Florida Senate - 2024                      CS for CS for SB 1544
       
       
        
       By the Committees on Fiscal Policy; and Regulated Industries;
       and Senator Hooper
       
       
       
       
       594-03662-24                                          20241544c2
    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; prohibiting the division
   22         from reducing a bond amount under specified
   23         circumstances; requiring the division to notify
   24         distributors in writing if their corporate surety bond
   25         requirements change; providing applicability;
   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         amending s. 468.521, F.S.; authorizing the department
   44         to exercise all powers and duties granted to the Board
   45         of Employee Leasing Companies if the board lacks the
   46         number of appointed members needed to constitute a
   47         quorum; amending s. 469.006, F.S.; revising
   48         requirements for department rules governing evidence
   49         of financial responsibility of applicants seeking
   50         licensure as a business organization under ch. 469,
   51         F.S.; amending s. 471.003, F.S.; expanding an
   52         exemption from certain engineering licensing
   53         requirements under ch. 471, F.S., to include regular
   54         full-time employees of certain business organizations,
   55         rather than regular full-time employees of certain
   56         corporations licensed under ch. 471, F.S.; amending s.
   57         473.306, F.S.; requiring applicants for the
   58         accountancy licensure examination to create and
   59         maintain an online account with the department and
   60         provide an e-mail address; requiring applicants to
   61         maintain the accuracy of their contact information;
   62         requiring that address changes be submitted through
   63         the department’s online system within a specified
   64         timeframe; conforming cross-references; amending s.
   65         473.308, F.S.; requiring a person seeking licensure as
   66         a Florida certified public accountant, or a firm
   67         seeking to engage in public accountancy, to create and
   68         maintain an online account with the department and
   69         provide an e-mail address; requiring certified public
   70         accountants and accounting firms to maintain the
   71         accuracy of their contact information; requiring that
   72         address changes be submitted through the department’s
   73         online system within a specified timeframe; amending
   74         s. 476.114, F.S.; revising eligibility requirements
   75         for licensure as a barber; making technical changes;
   76         amending s. 477.019, F.S.; revising eligibility
   77         requirements for licensure by examination to practice
   78         cosmetology; amending s. 489.131, F.S.; revising the
   79         types of penalties that may be recommended by a local
   80         jurisdiction enforcement body against a contractor;
   81         specifying requirements for any such recommended
   82         penalties; amending s. 489.143, F.S.; revising payment
   83         limitations for payments made from the department’s
   84         Florida Homeowners’ Construction Recovery Fund;
   85         amending s. 489.505, F.S.; revising the definition of
   86         the term “specialty contractor”; amending s. 499.012,
   87         F.S.; revising requirements for certification as a
   88         designated representative of a prescription drug
   89         wholesale distributor; amending s. 561.15, F.S.;
   90         revising the requirements for the issuance of a
   91         license under the Beverage Law; making technical
   92         changes; amending s. 561.17, F.S.; requiring persons
   93         or entities licensed or permitted by the Division of
   94         Alcoholic Beverages and Tobacco, or applying for such
   95         license or permit, to create and maintain an account
   96         with the division’s online system; specifying
   97         application requirements; prohibiting the division
   98         from processing applications not submitted through the
   99         online system; creating ss. 569.00256 and 569.3156,
  100         F.S.; requiring certain persons or entities licensed
  101         or permitted by the division, or applying for such a
  102         license or permit, to create and maintain an account
  103         with the division’s online system; requiring
  104         licensees, permittees, and applicants to provide the
  105         division with an e-mail address and maintain accurate
  106         contact information; specifying application
  107         requirements; prohibiting the division from processing
  108         applications not submitted through the online system;
  109         amending ss. 210.16 and 476.144, F.S.; conforming
  110         cross-references; providing an effective date.
  111          
  112  Be It Enacted by the Legislature of the State of Florida:
  113  
  114         Section 1. Present paragraphs (a) through (h) of subsection
  115  (1) of section 210.15, Florida Statutes, are redesignated as
  116  paragraphs (b) through (i), respectively, and a new paragraph
  117  (a) is added to that subsection, to read:
  118         210.15 Permits.—
  119         (1)
  120         (a) A person or an entity licensed or permitted by the
  121  division, or applying for a license or a permit, must create and
  122  maintain an account with the division’s online system and
  123  provide an e-mail address to the division to function as the
  124  primary means of contact for all communication by the division
  125  to the licensee, permittee, or applicant. Licensees, permittees,
  126  and applicants are responsible for maintaining accurate contact
  127  information on file with the division. A person or an entity
  128  seeking a license or permit under this part must apply using
  129  forms furnished by the division which are filed through the
  130  division’s online system before commencing operations. The
  131  division may not process an application for a license or permit
  132  issued by the division under this part unless the application is
  133  submitted through the division’s online system.
  134         Section 2. Section 210.32, Florida Statutes, is created to
  135  read:
  136         210.32 Account; online system.—A person or an entity
  137  licensed or permitted by the division, or applying for a license
  138  or a permit, must create and maintain an account with the
  139  division’s online system and provide an e-mail address to the
  140  division to function as the primary means of contact for all
  141  communication by the division to the licensee, permittee, or
  142  applicant. Licensees, permittees, and applicants are responsible
  143  for maintaining accurate contact information on file with the
  144  division. A person or an entity seeking a license or a permit
  145  under this part must apply using forms furnished by the division
  146  which are filed through the division’s online system before
  147  commencing operations. The division may not process an
  148  application for a license or permit issued by the division under
  149  this part unless the application is submitted through the
  150  division’s online system.
  151         Section 3. Section 210.40, Florida Statutes, is amended to
  152  read:
  153         210.40 License fees; surety bond; application for each
  154  place of business.—
  155         (1) Each application for a distributor’s license must shall
  156  be accompanied by a fee of $25. The application must shall also
  157  be accompanied by a corporate surety bond issued by a surety
  158  company authorized to do business in this state, conditioned for
  159  the payment when due of all taxes, penalties, and accrued
  160  interest which may be due the state. The initial corporate
  161  surety bond shall be in the sum of $25,000 $1,000 and in a form
  162  prescribed by the division.
  163         (a) The division shall review the amount of a corporate
  164  surety bond on a semiannual basis to ensure that the bond amount
  165  is adequate to protect the state.
  166         (b) The division may increase the corporate surety bond
  167  amount before renewing a distributor’s license or after
  168  completing its semiannual review of the bond amount.
  169         (c) The corporate surety bond amount may be increased to
  170  the sum of the distributor’s highest month of final audited tax
  171  liabilities, penalties, and accrued interest which are due to
  172  the state.
  173         (2) A corporate surety bond, with the sum determined by the
  174  division in accordance with paragraph (1)(c), is required for
  175  renewal of a distributor’s license.
  176         (3) The division may prescribe by rule increases in the
  177  corporate surety bond amounts required as a condition of
  178  licensure.
  179         (4)(a) The division may reduce the amount of a corporate
  180  surety bond upon a distributor’s showing of good cause. For
  181  purposes of this subsection, the term:
  182         1. “Fully resolved” means that criminal or administrative
  183  charges or investigations have been definitively closed or
  184  dismissed, have resulted in an acquittal, or have otherwise
  185  ended in such a manner that no further legal or administrative
  186  actions relating to charges or investigations are pending
  187  against a licensee under applicable laws, rules, or regulations.
  188         2. “Good cause” means a consistent pattern of responsible
  189  financial behavior by the distributor over a period of at least
  190  the preceding 4 years, and having the sum of the distributor’s
  191  final audited tax liabilities, penalties, and interest be less
  192  than the amount of the distributor’s corporate surety bond for
  193  every month for a period of at least the preceding 4 years.
  194         3. “Responsible financial behavior” includes the timely and
  195  complete reporting and payment of all tax liabilities,
  196  penalties, and accrued interest due to the state for a period of
  197  at least the preceding 4 years.
  198         (b) The division may not reduce a corporate surety bond
  199  amount when a licensee:
  200         1. Is in default of any tax liabilities, penalties, or
  201  interest due to the state;
  202         2. Is the subject of a pending criminal prosecution in any
  203  jurisdiction until such prosecution has been fully resolved;
  204         3. Has pending administrative charges brought by an
  205  authorized regulatory body or agency which have not been fully
  206  resolved in accordance with applicable rules and procedures; or
  207         4. Is under investigation by any administrative body or
  208  agency for potential criminal violations until any such
  209  investigation is completed and the findings of the investigation
  210  have been fully resolved in accordance with applicable law.
  211         (5) The division shall notify a distributor in writing of
  212  any change in the distributor’s corporate surety bond
  213  requirements by the date on which the distributor’s audited tax
  214  assessments become final.
  215         (6) The provisions of this section governing corporate
  216  surety bonds are not subject to s. 120.60 Whenever it is the
  217  opinion of the division that the bond given by a licensee is
  218  inadequate in amount to fully protect the state, the division
  219  shall require an additional bond in such amount as is deemed
  220  sufficient.
  221         (7) A separate application for a license must shall be made
  222  for each place of business at which a distributor proposes to
  223  engage in business as a distributor under this part, but an
  224  applicant may provide one corporate surety bond in an amount
  225  determined by the division for all applications made by the
  226  distributor consistent with the requirements of this section.
  227         (8) The division may adopt rules to administer this
  228  section.
  229         Section 4. Paragraph (d) of subsection (3) of section
  230  310.0015, Florida Statutes, is amended to read:
  231         310.0015 Piloting regulation; general provisions.—
  232         (3) The rate-setting process, the issuance of licenses only
  233  in numbers deemed necessary or prudent by the board, and other
  234  aspects of the economic regulation of piloting established in
  235  this chapter are intended to protect the public from the adverse
  236  effects of unrestricted competition which would result from an
  237  unlimited number of licensed pilots being allowed to market
  238  their services on the basis of lower prices rather than safety
  239  concerns. This system of regulation benefits and protects the
  240  public interest by maximizing safety, avoiding uneconomic
  241  duplication of capital expenses and facilities, and enhancing
  242  state regulatory oversight. The system seeks to provide pilots
  243  with reasonable revenues, taking into consideration the normal
  244  uncertainties of vessel traffic and port usage, sufficient to
  245  maintain reliable, stable piloting operations. Pilots have
  246  certain restrictions and obligations under this system,
  247  including, but not limited to, the following:
  248         (d)1. The pilot or pilots in a port shall train and
  249  compensate all member deputy pilots in that port. Failure to
  250  train or compensate such deputy pilots constitutes shall
  251  constitute a ground for disciplinary action under s. 310.101.
  252  Nothing in this subsection may shall be deemed to create an
  253  agency or employment relationship between a pilot or deputy
  254  pilot and the pilot or pilots in a port.
  255         2. The pilot or pilots in a port shall establish a
  256  competency-based mentor program by which minority persons as
  257  defined in s. 288.703 may acquire the skills for the
  258  professional preparation and education competency requirements
  259  of a licensed state pilot or certificated deputy pilot. The
  260  department shall provide the Governor, the President of the
  261  Senate, and the Speaker of the House of Representatives with a
  262  report each year on the number of minority persons as defined in
  263  s. 288.703 who have participated in each mentor program, who are
  264  licensed state pilots or certificated deputy pilots, and who
  265  have applied for state pilot licensure or deputy pilot
  266  certification.
  267         Section 5. Subsection (2) of section 310.081, Florida
  268  Statutes, is amended to read:
  269         310.081 Department to examine and license state pilots and
  270  certificate deputy pilots; vacancies.—
  271         (2) The department shall similarly examine persons who file
  272  applications for certificate as deputy pilot, and, if upon
  273  examination to determine proficiency the department finds them
  274  qualified, the department must shall certify as qualified all
  275  applicants who pass the examination, provided that not more than
  276  five persons who passed the examination are certified for each
  277  declared opening. If more than five applicants per opening pass
  278  the examination, the persons having the highest scores must
  279  shall be certified as qualified up to the number of openings
  280  times five. The department shall give consideration to the
  281  minority and female status of applicants when qualifying deputy
  282  pilots, in the interest of ensuring diversification within the
  283  state piloting profession. The department shall appoint and
  284  certificate such number of deputy pilots from those applicants
  285  deemed qualified as in the discretion of the board are required
  286  in the respective ports of the state. A deputy pilot shall be
  287  authorized by the department to pilot vessels within the limits
  288  and specifications established by the licensed state pilots at
  289  the port where the deputy is appointed to serve.
  290         Section 6. Section 399.18, Florida Statutes, is created to
  291  read:
  292         399.18 Online services account.—
  293         (1) A certified elevator inspector, certified elevator
  294  technician, or registered elevator company; a person or entity
  295  seeking to become certified or registered as such; a person who
  296  has been issued an elevator certificate of competency; a person
  297  who is seeking such certificate; a person or entity who has been
  298  issued an elevator certificate of operation; and a person or
  299  entity who is seeking such a certificate must create and
  300  maintain an online account with the division and provide an e
  301  mail address to the division to function as the primary means of
  302  contact for all communication from the division. Each person or
  303  entity is responsible for maintaining accurate contact
  304  information on file with the division.
  305         (2) The division shall adopt rules to implement this
  306  section.
  307         Section 7. Subsection (4) is added to section 468.521,
  308  Florida Statutes, to read:
  309         468.521 Board of Employee Leasing Companies; membership;
  310  appointments; terms.—
  311         (4) If at any time a sufficient number of appointed board
  312  members does not exist to constitute a quorum pursuant to s.
  313  455.207, the department may, only during the absence of such
  314  quorum, exercise all powers and duties granted to the board
  315  pursuant to chapter 455 and this chapter.
  316         Section 8. Paragraph (c) of subsection (2) of section
  317  469.006, Florida Statutes, is amended to read:
  318         469.006 Licensure of business organizations; qualifying
  319  agents.—
  320         (2)
  321         (c) As a prerequisite to the issuance of a license under
  322  this section, the applicant shall submit the following:
  323         1. An affidavit on a form provided by the department
  324  attesting that the applicant has obtained workers’ compensation
  325  insurance as required by chapter 440, public liability
  326  insurance, and property damage insurance, in amounts determined
  327  by department rule. The department shall establish by rule a
  328  procedure to verify the accuracy of such affidavits based upon a
  329  random sample method.
  330         2. Evidence of financial responsibility. The department
  331  shall adopt rules to determine financial responsibility which
  332  must shall specify grounds on which the department may deny
  333  licensure. Such criteria must shall include, but is not be
  334  limited to, credit history and limits of bondability and credit.
  335         Section 9. Paragraph (c) of subsection (2) of section
  336  471.003, Florida Statutes, is amended to read:
  337         471.003 Qualifications for practice; exemptions.—
  338         (2) The following persons are not required to be licensed
  339  under the provisions of this chapter as a licensed engineer:
  340         (c) Regular full-time employees of a business organization
  341  corporation not engaged in the practice of engineering as such,
  342  whose practice of engineering for such business organization
  343  corporation is limited to the design or fabrication of
  344  manufactured products and servicing of such products.
  345         Section 10. Section 473.306, Florida Statutes, is amended
  346  to read:
  347         473.306 Examinations.—
  348         (1) A person desiring to be licensed as a Florida certified
  349  public accountant shall apply to the department to take the
  350  licensure examination.
  351         (2) A person applying to the department to take the
  352  licensure examination must create and maintain an online account
  353  with the department and provide an e-mail address to function as
  354  the primary means of contact for all communication to the
  355  applicant from the department. Each applicant is responsible for
  356  maintaining accurate contact information on file with the
  357  department and must submit any change in the applicant’s e-mail
  358  address or home address within 30 days after the change. All
  359  changes must be submitted through the department’s online
  360  system.
  361         (3) An applicant is entitled to take the licensure
  362  examination to practice in this state as a certified public
  363  accountant if:
  364         (a) The applicant has completed 120 semester hours or 180
  365  quarter hours from an accredited college or university with a
  366  concentration in accounting and business courses as specified by
  367  the board by rule; and
  368         (b) The applicant shows that she or he has good moral
  369  character. For purposes of this paragraph, the term “good moral
  370  character” has the same meaning as provided in s. 473.308(7)(a)
  371  s. 473.308(6)(a). The board may refuse to allow an applicant to
  372  take the licensure examination for failure to satisfy this
  373  requirement if:
  374         1. The board finds a reasonable relationship between the
  375  lack of good moral character of the applicant and the
  376  professional responsibilities of a certified public accountant;
  377  and
  378         2. The finding by the board of lack of good moral character
  379  is supported by competent substantial evidence.
  380  
  381  If an applicant is found pursuant to this paragraph to be
  382  unqualified to take the licensure examination because of a lack
  383  of good moral character, the board shall furnish to the
  384  applicant a statement containing the findings of the board, a
  385  complete record of the evidence upon which the determination was
  386  based, and a notice of the rights of the applicant to a
  387  rehearing and appeal.
  388         (4)(3) The board shall have the authority to establish the
  389  standards for determining and shall determine:
  390         (a) What constitutes a passing grade for each subject or
  391  part of the licensure examination;
  392         (b) Which educational institutions, in addition to the
  393  universities in the State University System of Florida, shall be
  394  deemed to be accredited colleges or universities;
  395         (c) What courses and number of hours constitute a major in
  396  accounting; and
  397         (d) What courses and number of hours constitute additional
  398  accounting courses acceptable under s. 473.308(4) s. 473.308(3).
  399         (5)(4) The board may adopt an alternative licensure
  400  examination for persons who have been licensed to practice
  401  public accountancy or its equivalent in a foreign country so
  402  long as the International Qualifications Appraisal Board of the
  403  National Association of State Boards of Accountancy has ratified
  404  an agreement with that country for reciprocal licensure.
  405         (6)(5) For the purposes of maintaining the proper
  406  educational qualifications for licensure under this chapter, the
  407  board may appoint an Educational Advisory Committee, which shall
  408  be composed of one member of the board, two persons in public
  409  practice who are licensed under this chapter, and four
  410  academicians on faculties of universities in this state.
  411         Section 11. Present subsections (3) through (9) of section
  412  473.308, Florida Statutes, are redesignated as subsections (4)
  413  through (10), respectively, a new subsection (3) is added to
  414  that section, and subsection (2), paragraph (b) of present
  415  subsection (4), and present subsection (8) of that section are
  416  amended, to read:
  417         473.308 Licensure.—
  418         (2) The board shall certify for licensure any applicant who
  419  successfully passes the licensure examination and satisfies the
  420  requirements of subsections (4), (5), and (6) (3), (4), and (5),
  421  and shall certify for licensure any firm that satisfies the
  422  requirements of ss. 473.309 and 473.3101. The board may refuse
  423  to certify any applicant or firm that has violated any of the
  424  provisions of s. 473.322.
  425         (3) A person desiring to be licensed as a Florida certified
  426  public accountant or a firm desiring to engage in the practice
  427  of public accounting must create and maintain an online account
  428  with the department and provide an e-mail address to function as
  429  the primary means of contact for all communication from the
  430  department. Certified public accountants and firms are
  431  responsible for maintaining accurate contact information on file
  432  with the department and must submit any change in an e-mail
  433  address or street address within 30 days after the change. All
  434  changes must be submitted through the department’s online
  435  system.
  436         (5)(4)
  437         (b) However, an applicant who completed the requirements of
  438  subsection (4) (3) on or before December 31, 2008, and who
  439  passes the licensure examination on or before June 30, 2010, is
  440  exempt from the requirements of this subsection.
  441         (9)(8) If the applicant has at least 5 years of experience
  442  in the practice of public accountancy in the United States or in
  443  the practice of public accountancy or its equivalent in a
  444  foreign country that the International Qualifications Appraisal
  445  Board of the National Association of State Boards of Accountancy
  446  has determined has licensure standards that are substantially
  447  equivalent to those in the United States, or has at least 5
  448  years of work experience that meets the requirements of
  449  subsection (5) (4), the board must shall waive the requirements
  450  of subsection (4) (3) which are in excess of a baccalaureate
  451  degree. All experience that is used as a basis for waiving the
  452  requirements of subsection (4) (3) must be while licensed as a
  453  certified public accountant by another state or territory of the
  454  United States or while licensed in the practice of public
  455  accountancy or its equivalent in a foreign country that the
  456  International Qualifications Appraisal Board of the National
  457  Association of State Boards of Accountancy has determined has
  458  licensure standards that are substantially equivalent to those
  459  in the United States. The board shall have the authority to
  460  establish the standards for experience that meet this
  461  requirement.
  462         Section 12. Subsections (2) and (3) of section 476.114,
  463  Florida Statutes, are amended to read:
  464         476.114 Examination; prerequisites.—
  465         (2) An applicant is shall be eligible for licensure by
  466  examination to practice barbering if the applicant:
  467         (a) Is at least 16 years of age;
  468         (b) Pays the required application fee; and
  469         (c)1. Holds an active valid license to practice barbering
  470  in another state, has held the license for at least 1 year, and
  471  does not qualify for licensure by endorsement as provided for in
  472  s. 476.144(5); or
  473         2. Has received a minimum of 900 hours of training in
  474  sanitation, safety, and laws and rules, as established by the
  475  board, which must shall include, but is shall not be limited to,
  476  the equivalent of completion of services directly related to the
  477  practice of barbering at one of the following:
  478         1.a. A school of barbering licensed pursuant to chapter
  479  1005;
  480         2.b. A barbering program within the public school system;
  481  or
  482         3.c. A government-operated barbering program in this state.
  483  
  484  The board shall establish by rule procedures whereby the school
  485  or program may certify that a person is qualified to take the
  486  required examination after the completion of a minimum of 600
  487  actual school hours. If the person passes the examination, she
  488  or he has shall have satisfied this requirement; but if the
  489  person fails the examination, she or he may shall not be
  490  qualified to take the examination again until the completion of
  491  the full requirements provided by this section.
  492         (3) An applicant who meets the requirements set forth in
  493  paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass
  494  the examination may take subsequent examinations as many times
  495  as necessary to pass, except that the board may specify by rule
  496  reasonable timeframes for rescheduling the examination and
  497  additional training requirements for applicants who, after the
  498  third attempt, fail to pass the examination. Prior to
  499  reexamination, the applicant must file the appropriate form and
  500  pay the reexamination fee as required by rule.
  501         Section 13. Subsection (2) of section 477.019, Florida
  502  Statutes, is amended to read:
  503         477.019 Cosmetologists; qualifications; licensure;
  504  supervised practice; license renewal; endorsement; continuing
  505  education.—
  506         (2) An applicant is shall be eligible for licensure by
  507  examination to practice cosmetology if the applicant:
  508         (a) Is at least 16 years of age or has received a high
  509  school diploma;
  510         (b) Pays the required application fee, which is not
  511  refundable, and the required examination fee, which is
  512  refundable if the applicant is determined to not be eligible for
  513  licensure for any reason other than failure to successfully
  514  complete the licensure examination; and
  515         (c)1. Is authorized to practice cosmetology in another
  516  state or country, has been so authorized for at least 1 year,
  517  and does not qualify for licensure by endorsement as provided
  518  for in subsection (5); or
  519         2. Has received a minimum of 1,200 hours of training as
  520  established by the board, which must shall include, but is shall
  521  not be limited to, the equivalent of completion of services
  522  directly related to the practice of cosmetology at one of the
  523  following:
  524         1.a. A school of cosmetology licensed pursuant to chapter
  525  1005.
  526         2.b. A cosmetology program within the public school system.
  527         3.c. The Cosmetology Division of the Florida School for the
  528  Deaf and the Blind, provided the division meets the standards of
  529  this chapter.
  530         4.d. A government-operated cosmetology program in this
  531  state.
  532  
  533  The board shall establish by rule procedures whereby the school
  534  or program may certify that a person is qualified to take the
  535  required examination after the completion of a minimum of 1,000
  536  actual school hours. If the person then passes the examination,
  537  he or she has shall have satisfied this requirement; but if the
  538  person fails the examination, he or she may shall not be
  539  qualified to take the examination again until the completion of
  540  the full requirements provided by this section.
  541         Section 14. Paragraph (c) of subsection (7) of section
  542  489.131, Florida Statutes, is amended to read:
  543         489.131 Applicability.—
  544         (7)
  545         (c) In addition to any action the local jurisdiction
  546  enforcement body may take against the individual’s local
  547  license, and any fine the local jurisdiction may impose, the
  548  local jurisdiction enforcement body shall issue a recommended
  549  penalty for board action. This recommended penalty may include a
  550  recommendation for no further action, or a recommendation for
  551  suspension, restitution, revocation, or restriction of the
  552  registration, or a fine to be levied by the board, or a
  553  combination thereof. The recommended penalty must specify the
  554  violations of this chapter upon which the recommendation is
  555  based. The local jurisdiction enforcement body shall inform the
  556  disciplined contractor and the complainant of the local license
  557  penalty imposed, the board penalty recommended, his or her
  558  rights to appeal, and the consequences should he or she decide
  559  not to appeal. The local jurisdiction enforcement body shall,
  560  upon having reached adjudication or having accepted a plea of
  561  nolo contendere, immediately inform the board of its action and
  562  the recommended board penalty.
  563         Section 15. Subsections (3) and (6) of section 489.143,
  564  Florida Statutes, are amended to read:
  565         489.143 Payment from the fund.—
  566         (3) Beginning January 1, 2005, for each Division I contract
  567  entered into after July 1, 2004, payment from the recovery fund
  568  is subject to a $50,000 maximum payment for each Division I
  569  claim. Beginning January 1, 2017, for each Division II contract
  570  entered into on or after July 1, 2016, payment from the recovery
  571  fund is subject to a $15,000 maximum payment for each Division
  572  II claim. Beginning January 1, 2025, for Division I and Division
  573  II contracts entered into on or after July 1, 2024, payment from
  574  the recovery fund is subject to a $100,000 maximum payment for
  575  each Division I claim and a $30,000 maximum payment for each
  576  Division II claim.
  577         (6) For contracts entered into before July 1, 2004,
  578  payments for claims against any one licensee may not exceed, in
  579  the aggregate, $100,000 annually, up to a total aggregate of
  580  $250,000. For any claim approved by the board which is in excess
  581  of the annual cap, the amount in excess of $100,000 up to the
  582  total aggregate cap of $250,000 is eligible for payment in the
  583  next and succeeding fiscal years, but only after all claims for
  584  the then-current calendar year have been paid. Payments may not
  585  exceed the aggregate annual or per claimant limits under law.
  586  Beginning January 1, 2005, for each Division I contract entered
  587  into after July 1, 2004, payment from the recovery fund is
  588  subject only to a total aggregate cap of $500,000 for each
  589  Division I licensee. Beginning January 1, 2017, for each
  590  Division II contract entered into on or after July 1, 2016,
  591  payment from the recovery fund is subject only to a total
  592  aggregate cap of $150,000 for each Division II licensee.
  593  Beginning January 1, 2025, for Division I and Division II
  594  contracts entered into on or after July 1, 2024, payment from
  595  the recovery fund is subject only to a total aggregate cap of $2
  596  million for each Division I licensee and $600,000 for each
  597  Division II licensee.
  598         Section 16. Subsection (19) of section 489.505, Florida
  599  Statutes, is amended to read:
  600         489.505 Definitions.—As used in this part:
  601         (19) “Specialty contractor” means a contractor whose scope
  602  of practice is limited to a specific segment of electrical or
  603  alarm system contracting established in a category adopted by
  604  board rule, including, but not limited to, residential
  605  electrical contracting, maintenance of electrical fixtures, and
  606  fabrication, erection, installation, and maintenance of
  607  electrical and nonelectrical advertising signs together with the
  608  interrelated parts and supports thereof.
  609         Section 17. Paragraph (b) of subsection (15) of section
  610  499.012, Florida Statutes, is amended to read:
  611         499.012 Permit application requirements.—
  612         (15)
  613         (b) To be certified as a designated representative, a
  614  natural person must:
  615         1. Submit an application on a form furnished by the
  616  department and pay the appropriate fees.
  617         2. Be at least 18 years of age.
  618         3. Have at least 2 years of verifiable full-time:
  619         a. Work experience in a pharmacy licensed in this state or
  620  another state, where the person’s responsibilities included, but
  621  were not limited to, recordkeeping for prescription drugs;
  622         b. Managerial experience with a prescription drug wholesale
  623  distributor licensed in this state or in another state; or
  624         c. Managerial experience with the United States Armed
  625  Forces, where the person’s responsibilities included, but were
  626  not limited to, recordkeeping, warehousing, distributing, or
  627  other logistics services pertaining to prescription drugs;
  628         d. Managerial experience with a state or federal
  629  organization responsible for regulating or permitting
  630  establishments involved in the distribution of prescription
  631  drugs, whether in an administrative or a sworn law enforcement
  632  capacity; or
  633         e. Work experience as a drug inspector or investigator with
  634  a state or federal organization, whether in an administrative or
  635  a sworn law enforcement capacity, where the person’s
  636  responsibilities related primarily to compliance with state or
  637  federal requirements pertaining to the distribution of
  638  prescription drugs.
  639         4. Receive a passing score of at least 75 percent on an
  640  examination given by the department regarding federal laws
  641  governing distribution of prescription drugs and this part and
  642  the rules adopted by the department governing the wholesale
  643  distribution of prescription drugs. This requirement shall be
  644  effective 1 year after the results of the initial examination
  645  are mailed to the persons that took the examination. The
  646  department shall offer such examinations at least four times
  647  each calendar year.
  648         5. Provide the department with a personal information
  649  statement and fingerprints pursuant to subsection (9).
  650         Section 18. Subsection (2) of section 561.15, Florida
  651  Statutes, is amended to read:
  652         561.15 Licenses; qualifications required.—
  653         (2) A No license under the Beverage Law may not shall be
  654  issued to any person who has been convicted within the last past
  655  5 years of any offense against the beverage laws of this state,
  656  the United States, or any other state; who has been convicted
  657  within the last past 5 years in this state or any other state or
  658  the United States of soliciting for prostitution, pandering,
  659  letting premises for prostitution, or keeping a disorderly place
  660  or of any criminal violation of chapter 893 or the controlled
  661  substance act of any other state or the Federal Government; or
  662  who has been convicted in the last past 10 15 years of any
  663  felony in this state or any other state or the United States; or
  664  to a corporation, any of the officers of which shall have been
  665  so convicted. The term “conviction” includes shall include an
  666  adjudication of guilt on a plea of guilty or nolo contendere or
  667  the forfeiture of a bond when charged with a crime.
  668         Section 19. Subsection (5) of section 561.17, Florida
  669  Statutes, is amended to read:
  670         561.17 License and registration applications; approved
  671  person.—
  672         (5) Any person or entity licensed or permitted by the
  673  division, or applying for a license or permit, must create and
  674  maintain an account with the division’s online system and
  675  provide an e-mail electronic mail address to the division to
  676  function as the primary means of contact for all communication
  677  by the division to the licensee, or permittee, or applicant.
  678  Licensees, and permittees, and applicants are responsible for
  679  maintaining accurate contact information on file with the
  680  division. A person or an entity seeking a license or permit from
  681  the division must apply using forms prepared by the division and
  682  filed through the division’s online system before engaging in
  683  any business for which a license or permit is required. The
  684  division may not process an application for an alcoholic
  685  beverage license unless the application is submitted through the
  686  division’s online system.
  687         Section 20. Section 569.00256, Florida Statutes, is created
  688  to read:
  689         569.00256 Account; online system.—A person or an entity
  690  licensed or permitted by the division under this part, or
  691  applying for a license or a permit, must create and maintain an
  692  account with the division’s online system and provide an e-mail
  693  address to the division to function as the primary means of
  694  contact for all communication by the division to the licensee,
  695  permittee, or applicant. Licensees, permittees, and applicants
  696  are responsible for maintaining accurate contact information
  697  with the division. A person or an entity seeking a license or
  698  permit from the division must apply using forms prepared by the
  699  division and filed through the division’s online system before
  700  engaging in any business for which a license or permit is
  701  required. The division may not process an application to deal,
  702  at retail, in tobacco products unless the application is
  703  submitted through the division’s online system.
  704         Section 21. Section 569.3156, Florida Statutes, is created
  705  to read:
  706         569.3156 Account; online system.—A person or an entity
  707  licensed or permitted by the division under this part, or
  708  applying for a license or a permit, must create and maintain an
  709  account with the division’s online system and provide an e-mail
  710  address to the division to function as the primary means of
  711  contact for all communication by the division to the licensee,
  712  permittee, or applicant. Licensees, permittees, and applicants
  713  are responsible for maintaining accurate contact information
  714  with the division. A person or an entity seeking a license or
  715  permit from the division must apply using forms prepared by the
  716  division and filed through the division’s online system before
  717  engaging in any business for which a license or permit is
  718  required. The division may not process an application to deal,
  719  at retail, in nicotine products unless the application is
  720  submitted through the division’s online system.
  721         Section 22. Subsection (2) of section 210.16, Florida
  722  Statutes, is amended to read:
  723         210.16 Revocation or suspension of permit.—
  724         (2) The division shall revoke the permit or permits of any
  725  person who would be ineligible to obtain a new license or renew
  726  a license by reason of any of the conditions for permitting
  727  provided in s. 210.15(1)(d)1.-6. s. 210.15(1)(c)1.-6.
  728         Section 23. Paragraph (a) of subsection (6) of section
  729  476.144, Florida Statutes, is amended to read:
  730         476.144 Licensure.—
  731         (6) A person may apply for a restricted license to practice
  732  barbering. The board shall adopt rules specifying procedures for
  733  an applicant to obtain a restricted license if the applicant:
  734         (a)1. Has successfully completed a restricted barber
  735  course, as established by rule of the board, at a school of
  736  barbering licensed pursuant to chapter 1005, a barbering program
  737  within the public school system, or a government-operated
  738  barbering program in this state; or
  739         2.a. Holds or has within the previous 5 years held an
  740  active valid license to practice barbering in another state or
  741  country or has held a Florida barbering license which has been
  742  declared null and void for failure to renew the license, and the
  743  applicant fulfilled the requirements of s. 476.114(2)(c) s.
  744  476.114(2)(c)2. for initial licensure; and
  745         b. Has not been disciplined relating to the practice of
  746  barbering in the previous 5 years; and
  747  
  748  The restricted license shall limit the licensee’s practice to
  749  those specific areas in which the applicant has demonstrated
  750  competence pursuant to rules adopted by the board.
  751         Section 24. This act shall take effect July 1, 2024.