Florida Senate - 2024                             CS for SB 1544
       
       
        
       By the Committee on Regulated Industries; and Senator Hooper
       
       
       
       
       
       580-02901-24                                          20241544c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Business and
    3         Professional Regulation; amending s. 210.15 and
    4         creating s. 210.32, F.S.; requiring persons or
    5         entities licensed or permitted by the department’s
    6         Division of Alcoholic Beverages and Tobacco, or
    7         applying for such license or permit, to create and
    8         maintain an account with the division’s online system
    9         and provide an e-mail address to the division;
   10         specifying application requirements; prohibiting the
   11         division from processing applications not submitted
   12         through the online system; amending s. 210.40, F.S.;
   13         revising the amount of an initial corporate surety
   14         bond required as a condition of licensure as a tobacco
   15         product distributor; requiring the division to review
   16         corporate surety bond amounts on a specified basis;
   17         authorizing the division to increase a bond amount,
   18         subject to specified conditions; authorizing the
   19         division to adjust bond amounts by rule; authorizing
   20         the division to reduce a bond amount upon a showing of
   21         good cause; defining terms; requiring the division to
   22         notify distributors in writing if their corporate
   23         surety bond requirements change; providing
   24         applicability; prohibiting the division from reducing
   25         a bond amount under specified circumstances;
   26         authorizing the division to adopt rules; amending s.
   27         310.0015, F.S.; deleting a provision requiring a
   28         competency-based mentor program at ports; deleting a
   29         requirement that the department submit an annual
   30         report on the mentor program; amending s. 310.081,
   31         F.S.; deleting a requirement that the department
   32         consider certain characteristics for applicants for
   33         certification as a deputy pilot; making technical
   34         changes; creating s. 399.18, F.S.; requiring certain
   35         persons or entities certified or registered under the
   36         Elevator Safety Act, or applying for such
   37         certifications or registrations, to create and
   38         maintain an online account with the department’s
   39         Division of Hotels and Restaurants and provide an e
   40         mail address to the division; requiring such persons
   41         and entities to maintain the accuracy of their contact
   42         information; requiring the division to adopt rules;
   43         creating s. 468.519, F.S.; creating the employee
   44         leasing companies licensing program under the
   45         department; providing legislative intent; repealing s.
   46         468.521, F.S., relating to the department’s Board of
   47         Employee Leasing Companies; amending s. 469.006, F.S.;
   48         revising requirements for department rules governing
   49         evidence of financial responsibility of applicants
   50         seeking licensure as a business organization under ch.
   51         469, F.S.; amending s. 473.306, F.S.; requiring
   52         applicants for the accountancy licensure examination
   53         to create and maintain an online account with the
   54         department and provide an e-mail address; requiring
   55         applicants to maintain the accuracy of their contact
   56         information; requiring that address changes be
   57         submitted through the department’s online system
   58         within a specified timeframe; conforming cross
   59         references; amending s. 473.308, F.S.; requiring a
   60         person seeking licensure as a Florida certified public
   61         accountant, or a firm seeking to engage in public
   62         accountancy, to create and maintain an online account
   63         with the department and provide an e-mail address;
   64         requiring certified public accountants and accounting
   65         firms to maintain the accuracy of their contact
   66         information; requiring that address changes be
   67         submitted through the department’s online system
   68         within a specified timeframe; amending s. 475.181,
   69         F.S.; revising conditions regarding issuance of a
   70         licensure under part I of ch. 475, F.S.; amending s.
   71         476.114, F.S.; revising eligibility requirements for
   72         licensure as a barber; making technical changes;
   73         amending s. 477.019, F.S.; revising eligibility
   74         requirements for licensure by examination to practice
   75         cosmetology; amending s. 489.131, F.S.; revising the
   76         types of penalties that may be recommended by a local
   77         jurisdiction enforcement body against a contractor;
   78         specifying requirements for any such recommended
   79         penalties; amending s. 489.143, F.S.; revising payment
   80         limitations for payments made from the department’s
   81         Florida Homeowners’ Construction Recovery Fund;
   82         amending s. 499.012, F.S.; revising requirements for
   83         certification as a designated representative of a
   84         prescription drug wholesale distributor; amending s.
   85         561.17, F.S.; requiring persons or entities licensed
   86         or permitted by the Division of Alcoholic Beverages
   87         and Tobacco, or applying for such license or permit,
   88         to create and maintain an account with the division’s
   89         online system; specifying application requirements;
   90         prohibiting the division from processing applications
   91         not submitted through the online system; creating ss.
   92         569.00256 and 569.3156, F.S.; requiring certain
   93         persons or entities licensed or permitted by the
   94         division, or applying for such a license or permit, to
   95         create and maintain an account with the division’s
   96         online system; requiring licensees, permittees, and
   97         applicants to provide the division with an e-mail
   98         address and maintain accurate contact information;
   99         specifying application requirements; prohibiting the
  100         division from processing applications not submitted
  101         through the online system; amending ss. 20.165,
  102         210.16, 212.08, 440.02, 448.26, 468.520, 468.522,
  103         468.524, 468.5245, 468.525, 468.526, 468.527,
  104         468.5275, 468.529, 468.530, 468.531, 468.532, 476.144,
  105         and 627.192, F.S.; conforming cross-references and
  106         provisions to changes made by the act; providing an
  107         effective date.
  108          
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. Present paragraphs (a) through (h) of subsection
  112  (1) of section 210.15, Florida Statutes, are redesignated as
  113  paragraphs (b) through (i), respectively, and a new paragraph
  114  (a) is added to that subsection, to read:
  115         210.15 Permits.—
  116         (1)
  117         (a) A person or an entity licensed or permitted by the
  118  division, or applying for a license or a permit, must create and
  119  maintain an account with the division’s online system and
  120  provide an e-mail address to the division to function as the
  121  primary means of contact for all communication by the division
  122  to the licensee, permittee, or applicant. Licensees, permittees,
  123  and applicants are responsible for maintaining accurate contact
  124  information on file with the division. A person or an entity
  125  seeking a license or permit under this part must apply using
  126  forms furnished by the division which are filed through the
  127  division’s online system before commencing operations. The
  128  division may not process an application for a license or permit
  129  issued by the division under this part unless the application is
  130  submitted through the division’s online system.
  131         Section 2. Section 210.32, Florida Statutes, is created to
  132  read:
  133         210.32 Account; online system.—A person or an entity
  134  licensed or permitted by the division, or applying for a license
  135  or a permit, must create and maintain an account with the
  136  division’s online system and provide an e-mail address to the
  137  division to function as the primary means of contact for all
  138  communication by the division to the licensee, permittee, or
  139  applicant. Licensees, permittees, and applicants are responsible
  140  for maintaining accurate contact information on file with the
  141  division. A person or an entity seeking a license or a permit
  142  under this part must apply using forms furnished by the division
  143  which are filed through the division’s online system before
  144  commencing operations. The division may not process an
  145  application for a license or permit issued by the division under
  146  this part unless the application is submitted through the
  147  division’s online system.
  148         Section 3. Section 210.40, Florida Statutes, is amended to
  149  read:
  150         210.40 License fees; surety bond; application for each
  151  place of business.—
  152         (1) Each application for a distributor’s license must shall
  153  be accompanied by a fee of $25. The application must shall also
  154  be accompanied by a corporate surety bond issued by a surety
  155  company authorized to do business in this state, conditioned for
  156  the payment when due of all taxes, penalties, and accrued
  157  interest which may be due the state. The initial corporate
  158  surety bond shall be in the sum of $25,000 $1,000 and in a form
  159  prescribed by the division.
  160         (a) The division shall review the amount of a corporate
  161  surety bond on a semiannual basis to ensure that the bond amount
  162  is adequate to protect the state.
  163         (b) The division may increase the corporate surety bond
  164  amount before renewing a distributor’s license or after
  165  completing its semiannual review of the bond amount.
  166         (c) The corporate surety bond amount may be increased to
  167  the sum of the distributor’s highest month of final audited tax
  168  liabilities, penalties, and accrued interest which are due to
  169  the state.
  170         (2) A corporate surety bond, with the sum determined by the
  171  division in accordance with paragraph (1)(c), is required for
  172  renewal of a distributor’s license.
  173         (3) The division may prescribe by rule increases in the
  174  corporate surety bond amounts required as a condition of
  175  licensure.
  176         (4)(a) The division may reduce the amount of a corporate
  177  surety bond upon a distributor’s showing of good cause. For
  178  purposes of this subsection, the term:
  179         1. “Fully resolved” means that criminal or administrative
  180  charges or investigations have been definitively closed or
  181  dismissed, have resulted in an acquittal, or have otherwise
  182  ended in such a manner that no further legal or administrative
  183  actions relating to charges or investigations are pending
  184  against a licensee under applicable laws, rules, or regulations.
  185         2. “Good cause” means a consistent pattern of responsible
  186  financial behavior by the distributor over a period of at least
  187  the preceding 4 years, and having the sum of the distributor’s
  188  final audited tax liabilities, penalties, and interest be less
  189  than the amount of the distributor’s corporate surety bond for
  190  every month for a period of at least the preceding 4 years.
  191         3. “Responsible financial behavior” includes the timely and
  192  complete reporting and payment of all tax liabilities,
  193  penalties, and accrued interest due to the state for a period of
  194  at least the preceding 4 years.
  195         (b) The division may not reduce a corporate surety bond
  196  amount when a licensee:
  197         1. Is in default of any tax liabilities, penalties, or
  198  interest due to the state;
  199         2. Is the subject of a pending criminal prosecution in any
  200  jurisdiction until such prosecution has been fully resolved;
  201         3. Has pending administrative charges brought by an
  202  authorized regulatory body or agency which have not been fully
  203  resolved in accordance with applicable rules and procedures; or
  204         4. Is under investigation by any administrative body or
  205  agency for potential criminal violations until any such
  206  investigation is completed and the findings of the investigation
  207  have been fully resolved in accordance with applicable law.
  208         (5) The division shall notify a distributor in writing of
  209  any change in the distributor’s corporate surety bond
  210  requirements by the date on which the distributor’s audited tax
  211  assessments become final.
  212         (6) The provisions of this section governing corporate
  213  surety bonds are not subject to s. 120.60 Whenever it is the
  214  opinion of the division that the bond given by a licensee is
  215  inadequate in amount to fully protect the state, the division
  216  shall require an additional bond in such amount as is deemed
  217  sufficient.
  218         (7) A separate application for a license must shall be made
  219  for each place of business at which a distributor proposes to
  220  engage in business as a distributor under this part, but an
  221  applicant may provide one corporate surety bond in an amount
  222  determined by the division for all applications made by the
  223  distributor consistent with the requirements of this section.
  224         (8) The division may adopt rules to administer this
  225  section.
  226         Section 4. Paragraph (d) of subsection (3) of section
  227  310.0015, Florida Statutes, is amended to read:
  228         310.0015 Piloting regulation; general provisions.—
  229         (3) The rate-setting process, the issuance of licenses only
  230  in numbers deemed necessary or prudent by the board, and other
  231  aspects of the economic regulation of piloting established in
  232  this chapter are intended to protect the public from the adverse
  233  effects of unrestricted competition which would result from an
  234  unlimited number of licensed pilots being allowed to market
  235  their services on the basis of lower prices rather than safety
  236  concerns. This system of regulation benefits and protects the
  237  public interest by maximizing safety, avoiding uneconomic
  238  duplication of capital expenses and facilities, and enhancing
  239  state regulatory oversight. The system seeks to provide pilots
  240  with reasonable revenues, taking into consideration the normal
  241  uncertainties of vessel traffic and port usage, sufficient to
  242  maintain reliable, stable piloting operations. Pilots have
  243  certain restrictions and obligations under this system,
  244  including, but not limited to, the following:
  245         (d)1. The pilot or pilots in a port shall train and
  246  compensate all member deputy pilots in that port. Failure to
  247  train or compensate such deputy pilots constitutes shall
  248  constitute a ground for disciplinary action under s. 310.101.
  249  Nothing in this subsection may shall be deemed to create an
  250  agency or employment relationship between a pilot or deputy
  251  pilot and the pilot or pilots in a port.
  252         2. The pilot or pilots in a port shall establish a
  253  competency-based mentor program by which minority persons as
  254  defined in s. 288.703 may acquire the skills for the
  255  professional preparation and education competency requirements
  256  of a licensed state pilot or certificated deputy pilot. The
  257  department shall provide the Governor, the President of the
  258  Senate, and the Speaker of the House of Representatives with a
  259  report each year on the number of minority persons as defined in
  260  s. 288.703 who have participated in each mentor program, who are
  261  licensed state pilots or certificated deputy pilots, and who
  262  have applied for state pilot licensure or deputy pilot
  263  certification.
  264         Section 5. Subsection (2) of section 310.081, Florida
  265  Statutes, is amended to read:
  266         310.081 Department to examine and license state pilots and
  267  certificate deputy pilots; vacancies.—
  268         (2) The department shall similarly examine persons who file
  269  applications for certificate as deputy pilot, and, if upon
  270  examination to determine proficiency the department finds them
  271  qualified, the department must shall certify as qualified all
  272  applicants who pass the examination, provided that not more than
  273  five persons who passed the examination are certified for each
  274  declared opening. If more than five applicants per opening pass
  275  the examination, the persons having the highest scores must
  276  shall be certified as qualified up to the number of openings
  277  times five. The department shall give consideration to the
  278  minority and female status of applicants when qualifying deputy
  279  pilots, in the interest of ensuring diversification within the
  280  state piloting profession. The department shall appoint and
  281  certificate such number of deputy pilots from those applicants
  282  deemed qualified as in the discretion of the board are required
  283  in the respective ports of the state. A deputy pilot shall be
  284  authorized by the department to pilot vessels within the limits
  285  and specifications established by the licensed state pilots at
  286  the port where the deputy is appointed to serve.
  287         Section 6. Section 399.18, Florida Statutes, is created to
  288  read:
  289         399.18 Online services account.—
  290         (1) A certified elevator inspector, certified elevator
  291  technician, or registered elevator company; a person or entity
  292  seeking to become certified or registered as such; a person who
  293  has been issued an elevator certificate of competency; a person
  294  who is seeking such certificate; a person or entity who has been
  295  issued an elevator certificate of operation; and a person or
  296  entity who is seeking such a certificate must create and
  297  maintain an online account with the division and provide an e
  298  mail address to the division to function as the primary means of
  299  contact for all communication from the division. Each person or
  300  entity is responsible for maintaining accurate contact
  301  information on file with the division.
  302         (2) The division shall adopt rules to implement this
  303  section.
  304         Section 7. Section 468.519, Florida Statutes, is created,
  305  and incorporated into part XI of chapter 468, Florida Statutes,
  306  to read:
  307         468.519 Employee leasing companies licensing program;
  308  purpose.—
  309         (1) There is created within the department the employee
  310  leasing companies licensing program.
  311         (2) The Legislature finds it necessary in the interest of
  312  the public safety and welfare to ensure that consumers of
  313  employee leasing companies can rely on the competence and
  314  integrity of such companies through the licensing requirements
  315  of this part.
  316         Section 8. Section 468.521, Florida Statutes, is repealed.
  317         Section 9. Paragraph (c) of subsection (2) of section
  318  469.006, Florida Statutes, is amended to read:
  319         469.006 Licensure of business organizations; qualifying
  320  agents.—
  321         (2)
  322         (c) As a prerequisite to the issuance of a license under
  323  this section, the applicant shall submit the following:
  324         1. An affidavit on a form provided by the department
  325  attesting that the applicant has obtained workers’ compensation
  326  insurance as required by chapter 440, public liability
  327  insurance, and property damage insurance, in amounts determined
  328  by department rule. The department shall establish by rule a
  329  procedure to verify the accuracy of such affidavits based upon a
  330  random sample method.
  331         2. Evidence of financial responsibility. The department
  332  shall adopt rules to determine financial responsibility which
  333  must shall specify grounds on which the department may deny
  334  licensure. Such criteria must shall include, but is not be
  335  limited to, credit history and limits of bondability and credit.
  336         Section 10. Section 473.306, Florida Statutes, is amended
  337  to read:
  338         473.306 Examinations.—
  339         (1) A person desiring to be licensed as a Florida certified
  340  public accountant shall apply to the department to take the
  341  licensure examination.
  342         (2) A person applying to the department to take the
  343  licensure examination must create and maintain an online account
  344  with the department and provide an e-mail address to function as
  345  the primary means of contact for all communication to the
  346  applicant from the department. Each applicant is responsible for
  347  maintaining accurate contact information on file with the
  348  department and must submit any change in the applicant’s e-mail
  349  address or home address within 30 days after the change. All
  350  changes must be submitted through the department’s online
  351  system.
  352         (3) An applicant is entitled to take the licensure
  353  examination to practice in this state as a certified public
  354  accountant if:
  355         (a) The applicant has completed 120 semester hours or 180
  356  quarter hours from an accredited college or university with a
  357  concentration in accounting and business courses as specified by
  358  the board by rule; and
  359         (b) The applicant shows that she or he has good moral
  360  character. For purposes of this paragraph, the term “good moral
  361  character” has the same meaning as provided in s. 473.308(7)(a)
  362  s. 473.308(6)(a). The board may refuse to allow an applicant to
  363  take the licensure examination for failure to satisfy this
  364  requirement if:
  365         1. The board finds a reasonable relationship between the
  366  lack of good moral character of the applicant and the
  367  professional responsibilities of a certified public accountant;
  368  and
  369         2. The finding by the board of lack of good moral character
  370  is supported by competent substantial evidence.
  371  
  372  If an applicant is found pursuant to this paragraph to be
  373  unqualified to take the licensure examination because of a lack
  374  of good moral character, the board shall furnish to the
  375  applicant a statement containing the findings of the board, a
  376  complete record of the evidence upon which the determination was
  377  based, and a notice of the rights of the applicant to a
  378  rehearing and appeal.
  379         (4)(3) The board shall have the authority to establish the
  380  standards for determining and shall determine:
  381         (a) What constitutes a passing grade for each subject or
  382  part of the licensure examination;
  383         (b) Which educational institutions, in addition to the
  384  universities in the State University System of Florida, shall be
  385  deemed to be accredited colleges or universities;
  386         (c) What courses and number of hours constitute a major in
  387  accounting; and
  388         (d) What courses and number of hours constitute additional
  389  accounting courses acceptable under s. 473.308(4) s. 473.308(3).
  390         (5)(4) The board may adopt an alternative licensure
  391  examination for persons who have been licensed to practice
  392  public accountancy or its equivalent in a foreign country so
  393  long as the International Qualifications Appraisal Board of the
  394  National Association of State Boards of Accountancy has ratified
  395  an agreement with that country for reciprocal licensure.
  396         (6)(5) For the purposes of maintaining the proper
  397  educational qualifications for licensure under this chapter, the
  398  board may appoint an Educational Advisory Committee, which shall
  399  be composed of one member of the board, two persons in public
  400  practice who are licensed under this chapter, and four
  401  academicians on faculties of universities in this state.
  402         Section 11. Present subsections (3) through (9) of section
  403  473.308, Florida Statutes, are redesignated as subsections (4)
  404  through (10), respectively, a new subsection (3) is added to
  405  that section, and subsection (2), paragraph (b) of present
  406  subsection (4), and present subsection (8) of that section are
  407  amended, to read:
  408         473.308 Licensure.—
  409         (2) The board shall certify for licensure any applicant who
  410  successfully passes the licensure examination and satisfies the
  411  requirements of subsections (4), (5), and (6) (3), (4), and (5),
  412  and shall certify for licensure any firm that satisfies the
  413  requirements of ss. 473.309 and 473.3101. The board may refuse
  414  to certify any applicant or firm that has violated any of the
  415  provisions of s. 473.322.
  416         (3) A person desiring to be licensed as a Florida certified
  417  public accountant or a firm desiring to engage in the practice
  418  of public accounting must create and maintain an online account
  419  with the department and provide an e-mail address to function as
  420  the primary means of contact for all communication from the
  421  department. Certified public accountants and firms are
  422  responsible for maintaining accurate contact information on file
  423  with the department and must submit any change in an e-mail
  424  address or street address within 30 days after the change. All
  425  changes must be submitted through the department’s online
  426  system.
  427         (5)(4)
  428         (b) However, an applicant who completed the requirements of
  429  subsection (4) (3) on or before December 31, 2008, and who
  430  passes the licensure examination on or before June 30, 2010, is
  431  exempt from the requirements of this subsection.
  432         (9)(8) If the applicant has at least 5 years of experience
  433  in the practice of public accountancy in the United States or in
  434  the practice of public accountancy or its equivalent in a
  435  foreign country that the International Qualifications Appraisal
  436  Board of the National Association of State Boards of Accountancy
  437  has determined has licensure standards that are substantially
  438  equivalent to those in the United States, or has at least 5
  439  years of work experience that meets the requirements of
  440  subsection (5) (4), the board must shall waive the requirements
  441  of subsection (4) (3) which are in excess of a baccalaureate
  442  degree. All experience that is used as a basis for waiving the
  443  requirements of subsection (4) (3) must be while licensed as a
  444  certified public accountant by another state or territory of the
  445  United States or while licensed in the practice of public
  446  accountancy or its equivalent in a foreign country that the
  447  International Qualifications Appraisal Board of the National
  448  Association of State Boards of Accountancy has determined has
  449  licensure standards that are substantially equivalent to those
  450  in the United States. The board shall have the authority to
  451  establish the standards for experience that meet this
  452  requirement.
  453         Section 12. Subsection (2) of section 475.181, Florida
  454  Statutes, is amended to read:
  455         475.181 Licensure.—
  456         (2) The commission shall certify for licensure any
  457  applicant who satisfies the requirements of ss. 475.17, 475.175,
  458  and 475.180. The commission may refuse to certify any applicant
  459  who has violated any of the provisions of s. 475.42 or who is
  460  subject to discipline under s. 475.25. The application shall
  461  expire 2 years after the date received if the applicant does not
  462  pass the appropriate examination. Additionally, if an applicant
  463  does not pass the licensing examination within 2 years after the
  464  successful course completion date, the applicant’s successful
  465  course completion is invalid for licensure.
  466         Section 13. Subsections (2) and (3) of section 476.114,
  467  Florida Statutes, are amended to read:
  468         476.114 Examination; prerequisites.—
  469         (2) An applicant is shall be eligible for licensure by
  470  examination to practice barbering if the applicant:
  471         (a) Is at least 16 years of age;
  472         (b) Pays the required application fee; and
  473         (c)1. Holds an active valid license to practice barbering
  474  in another state, has held the license for at least 1 year, and
  475  does not qualify for licensure by endorsement as provided for in
  476  s. 476.144(5); or
  477         2. Has received a minimum of 900 hours of training in
  478  sanitation, safety, and laws and rules, as established by the
  479  board, which must shall include, but is shall not be limited to,
  480  the equivalent of completion of services directly related to the
  481  practice of barbering at one of the following:
  482         1.a. A school of barbering licensed pursuant to chapter
  483  1005;
  484         2.b. A barbering program within the public school system;
  485  or
  486         3.c. A government-operated barbering program in this state.
  487  
  488  The board shall establish by rule procedures whereby the school
  489  or program may certify that a person is qualified to take the
  490  required examination after the completion of a minimum of 600
  491  actual school hours. If the person passes the examination, she
  492  or he has shall have satisfied this requirement; but if the
  493  person fails the examination, she or he may shall not be
  494  qualified to take the examination again until the completion of
  495  the full requirements provided by this section.
  496         (3) An applicant who meets the requirements set forth in
  497  paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass
  498  the examination may take subsequent examinations as many times
  499  as necessary to pass, except that the board may specify by rule
  500  reasonable timeframes for rescheduling the examination and
  501  additional training requirements for applicants who, after the
  502  third attempt, fail to pass the examination. Prior to
  503  reexamination, the applicant must file the appropriate form and
  504  pay the reexamination fee as required by rule.
  505         Section 14. Subsection (2) of section 477.019, Florida
  506  Statutes, is amended to read:
  507         477.019 Cosmetologists; qualifications; licensure;
  508  supervised practice; license renewal; endorsement; continuing
  509  education.—
  510         (2) An applicant is shall be eligible for licensure by
  511  examination to practice cosmetology if the applicant:
  512         (a) Is at least 16 years of age or has received a high
  513  school diploma;
  514         (b) Pays the required application fee, which is not
  515  refundable, and the required examination fee, which is
  516  refundable if the applicant is determined to not be eligible for
  517  licensure for any reason other than failure to successfully
  518  complete the licensure examination; and
  519         (c)1. Is authorized to practice cosmetology in another
  520  state or country, has been so authorized for at least 1 year,
  521  and does not qualify for licensure by endorsement as provided
  522  for in subsection (5); or
  523         2. Has received a minimum of 1,200 hours of training as
  524  established by the board, which must shall include, but is shall
  525  not be limited to, the equivalent of completion of services
  526  directly related to the practice of cosmetology at one of the
  527  following:
  528         1.a. A school of cosmetology licensed pursuant to chapter
  529  1005.
  530         2.b. A cosmetology program within the public school system.
  531         3.c. The Cosmetology Division of the Florida School for the
  532  Deaf and the Blind, provided the division meets the standards of
  533  this chapter.
  534         4.d. A government-operated cosmetology program in this
  535  state.
  536  
  537  The board shall establish by rule procedures whereby the school
  538  or program may certify that a person is qualified to take the
  539  required examination after the completion of a minimum of 1,000
  540  actual school hours. If the person then passes the examination,
  541  he or she has shall have satisfied this requirement; but if the
  542  person fails the examination, he or she may shall not be
  543  qualified to take the examination again until the completion of
  544  the full requirements provided by this section.
  545         Section 15. Paragraph (c) of subsection (7) of section
  546  489.131, Florida Statutes, is amended to read:
  547         489.131 Applicability.—
  548         (7)
  549         (c) In addition to any action the local jurisdiction
  550  enforcement body may take against the individual’s local
  551  license, and any fine the local jurisdiction may impose, the
  552  local jurisdiction enforcement body shall issue a recommended
  553  penalty for board action. This recommended penalty may include a
  554  recommendation for no further action, or a recommendation for
  555  suspension, restitution, revocation, or restriction of the
  556  registration, or a fine to be levied by the board, or a
  557  combination thereof. The recommended penalty must specify the
  558  violations of this chapter upon which the recommendation is
  559  based. The local jurisdiction enforcement body shall inform the
  560  disciplined contractor and the complainant of the local license
  561  penalty imposed, the board penalty recommended, his or her
  562  rights to appeal, and the consequences should he or she decide
  563  not to appeal. The local jurisdiction enforcement body shall,
  564  upon having reached adjudication or having accepted a plea of
  565  nolo contendere, immediately inform the board of its action and
  566  the recommended board penalty.
  567         Section 16. Subsections (3) and (6) of section 489.143,
  568  Florida Statutes, are amended to read:
  569         489.143 Payment from the fund.—
  570         (3) Beginning January 1, 2005, for each Division I contract
  571  entered into after July 1, 2004, payment from the recovery fund
  572  is subject to a $50,000 maximum payment for each Division I
  573  claim. Beginning January 1, 2017, for each Division II contract
  574  entered into on or after July 1, 2016, payment from the recovery
  575  fund is subject to a $15,000 maximum payment for each Division
  576  II claim. Beginning January 1, 2025, for Division I and Division
  577  II contracts entered into on or after July 1, 2024, payment from
  578  the recovery fund is subject to a $100,000 maximum payment for
  579  each Division I claim and a $30,000 maximum payment for each
  580  Division II claim.
  581         (6) For contracts entered into before July 1, 2004,
  582  payments for claims against any one licensee may not exceed, in
  583  the aggregate, $100,000 annually, up to a total aggregate of
  584  $250,000. For any claim approved by the board which is in excess
  585  of the annual cap, the amount in excess of $100,000 up to the
  586  total aggregate cap of $250,000 is eligible for payment in the
  587  next and succeeding fiscal years, but only after all claims for
  588  the then-current calendar year have been paid. Payments may not
  589  exceed the aggregate annual or per claimant limits under law.
  590  Beginning January 1, 2005, for each Division I contract entered
  591  into after July 1, 2004, payment from the recovery fund is
  592  subject only to a total aggregate cap of $500,000 for each
  593  Division I licensee. Beginning January 1, 2017, for each
  594  Division II contract entered into on or after July 1, 2016,
  595  payment from the recovery fund is subject only to a total
  596  aggregate cap of $150,000 for each Division II licensee.
  597  Beginning January 1, 2025, for Division I and Division II
  598  contracts entered into on or after July 1, 2024, payment from
  599  the recovery fund is subject only to a total aggregate cap of $2
  600  million for each Division I licensee and $600,000 for each
  601  Division II licensee.
  602         Section 17. Paragraph (b) of subsection (15) of section
  603  499.012, Florida Statutes, is amended to read:
  604         499.012 Permit application requirements.—
  605         (15)
  606         (b) To be certified as a designated representative, a
  607  natural person must:
  608         1. Submit an application on a form furnished by the
  609  department and pay the appropriate fees.
  610         2. Be at least 18 years of age.
  611         3. Have at least 2 years of verifiable full-time:
  612         a. Work experience in a pharmacy licensed in this state or
  613  another state, where the person’s responsibilities included, but
  614  were not limited to, recordkeeping for prescription drugs;
  615         b. Managerial experience with a prescription drug wholesale
  616  distributor licensed in this state or in another state; or
  617         c. Managerial experience with the United States Armed
  618  Forces, where the person’s responsibilities included, but were
  619  not limited to, recordkeeping, warehousing, distributing, or
  620  other logistics services pertaining to prescription drugs;
  621         d. Managerial experience with a state or federal
  622  organization responsible for regulating or permitting
  623  establishments involved in the distribution of prescription
  624  drugs, whether in an administrative or a sworn law enforcement
  625  capacity; or
  626         e. Work experience as a drug inspector or investigator with
  627  a state or federal organization, whether in an administrative or
  628  a sworn law enforcement capacity, where the person’s
  629  responsibilities related primarily to compliance with state or
  630  federal requirements pertaining to the distribution of
  631  prescription drugs.
  632         4. Receive a passing score of at least 75 percent on an
  633  examination given by the department regarding federal laws
  634  governing distribution of prescription drugs and this part and
  635  the rules adopted by the department governing the wholesale
  636  distribution of prescription drugs. This requirement shall be
  637  effective 1 year after the results of the initial examination
  638  are mailed to the persons that took the examination. The
  639  department shall offer such examinations at least four times
  640  each calendar year.
  641         5. Provide the department with a personal information
  642  statement and fingerprints pursuant to subsection (9).
  643         Section 18. Subsection (5) of section 561.17, Florida
  644  Statutes, is amended to read:
  645         561.17 License and registration applications; approved
  646  person.—
  647         (5) Any person or entity licensed or permitted by the
  648  division, or applying for a license or permit, must create and
  649  maintain an account with the division’s online system and
  650  provide an e-mail electronic mail address to the division to
  651  function as the primary means of contact for all communication
  652  by the division to the licensee, or permittee, or applicant.
  653  Licensees, and permittees, and applicants are responsible for
  654  maintaining accurate contact information on file with the
  655  division. A person or an entity seeking a license or permit from
  656  the division must apply using forms prepared by the division and
  657  filed through the division’s online system before engaging in
  658  any business for which a license or permit is required. The
  659  division may not process an application for an alcoholic
  660  beverage license unless the application is submitted through the
  661  division’s online system.
  662         Section 19. Section 569.00256, Florida Statutes, is created
  663  to read:
  664         569.00256 Account; online system.—A person or an entity
  665  licensed or permitted by the division under this part, or
  666  applying for a license or a permit, must create and maintain an
  667  account with the division’s online system and provide an e-mail
  668  address to the division to function as the primary means of
  669  contact for all communication by the division to the licensee,
  670  permittee, or applicant. Licensees, permittees, and applicants
  671  are responsible for maintaining accurate contact information
  672  with the division. A person or an entity seeking a license or
  673  permit from the division must apply using forms prepared by the
  674  division and filed through the division’s online system before
  675  engaging in any business for which a license or permit is
  676  required. The division may not process an application to deal,
  677  at retail, in tobacco products unless the application is
  678  submitted through the division’s online system.
  679         Section 20. Section 569.3156, Florida Statutes, is created
  680  to read:
  681         569.3156 Account; online system.—A person or an entity
  682  licensed or permitted by the division under this part, or
  683  applying for a license or a permit, must create and maintain an
  684  account with the division’s online system and provide an e-mail
  685  address to the division to function as the primary means of
  686  contact for all communication by the division to the licensee,
  687  permittee, or applicant. Licensees, permittees, and applicants
  688  are responsible for maintaining accurate contact information
  689  with the division. A person or an entity seeking a license or
  690  permit from the division must apply using forms prepared by the
  691  division and filed through the division’s online system before
  692  engaging in any business for which a license or permit is
  693  required. The division may not process an application to deal,
  694  at retail, in nicotine products unless the application is
  695  submitted through the division’s online system.
  696         Section 21. Paragraph (a) of subsection (4) of section
  697  20.165, Florida Statutes, is amended to read:
  698         20.165 Department of Business and Professional Regulation.
  699  There is created a Department of Business and Professional
  700  Regulation.
  701         (4)(a) The following boards and programs are established
  702  within the Division of Professions:
  703         1. Board of Architecture and Interior Design, created under
  704  part I of chapter 481.
  705         2. Florida Board of Auctioneers, created under part VI of
  706  chapter 468.
  707         3. Barbers’ Board, created under chapter 476.
  708         4. Florida Building Code Administrators and Inspectors
  709  Board, created under part XII of chapter 468.
  710         5. Construction Industry Licensing Board, created under
  711  part I of chapter 489.
  712         6. Board of Cosmetology, created under chapter 477.
  713         7. Electrical Contractors’ Licensing Board, created under
  714  part II of chapter 489.
  715         8. Employee leasing companies licensing program Board of
  716  Employee Leasing Companies, created under part XI of chapter
  717  468.
  718         9. Board of Landscape Architecture, created under part II
  719  of chapter 481.
  720         10. Board of Pilot Commissioners, created under chapter
  721  310.
  722         11. Board of Professional Engineers, created under chapter
  723  471.
  724         12. Board of Professional Geologists, created under chapter
  725  492.
  726         13. Board of Veterinary Medicine, created under chapter
  727  474.
  728         14. Home inspection services licensing program, created
  729  under part XV of chapter 468.
  730         15. Mold-related services licensing program, created under
  731  part XVI of chapter 468.
  732         Section 22. Subsection (2) of section 210.16, Florida
  733  Statutes, is amended to read:
  734         210.16 Revocation or suspension of permit.—
  735         (2) The division shall revoke the permit or permits of any
  736  person who would be ineligible to obtain a new license or renew
  737  a license by reason of any of the conditions for permitting
  738  provided in s. 210.15(1)(d)1.-6. s. 210.15(1)(c)1.-6.
  739         Section 23. Paragraph (uuu) of subsection (7) of section
  740  212.08, Florida Statutes, is amended to read:
  741         212.08 Sales, rental, use, consumption, distribution, and
  742  storage tax; specified exemptions.—The sale at retail, the
  743  rental, the use, the consumption, the distribution, and the
  744  storage to be used or consumed in this state of the following
  745  are hereby specifically exempt from the tax imposed by this
  746  chapter.
  747         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  748  entity by this chapter do not inure to any transaction that is
  749  otherwise taxable under this chapter when payment is made by a
  750  representative or employee of the entity by any means,
  751  including, but not limited to, cash, check, or credit card, even
  752  when that representative or employee is subsequently reimbursed
  753  by the entity. In addition, exemptions provided to any entity by
  754  this subsection do not inure to any transaction that is
  755  otherwise taxable under this chapter unless the entity has
  756  obtained a sales tax exemption certificate from the department
  757  or the entity obtains or provides other documentation as
  758  required by the department. Eligible purchases or leases made
  759  with such a certificate must be in strict compliance with this
  760  subsection and departmental rules, and any person who makes an
  761  exempt purchase with a certificate that is not in strict
  762  compliance with this subsection and the rules is liable for and
  763  shall pay the tax. The department may adopt rules to administer
  764  this subsection.
  765         (uuu) Small private investigative agencies.—
  766         1. As used in this paragraph, the term:
  767         a. “Private investigation services” has the same meaning as
  768  “private investigation,” as defined in s. 493.6101(17).
  769         b. “Small private investigative agency” means a private
  770  investigator licensed under s. 493.6201 which:
  771         (I) Employs three or fewer full-time or part-time
  772  employees, including those performing services pursuant to an
  773  employee leasing arrangement as defined in s. 468.520(3) s.
  774  468.520(4), in total; and
  775         (II) During the previous calendar year, performed private
  776  investigation services otherwise taxable under this chapter in
  777  which the charges for the services performed were less than
  778  $150,000 for all its businesses related through common
  779  ownership.
  780         2. The sale of private investigation services by a small
  781  private investigative agency to a client is exempt from the tax
  782  imposed by this chapter.
  783         3. The exemption provided by this paragraph may not apply
  784  in the first calendar year a small private investigative agency
  785  conducts sales of private investigation services taxable under
  786  this chapter.
  787         Section 24. Paragraph (a) of subsection (19) of section
  788  440.02, Florida Statutes, is amended to read:
  789         440.02 Definitions.—When used in this chapter, unless the
  790  context clearly requires otherwise, the following terms shall
  791  have the following meanings:
  792         (19)(a) “Employer” means the state and all political
  793  subdivisions thereof, all public and quasi-public corporations
  794  therein, every person carrying on any employment, and the legal
  795  representative of a deceased person or the receiver or trustees
  796  of any person. The term also includes employee leasing
  797  companies, as defined in s. 468.520(4) s. 468.520(5), and
  798  employment agencies that provide their own employees to other
  799  persons. If the employer is a corporation, parties in actual
  800  control of the corporation, including, but not limited to, the
  801  president, officers who exercise broad corporate powers,
  802  directors, and all shareholders who directly or indirectly own a
  803  controlling interest in the corporation, are considered the
  804  employer for the purposes of ss. 440.105, 440.106, and 440.107.
  805         Section 25. Section 448.26, Florida Statutes, is amended to
  806  read:
  807         448.26 Application.—Nothing in this part shall exempt any
  808  client of any labor pool or temporary help arrangement entity as
  809  defined in s. 468.520(3)(a) s. 468.520(4)(a) or any assigned
  810  employee from any other license requirements of state, local, or
  811  federal law. Any employee assigned to a client who is licensed,
  812  registered, or certified pursuant to law shall be deemed an
  813  employee of the client for such licensure purposes but shall
  814  remain an employee of the labor pool or temporary help
  815  arrangement entity for purposes of chapters 440 and 443.
  816         Section 26. Subsection (2) of section 468.520, Florida
  817  Statutes, is amended to read:
  818         468.520 Definitions.—As used in this part:
  819         (2) “Board” means the Board of Employee Leasing Companies.
  820         Section 27. Section 468.522, Florida Statutes, is amended
  821  to read:
  822         468.522 Rules of the board.—The department may board has
  823  authority to adopt rules pursuant to ss. 120.536(1) and 120.54
  824  to implement the provisions of this part. Every licensee shall
  825  be governed and controlled by this part and the rules adopted by
  826  the department board.
  827         Section 28. Subsections (2) and (4) of section 468.524,
  828  Florida Statutes, are amended to read:
  829         468.524 Application for license.—
  830         (2) The department board may require information and
  831  certifications necessary to determine that the applicant is of
  832  good moral character and meets other licensure requirements of
  833  this part.
  834         (4) An applicant or licensee is ineligible to reapply for a
  835  license for a period of 1 year following final agency action on
  836  the denial or revocation of a license applied for or issued
  837  under this part. This time restriction does not apply to
  838  administrative denials or revocations entered because:
  839         (a) The applicant or licensee has made an inadvertent error
  840  or omission on the application;
  841         (b) The experience documented to the department board was
  842  insufficient at the time of the previous application;
  843         (c) The department is unable to complete the criminal
  844  background investigation because of insufficient information
  845  from the Florida Department of Law Enforcement, the Federal
  846  Bureau of Investigation, or any other applicable law enforcement
  847  agency;
  848         (d) The applicant or licensee has failed to submit required
  849  fees; or
  850         (e) An applicant or licensed employee leasing company has
  851  been deemed ineligible for a license because of the lack of good
  852  moral character of an individual or individuals when such
  853  individual or individuals are no longer employed in a capacity
  854  that would require their licensing under this part.
  855         Section 29. Section 468.5245, Florida Statutes, is amended
  856  to read:
  857         468.5245 Change of ownership.—
  858         (1) A license or registration issued to any entity under
  859  this part may not be transferred or assigned. The department
  860  board shall adopt rules to provide for a licensee’s or
  861  registrant’s change of name or location.
  862         (2) A person or entity that seeks to purchase or acquire
  863  control of an employee leasing company or group licensed or
  864  registered under this part must first apply to the department
  865  board for a certificate of approval for the proposed change of
  866  ownership. However, prior approval is not required if, at the
  867  time the purchase or acquisition occurs, a controlling person of
  868  the employee leasing company or group maintains a controlling
  869  person license under this part. Notification must be provided to
  870  the department board within 30 days after the purchase or
  871  acquisition of such company in the manner prescribed by the
  872  department board.
  873         (3) Any application that is submitted to the department
  874  board under this section is shall be deemed approved if the
  875  department board has not approved the application or rejected
  876  the application, and provided the applicant with the basis for a
  877  rejection, within 90 days after the receipt of the completed
  878  application.
  879         (4) The department board shall establish filing fees for a
  880  change-of-ownership application in accordance with s.
  881  468.524(1).
  882         Section 30. Subsections (2) and (3) of section 468.525,
  883  Florida Statutes, are amended to read:
  884         468.525 License requirements.—
  885         (2)(a) As used in this part, “good moral character” means a
  886  personal history of honesty, trustworthiness, fairness, a good
  887  reputation for fair dealings, and respect for the rights of
  888  others and for the laws of this state and nation. A thorough
  889  background investigation of the individual’s good moral
  890  character shall be instituted by the department. Such
  891  investigation shall require:
  892         1. The submission of fingerprints, for processing through
  893  appropriate law enforcement agencies, by the applicant and the
  894  examination of police records by the department board.
  895         2. Such other investigation of the individual as the
  896  department board may deem necessary.
  897         (b) The department board may deny an application for
  898  licensure or renewal citing lack of good moral character.
  899  Conviction of a crime within the last 7 years does shall not
  900  automatically bar any applicant or licensee from obtaining a
  901  license or continuing as a licensee. The department board shall
  902  consider the type of crime committed, the crime’s relevancy to
  903  the employee leasing industry, the length of time since the
  904  conviction and any other factors deemed relevant by the
  905  department board.
  906         (3) Each employee leasing company licensed by the
  907  department shall have a registered agent for service of process
  908  in this state and at least one licensed controlling person. In
  909  addition, each licensed employee leasing company shall comply
  910  with the following requirements:
  911         (a) The employment relationship with workers provided by
  912  the employee leasing company to a client company shall be
  913  established by written agreement between the leasing company and
  914  the client, and written notice of that relationship shall be
  915  given by the employee leasing company to each worker who is
  916  assigned to perform services at the client company’s worksite.
  917         (b) An applicant for an initial employee leasing company
  918  license shall have a tangible accounting net worth of not less
  919  than $50,000.
  920         (c) An applicant for initial or renewal license of an
  921  employee leasing company license or employee leasing company
  922  group shall have an accounting net worth or shall have
  923  guaranties, letters of credit, or other security acceptable to
  924  the department board in sufficient amounts to offset any
  925  deficiency. A guaranty will not be acceptable to satisfy this
  926  requirement unless the applicant submits sufficient evidence to
  927  satisfy the department board that the guarantor has adequate
  928  resources to satisfy the obligation of the guaranty.
  929         (d) Each employee leasing company shall maintain an
  930  accounting net worth and positive working capital, as determined
  931  in accordance with generally accepted accounting principles, or
  932  shall have guaranties, letters of credit, or other security
  933  acceptable to the department board in sufficient amounts to
  934  offset any deficiency. A guaranty will not be acceptable to
  935  satisfy this requirement unless the licensee submits sufficient
  936  evidence, as defined by rule, that the guarantor has adequate
  937  resources to satisfy the obligation of the guaranty. In
  938  determining the amount of working capital, a licensee shall
  939  include adequate reserves for all taxes and insurance, including
  940  plans of self-insurance or partial self-insurance for claims
  941  incurred but not paid and for claims incurred but not reported.
  942  Compliance with the requirements of this paragraph is subject to
  943  verification by department or board audit.
  944         (e) Each employee leasing company or employee leasing
  945  company group shall submit annual financial statements audited
  946  by an independent certified public accountant, with the
  947  application and within 120 days after the end of each fiscal
  948  year, in a manner and time prescribed by the department board,
  949  provided however, that any employee leasing company or employee
  950  leasing company group with gross Florida payroll of less than
  951  $2.5 million during any fiscal year may submit financial
  952  statements reviewed by an independent certified public
  953  accountant for that year.
  954         (f) The licensee shall notify the department or board in
  955  writing within 30 days after any change in the application or
  956  status of the license.
  957         (g) Each employee leasing company or employee leasing
  958  company group shall maintain accounting and employment records
  959  relating to all employee leasing activities for a minimum of 3
  960  calendar years.
  961         Section 31. Subsections (3) and (5) of section 468.526,
  962  Florida Statutes, are amended to read:
  963         468.526 License required; fees.—
  964         (3) Each employee leasing company and employee leasing
  965  company group licensee shall pay to the department upon the
  966  initial issuance of a license and upon each renewal thereafter a
  967  license fee not to exceed $2,500 to be established by the
  968  department board. In addition to the license fee, the department
  969  board shall establish an annual assessment for each employee
  970  leasing company and each employee leasing company group
  971  sufficient to cover all costs for regulation of the profession
  972  pursuant to this chapter, chapter 455, and any other applicable
  973  provisions of law. The annual assessment shall:
  974         (a) Be due and payable upon initial licensure and
  975  subsequent renewals thereof and 1 year before the expiration of
  976  any licensure period; and
  977         (b) Be based on a fixed percentage, variable classes, or a
  978  combination of both, as determined by the department board, of
  979  gross Florida payroll for employees leased to clients by the
  980  applicant or licensee during the period beginning five quarters
  981  before and ending one quarter before each assessment. It is the
  982  intent of the Legislature that the greater weight of total fees
  983  for licensure and assessments should be on larger companies and
  984  groups.
  985         (5) Each controlling person licensee shall pay to the
  986  department upon the initial issuance of a license and upon each
  987  renewal thereafter a license fee to be established by the
  988  department board in an amount not to exceed $2,000.
  989         Section 32. Subsection (1) of section 468.527, Florida
  990  Statutes, is amended to read:
  991         468.527 Licensure and license renewal.—
  992         (1) The department shall license any applicant who the
  993  department board certifies is qualified to practice employee
  994  leasing as an employee leasing company, employee leasing company
  995  group, or controlling person.
  996         Section 33. Subsection (2) of section 468.5275, Florida
  997  Statutes, is amended to read:
  998         468.5275 Registration and exemption of de minimis
  999  operations.—
 1000         (2) A registration is valid for 1 year. Each registrant
 1001  shall pay to the department upon initial registration, and upon
 1002  each renewal thereafter, a registration fee to be established by
 1003  the department board in an amount not to exceed:
 1004         (a) Two hundred and fifty dollars for an employee leasing
 1005  company.
 1006         (b) Five hundred dollars for an employee leasing company
 1007  group.
 1008         Section 34. Subsections (2), (4), and (5) of section
 1009  468.529, Florida Statutes, are amended to read:
 1010         468.529 Licensee’s insurance; employment tax; benefit
 1011  plans.—
 1012         (2) An initial or renewal license may not be issued to any
 1013  employee leasing company unless the employee leasing company
 1014  first files with the department board evidence of workers’
 1015  compensation coverage for all leased employees in this state.
 1016  Each employee leasing company shall maintain and make available
 1017  to its workers’ compensation carrier the following information:
 1018         (a) The correct name and federal identification number of
 1019  each client company.
 1020         (b) A listing of all covered employees provided to each
 1021  client company, by classification code.
 1022         (c) The total eligible wages by classification code and the
 1023  premiums due to the carrier for the employees provided to each
 1024  client company.
 1025         (4) An initial or renewal license may not be issued to any
 1026  employee leasing company unless the employee leasing company
 1027  first provides evidence to the department board, as required by
 1028  department board rule, that the employee leasing company has
 1029  paid all of the employee leasing company’s obligations for
 1030  payroll, payroll-related taxes, workers’ compensation insurance,
 1031  and employee benefits. All disputed amounts must be disclosed in
 1032  the application.
 1033         (5) The provisions of this section are subject to
 1034  verification by department or board audit.
 1035         Section 35. Subsections (3) and (4) of section 468.530,
 1036  Florida Statutes, are amended to read:
 1037         468.530 License, contents; posting.—
 1038         (3) No license shall be valid for any person or entity who
 1039  engages in the business under any name other than that specified
 1040  in the license. A license issued under this part is shall not be
 1041  assignable, and no licensee may conduct a business under a
 1042  fictitious name without prior written authorization of the
 1043  department board to do so. The department board may not
 1044  authorize the use of a name which is so similar to that of a
 1045  public officer or agency, or of that used by another licensee,
 1046  that the public may be confused or misled thereby. No licensee
 1047  shall be permitted to conduct business under more than one name
 1048  unless it has obtained a separate license. A licensee desiring
 1049  to change its licensed name at any time except upon license
 1050  renewal shall notify the department board and pay a fee not to
 1051  exceed $50 for each authorized change of name.
 1052         (4) Each employee leasing company or employee leasing
 1053  company group licensed under this part shall be properly
 1054  identified in all advertisements, which must include the license
 1055  number, licensed business name, and other appropriate
 1056  information in accordance with department rules established by
 1057  the board.
 1058         Section 36. Subsection (1) of section 468.531, Florida
 1059  Statutes, is amended to read:
 1060         468.531 Prohibitions; penalties.—
 1061         (1) No person or entity shall:
 1062         (a) Practice or offer to practice as an employee leasing
 1063  company, an employee leasing company group, or a controlling
 1064  person unless such person or entity is licensed pursuant to this
 1065  part;
 1066         (b) Practice or offer to practice as an employee leasing
 1067  company or employee leasing company group unless all controlling
 1068  persons thereof are licensed pursuant to this part;
 1069         (c) Use the name or title “licensed employee leasing
 1070  company,” “employee leasing company,” “employee leasing company
 1071  group,” “professional employer,” “professional employer
 1072  organization,” “controlling person,” or words that would tend to
 1073  lead one to believe that such person or entity is registered
 1074  pursuant to this part, when such person or entity has not
 1075  registered pursuant to this part;
 1076         (d) Present as his or her own or his or her entity’s own
 1077  the license of another;
 1078         (e) Knowingly give false or forged evidence to the
 1079  department board or a member thereof; or
 1080         (f) Use or attempt to use a license that has been suspended
 1081  or revoked.
 1082         Section 37. Subsections (1), (2), and (4) of section
 1083  468.532, Florida Statutes, are amended to read:
 1084         468.532 Discipline.—
 1085         (1) The following constitute grounds for which disciplinary
 1086  action against a licensee may be taken by the department board:
 1087         (a) Being convicted or found guilty of, or entering a plea
 1088  of nolo contendere to, regardless of adjudication, bribery,
 1089  fraud, or willful misrepresentation in obtaining, attempting to
 1090  obtain, or renewing a license.
 1091         (b) Being convicted or found guilty of, or entering a plea
 1092  of nolo contendere to, regardless of adjudication, a crime in
 1093  any jurisdiction which relates to the operation of an employee
 1094  leasing business or the ability to engage in business as an
 1095  employee leasing company.
 1096         (c) Being convicted or found guilty of, or entering a plea
 1097  of nolo contendere to, regardless of adjudication, fraud,
 1098  deceit, or misconduct in the classification of employees
 1099  pursuant to chapter 440.
 1100         (d) Being convicted or found guilty of, or entering a plea
 1101  of nolo contendere to, regardless of adjudication, fraud,
 1102  deceit, or misconduct in the establishment or maintenance of
 1103  self-insurance, be it health insurance or workers’ compensation
 1104  insurance.
 1105         (e) Being convicted or found guilty of, or entering a plea
 1106  of nolo contendere to, regardless of adjudication, fraud,
 1107  deceit, or misconduct in the operation of an employee leasing
 1108  company.
 1109         (f) Conducting business without an active license.
 1110         (g) Failing to maintain workers’ compensation insurance as
 1111  required in s. 468.529.
 1112         (h) Transferring or attempting to transfer a license issued
 1113  pursuant to this part.
 1114         (i) Violating any provision of this part or any lawful
 1115  order or rule issued under the provisions of this part or
 1116  chapter 455.
 1117         (j) Failing to notify the department board, in writing, of
 1118  any change of the primary business address or the addresses of
 1119  any of the licensee’s offices in the state.
 1120         (k) Having been confined in any county jail,
 1121  postadjudication, or being confined in any state or federal
 1122  prison or mental institution, or when through mental disease or
 1123  deterioration, the licensee can no longer safely be entrusted to
 1124  deal with the public or in a confidential capacity.
 1125         (l) Having been found guilty for a second time of any
 1126  misconduct that warrants suspension or being found guilty of a
 1127  course of conduct or practices which shows that the licensee is
 1128  so incompetent, negligent, dishonest, or untruthful that the
 1129  money, property, transactions, and rights of investors, or those
 1130  with whom the licensee may sustain a confidential relationship,
 1131  may not safely be entrusted to the licensee.
 1132         (m) Failing to inform the department board in writing
 1133  within 30 days after being convicted or found guilty of, or
 1134  entering a plea of nolo contendere to, any felony, regardless of
 1135  adjudication.
 1136         (n) Failing to conform to any lawful order of the
 1137  department board.
 1138         (o) Being determined liable for civil fraud by a court in
 1139  any jurisdiction.
 1140         (p) Having adverse material final action taken by any state
 1141  or federal regulatory agency for violations within the scope of
 1142  control of the licensee.
 1143         (q) Failing to inform the department board in writing
 1144  within 30 days after any adverse material final action by a
 1145  state or federal regulatory agency.
 1146         (r) Failing to meet or maintain the requirements for
 1147  licensure as an employee leasing company or controlling person.
 1148         (s) Engaging as a controlling person any person who is not
 1149  licensed as a controlling person by the department board.
 1150         (t) Attempting to obtain, obtaining, or renewing a license
 1151  to practice employee leasing by bribery, misrepresentation, or
 1152  fraud.
 1153         (2) When the department board finds any violation of
 1154  subsection (1), it may do one or more of the following:
 1155         (a) Deny an application for licensure.
 1156         (b) Permanently revoke, suspend, restrict, or not renew a
 1157  license.
 1158         (c) Impose an administrative fine not to exceed $5,000 for
 1159  every count or separate offense.
 1160         (d) Issue a reprimand.
 1161         (e) Place the licensee on probation for a period of time
 1162  and subject to such conditions as the department board may
 1163  specify.
 1164         (f) Assess costs associated with investigation and
 1165  prosecution.
 1166         (4) The department board shall specify the penalties for
 1167  any violation of this part.
 1168         Section 38. Paragraph (a) of subsection (6) of section
 1169  476.144, Florida Statutes, is amended to read:
 1170         476.144 Licensure.—
 1171         (6) A person may apply for a restricted license to practice
 1172  barbering. The board shall adopt rules specifying procedures for
 1173  an applicant to obtain a restricted license if the applicant:
 1174         (a)1. Has successfully completed a restricted barber
 1175  course, as established by rule of the board, at a school of
 1176  barbering licensed pursuant to chapter 1005, a barbering program
 1177  within the public school system, or a government-operated
 1178  barbering program in this state; or
 1179         2.a. Holds or has within the previous 5 years held an
 1180  active valid license to practice barbering in another state or
 1181  country or has held a Florida barbering license which has been
 1182  declared null and void for failure to renew the license, and the
 1183  applicant fulfilled the requirements of s. 476.114(2)(c) s.
 1184  476.114(2)(c)2. for initial licensure; and
 1185         b. Has not been disciplined relating to the practice of
 1186  barbering in the previous 5 years; and
 1187  
 1188  The restricted license shall limit the licensee’s practice to
 1189  those specific areas in which the applicant has demonstrated
 1190  competence pursuant to rules adopted by the board.
 1191         Section 39. Paragraph (a) of subsection (2) of section
 1192  627.192, Florida Statutes, is amended to read:
 1193         627.192 Workers’ compensation insurance; employee leasing
 1194  arrangements.—
 1195         (2) For purposes of the Florida Insurance Code:
 1196         (a) “Employee leasing” shall have the same meaning as set
 1197  forth in s. 468.520(3) s. 468.520(4).
 1198         Section 40. This act shall take effect July 1, 2024.