Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS for CS for HB 1335
Ì833732#Î833732
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: C
03/05/2024 11:01 AM . 03/07/2024 04:18 PM
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Senator Hooper moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present paragraphs (a) through (h) of subsection
6 (1) of section 210.15, Florida Statutes, are redesignated as
7 paragraphs (b) through (i), respectively, and a new paragraph
8 (a) is added to that subsection, to read:
9 210.15 Permits.—
10 (1)
11 (a) A person or an entity licensed or permitted by the
12 division, or applying for a license or a permit, must create and
13 maintain an account with the division’s online system and
14 provide an e-mail address to the division to function as the
15 primary means of contact for all communication by the division
16 to the licensee, permittee, or applicant. Licensees, permittees,
17 and applicants are responsible for maintaining accurate contact
18 information on file with the division. A person or an entity
19 seeking a license or permit under this part must apply using
20 forms furnished by the division which are filed through the
21 division’s online system before commencing operations. The
22 division may not process an application for a license or permit
23 issued by the division under this part unless the application is
24 submitted through the division’s online system.
25 Section 2. Section 210.32, Florida Statutes, is created to
26 read:
27 210.32 Account; online system.—A person or an entity
28 licensed or permitted by the division, or applying for a license
29 or a permit, must create and maintain an account with the
30 division’s online system and provide an e-mail address to the
31 division to function as the primary means of contact for all
32 communication by the division to the licensee, permittee, or
33 applicant. Licensees, permittees, and applicants are responsible
34 for maintaining accurate contact information on file with the
35 division. A person or an entity seeking a license or a permit
36 under this part must apply using forms furnished by the division
37 which are filed through the division’s online system before
38 commencing operations. The division may not process an
39 application for a license or permit issued by the division under
40 this part unless the application is submitted through the
41 division’s online system.
42 Section 3. Section 210.40, Florida Statutes, is amended to
43 read:
44 210.40 License fees; surety bond; application for each
45 place of business.—
46 (1) Each application for a distributor’s license must shall
47 be accompanied by a fee of $25. The application must shall also
48 be accompanied by a corporate surety bond issued by a surety
49 company authorized to do business in this state, conditioned for
50 the payment when due of all taxes, penalties, and accrued
51 interest which may be due the state. The initial corporate
52 surety bond shall be in the sum of $25,000 $1,000 and in a form
53 prescribed by the division.
54 (a) The division shall review the amount of a corporate
55 surety bond on a semiannual basis to ensure that the bond amount
56 is adequate to protect the state.
57 (b) The division may increase the corporate surety bond
58 amount before renewing a distributor’s license or after
59 completing its semiannual review of the bond amount.
60 (c) The corporate surety bond amount may be increased to
61 the sum of the distributor’s highest month of final audited tax
62 liabilities, penalties, and accrued interest which are due to
63 the state.
64 (2) A corporate surety bond, with the sum determined by the
65 division in accordance with paragraph (1)(c), is required for
66 renewal of a distributor’s license.
67 (3) The division may prescribe by rule increases in the
68 corporate surety bond amounts required as a condition of
69 licensure.
70 (4)(a) The division may reduce the amount of a corporate
71 surety bond upon a distributor’s showing of good cause. For
72 purposes of this subsection, the term:
73 1. “Fully resolved” means that criminal or administrative
74 charges or investigations have been definitively closed or
75 dismissed, have resulted in an acquittal, or have otherwise
76 ended in such a manner that no further legal or administrative
77 actions relating to charges or investigations are pending
78 against a licensee under applicable laws, rules, or regulations.
79 2. “Good cause” means a consistent pattern of responsible
80 financial behavior by the distributor over a period of at least
81 the preceding 4 years, and having the sum of the distributor’s
82 final audited tax liabilities, penalties, and interest be less
83 than the amount of the distributor’s corporate surety bond for
84 every month for a period of at least the preceding 4 years.
85 3. “Responsible financial behavior” includes the timely and
86 complete reporting and payment of all tax liabilities,
87 penalties, and accrued interest due to the state for a period of
88 at least the preceding 4 years.
89 (b) The division may not reduce a corporate surety bond
90 amount when a licensee:
91 1. Is in default of any tax liabilities, penalties, or
92 interest due to the state;
93 2. Is the subject of a pending criminal prosecution in any
94 jurisdiction until such prosecution has been fully resolved;
95 3. Has pending administrative charges brought by an
96 authorized regulatory body or agency which have not been fully
97 resolved in accordance with applicable rules and procedures; or
98 4. Is under investigation by any administrative body or
99 agency for potential criminal violations until any such
100 investigation is completed and the findings of the investigation
101 have been fully resolved in accordance with applicable law.
102 (5) The division shall notify a distributor in writing of
103 any change in the distributor’s corporate surety bond
104 requirements by the date on which the distributor’s audited tax
105 assessments become final.
106 (6) The provisions of this section governing corporate
107 surety bonds are not subject to s. 120.60 Whenever it is the
108 opinion of the division that the bond given by a licensee is
109 inadequate in amount to fully protect the state, the division
110 shall require an additional bond in such amount as is deemed
111 sufficient.
112 (7) A separate application for a license must shall be made
113 for each place of business at which a distributor proposes to
114 engage in business as a distributor under this part, but an
115 applicant may provide one corporate surety bond in an amount
116 determined by the division for all applications made by the
117 distributor consistent with the requirements of this section.
118 (8) The division may adopt rules to administer this
119 section.
120 Section 4. Paragraph (d) of subsection (3) of section
121 310.0015, Florida Statutes, is amended to read:
122 310.0015 Piloting regulation; general provisions.—
123 (3) The rate-setting process, the issuance of licenses only
124 in numbers deemed necessary or prudent by the board, and other
125 aspects of the economic regulation of piloting established in
126 this chapter are intended to protect the public from the adverse
127 effects of unrestricted competition which would result from an
128 unlimited number of licensed pilots being allowed to market
129 their services on the basis of lower prices rather than safety
130 concerns. This system of regulation benefits and protects the
131 public interest by maximizing safety, avoiding uneconomic
132 duplication of capital expenses and facilities, and enhancing
133 state regulatory oversight. The system seeks to provide pilots
134 with reasonable revenues, taking into consideration the normal
135 uncertainties of vessel traffic and port usage, sufficient to
136 maintain reliable, stable piloting operations. Pilots have
137 certain restrictions and obligations under this system,
138 including, but not limited to, the following:
139 (d)1. The pilot or pilots in a port shall train and
140 compensate all member deputy pilots in that port. Failure to
141 train or compensate such deputy pilots constitutes shall
142 constitute a ground for disciplinary action under s. 310.101.
143 Nothing in this subsection may shall be deemed to create an
144 agency or employment relationship between a pilot or deputy
145 pilot and the pilot or pilots in a port.
146 2. The pilot or pilots in a port shall establish a
147 competency-based mentor program by which minority persons as
148 defined in s. 288.703 may acquire the skills for the
149 professional preparation and education competency requirements
150 of a licensed state pilot or certificated deputy pilot. The
151 department shall provide the Governor, the President of the
152 Senate, and the Speaker of the House of Representatives with a
153 report each year on the number of minority persons as defined in
154 s. 288.703 who have participated in each mentor program, who are
155 licensed state pilots or certificated deputy pilots, and who
156 have applied for state pilot licensure or deputy pilot
157 certification.
158 Section 5. Subsection (2) of section 310.081, Florida
159 Statutes, is amended to read:
160 310.081 Department to examine and license state pilots and
161 certificate deputy pilots; vacancies.—
162 (2) The department shall similarly examine persons who file
163 applications for certificate as deputy pilot, and, if upon
164 examination to determine proficiency the department finds them
165 qualified, the department must shall certify as qualified all
166 applicants who pass the examination, provided that not more than
167 five persons who passed the examination are certified for each
168 declared opening. If more than five applicants per opening pass
169 the examination, the persons having the highest scores must
170 shall be certified as qualified up to the number of openings
171 times five. The department shall give consideration to the
172 minority and female status of applicants when qualifying deputy
173 pilots, in the interest of ensuring diversification within the
174 state piloting profession. The department shall appoint and
175 certificate such number of deputy pilots from those applicants
176 deemed qualified as in the discretion of the board are required
177 in the respective ports of the state. A deputy pilot shall be
178 authorized by the department to pilot vessels within the limits
179 and specifications established by the licensed state pilots at
180 the port where the deputy is appointed to serve.
181 Section 6. Section 399.18, Florida Statutes, is created to
182 read:
183 399.18 Online services account.—
184 (1) A certified elevator inspector, certified elevator
185 technician, or registered elevator company; a person or entity
186 seeking to become certified or registered as such; a person who
187 has been issued an elevator certificate of competency; a person
188 who is seeking such certificate; a person or entity who has been
189 issued an elevator certificate of operation; and a person or
190 entity who is seeking such a certificate must create and
191 maintain an online account with the division and provide an e
192 mail address to the division to function as the primary means of
193 contact for all communication from the division. Each person or
194 entity is responsible for maintaining accurate contact
195 information on file with the division.
196 (2) The division shall adopt rules to implement this
197 section.
198 Section 7. Subsection (4) is added to section 468.521,
199 Florida Statutes, to read:
200 468.521 Board of Employee Leasing Companies; membership;
201 appointments; terms.—
202 (4) If at any time a sufficient number of appointed board
203 members does not exist to constitute a quorum pursuant to s.
204 455.207, the department may, only during the absence of such
205 quorum, exercise all powers and duties granted to the board
206 pursuant to chapter 455 and this chapter.
207 Section 8. Paragraph (c) of subsection (2) of section
208 469.006, Florida Statutes, is amended to read:
209 469.006 Licensure of business organizations; qualifying
210 agents.—
211 (2)
212 (c) As a prerequisite to the issuance of a license under
213 this section, the applicant shall submit the following:
214 1. An affidavit on a form provided by the department
215 attesting that the applicant has obtained workers’ compensation
216 insurance as required by chapter 440, public liability
217 insurance, and property damage insurance, in amounts determined
218 by department rule. The department shall establish by rule a
219 procedure to verify the accuracy of such affidavits based upon a
220 random sample method.
221 2. Evidence of financial responsibility. The department
222 shall adopt rules to determine financial responsibility which
223 must shall specify grounds on which the department may deny
224 licensure. Such criteria must shall include, but is not be
225 limited to, credit history and limits of bondability and credit.
226 Section 9. Paragraph (c) of subsection (2) of section
227 471.003, Florida Statutes, is amended to read:
228 471.003 Qualifications for practice; exemptions.—
229 (2) The following persons are not required to be licensed
230 under the provisions of this chapter as a licensed engineer:
231 (c) Regular full-time employees of a business organization
232 corporation not engaged in the practice of engineering as such,
233 whose practice of engineering for such business organization
234 corporation is limited to the design or fabrication of
235 manufactured products and servicing of such products.
236 Section 10. Section 473.306, Florida Statutes, is amended
237 to read:
238 473.306 Examinations.—
239 (1) A person desiring to be licensed as a Florida certified
240 public accountant shall apply to the department to take the
241 licensure examination.
242 (2) A person applying to the department to take the
243 licensure examination must create and maintain an online account
244 with the department and provide an e-mail address to function as
245 the primary means of contact for all communication to the
246 applicant from the department. Each applicant is responsible for
247 maintaining accurate contact information on file with the
248 department and must submit any change in the applicant’s e-mail
249 address or home address within 30 days after the change. All
250 changes must be submitted through the department’s online
251 system.
252 (3) An applicant is entitled to take the licensure
253 examination to practice in this state as a certified public
254 accountant if:
255 (a) The applicant has completed 120 semester hours or 180
256 quarter hours from an accredited college or university with a
257 concentration in accounting and business courses as specified by
258 the board by rule; and
259 (b) The applicant shows that she or he has good moral
260 character. For purposes of this paragraph, the term “good moral
261 character” has the same meaning as provided in s. 473.308(7)(a)
262 s. 473.308(6)(a). The board may refuse to allow an applicant to
263 take the licensure examination for failure to satisfy this
264 requirement if:
265 1. The board finds a reasonable relationship between the
266 lack of good moral character of the applicant and the
267 professional responsibilities of a certified public accountant;
268 and
269 2. The finding by the board of lack of good moral character
270 is supported by competent substantial evidence.
271
272 If an applicant is found pursuant to this paragraph to be
273 unqualified to take the licensure examination because of a lack
274 of good moral character, the board shall furnish to the
275 applicant a statement containing the findings of the board, a
276 complete record of the evidence upon which the determination was
277 based, and a notice of the rights of the applicant to a
278 rehearing and appeal.
279 (4)(3) The board shall have the authority to establish the
280 standards for determining and shall determine:
281 (a) What constitutes a passing grade for each subject or
282 part of the licensure examination;
283 (b) Which educational institutions, in addition to the
284 universities in the State University System of Florida, shall be
285 deemed to be accredited colleges or universities;
286 (c) What courses and number of hours constitute a major in
287 accounting; and
288 (d) What courses and number of hours constitute additional
289 accounting courses acceptable under s. 473.308(4) s. 473.308(3).
290 (5)(4) The board may adopt an alternative licensure
291 examination for persons who have been licensed to practice
292 public accountancy or its equivalent in a foreign country so
293 long as the International Qualifications Appraisal Board of the
294 National Association of State Boards of Accountancy has ratified
295 an agreement with that country for reciprocal licensure.
296 (6)(5) For the purposes of maintaining the proper
297 educational qualifications for licensure under this chapter, the
298 board may appoint an Educational Advisory Committee, which shall
299 be composed of one member of the board, two persons in public
300 practice who are licensed under this chapter, and four
301 academicians on faculties of universities in this state.
302 Section 11. Present subsections (3) through (9) of section
303 473.308, Florida Statutes, are redesignated as subsections (4)
304 through (10), respectively, a new subsection (3) is added to
305 that section, and subsection (2), paragraph (b) of present
306 subsection (4), and present subsection (8) of that section are
307 amended, to read:
308 473.308 Licensure.—
309 (2) The board shall certify for licensure any applicant who
310 successfully passes the licensure examination and satisfies the
311 requirements of subsections (4), (5), and (6) (3), (4), and (5),
312 and shall certify for licensure any firm that satisfies the
313 requirements of ss. 473.309 and 473.3101. The board may refuse
314 to certify any applicant or firm that has violated any of the
315 provisions of s. 473.322.
316 (3) A person desiring to be licensed as a Florida certified
317 public accountant or a firm desiring to engage in the practice
318 of public accounting must create and maintain an online account
319 with the department and provide an e-mail address to function as
320 the primary means of contact for all communication from the
321 department. Certified public accountants and firms are
322 responsible for maintaining accurate contact information on file
323 with the department and must submit any change in an e-mail
324 address or street address within 30 days after the change. All
325 changes must be submitted through the department’s online
326 system.
327 (5)(4)
328 (b) However, an applicant who completed the requirements of
329 subsection (4) (3) on or before December 31, 2008, and who
330 passes the licensure examination on or before June 30, 2010, is
331 exempt from the requirements of this subsection.
332 (9)(8) If the applicant has at least 5 years of experience
333 in the practice of public accountancy in the United States or in
334 the practice of public accountancy or its equivalent in a
335 foreign country that the International Qualifications Appraisal
336 Board of the National Association of State Boards of Accountancy
337 has determined has licensure standards that are substantially
338 equivalent to those in the United States, or has at least 5
339 years of work experience that meets the requirements of
340 subsection (5) (4), the board must shall waive the requirements
341 of subsection (4) (3) which are in excess of a baccalaureate
342 degree. All experience that is used as a basis for waiving the
343 requirements of subsection (4) (3) must be while licensed as a
344 certified public accountant by another state or territory of the
345 United States or while licensed in the practice of public
346 accountancy or its equivalent in a foreign country that the
347 International Qualifications Appraisal Board of the National
348 Association of State Boards of Accountancy has determined has
349 licensure standards that are substantially equivalent to those
350 in the United States. The board shall have the authority to
351 establish the standards for experience that meet this
352 requirement.
353 Section 12. Subsections (2) and (3) of section 476.114,
354 Florida Statutes, are amended to read:
355 476.114 Examination; prerequisites.—
356 (2) An applicant is shall be eligible for licensure by
357 examination to practice barbering if the applicant:
358 (a) Is at least 16 years of age;
359 (b) Pays the required application fee; and
360 (c)1. Holds an active valid license to practice barbering
361 in another state, has held the license for at least 1 year, and
362 does not qualify for licensure by endorsement as provided for in
363 s. 476.144(5); or
364 2. Has received a minimum of 900 hours of training in
365 sanitation, safety, and laws and rules, as established by the
366 board, which must shall include, but is shall not be limited to,
367 the equivalent of completion of services directly related to the
368 practice of barbering at one of the following:
369 1.a. A school of barbering licensed pursuant to chapter
370 1005;
371 2.b. A barbering program within the public school system;
372 or
373 3.c. A government-operated barbering program in this state.
374
375 The board shall establish by rule procedures whereby the school
376 or program may certify that a person is qualified to take the
377 required examination after the completion of a minimum of 600
378 actual school hours. If the person passes the examination, she
379 or he has shall have satisfied this requirement; but if the
380 person fails the examination, she or he may shall not be
381 qualified to take the examination again until the completion of
382 the full requirements provided by this section.
383 (3) An applicant who meets the requirements set forth in
384 paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass
385 the examination may take subsequent examinations as many times
386 as necessary to pass, except that the board may specify by rule
387 reasonable timeframes for rescheduling the examination and
388 additional training requirements for applicants who, after the
389 third attempt, fail to pass the examination. Prior to
390 reexamination, the applicant must file the appropriate form and
391 pay the reexamination fee as required by rule.
392 Section 13. Subsection (2) of section 477.019, Florida
393 Statutes, is amended to read:
394 477.019 Cosmetologists; qualifications; licensure;
395 supervised practice; license renewal; endorsement; continuing
396 education.—
397 (2) An applicant is shall be eligible for licensure by
398 examination to practice cosmetology if the applicant:
399 (a) Is at least 16 years of age or has received a high
400 school diploma;
401 (b) Pays the required application fee, which is not
402 refundable, and the required examination fee, which is
403 refundable if the applicant is determined to not be eligible for
404 licensure for any reason other than failure to successfully
405 complete the licensure examination; and
406 (c)1. Is authorized to practice cosmetology in another
407 state or country, has been so authorized for at least 1 year,
408 and does not qualify for licensure by endorsement as provided
409 for in subsection (5); or
410 2. Has received a minimum of 1,200 hours of training as
411 established by the board, which must shall include, but is shall
412 not be limited to, the equivalent of completion of services
413 directly related to the practice of cosmetology at one of the
414 following:
415 1.a. A school of cosmetology licensed pursuant to chapter
416 1005.
417 2.b. A cosmetology program within the public school system.
418 3.c. The Cosmetology Division of the Florida School for the
419 Deaf and the Blind, provided the division meets the standards of
420 this chapter.
421 4.d. A government-operated cosmetology program in this
422 state.
423
424 The board shall establish by rule procedures whereby the school
425 or program may certify that a person is qualified to take the
426 required examination after the completion of a minimum of 1,000
427 actual school hours. If the person then passes the examination,
428 he or she has shall have satisfied this requirement; but if the
429 person fails the examination, he or she may shall not be
430 qualified to take the examination again until the completion of
431 the full requirements provided by this section.
432 Section 14. Paragraph (c) of subsection (7) of section
433 489.131, Florida Statutes, is amended to read:
434 489.131 Applicability.—
435 (7)
436 (c) In addition to any action the local jurisdiction
437 enforcement body may take against the individual’s local
438 license, and any fine the local jurisdiction may impose, the
439 local jurisdiction enforcement body shall issue a recommended
440 penalty for board action. This recommended penalty may include a
441 recommendation for no further action, or a recommendation for
442 suspension, restitution, revocation, or restriction of the
443 registration, or a fine to be levied by the board, or a
444 combination thereof. The recommended penalty must specify the
445 violations of this chapter upon which the recommendation is
446 based. The local jurisdiction enforcement body shall inform the
447 disciplined contractor and the complainant of the local license
448 penalty imposed, the board penalty recommended, his or her
449 rights to appeal, and the consequences should he or she decide
450 not to appeal. The local jurisdiction enforcement body shall,
451 upon having reached adjudication or having accepted a plea of
452 nolo contendere, immediately inform the board of its action and
453 the recommended board penalty.
454 Section 15. Subsections (3) and (6) of section 489.143,
455 Florida Statutes, are amended to read:
456 489.143 Payment from the fund.—
457 (3) Beginning January 1, 2005, for each Division I contract
458 entered into after July 1, 2004, payment from the recovery fund
459 is subject to a $50,000 maximum payment for each Division I
460 claim. Beginning January 1, 2017, for each Division II contract
461 entered into on or after July 1, 2016, payment from the recovery
462 fund is subject to a $15,000 maximum payment for each Division
463 II claim. Beginning January 1, 2025, for Division I and Division
464 II contracts entered into on or after July 1, 2024, payment from
465 the recovery fund is subject to a $100,000 maximum payment for
466 each Division I claim and a $30,000 maximum payment for each
467 Division II claim.
468 (6) For contracts entered into before July 1, 2004,
469 payments for claims against any one licensee may not exceed, in
470 the aggregate, $100,000 annually, up to a total aggregate of
471 $250,000. For any claim approved by the board which is in excess
472 of the annual cap, the amount in excess of $100,000 up to the
473 total aggregate cap of $250,000 is eligible for payment in the
474 next and succeeding fiscal years, but only after all claims for
475 the then-current calendar year have been paid. Payments may not
476 exceed the aggregate annual or per claimant limits under law.
477 Beginning January 1, 2005, for each Division I contract entered
478 into after July 1, 2004, payment from the recovery fund is
479 subject only to a total aggregate cap of $500,000 for each
480 Division I licensee. Beginning January 1, 2017, for each
481 Division II contract entered into on or after July 1, 2016,
482 payment from the recovery fund is subject only to a total
483 aggregate cap of $150,000 for each Division II licensee.
484 Beginning January 1, 2025, for Division I and Division II
485 contracts entered into on or after July 1, 2024, payment from
486 the recovery fund is subject only to a total aggregate cap of $2
487 million for each Division I licensee and $600,000 for each
488 Division II licensee.
489 Section 16. Subsection (19) of section 489.505, Florida
490 Statutes, is amended to read:
491 489.505 Definitions.—As used in this part:
492 (19) “Specialty contractor” means a contractor whose scope
493 of practice is limited to a specific segment of electrical or
494 alarm system contracting established in a category adopted by
495 board rule, including, but not limited to, residential
496 electrical contracting, maintenance of electrical fixtures, and
497 fabrication, erection, installation, and maintenance of
498 electrical and nonelectrical advertising signs together with the
499 interrelated parts and supports thereof.
500 Section 17. Paragraph (b) of subsection (15) of section
501 499.012, Florida Statutes, is amended to read:
502 499.012 Permit application requirements.—
503 (15)
504 (b) To be certified as a designated representative, a
505 natural person must:
506 1. Submit an application on a form furnished by the
507 department and pay the appropriate fees.
508 2. Be at least 18 years of age.
509 3. Have at least 2 years of verifiable full-time:
510 a. Work experience in a pharmacy licensed in this state or
511 another state, where the person’s responsibilities included, but
512 were not limited to, recordkeeping for prescription drugs;
513 b. Managerial experience with a prescription drug wholesale
514 distributor licensed in this state or in another state; or
515 c. Managerial experience with the United States Armed
516 Forces, where the person’s responsibilities included, but were
517 not limited to, recordkeeping, warehousing, distributing, or
518 other logistics services pertaining to prescription drugs;
519 d. Managerial experience with a state or federal
520 organization responsible for regulating or permitting
521 establishments involved in the distribution of prescription
522 drugs, whether in an administrative or a sworn law enforcement
523 capacity; or
524 e. Work experience as a drug inspector or investigator with
525 a state or federal organization, whether in an administrative or
526 a sworn law enforcement capacity, where the person’s
527 responsibilities related primarily to compliance with state or
528 federal requirements pertaining to the distribution of
529 prescription drugs.
530 4. Receive a passing score of at least 75 percent on an
531 examination given by the department regarding federal laws
532 governing distribution of prescription drugs and this part and
533 the rules adopted by the department governing the wholesale
534 distribution of prescription drugs. This requirement shall be
535 effective 1 year after the results of the initial examination
536 are mailed to the persons that took the examination. The
537 department shall offer such examinations at least four times
538 each calendar year.
539 5. Provide the department with a personal information
540 statement and fingerprints pursuant to subsection (9).
541 Section 18. Subsection (2) of section 561.15, Florida
542 Statutes, is amended to read:
543 561.15 Licenses; qualifications required.—
544 (2) A No license under the Beverage Law may not shall be
545 issued to any person who has been convicted within the last past
546 5 years of any offense against the beverage laws of this state,
547 the United States, or any other state; who has been convicted
548 within the last past 5 years in this state or any other state or
549 the United States of soliciting for prostitution, pandering,
550 letting premises for prostitution, or keeping a disorderly place
551 or of any criminal violation of chapter 893 or the controlled
552 substance act of any other state or the Federal Government; or
553 who has been convicted in the last past 10 15 years of any
554 felony in this state or any other state or the United States; or
555 to a corporation, any of the officers of which shall have been
556 so convicted. The term “conviction” includes shall include an
557 adjudication of guilt on a plea of guilty or nolo contendere or
558 the forfeiture of a bond when charged with a crime.
559 Section 19. Subsection (5) of section 561.17, Florida
560 Statutes, is amended to read:
561 561.17 License and registration applications; approved
562 person.—
563 (5) Any person or entity licensed or permitted by the
564 division, or applying for a license or permit, must create and
565 maintain an account with the division’s online system and
566 provide an e-mail electronic mail address to the division to
567 function as the primary means of contact for all communication
568 by the division to the licensee, or permittee, or applicant.
569 Licensees, and permittees, and applicants are responsible for
570 maintaining accurate contact information on file with the
571 division. A person or an entity seeking a license or permit from
572 the division must apply using forms prepared by the division and
573 filed through the division’s online system before engaging in
574 any business for which a license or permit is required. The
575 division may not process an application for an alcoholic
576 beverage license unless the application is submitted through the
577 division’s online system.
578 Section 20. Section 569.00256, Florida Statutes, is created
579 to read:
580 569.00256 Account; online system.—A person or an entity
581 licensed or permitted by the division under this part, or
582 applying for a license or a permit, must create and maintain an
583 account with the division’s online system and provide an e-mail
584 address to the division to function as the primary means of
585 contact for all communication by the division to the licensee,
586 permittee, or applicant. Licensees, permittees, and applicants
587 are responsible for maintaining accurate contact information
588 with the division. A person or an entity seeking a license or
589 permit from the division must apply using forms prepared by the
590 division and filed through the division’s online system before
591 engaging in any business for which a license or permit is
592 required. The division may not process an application to deal,
593 at retail, in tobacco products unless the application is
594 submitted through the division’s online system.
595 Section 21. Section 569.3156, Florida Statutes, is created
596 to read:
597 569.3156 Account; online system.—A person or an entity
598 licensed or permitted by the division under this part, or
599 applying for a license or a permit, must create and maintain an
600 account with the division’s online system and provide an e-mail
601 address to the division to function as the primary means of
602 contact for all communication by the division to the licensee,
603 permittee, or applicant. Licensees, permittees, and applicants
604 are responsible for maintaining accurate contact information
605 with the division. A person or an entity seeking a license or
606 permit from the division must apply using forms prepared by the
607 division and filed through the division’s online system before
608 engaging in any business for which a license or permit is
609 required. The division may not process an application to deal,
610 at retail, in nicotine products unless the application is
611 submitted through the division’s online system.
612 Section 22. Subsection (2) of section 210.16, Florida
613 Statutes, is amended to read:
614 210.16 Revocation or suspension of permit.—
615 (2) The division shall revoke the permit or permits of any
616 person who would be ineligible to obtain a new license or renew
617 a license by reason of any of the conditions for permitting
618 provided in s. 210.15(1)(d)1.-6. s. 210.15(1)(c)1.-6.
619 Section 23. Paragraph (a) of subsection (6) of section
620 476.144, Florida Statutes, is amended to read:
621 476.144 Licensure.—
622 (6) A person may apply for a restricted license to practice
623 barbering. The board shall adopt rules specifying procedures for
624 an applicant to obtain a restricted license if the applicant:
625 (a)1. Has successfully completed a restricted barber
626 course, as established by rule of the board, at a school of
627 barbering licensed pursuant to chapter 1005, a barbering program
628 within the public school system, or a government-operated
629 barbering program in this state; or
630 2.a. Holds or has within the previous 5 years held an
631 active valid license to practice barbering in another state or
632 country or has held a Florida barbering license which has been
633 declared null and void for failure to renew the license, and the
634 applicant fulfilled the requirements of s. 476.114(2)(c) s.
635 476.114(2)(c)2. for initial licensure; and
636 b. Has not been disciplined relating to the practice of
637 barbering in the previous 5 years; and
638
639 The restricted license shall limit the licensee’s practice to
640 those specific areas in which the applicant has demonstrated
641 competence pursuant to rules adopted by the board.
642 Section 24. This act shall take effect July 1, 2024.
643
644 ================= T I T L E A M E N D M E N T ================
645 And the title is amended as follows:
646 Delete everything before the enacting clause
647 and insert:
648 A bill to be entitled
649 An act relating to the Department of Business and
650 Professional Regulation; amending s. 210.15 and
651 creating s. 210.32, F.S.; requiring persons or
652 entities licensed or permitted by the department’s
653 Division of Alcoholic Beverages and Tobacco, or
654 applying for such license or permit, to create and
655 maintain an account with the division’s online system
656 and provide an e-mail address to the division;
657 specifying application requirements; prohibiting the
658 division from processing applications not submitted
659 through the online system; amending s. 210.40, F.S.;
660 revising the amount of an initial corporate surety
661 bond required as a condition of licensure as a tobacco
662 product distributor; requiring the division to review
663 corporate surety bond amounts on a specified basis;
664 authorizing the division to increase a bond amount,
665 subject to specified conditions; authorizing the
666 division to adjust bond amounts by rule; authorizing
667 the division to reduce a bond amount upon a showing of
668 good cause; defining terms; prohibiting the division
669 from reducing a bond amount under specified
670 circumstances; requiring the division to notify
671 distributors in writing if their corporate surety bond
672 requirements change; providing applicability;
673 authorizing the division to adopt rules; amending s.
674 310.0015, F.S.; deleting a provision requiring a
675 competency-based mentor program at ports; deleting a
676 requirement that the department submit an annual
677 report on the mentor program; amending s. 310.081,
678 F.S.; deleting a requirement that the department
679 consider certain characteristics for applicants for
680 certification as a deputy pilot; making technical
681 changes; creating s. 399.18, F.S.; requiring certain
682 persons or entities certified or registered under the
683 Elevator Safety Act, or applying for such
684 certifications or registrations, to create and
685 maintain an online account with the department’s
686 Division of Hotels and Restaurants and provide an e
687 mail address to the division; requiring such persons
688 and entities to maintain the accuracy of their contact
689 information; requiring the division to adopt rules;
690 amending s. 468.521, F.S.; authorizing the department
691 to exercise all powers and duties granted to the Board
692 of Employee Leasing Companies if the board lacks the
693 number of appointed members needed to constitute a
694 quorum; amending s. 469.006, F.S.; revising
695 requirements for department rules governing evidence
696 of financial responsibility of applicants seeking
697 licensure as a business organization under ch. 469,
698 F.S.; amending s. 471.003, F.S.; expanding an
699 exemption from certain engineering licensing
700 requirements under ch. 471, F.S., to include regular
701 full-time employees of certain business organizations,
702 rather than regular full-time employees of certain
703 corporations licensed under ch. 471, F.S.; amending s.
704 473.306, F.S.; requiring applicants for the
705 accountancy licensure examination to create and
706 maintain an online account with the department and
707 provide an e-mail address; requiring applicants to
708 maintain the accuracy of their contact information;
709 requiring that address changes be submitted through
710 the department’s online system within a specified
711 timeframe; conforming cross-references; amending s.
712 473.308, F.S.; requiring a person seeking licensure as
713 a Florida certified public accountant, or a firm
714 seeking to engage in public accountancy, to create and
715 maintain an online account with the department and
716 provide an e-mail address; requiring certified public
717 accountants and accounting firms to maintain the
718 accuracy of their contact information; requiring that
719 address changes be submitted through the department’s
720 online system within a specified timeframe; amending
721 s. 476.114, F.S.; revising eligibility requirements
722 for licensure as a barber; making technical changes;
723 amending s. 477.019, F.S.; revising eligibility
724 requirements for licensure by examination to practice
725 cosmetology; amending s. 489.131, F.S.; revising the
726 types of penalties that may be recommended by a local
727 jurisdiction enforcement body against a contractor;
728 specifying requirements for any such recommended
729 penalties; amending s. 489.143, F.S.; revising payment
730 limitations for payments made from the department’s
731 Florida Homeowners’ Construction Recovery Fund;
732 amending s. 489.505, F.S.; revising the definition of
733 the term “specialty contractor”; amending s. 499.012,
734 F.S.; revising requirements for certification as a
735 designated representative of a prescription drug
736 wholesale distributor; amending s. 561.15, F.S.;
737 revising the requirements for the issuance of a
738 license under the Beverage Law; making technical
739 changes; amending s. 561.17, F.S.; requiring persons
740 or entities licensed or permitted by the Division of
741 Alcoholic Beverages and Tobacco, or applying for such
742 license or permit, to create and maintain an account
743 with the division’s online system; specifying
744 application requirements; prohibiting the division
745 from processing applications not submitted through the
746 online system; creating ss. 569.00256 and 569.3156,
747 F.S.; requiring certain persons or entities licensed
748 or permitted by the division, or applying for such a
749 license or permit, to create and maintain an account
750 with the division’s online system; requiring
751 licensees, permittees, and applicants to provide the
752 division with an e-mail address and maintain accurate
753 contact information; specifying application
754 requirements; prohibiting the division from processing
755 applications not submitted through the online system;
756 amending ss. 210.16 and 476.144, F.S.; conforming
757 cross-references; providing an effective date.