Florida Senate - 2023 SB 782
By Senator Hooper
21-01266-23 2023782__
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; amending s. 469.004,
8 F.S.; revising requirements for the issuance of an
9 asbestos consultant’s license; requiring the
10 department to certify for licensure by endorsement
11 asbestos consultants and asbestos contractors who meet
12 certain exam and other state licensure requirements;
13 requiring asbestos consultants and asbestos
14 contractors to complete certain courses; amending s.
15 489.514, F.S.; removing a time limitation for applying
16 for certain contracting licenses under certain
17 provisions; amending s. 509.091, F.S.; requiring
18 licensees and licensed agents to provide the
19 department’s Division of Hotels and Restaurants with
20 e-mail addresses at which they can be contacted;
21 authorizing the division to deliver notices and
22 inspection reports by e-mail; amending s. 509.101,
23 F.S.; revising the guest register maintenance
24 requirements that an operator of a transient
25 establishment must meet; amending s. 509.241, F.S.;
26 providing for the expiration of public lodging
27 establishment and public food service establishment
28 licenses; authorizing the licenses to be renewed for
29 specified timeframes; requiring the division to
30 provide forms for license renewals and license
31 applications; requiring licensees and licensed agents
32 to maintain a division online account and provide the
33 division with specified information; amending s.
34 509.251, F.S.; revising the public lodging
35 establishment and public food service establishment
36 license fees to include an option for 2-year renewals;
37 limiting the fees the division may charge for a 2-year
38 license renewal; requiring license fees to be paid in
39 full at the time of application; amending s. 548.043,
40 F.S.; deleting a requirement limiting the types of
41 boxing exhibitions which require a specified maximum
42 difference in participant weights; reenacting s.
43 509.102(2), F.S., relating to mobile food dispensing
44 vehicles, to incorporate the amendment made to s.
45 509.251, F.S., in a reference thereto; providing an
46 effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Subsection (3) of section 468.8414, Florida
51 Statutes, is amended to read:
52 468.8414 Licensure.—
53 (3) The department shall certify as qualified for a license
54 by endorsement an applicant who is of good moral character, who
55 has the insurance coverage required under s. 468.8421, and who
56 meets at least one of the following requirements:
57 (a) Is qualified to take the examination as set forth in s.
58 468.8413 and has passed a certification examination offered by a
59 nationally recognized organization that certifies persons in the
60 specialty of mold assessment or mold remediation and that has
61 been approved by the department as substantially equivalent to
62 the requirements of this part and s. 455.217.; or
63 (b) Holds a valid license to practice mold assessment or
64 mold remediation issued by another state or territory of the
65 United States if the criteria for issuance of the license were
66 substantially the same as the licensure criteria that is
67 established by this part as determined by the department.
68 (c) Has held a valid license to practice mold assessment or
69 mold remediation issued by another state or territory of the
70 United States for at least 10 years before the date of
71 application. The application for licensure must be made either
72 when the license in the other state or territory is active or
73 within 2 years after such license was last active.
74 Section 2. Present subsection (3) of section 469.004,
75 Florida Statutes, is redesignated as subsection (4), a new
76 subsection (3) is added to that section, and subsection (1) of
77 that section is amended, to read:
78 469.004 License; asbestos consultant; asbestos contractor.—
79 (1) All asbestos consultants must be licensed by the
80 department. Except for an asbestos consultant’s license issued
81 by endorsement as provided under subsection (3) or otherwise
82 expressly provided by law, an asbestos consultant’s license may
83 be issued only to an applicant who holds a current, valid,
84 active license as an architect issued under chapter 481; holds a
85 current, valid, active license as a professional engineer issued
86 under chapter 471; holds a current, valid, active license as a
87 professional geologist issued under chapter 492; is a diplomat
88 of the American Board of Industrial Hygiene; or has been awarded
89 designation as a Certified Safety Professional by the Board of
90 Certified Safety Professionals.
91 (3) The department shall certify as qualified for licensure
92 by endorsement any individual applying for licensure who has
93 passed a written examination that meets the requirements of the
94 United States Environmental Protection Agency Asbestos Model
95 Accreditation Plan, has held a valid license to practice as an
96 asbestos consultant or asbestos contractor issued by another
97 state or territory of the United States for at least 10 years
98 before the date of application, and is applying for the same or
99 similar license in this state, subject to ss. 469.005(5) and
100 469.006. The application for licensure must be made either when
101 the license in the other state or territory is active or within
102 2 years after such license was last active. To qualify for
103 licensure by endorsement, an asbestos consultant must complete
104 the courses required by s. 469.005(2) and an asbestos contractor
105 must complete the courses required by s. 469.005(3).
106 Section 3. Subsection (3) of section 489.514, Florida
107 Statutes, is amended to read:
108 489.514 Certification for registered contractors;
109 grandfathering provisions.—
110 (3) An applicant must make application by November 1, 2021,
111 to be licensed pursuant to this section.
112 Section 4. Section 509.091, Florida Statutes, is amended to
113 read:
114 509.091 Notices; form and service.—
115 (1) All licensees and licensed agents must provide an e
116 mail address to the division to function as the primary method
117 of contact for all communication with the division.
118 (2) Each notice or inspection report served by the division
119 pursuant to this chapter must be in writing and must be
120 delivered personally by an agent of the division, sent by e
121 mail, or mailed by registered letter to the operator of the
122 public lodging establishment or public food service
123 establishment. If the operator refuses to accept service or
124 evades service or the agent is otherwise unable to effect
125 service after due diligence, the division may post such notice
126 or inspection report in a conspicuous place at the
127 establishment.
128 (2) Notwithstanding subsection (1), the division may
129 deliver lodging inspection reports and food service inspection
130 reports to the operator of the public lodging establishment or
131 public food service establishment by electronic means.
132 Section 5. Subsection (2) of section 509.101, Florida
133 Statutes, is amended to read:
134 509.101 Establishment rules; posting of notice; food
135 service inspection report; maintenance of guest register; mobile
136 food dispensing vehicle registry.—
137 (2) It is the duty of each operator of a transient
138 establishment to maintain at all times a register of, signed by
139 or for guests who occupy rental units within the establishment,
140 showing the dates upon which the rental units were occupied by
141 such guests and the rates charged for their occupancy. Each
142 operator shall maintain this register shall be maintained in
143 chronological order, shall make the register and available for
144 inspection by the division at any time, and may keep the
145 register in an electronic format. Operators need not make
146 available registers that which are more than 2 years old.
147 Section 6. Section 509.241, Florida Statutes, is amended to
148 read:
149 509.241 Licenses required; exceptions.—
150 (1) LICENSES; ANNUAL RENEWALS.—Each public lodging
151 establishment and public food service establishment shall obtain
152 a license from the division. Such license may not be transferred
153 from one place or individual to another. It is shall be a
154 misdemeanor of the second degree, punishable as provided in s.
155 775.082 or s. 775.083, for such an establishment to operate
156 without a license. Local law enforcement shall provide immediate
157 assistance in pursuing an illegally operating establishment. The
158 division may refuse a license, or a renewal thereof, to any
159 establishment that is not constructed and maintained in
160 accordance with law and with the rules of the division. The
161 division may refuse to issue a license, or a renewal thereof, to
162 any establishment an operator of which, within the preceding 5
163 years, has been adjudicated guilty of, or has forfeited a bond
164 when charged with, any crime reflecting on professional
165 character, including soliciting for prostitution, pandering,
166 letting premises for prostitution, keeping a disorderly place,
167 or illegally dealing in controlled substances as defined in
168 chapter 893, whether in this state or in any other jurisdiction
169 within the United States, or has had a license denied, revoked,
170 or suspended pursuant to s. 429.14. Licenses expire if not
171 renewed before the expiration date and may be renewed for 1 or 2
172 years. Licenses must shall be renewed using forms provided by
173 annually, and the division. The division shall adopt a rule
174 establishing procedures a staggered schedule for license
175 issuance and renewals. If any license expires while
176 administrative charges are pending against the license, the
177 proceedings against the license must shall continue to
178 conclusion as if the license were still in effect.
179 (2) APPLICATION FOR LICENSE.—Each person who plans to open
180 a public lodging establishment or a public food service
181 establishment must shall apply for and receive a license from
182 the division using forms provided by the division before
183 commencing prior to the commencement of operation. A condominium
184 association, as defined in s. 718.103, which does not own any
185 units classified as vacation rentals or timeshare projects under
186 s. 509.242(1)(c) or (g) is not required to apply for or receive
187 a public lodging establishment license.
188 (3) DISPLAY OF LICENSE.—Any license issued by the division
189 shall be conspicuously displayed in the office or lobby of the
190 licensed establishment. Public food service establishments that
191 which offer catering services shall display their license number
192 on all advertising for catering services.
193 (4) ONLINE ACCOUNT AND TRANSACTIONS.—Each person who plans
194 to open a public lodging establishment or a public food service
195 establishment and each licensee or licensed agent must create
196 and maintain a division online account and provide an e-mail
197 address to the division to function as the primary contact for
198 all communication from the division.
199 (a) Licensees and licensed agents are responsible for
200 maintaining accurate contact information on file with the
201 division.
202 (b) Each licensee issued a license or licensed agent
203 managing a license classified as a vacation rental or timeshare
204 project, as those terms are defined in s. 509.242(1)(c) and (g),
205 respectively, must submit any change in the street or unit
206 address or number of houses or units included under the license
207 within 30 days of the change. All changes must be filed with the
208 division through the division’s online system.
209 Section 7. Subsections (1) and (2) of section 509.251,
210 Florida Statutes, are amended to read:
211 509.251 License fees.—
212 (1) The division shall adopt, by rule, a schedule of fees
213 to be paid by each public lodging establishment as a
214 prerequisite to issuance or renewal of a license. Initial
215 license Such fees must shall be based on the number of rental
216 units in the establishment. License renewal fees must be based
217 on the number of rental units in the establishment and whether
218 the renewal is for 1 or 2 years. The aggregate fee per
219 establishment charged any public lodging establishment may not
220 exceed $1,000 for a 1-year license or $2,000 for a 2-year
221 license; however, the fees described in paragraphs (a) and (b)
222 may not be included as part of the aggregate fee subject to this
223 cap. Vacation rental units or timeshare projects within separate
224 buildings or at separate locations but managed by one licensed
225 agent may be combined in a single license application, and the
226 division must shall charge a license fee as if all units in the
227 application are in a single licensed establishment. The fee
228 schedule shall require an establishment which applies for an
229 initial license to pay the full license fee if application is
230 made during the annual renewal period or more than 6 months
231 before the next such renewal period and one-half of the fee if
232 application is made 6 months or less before such period. The fee
233 schedule must shall include fees collected for the purpose of
234 funding the Hospitality Education Program, pursuant to s.
235 509.302. All fees, which are payable in full for each
236 application at the time regardless of when the application is
237 submitted.
238 (a) Upon making initial application or an application for
239 change of ownership, the applicant shall pay to the division a
240 fee as prescribed by rule, not to exceed $50, in addition to any
241 other fees required by law, which shall cover all costs
242 associated with initiating regulation of the establishment.
243 (b) A license renewal filed with the division after the
244 expiration date shall be accompanied by a delinquent fee as
245 prescribed by rule, not to exceed $50, in addition to the
246 renewal fee and any other fees required by law.
247 (2) The division shall adopt, by rule, a schedule of fees
248 to be paid by each public food service establishment as a
249 prerequisite to issuance or renewal of a license. Initial
250 license fees must be based on the classification of the license.
251 License renewal fees must be based on the classification of the
252 license and whether a renewal is for 1 or 2 years. The fee
253 schedule must shall prescribe a base basic fee and additional
254 fees based on seating capacity and services offered. The
255 aggregate fee per establishment charged any public food service
256 establishment may not exceed $400 for a 1-year license or $800
257 for a 2-year license; however, the fees described in paragraphs
258 (a) and (b) may not be included as part of the aggregate fee
259 subject to this cap. The fee schedule shall require an
260 establishment which applies for an initial license to pay the
261 full license fee if application is made during the annual
262 renewal period or more than 6 months before the next such
263 renewal period and one-half of the fee if application is made 6
264 months or less before such period. The fee schedule must shall
265 include fees collected for the purpose of funding the
266 Hospitality Education Program, pursuant to s. 509.302. All fees,
267 which are payable in full for each application at the time
268 regardless of when the application is submitted.
269 (a) Upon making initial application or an application for
270 change of ownership, the applicant shall pay to the division a
271 fee as prescribed by rule, not to exceed $50, in addition to any
272 other fees required by law, which shall cover all costs
273 associated with initiating regulation of the establishment.
274 (b) A license renewal filed with the division after the
275 expiration date shall be accompanied by a delinquent fee as
276 prescribed by rule, not to exceed $50, in addition to the
277 renewal fee and any other fees required by law.
278 Section 8. Subsection (2) of section 548.043, Florida
279 Statutes, is amended to read:
280 548.043 Weights and classes, limitations; gloves.—
281 (2) The commission shall establish by rule the acceptable
282 difference in weight between participants; however, the maximum
283 difference in weight in boxing matches shall not exceed 12
284 pounds, except matches in the cruiserweight and heavyweight
285 classes and exhibitions held solely for training purposes.
286 Section 9. For the purpose of incorporating the amendment
287 made by this act to section 509.251, Florida Statutes, in a
288 reference thereto, subsection (2) of section 509.102, Florida
289 Statutes, is reenacted to read:
290 509.102 Mobile food dispensing vehicles; preemption.—
291 (2) Regulation of mobile food dispensing vehicles involving
292 licenses, registrations, permits, and fees is preempted to the
293 state. A municipality, county, or other local governmental
294 entity may not require a separate license, registration, or
295 permit other than the license required under s. 509.241, or
296 require the payment of any license, registration, or permit fee
297 other than the fee required under s. 509.251, as a condition for
298 the operation of a mobile food dispensing vehicle within the
299 entity’s jurisdiction. A municipality, county, or other local
300 governmental entity may not prohibit mobile food dispensing
301 vehicles from operating within the entirety of the entity’s
302 jurisdiction.
303 Section 10. This act shall take effect July 1, 2023.