1857  required, at least 1 hour 7 hours must be on technical subjects,
 1858  1 hour on workers’ compensation, 1 hour on workplace safety, 1
 1859  hour on business practices, and for alarm system contractors and
 1860  electrical contractors engaged in alarm system contracting, 2
 1861  hours on false alarm prevention.
 1862         2.For licensed electrical contractors, of the minimum 11
 1863  classroom hours of continuing education required, at least 7
 1864  hours must be on technical subjects, 1 hour on workers’
 1865  compensation, 1 hour on workplace safety, and 1 hour on business
 1866  practices. Electrical contractors engaged in alarm system
 1867  contracting must also complete 2 hours on false alarm
 1868  prevention.
 1869         Section 65. Paragraph (b) of subsection (1) of section
 1870  489.518, Florida Statutes, is amended to read:
 1871         489.518 Alarm system agents.—
 1872         (1) A licensed electrical or alarm system contractor may
 1873  not employ a person to perform the duties of a burglar alarm
 1874  system agent unless the person:
 1875         (b) Has successfully completed a minimum of 14 hours of
 1876  training within 90 days after employment, to include basic alarm
 1877  system electronics in addition to related training including
 1878  CCTV and access control training, with at least 2 hours of
 1879  training in the prevention of false alarms. Such training shall
 1880  be from a board-approved provider, and the employee or applicant
 1881  for employment shall provide proof of successful completion to
 1882  the licensed employer. The board shall by rule establish
 1883  criteria for the approval of training courses and providers and
 1884  may by rule establish criteria for accepting alternative
 1885  nonclassroom education on an hour-for-hour basis. The board
 1886  shall approve providers that conduct training in other than the
 1887  English language. The board shall establish a fee for the
 1888  approval of training providers or courses, not to exceed $60.
 1889  Qualified employers may conduct training classes for their
 1890  employees, with board approval.
 1891         Section 66. Section 509.102, Florida Statutes, is created
 1892  to read:
 1893         509.102Mobile food dispensing vehicles; preemption.—
 1894         (1)As used in this section, the term “mobile food
 1895  dispensing vehicle” means any vehicle that is a public food
 1896  service establishment and that is self-propelled or otherwise
 1897  movable from place to place and includes self-contained
 1898  utilities, including, but not limited to, gas, water,
 1899  electricity, or liquid waste disposal.
 1900         (2)Regulation of mobile food dispensing vehicles involving
 1901  licenses, registrations, permits, and fees is preempted to the
 1902  state. A municipality, county, or other local governmental
 1903  entity may not require a separate license, registration, or
 1904  permit other than the license required under s. 509.241, or
 1905  require the payment of any license, registration, or permit fee
 1906  other than the fee required under s. 509.251, as a condition for
 1907  the operation of a mobile food dispensing vehicle within the
 1908  entity’s jurisdiction. A municipality, county, or other local
 1909  governmental entity may not prohibit mobile food dispensing
 1910  vehicles from operating within the entirety of the entity’s
 1911  jurisdiction.
 1912         (3)This section may not be construed to affect a
 1913  municipality, county, or other local governmental entity’s
 1914  authority to regulate the operation of mobile food dispensing
 1915  vehicles other than the regulations described in subsection (2).
 1916         Section 67. Paragraph (i) of subsection (2) of section
 1917  548.003, Florida Statutes, is amended to read:
 1918         548.003 Florida State Boxing Commission.—
 1919         (2) The Florida State Boxing Commission, as created by
 1920  subsection (1), shall administer the provisions of this chapter.
 1921  The commission has authority to adopt rules pursuant to ss.
 1922  120.536(1) and 120.54 to implement the provisions of this
 1923  chapter and to implement each of the duties and responsibilities
 1924  conferred upon the commission, including, but not limited to:
 1925         (i)Designation and duties of a knockdown timekeeper.
 1926         Section 68. Subsection (1) of section 548.017, Florida
 1927  Statutes, is amended to read:
 1928         548.017 Participants, managers, and other persons required
 1929  to have licenses.—
 1930         (1) A participant, manager, trainer, second, timekeeper,
 1931  referee, judge, announcer, physician, matchmaker, or promoter
 1932  must be licensed before directly or indirectly acting in such
 1933  capacity in connection with any match involving a participant. A
 1934  physician approved by the commission must be licensed pursuant
 1935  to chapter 458 or chapter 459, must maintain an unencumbered
 1936  license in good standing, and must demonstrate satisfactory
 1937  medical training or experience in boxing, or a combination of
 1938  both, to the executive director before working as the ringside
 1939  physician.
 1940         Section 69. Paragraph (d) of subsection (1) of section
 1941  553.5141, Florida Statutes, is amended to read:
 1942         553.5141 Certifications of conformity and remediation
 1943  plans.—
 1944         (1) For purposes of this section:
 1945         (d) “Qualified expert” means:
 1946         1. An engineer licensed pursuant to chapter 471.
 1947         2. A certified general contractor licensed pursuant to
 1948  chapter 489.
 1949         3. A certified building contractor licensed pursuant to
 1950  chapter 489.
 1951         4. A building code administrator licensed pursuant to
 1952  chapter 468.
 1953         5. A building inspector licensed pursuant to chapter 468.
 1954         6. A plans examiner licensed pursuant to chapter 468.
 1955         7. An interior designer registered licensed pursuant to
 1956  chapter 481.
 1957         8. An architect licensed pursuant to chapter 481.
 1958         9. A landscape architect licensed pursuant to chapter 481.
 1959         10. Any person who has prepared a remediation plan related
 1960  to a claim under Title III of the Americans with Disabilities
 1961  Act, 42 U.S.C. s. 12182, that has been accepted by a federal
 1962  court in a settlement agreement or court proceeding, or who has
 1963  been qualified as an expert in Title III of the Americans with
 1964  Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
 1965         Section 70. Effective January 1, 2021, subsection (1) of
 1966  section 553.74, Florida Statutes, is amended to read:
 1967         553.74 Florida Building Commission.—
 1968         (1) The Florida Building Commission is created and located
 1969  within the Department of Business and Professional Regulation
 1970  for administrative purposes. Members are appointed by the
 1971  Governor subject to confirmation by the Senate. The commission
 1972  is composed of 19 27 members, consisting of the following
 1973  members:
 1974         (a) One architect licensed pursuant to chapter 481 with at
 1975  least 5 years of experience in the design and construction of
 1976  buildings designated for Group E or Group I occupancies by the
 1977  Florida Building Code registered to practice in this state and
 1978  actively engaged in the profession. The American Institute of
 1979  Architects, Florida Section, is encouraged to recommend a list
 1980  of candidates for consideration.
 1981         (b) One structural engineer registered to practice in this
 1982  state and actively engaged in the profession. The Florida
 1983  Engineering Society is encouraged to recommend a list of
 1984  candidates for consideration.
 1985         (c) One air-conditioning contractor, or mechanical
 1986  contractor, or mechanical engineer certified to do business in
 1987  this state and actively engaged in the profession. The Florida
 1988  Air Conditioning Contractors Association, the Florida
 1989  Refrigeration and Air Conditioning Contractors Association, and
 1990  the Mechanical Contractors Association of Florida, and the
 1991  Florida Engineering Society are encouraged to recommend a list
 1992  of candidates for consideration.
 1993         (d) One electrical contractor or electrical engineer
 1994  certified to do business in this state and actively engaged in
 1995  the profession. The Florida Association of Electrical
 1996  Contractors, and the National Electrical Contractors
 1997  Association, Florida Chapter, and the Florida Engineering
 1998  Society are encouraged to recommend a list of candidates for
 1999  consideration.
 2000         (e)One member from fire protection engineering or
 2001  technology who is actively engaged in the profession. The
 2002  Florida Chapter of the Society of Fire Protection Engineers and
 2003  the Florida Fire Marshals and Inspectors Association are
 2004  encouraged to recommend a list of candidates for consideration.
 2005         (e)(f) One certified general contractor or one certified
 2006  building contractor certified to do business in this state and
 2007  actively engaged in the profession. The Associated Builders and
 2008  Contractors of Florida, the Florida Associated General
 2009  Contractors Council, the Florida Home Builders Association, and
 2010  the Union Contractors Association are encouraged to recommend a
 2011  list of candidates for consideration.
 2012         (f)(g) One plumbing contractor licensed to do business in
 2013  this state and actively engaged in the profession. The Florida
 2014  Association of Plumbing, Heating, and Cooling Contractors is
 2015  encouraged to recommend a list of candidates for consideration.
 2016         (g)(h) One roofing or sheet metal contractor certified to
 2017  do business in this state and actively engaged in the
 2018  profession. The Florida Roofing, Sheet Metal, and Air
 2019  Conditioning Contractors Association and the Sheet Metal and Air
 2020  Conditioning Contractors’ National Association are encouraged to
 2021  recommend a list of candidates for consideration.
 2022         (h)(i) One certified residential contractor licensed to do
 2023  business in this state and actively engaged in the profession.
 2024  The Florida Home Builders Association is encouraged to recommend
 2025  a list of candidates for consideration.
 2026         (i)(j) Three members who are municipal, county, or district
 2027  codes enforcement officials, one of whom is also a fire
 2028  official. The Building Officials Association of Florida and the
 2029  Florida Fire Marshals and Inspectors Association are encouraged
 2030  to recommend a list of candidates for consideration.
 2031         (k)One member who represents the Department of Financial
 2032  Services.
 2033         (l)One member who is a county codes enforcement official.
 2034  The Building Officials Association of Florida is encouraged to
 2035  recommend a list of candidates for consideration.
 2036         (j)(m) One member of a Florida-based organization of
 2037  persons with disabilities or a nationally chartered organization
 2038  of persons with disabilities with chapters in this state which
 2039  complies with or is certified to be compliant with the
 2040  requirements of the Americans with Disability Act of 1990, as
 2041  amended.
 2042         (k)(n) One member of the manufactured buildings industry
 2043  who is licensed to do business in this state and is actively
 2044  engaged in the industry. The Florida Manufactured Housing
 2045  Association is encouraged to recommend a list of candidates for
 2046  consideration.
 2047         (o)One mechanical or electrical engineer registered to
 2048  practice in this state and actively engaged in the profession.
 2049  The Florida Engineering Society is encouraged to recommend a
 2050  list of candidates for consideration.
 2051         (p)One member who is a representative of a municipality or
 2052  a charter county. The Florida League of Cities and the Florida
 2053  Association of Counties are encouraged to recommend a list of
 2054  candidates for consideration.
 2055         (l)(q) One member of the building products manufacturing
 2056  industry who is authorized to do business in this state and is
 2057  actively engaged in the industry. The Florida Building Material
 2058  Association, the Florida Concrete and Products Association, and
 2059  the Fenestration Manufacturers Association are encouraged to
 2060  recommend a list of candidates for consideration.
 2061         (m)(r) One member who is a representative of the building
 2062  owners and managers industry who is actively engaged in
 2063  commercial building ownership or management. The Building Owners
 2064  and Managers Association is encouraged to recommend a list of
 2065  candidates for consideration.
 2066         (n)(s) One member who is a representative of the insurance
 2067  industry. The Florida Insurance Council is encouraged to
 2068  recommend a list of candidates for consideration.
 2069         (t)One member who is a representative of public education.
 2070         (o)(u) One member who is a swimming pool contractor
 2071  licensed to do business in this state and actively engaged in
 2072  the profession. The Florida Swimming Pool Association and the
 2073  United Pool and Spa Association are encouraged to recommend a
 2074  list of candidates for consideration.
 2075         (p)(v) One member who is a representative of the green
 2076  building industry and who is a third-party commission agent, a
 2077  Florida board member of the United States Green Building Council
 2078  or Green Building Initiative, a professional who is accredited
 2079  under the International Green Construction Code (IGCC), or a
 2080  professional who is accredited under Leadership in Energy and
 2081  Environmental Design (LEED).
 2082         (q)(w) One member who is a representative of a natural gas
 2083  distribution system and who is actively engaged in the
 2084  distribution of natural gas in this state. The Florida Natural
 2085  Gas Association is encouraged to recommend a list of candidates
 2086  for consideration.
 2087         (x)One member who is a representative of the Department of
 2088  Agriculture and Consumer Services’ Office of Energy. The
 2089  Commissioner of Agriculture is encouraged to recommend a list of
 2090  candidates for consideration.
 2091         (y)One member who shall be the chair.
 2092         Section 71. Subsection (5) is added to section 823.15,
 2093  Florida Statutes, to read:
 2094         823.15 Dogs and cats released from animal shelters or
 2095  animal control agencies; sterilization requirement.—
 2096         (5)Employees, agents, or contractors of a public or
 2097  private animal shelter, a humane organization, or an animal
 2098  control agency operated by a humane organization or by a county,
 2099  municipality, or other incorporated political subdivision may
 2100  implant dogs and cats with radio frequency identification
 2101  microchips as part of their work with such public or private
 2102  animal shelter, humane organization, or animal control agency.
 2103         Section 72. Subsection (7) of section 558.002, Florida
 2104  Statutes, is amended to read:
 2105         558.002 Definitions.—As used in this chapter, the term:
 2106         (7) “Design professional” means a person, as defined in s.
 2107  1.01, who is licensed in this state as an architect, interior
 2108  designer, a landscape architect, an engineer, a surveyor, or a
 2109  geologist or who is a registered interior designer, as defined
 2110  in s. 481.203.
 2111         Section 73. Subsection (3) of section 559.25, Florida
 2112  Statutes, is amended to read:
 2113         559.25 Exemptions.—The provisions of this part shall not
 2114  apply to or affect the following persons:
 2115         (3)Duly licensed auctioneers, selling at auction.
 2116         Section 74. Paragraphs (h) and (k) of subsection (2) of
 2117  section 287.055, Florida Statutes, are amended to read:
 2118         287.055 Acquisition of professional architectural,
 2119  engineering, landscape architectural, or surveying and mapping
 2120  services; definitions; procedures; contingent fees prohibited;
 2121  penalties.—
 2122         (2) DEFINITIONS.—For purposes of this section:
 2123         (h) A “design-build firm” means a partnership, corporation,
 2124  or other legal entity that:
 2125         1. Is certified under s. 489.119 to engage in contracting
 2126  through a certified or registered general contractor or a
 2127  certified or registered building contractor as the qualifying
 2128  agent; or
 2129         2. Is qualified certified under s. 471.023 to practice or
 2130  to offer to practice engineering; qualified certified under s.
 2131  481.219 to practice or to offer to practice architecture; or
 2132  qualified certified under s. 481.319 to practice or to offer to
 2133  practice landscape architecture.
 2134         (k) A “design criteria professional” means a firm that is
 2135  qualified who holds a current certificate of registration under
 2136  chapter 481 to practice architecture or landscape architecture
 2137  or a firm who holds a current certificate as a registered
 2138  engineer under chapter 471 to practice engineering and who is
 2139  employed by or under contract to the agency for the providing of
 2140  professional architect services, landscape architect services,
 2141  or engineering services in connection with the preparation of
 2142  the design criteria package.
 2143         Section 75. Except as otherwise expressly provided in this
 2144  act, this act shall take effect July 1, 2020.