Florida Senate - 2022 SB 714
By Senator Hooper
16-00808-22 2022714__
1 A bill to be entitled
2 An act relating to the Department of Business and
3 Professional Regulation; amending s. 468.8414, F.S.;
4 requiring the department to certify for licensure
5 qualified individuals who practice mold assessment or
6 mold remediation and hold certain licenses issued by
7 other states or territories; requiring applications to
8 be filed within a specified timeframe after such
9 licensure; amending s. 469.004, F.S.; requiring the
10 department to certify asbestos consultants and
11 asbestos contractors for licensure who meet certain
12 exam and other state licensure requirements; requiring
13 applications to be filed within a specified timeframe
14 after such licensure; requiring asbestos consultants
15 and asbestos contractors to complete certain courses;
16 amending s. 469.006, F.S.; revising the financial
17 responsibility criteria the department must use when
18 issuing consulting or contracting licenses; amending
19 s. 489.514, F.S.; removing a time limitation for
20 applying for certain contracting licenses under
21 certain provisions; amending s. 509.032, F.S.;
22 authorizing the Division of Hotels and Restaurants of
23 the department to adopt rules for certain electronic
24 submissions and exemptions; amending s. 509.091, F.S.;
25 requiring licensees and licensed agents to provide the
26 division with e-mail addresses for contact with the
27 division; authorizing the division to deliver notices
28 and inspection reports by e-mail; amending s. 509.101,
29 F.S.; revising the maintenance requirements an
30 operator must meet for a transient establishment’s
31 guest register; amending s. 509.241, F.S.; providing
32 for the expiration of public lodging establishment and
33 public food service establishment licenses;
34 authorizing the licenses to be renewed for specified
35 timeframes; requiring the division to provide forms
36 for license renewals and license applications;
37 amending s. 509.251, F.S.; revising the public lodging
38 establishment and public food service establishment
39 license fees to include an option for 2-year renewals;
40 limiting the fees the division may charge for a 2-year
41 license renewal; requiring license fees to be paid in
42 full at the time of application; amending s. 548.043,
43 F.S.; deleting a requirement limiting the types of
44 boxing exhibitions which require a specified maximum
45 difference in participant weights; reenacting s.
46 509.102(2), F.S., relating to mobile food dispensing
47 vehicles, to incorporate the amendment made to s.
48 509.251, F.S., in a reference thereto; providing an
49 effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Subsection (3) of section 468.8414, Florida
54 Statutes, is amended to read:
55 468.8414 Licensure.—
56 (3) The department shall certify as qualified for a license
57 by endorsement an applicant who is of good moral character, who
58 has the insurance coverage required under s. 468.8421, and who:
59 (a) Is qualified to take the examination as set forth in s.
60 468.8413 and has passed a certification examination offered by a
61 nationally recognized organization that certifies persons in the
62 specialty of mold assessment or mold remediation, and the
63 department that has been approved the certification examination
64 by the department as being substantially equivalent to the
65 requirements of this part and s. 455.217; or
66 (b) Holds a valid license to practice mold assessment or
67 mold remediation issued by another state or territory of the
68 United States if the criteria for issuance of the license were
69 substantially the same as the licensure criteria that is
70 established by this part as determined by the department; or
71 (c) Has held a valid license to practice mold assessment or
72 mold remediation issued by another state or territory of the
73 United States for at least 10 years before the date of
74 application. The application for licensure must be made either
75 when the license in the other state or territory is active or
76 within 2 years after such license was last active.
77 Section 2. Present subsection (3) of section 469.004,
78 Florida Statutes, is redesignated as subsection (4), and a new
79 subsection (3) is added to that section, to read:
80 469.004 License; asbestos consultant; asbestos contractor.—
81 (3) The department shall certify as qualified for licensure
82 by endorsement any individual applying for licensure who has
83 passed a written examination that meets the requirements of the
84 United States Environmental Protection Agency Asbestos Model
85 Accreditation Plan, has held a valid license to practice as an
86 asbestos consultant or asbestos contractor issued by another
87 state or territory of the United States for at least 10 years
88 before the date of application, and is applying for the same or
89 similar license in this state, subject to ss. 469.005(5) and
90 469.006. The application for licensure must be made either when
91 the license in the other state or territory is active or within
92 2 years after such license was last active. Asbestos consultants
93 and asbestos contractors must complete courses as required by s.
94 469.005(2) or (3), respectively, to qualify for licensure by
95 endorsement.
96 Section 3. Paragraph (c) of subsection (2) of section
97 469.006, Florida Statutes, is amended to read:
98 469.006 Licensure of business organizations; qualifying
99 agents.—
100 (2)
101 (c) As a prerequisite to the issuance of a license under
102 this section, the applicant shall submit the following:
103 1. An affidavit on a form provided by the department
104 attesting that the applicant has obtained workers’ compensation
105 insurance as required by chapter 440, public liability
106 insurance, and property damage insurance, in amounts determined
107 by department rule. The department shall establish by rule a
108 procedure to verify the accuracy of such affidavits based upon a
109 random sample method.
110 2. Evidence of financial responsibility. The department
111 shall adopt rules to determine financial responsibility which
112 shall specify grounds on which the department may deny
113 licensure. Such criteria must shall include, but not be limited
114 to, credit history and limits of bondability and credit.
115 Section 4. Subsection (3) of section 489.514, Florida
116 Statutes, is amended to read:
117 489.514 Certification for registered contractors;
118 grandfathering provisions.—
119 (3) An applicant must make application by November 1, 2021,
120 to be licensed pursuant to this section.
121 Section 5. Subsection (6) of section 509.032, Florida
122 Statutes, is amended to read:
123 509.032 Duties.—
124 (6) RULEMAKING AUTHORITY.—The division shall adopt such
125 rules as are necessary to carry out the provisions of this
126 chapter. The division may adopt rules requiring electronic
127 submission of any form, document, or fee as required by this
128 chapter. The division may prescribe by rule requirements and
129 procedures for an individual to obtain an exemption due to a
130 technological or financial hardship.
131 Section 6. Section 509.091, Florida Statutes, is amended to
132 read:
133 509.091 Notices; form and service.—
134 (1) All licensees and licensed agents must provide an e
135 mail address to the division to function as the primary method
136 of contact for all communication with the division.
137 (2) Each notice or inspection report served by the division
138 pursuant to this chapter must be in writing and must be
139 delivered personally by an agent of the division, be sent by e
140 mail, or mailed by registered letter to the operator of the
141 public lodging establishment or public food service
142 establishment. If the operator refuses to accept service or
143 evades service or the agent is otherwise unable to effect
144 service after due diligence, the division may post such notice
145 or inspection report in a conspicuous place at the
146 establishment.
147 (2) Notwithstanding subsection (1), the division may
148 deliver lodging inspection reports and food service inspection
149 reports to the operator of the public lodging establishment or
150 public food service establishment by electronic means.
151 Section 7. Subsection (2) of section 509.101, Florida
152 Statutes, is amended to read:
153 509.101 Establishment rules; posting of notice; food
154 service inspection report; maintenance of guest register; mobile
155 food dispensing vehicle registry.—
156 (2) It is the duty of each operator of a transient
157 establishment to maintain at all times a register of, signed by
158 or for guests who occupy rental units within the establishment,
159 showing the dates upon which the rental units were occupied by
160 such guests and the rates charged for their occupancy. Each
161 operator shall maintain this register shall be maintained in
162 chronological order, shall make the register and available for
163 inspection by the division at any time, and may keep the
164 register in an electronic format. Operators need not make
165 available registers that which are more than 2 years old.
166 Section 8. Section 509.241, Florida Statutes, is amended to
167 read:
168 509.241 Licenses required; exceptions.—
169 (1) LICENSES; ANNUAL RENEWALS.—Each public lodging
170 establishment and public food service establishment shall obtain
171 a license from the division. Such license may not be transferred
172 from one place or individual to another. It is shall be a
173 misdemeanor of the second degree, punishable as provided in s.
174 775.082 or s. 775.083, for such an establishment to operate
175 without a license. Local law enforcement shall provide immediate
176 assistance in pursuing an illegally operating establishment. The
177 division may refuse a license, or a renewal thereof, to any
178 establishment that is not constructed and maintained in
179 accordance with law and with the rules of the division. The
180 division may refuse to issue a license, or a renewal thereof, to
181 any establishment an operator of which, within the preceding 5
182 years, has been adjudicated guilty of, or has forfeited a bond
183 when charged with, any crime reflecting on professional
184 character, including soliciting for prostitution, pandering,
185 letting premises for prostitution, keeping a disorderly place,
186 or illegally dealing in controlled substances as defined in
187 chapter 893, whether in this state or in any other jurisdiction
188 within the United States, or has had a license denied, revoked,
189 or suspended pursuant to s. 429.14. Licenses expire if not
190 renewed before the expiration date and may be renewed for 1 or 2
191 years. Licenses must shall be renewed using forms provided by
192 annually, and the division. The division shall adopt a rule
193 establishing procedures a staggered schedule for license
194 issuance and renewals. If any license expires while
195 administrative charges are pending against the license, the
196 proceedings against the license must shall continue to
197 conclusion as if the license were still in effect.
198 (2) APPLICATION FOR LICENSE.—Each person who plans to open
199 a public lodging establishment or a public food service
200 establishment must shall apply for and receive a license from
201 the division using forms provided by the division before
202 commencing prior to the commencement of operation. A condominium
203 association, as defined in s. 718.103, which does not own any
204 units classified as vacation rentals or timeshare projects under
205 s. 509.242(1)(c) or (g) is not required to apply for or receive
206 a public lodging establishment license.
207 (3) DISPLAY OF LICENSE.—Any license issued by the division
208 shall be conspicuously displayed in the office or lobby of the
209 licensed establishment. Public food service establishments that
210 which offer catering services shall display their license number
211 on all advertising for catering services.
212 Section 9. Subsections (1) and (2) of section 509.251,
213 Florida Statutes, are amended to read:
214 509.251 License fees.—
215 (1) The division shall adopt, by rule, a schedule of fees
216 to be paid by each public lodging establishment as a
217 prerequisite to issuance or renewal of a license. Initial
218 license Such fees must shall be based on the number of rental
219 units in the establishment. License renewal fees must be based
220 on the number of rental units in the establishment and whether
221 the renewal is for 1 or 2 years. The aggregate fee per
222 establishment charged any public lodging establishment may not
223 exceed $1,000 for a 1-year license or $2,000 for a 2-year
224 license; however, the fees described in paragraphs (a) and (b)
225 may not be included as part of the aggregate fee subject to this
226 cap. Vacation rental units or timeshare projects within separate
227 buildings or at separate locations but managed by one licensed
228 agent may be combined in a single license application, and the
229 division must shall charge a license fee as if all units in the
230 application are in a single licensed establishment. The fee
231 schedule shall require an establishment which applies for an
232 initial license to pay the full license fee if application is
233 made during the annual renewal period or more than 6 months
234 before the next such renewal period and one-half of the fee if
235 application is made 6 months or less before such period. The fee
236 schedule must shall include fees collected for the purpose of
237 funding the Hospitality Education Program, pursuant to s.
238 509.302. All fees, which are payable in full for each
239 application at the time regardless of when the application is
240 submitted.
241 (a) Upon making initial application or an application for
242 change of ownership, the applicant shall pay to the division a
243 fee as prescribed by rule, not to exceed $50, in addition to any
244 other fees required by law, which shall cover all costs
245 associated with initiating regulation of the establishment.
246 (b) A license renewal filed with the division after the
247 expiration date shall be accompanied by a delinquent fee as
248 prescribed by rule, not to exceed $50, in addition to the
249 renewal fee and any other fees required by law.
250 (2) The division shall adopt, by rule, a schedule of fees
251 to be paid by each public food service establishment as a
252 prerequisite to issuance or renewal of a license. Initial
253 license fees must be based on the classification of the license.
254 License renewal fees must be based on the classification of the
255 license and whether a renewal is for 1 or 2 years. The fee
256 schedule must shall prescribe a base basic fee and additional
257 fees based on seating capacity and services offered. The
258 aggregate fee per establishment charged any public food service
259 establishment may not exceed $400 for a 1-year license or $800
260 for a 2-year license; however, the fees described in paragraphs
261 (a) and (b) may not be included as part of the aggregate fee
262 subject to this cap. The fee schedule shall require an
263 establishment which applies for an initial license to pay the
264 full license fee if application is made during the annual
265 renewal period or more than 6 months before the next such
266 renewal period and one-half of the fee if application is made 6
267 months or less before such period. The fee schedule must shall
268 include fees collected for the purpose of funding the
269 Hospitality Education Program, pursuant to s. 509.302. All fees,
270 which are payable in full for each application at the time
271 regardless of when the application is submitted.
272 (a) Upon making initial application or an application for
273 change of ownership, the applicant shall pay to the division a
274 fee as prescribed by rule, not to exceed $50, in addition to any
275 other fees required by law, which shall cover all costs
276 associated with initiating regulation of the establishment.
277 (b) A license renewal filed with the division after the
278 expiration date shall be accompanied by a delinquent fee as
279 prescribed by rule, not to exceed $50, in addition to the
280 renewal fee and any other fees required by law.
281 Section 10. Subsection (2) of section 548.043, Florida
282 Statutes, is amended to read:
283 548.043 Weights and classes, limitations; gloves.—
284 (2) The commission shall establish by rule the acceptable
285 difference in weight between participants; however, the maximum
286 difference in weight in boxing matches may shall not exceed 12
287 pounds, except matches in the cruiserweight and heavyweight
288 classes and exhibitions held solely for training purposes.
289 Section 11. For the purpose of incorporating the amendment
290 made by this act to section 509.251, Florida Statutes, in a
291 reference thereto, subsection (2) of section 509.102, Florida
292 Statutes, is reenacted to read:
293 509.102 Mobile food dispensing vehicles; preemption.—
294 (2) Regulation of mobile food dispensing vehicles involving
295 licenses, registrations, permits, and fees is preempted to the
296 state. A municipality, county, or other local governmental
297 entity may not require a separate license, registration, or
298 permit other than the license required under s. 509.241, or
299 require the payment of any license, registration, or permit fee
300 other than the fee required under s. 509.251, as a condition for
301 the operation of a mobile food dispensing vehicle within the
302 entity’s jurisdiction. A municipality, county, or other local
303 governmental entity may not prohibit mobile food dispensing
304 vehicles from operating within the entirety of the entity’s
305 jurisdiction.
306 Section 12. This act shall take effect July 1, 2022.