Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1544
       
       
       
       
       
       
                                Ì659996uÎ659996                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/25/2024           .                                
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       The Committee on Fiscal Policy (Hooper) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 453 - 642
    4  and insert:
    5         Section 12. Subsections (2) and (3) of section 476.114,
    6  Florida Statutes, are amended to read:
    7         476.114 Examination; prerequisites.—
    8         (2) An applicant is shall be eligible for licensure by
    9  examination to practice barbering if the applicant:
   10         (a) Is at least 16 years of age;
   11         (b) Pays the required application fee; and
   12         (c)1. Holds an active valid license to practice barbering
   13  in another state, has held the license for at least 1 year, and
   14  does not qualify for licensure by endorsement as provided for in
   15  s. 476.144(5); or
   16         2. Has received a minimum of 900 hours of training in
   17  sanitation, safety, and laws and rules, as established by the
   18  board, which must shall include, but is shall not be limited to,
   19  the equivalent of completion of services directly related to the
   20  practice of barbering at one of the following:
   21         1.a. A school of barbering licensed pursuant to chapter
   22  1005;
   23         2.b. A barbering program within the public school system;
   24  or
   25         3.c. A government-operated barbering program in this state.
   26  
   27  The board shall establish by rule procedures whereby the school
   28  or program may certify that a person is qualified to take the
   29  required examination after the completion of a minimum of 600
   30  actual school hours. If the person passes the examination, she
   31  or he has shall have satisfied this requirement; but if the
   32  person fails the examination, she or he may shall not be
   33  qualified to take the examination again until the completion of
   34  the full requirements provided by this section.
   35         (3) An applicant who meets the requirements set forth in
   36  paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass
   37  the examination may take subsequent examinations as many times
   38  as necessary to pass, except that the board may specify by rule
   39  reasonable timeframes for rescheduling the examination and
   40  additional training requirements for applicants who, after the
   41  third attempt, fail to pass the examination. Prior to
   42  reexamination, the applicant must file the appropriate form and
   43  pay the reexamination fee as required by rule.
   44         Section 13. Subsection (2) of section 477.019, Florida
   45  Statutes, is amended to read:
   46         477.019 Cosmetologists; qualifications; licensure;
   47  supervised practice; license renewal; endorsement; continuing
   48  education.—
   49         (2) An applicant is shall be eligible for licensure by
   50  examination to practice cosmetology if the applicant:
   51         (a) Is at least 16 years of age or has received a high
   52  school diploma;
   53         (b) Pays the required application fee, which is not
   54  refundable, and the required examination fee, which is
   55  refundable if the applicant is determined to not be eligible for
   56  licensure for any reason other than failure to successfully
   57  complete the licensure examination; and
   58         (c)1. Is authorized to practice cosmetology in another
   59  state or country, has been so authorized for at least 1 year,
   60  and does not qualify for licensure by endorsement as provided
   61  for in subsection (5); or
   62         2. Has received a minimum of 1,200 hours of training as
   63  established by the board, which must shall include, but is shall
   64  not be limited to, the equivalent of completion of services
   65  directly related to the practice of cosmetology at one of the
   66  following:
   67         1.a. A school of cosmetology licensed pursuant to chapter
   68  1005.
   69         2.b. A cosmetology program within the public school system.
   70         3.c. The Cosmetology Division of the Florida School for the
   71  Deaf and the Blind, provided the division meets the standards of
   72  this chapter.
   73         4.d. A government-operated cosmetology program in this
   74  state.
   75  
   76  The board shall establish by rule procedures whereby the school
   77  or program may certify that a person is qualified to take the
   78  required examination after the completion of a minimum of 1,000
   79  actual school hours. If the person then passes the examination,
   80  he or she has shall have satisfied this requirement; but if the
   81  person fails the examination, he or she may shall not be
   82  qualified to take the examination again until the completion of
   83  the full requirements provided by this section.
   84         Section 14. Paragraph (c) of subsection (7) of section
   85  489.131, Florida Statutes, is amended to read:
   86         489.131 Applicability.—
   87         (7)
   88         (c) In addition to any action the local jurisdiction
   89  enforcement body may take against the individual’s local
   90  license, and any fine the local jurisdiction may impose, the
   91  local jurisdiction enforcement body shall issue a recommended
   92  penalty for board action. This recommended penalty may include a
   93  recommendation for no further action, or a recommendation for
   94  suspension, restitution, revocation, or restriction of the
   95  registration, or a fine to be levied by the board, or a
   96  combination thereof. The recommended penalty must specify the
   97  violations of this chapter upon which the recommendation is
   98  based. The local jurisdiction enforcement body shall inform the
   99  disciplined contractor and the complainant of the local license
  100  penalty imposed, the board penalty recommended, his or her
  101  rights to appeal, and the consequences should he or she decide
  102  not to appeal. The local jurisdiction enforcement body shall,
  103  upon having reached adjudication or having accepted a plea of
  104  nolo contendere, immediately inform the board of its action and
  105  the recommended board penalty.
  106         Section 15. Subsections (3) and (6) of section 489.143,
  107  Florida Statutes, are amended to read:
  108         489.143 Payment from the fund.—
  109         (3) Beginning January 1, 2005, for each Division I contract
  110  entered into after July 1, 2004, payment from the recovery fund
  111  is subject to a $50,000 maximum payment for each Division I
  112  claim. Beginning January 1, 2017, for each Division II contract
  113  entered into on or after July 1, 2016, payment from the recovery
  114  fund is subject to a $15,000 maximum payment for each Division
  115  II claim. Beginning January 1, 2025, for Division I and Division
  116  II contracts entered into on or after July 1, 2024, payment from
  117  the recovery fund is subject to a $100,000 maximum payment for
  118  each Division I claim and a $30,000 maximum payment for each
  119  Division II claim.
  120         (6) For contracts entered into before July 1, 2004,
  121  payments for claims against any one licensee may not exceed, in
  122  the aggregate, $100,000 annually, up to a total aggregate of
  123  $250,000. For any claim approved by the board which is in excess
  124  of the annual cap, the amount in excess of $100,000 up to the
  125  total aggregate cap of $250,000 is eligible for payment in the
  126  next and succeeding fiscal years, but only after all claims for
  127  the then-current calendar year have been paid. Payments may not
  128  exceed the aggregate annual or per claimant limits under law.
  129  Beginning January 1, 2005, for each Division I contract entered
  130  into after July 1, 2004, payment from the recovery fund is
  131  subject only to a total aggregate cap of $500,000 for each
  132  Division I licensee. Beginning January 1, 2017, for each
  133  Division II contract entered into on or after July 1, 2016,
  134  payment from the recovery fund is subject only to a total
  135  aggregate cap of $150,000 for each Division II licensee.
  136  Beginning January 1, 2025, for Division I and Division II
  137  contracts entered into on or after July 1, 2024, payment from
  138  the recovery fund is subject only to a total aggregate cap of $2
  139  million for each Division I licensee and $600,000 for each
  140  Division II licensee.
  141         Section 16. Paragraph (b) of subsection (15) of section
  142  499.012, Florida Statutes, is amended to read:
  143         499.012 Permit application requirements.—
  144         (15)
  145         (b) To be certified as a designated representative, a
  146  natural person must:
  147         1. Submit an application on a form furnished by the
  148  department and pay the appropriate fees.
  149         2. Be at least 18 years of age.
  150         3. Have at least 2 years of verifiable full-time:
  151         a. Work experience in a pharmacy licensed in this state or
  152  another state, where the person’s responsibilities included, but
  153  were not limited to, recordkeeping for prescription drugs;
  154         b. Managerial experience with a prescription drug wholesale
  155  distributor licensed in this state or in another state; or
  156         c. Managerial experience with the United States Armed
  157  Forces, where the person’s responsibilities included, but were
  158  not limited to, recordkeeping, warehousing, distributing, or
  159  other logistics services pertaining to prescription drugs;
  160         d. Managerial experience with a state or federal
  161  organization responsible for regulating or permitting
  162  establishments involved in the distribution of prescription
  163  drugs, whether in an administrative or a sworn law enforcement
  164  capacity; or
  165         e. Work experience as a drug inspector or investigator with
  166  a state or federal organization, whether in an administrative or
  167  a sworn law enforcement capacity, where the person’s
  168  responsibilities related primarily to compliance with state or
  169  federal requirements pertaining to the distribution of
  170  prescription drugs.
  171         4. Receive a passing score of at least 75 percent on an
  172  examination given by the department regarding federal laws
  173  governing distribution of prescription drugs and this part and
  174  the rules adopted by the department governing the wholesale
  175  distribution of prescription drugs. This requirement shall be
  176  effective 1 year after the results of the initial examination
  177  are mailed to the persons that took the examination. The
  178  department shall offer such examinations at least four times
  179  each calendar year.
  180         5. Provide the department with a personal information
  181  statement and fingerprints pursuant to subsection (9).
  182         Section 17. Subsection (2) of section 561.15, Florida
  183  Statutes, is amended to read:
  184         561.15 Licenses; qualifications required.—
  185         (2) A No license under the Beverage Law may not shall be
  186  issued to any person who has been convicted within the last past
  187  5 years of any offense against the beverage laws of this state,
  188  the United States, or any other state; who has been convicted
  189  within the last past 5 years in this state or any other state or
  190  the United States of soliciting for prostitution, pandering,
  191  letting premises for prostitution, or keeping a disorderly place
  192  or of any criminal violation of chapter 893 or the controlled
  193  substance act of any other state or the Federal Government; or
  194  who has been convicted in the last past 10 15 years of any
  195  felony in this state or any other state or the United States; or
  196  to a corporation, any of the officers of which shall have been
  197  so convicted. The term “conviction” includes shall include an
  198  adjudication of guilt on a plea of guilty or nolo contendere or
  199  the forfeiture of a bond when charged with a crime.
  200  
  201  ================= T I T L E  A M E N D M E N T ================
  202  And the title is amended as follows:
  203         Delete lines 68 - 84
  204  and insert:
  205         within a specified timeframe; amending s. 476.114,
  206         F.S.; revising eligibility requirements for licensure
  207         as a barber; making technical changes; amending s.
  208         477.019, F.S.; revising eligibility requirements for
  209         licensure by examination to practice cosmetology;
  210         amending s. 489.131, F.S.; revising the types of
  211         penalties that may be recommended by a local
  212         jurisdiction enforcement body against a contractor;
  213         specifying requirements for any such recommended
  214         penalties; amending s. 489.143, F.S.; revising payment
  215         limitations for payments made from the department’s
  216         Florida Homeowners’ Construction Recovery Fund;
  217         amending s. 499.012, F.S.; revising requirements for
  218         certification as a designated representative of a
  219         prescription drug wholesale distributor; amending s.
  220         561.15, F.S.; revising the requirements for the
  221         issuance of a license under the Beverage Law; making
  222         technical changes; amending s.