August 11, 2020
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_h0425__
HB 425

1
A bill to be entitled
2An act relating to regulation of professions; amending s.
3455.213, F.S.; deleting signature notarization from the
4information that the Department of Business and
5Professional Regulation may require in documents submitted
6for the issuance or renewal of a license; prescribing when
7an application is received for purposes of certain
8requirements of the Administrative Procedure Act; amending
9s. 455.217, F.S.; deleting a provision requiring passage
10of examinations relating to the practice of professions;
11amending s. 455.227, F.S.; establishing additional grounds
12for discipline of professions subject to regulation;
13prohibiting the failure to report criminal convictions and
14pleas; prohibiting the failure to complete certain
15treatment programs; providing penalties; creating s.
16455.2274, F.S.; authorizing the department's
17representative to appear in criminal proceedings under
18certain circumstances and provide certain assistance to
19the court; amending s. 455.2281, F.S.; authorizing the
20department to set unlicensed activities special fees for
21each profession; authorizing the department to adopt rules
22that reduce or waive the fees under certain circumstances;
23amending s. 473.305, F.S.; deleting an examination late
24filing fee applicable to certified public accountant
25examinees; amending s. 473.308, F.S.; exempting certain
26applicants from the work experience requirement for
27licensure as a certified public accountant; amending s.
28473.311, F.S.; deleting a provision requiring passage of a
29rules examination for renewal of license as a certified
30public accountant; amending s. 473.313, F.S.; deleting a
31provision requiring passage of an examination as a
32condition for reactivation of an inactive license as a
33certified public accountant; amending s. 475.175, F.S.;
34deleting the option to submit a notarized application for
35a real estate broker or sales associate license; amending
36s. 475.451, F.S.; limiting the attorney exemption from
37continuing education requirements to attorneys in good
38standing with The Florida Bar; amending s. 475.615, F.S.;
39deleting a requirement that an application for a real
40estate appraiser certification be notarized; amending s.
41476.134, F.S.; requiring a written examination for a
42barbering license; deleting provisions for a practical
43examination for barbering license applicants; amending ss.
44489.109 and 489.114, F.S.; deleting provisions relating to
45a business organization's certificate of authority for
46contracting to conform to changes made by the act;
47amending s. 489.117, F.S.; deleting provisions requiring a
48contractor applicant to submit proof of a local
49occupational license; amending s. 489.119, F.S.; deleting
50provisions for the issuance of a certificate of authority
51to a business organization for contracting; requiring a
52contractor to apply for registration or certification to
53qualify a business organization as the qualifying agent;
54authorizing the Construction Industry Licensing Board to
55deny a registration or certification to qualify a business
56organization under certain circumstances; requiring the
57qualifying agent of a business organization to present
58certain evidence to the board; providing that the board
59has discretion to approve a business organization;
60amending ss. 489.127, 489.128, 489.129, and 489.132, F.S.;
61deleting provisions relating to a business organization's
62certificate of authority for contracting to conform to
63changes made by the act; amending s. 489.513, F.S.;
64deleting a requirement that the local license required for
65an electrical or alarm system contractor be an
66occupational license; amending s. 489.515, F.S.;
67authorizing the Electrical Contractors' Licensing Board to
68adopt rules allowing alternative means for a certified
69contractor applicant to demonstrate financial
70responsibility; amending s. 548.002, F.S.; defining the
71term "event" for regulation of pugilistic exhibitions;
72amending s. 548.003, F.S.; authorizing the Florida State
73Boxing Commission to adopt criteria for the approval of
74certain amateur sanctioning organizations; reenacting ss.
75468.436(2)(a), 468.832(1)(a), 468.842(1)(a),
76471.033(1)(a), 472.033(1)(a), 473.323(1)(a), 475.25(1)(a),
77475.624(1), 476.204(1)(h), 477.029(1)(h), 481.225(1)(a),
78and 481.325(1)(a), F.S., relating to the discipline of
79community association managers or firms, home inspectors,
80mold assessors and remediators, engineers, surveyors and
81mappers, certified public accountants and accounting
82firms, real estate brokers and sales associates, real
83estate appraisers, barbers, cosmetologists, architects,
84and landscape architects, to incorporate the amendment
85made to s. 455.227, F.S., in references thereto; repealing
86s. 509.201, F.S., relating to posting and advertising the
87room rates of a public lodging establishment and related
88penalties; providing an effective date.
89
90Be It Enacted by the Legislature of the State of Florida:
91
92     Section 1.  Subsection (1) of section 455.213, Florida
93Statutes, is amended to read:
94     455.213  General licensing provisions.--
95     (1)  Any person desiring to be licensed shall apply to the
96department in writing. The application for licensure shall be
97submitted made on a form prescribed prepared and furnished by
98the department and must include the applicant's social security
99number. Notwithstanding any other provision of law, the
100department is the sole authority for determining the contents of
101any documents to be submitted for initial licensure and
102licensure renewal. Such documents may contain information
103including, as appropriate: demographics, education, work
104history, personal background, criminal history, finances,
105business information, complaints, inspections, investigations,
106discipline, bonding, signature notarization, photographs,
107performance periods, reciprocity, local government approvals,
108supporting documentation, periodic reporting requirements,
109fingerprint requirements, continuing education requirements, and
110ongoing education monitoring. The application shall be
111supplemented as needed to reflect any material change in any
112circumstance or condition stated in the application which takes
113place between the initial filing of the application and the
114final grant or denial of the license and which might affect the
115decision of the department. In order to further the economic
116development goals of the state, and notwithstanding any law to
117the contrary, the department may enter into an agreement with
118the county tax collector for the purpose of appointing the
119county tax collector as the department's agent to accept
120applications for licenses and applications for renewals of
121licenses. The agreement must specify the time within which the
122tax collector must forward any applications and accompanying
123application fees to the department. In cases where a person
124applies or schedules directly with a national examination
125organization or examination vendor to take an examination
126required for licensure, any organization- or vendor-related fees
127associated with the examination may be paid directly to the
128organization or vendor. An application is received for purposes
129of s. 120.60 upon the department's receipt of the application
130submitted in the format prescribed by the department; the
131application fee set by the board or, if there is no board, set
132by the department; and any other fee required by law or rule to
133be remitted with the application.
134     Section 2.  Subsection (7) of section 455.217, Florida
135Statutes, is amended to read:
136     455.217  Examinations.--This section shall be read in
137conjunction with the appropriate practice act associated with
138each regulated profession under this chapter.
139     (7)  In addition to meeting any other requirements for
140licensure by examination or by endorsement, an applicant may be
141required by a board, or by the department, if there is no board,
142to pass an examination pertaining to state laws and rules
143applicable to the practice of the profession regulated by that
144board or by the department.
145     Section 3.  Paragraphs (t) and (u) are added to subsection
146(1) of section 455.227, Florida Statutes, to read:
147     455.227  Grounds for discipline; penalties; enforcement.--
148     (1)  The following acts shall constitute grounds for which
149the disciplinary actions specified in subsection (2) may be
150taken:
151     (t)  Failing to report in writing to the board or, if there
152is no board, to the department within 30 days after the licensee
153is convicted or found guilty of, or entered a plea of nolo
154contendere or guilty to, regardless of adjudication, a crime in
155any jurisdiction. A licensee must report a conviction, finding
156of guilt, plea, or adjudication entered before the effective
157date of this paragraph within 30 days after the effective date
158of this paragraph.
159     (u)  Termination from a treatment program for impaired
160practitioners as described in s. 456.076 for failure to comply,
161without good cause, with the terms of the monitoring or
162treatment contract entered into by the licensee or failing to
163successfully complete a drug or alcohol treatment program.
164     Section 4.  Section 455.2274, Florida Statutes, is created
165to read:
166     455.2274  Criminal proceedings against licensees;
167appearances by department representatives.--A representative of
168the department may voluntarily appear in a criminal proceeding
169brought against a person licensed by the department to practice
170a profession regulated by the state. The department's
171representative is authorized to furnish pertinent information,
172make recommendations regarding specific conditions of probation,
173and provide other assistance to the court necessary to promote
174justice or protect the public. The court may order a
175representative of the department to appear in a criminal
176proceeding if the crime charged is substantially related to the
177qualifications, functions, or duties of a license regulated by
178the department.
179     Section 5.  Section 455.2281, Florida Statutes, is amended
180to read:
181     455.2281  Unlicensed activities; fees; disposition.--In
182order to protect the public and to ensure a consumer-oriented
183department, it is the intent of the Legislature that vigorous
184enforcement of regulation for all professional activities is a
185state priority. All enforcement costs should be covered by
186professions regulated by the department. Therefore, the
187department may shall impose, upon initial licensure and each
188renewal thereof, a special fee not to exceed of $5 per licensee.
189The Such fee shall be set by the department by rule for each
190profession and shall be in addition to all other fees collected
191from each licensee and shall fund efforts to combat unlicensed
192activity. Any profession regulated by the department which
193offers services that are not subject to regulation when provided
194by an unlicensed person may use funds in its unlicensed activity
195account to inform the public of such situation. The board with
196concurrence of the department, or the department when there is
197no board, may earmark up to $5 of the current licensure fee for
198this purpose, if such board, or profession regulated by the
199department, is not in a deficit and has a reasonable cash
200balance. The department may adopt rules to waive an unlicensed
201activity special fee for up to 2 years if both the operating
202account and the unlicensed activity account have an excess cash
203balance. A board or profession regulated by the department may
204authorize the transfer of funds from the operating fund account
205to the unlicensed activity account of that profession if the
206operating fund account is not in a deficit and has a reasonable
207cash balance. The department shall make direct charges to this
208fund by profession and shall not allocate indirect overhead. The
209department shall seek board advice regarding enforcement methods
210and strategies prior to expenditure of funds; however, the
211department may, without board advice, allocate funds to cover
212the costs of continuing education compliance monitoring under s.
213455.2177. The department shall directly credit, by profession,
214revenues received from the department's efforts to enforce
215licensure provisions. The department shall include all financial
216and statistical data resulting from unlicensed activity
217enforcement and from continuing education compliance monitoring
218as separate categories in the quarterly management report
219provided for in s. 455.219. The department shall not charge the
220account of any profession for the costs incurred on behalf of
221any other profession. For an unlicensed activity account, a
222balance which remains at the end of a renewal cycle may, with
223concurrence of the applicable board and the department, be
224transferred to the operating fund account of that profession.
225     Section 6.  Section 473.305, Florida Statutes, is amended
226to read:
227     473.305  Fees.--The board, by rule, may establish fees to
228be paid for applications, examination, reexamination, licensing
229and renewal, reinstatement, and recordmaking and recordkeeping.
230The fee for the examination shall be established at an amount
231that covers the costs for the procurement or development,
232administration, grading, and review of the examination. The fee
233for the examination is refundable if the applicant is found to
234be ineligible to sit for the examination. The fee for initial
235application is nonrefundable, and the combined fees for
236application and examination may not exceed $250 plus the actual
237per applicant cost to the department for purchase of the
238examination from the American Institute of Certified Public
239Accountants or a similar national organization. The biennial
240renewal fee may not exceed $250. The board may also establish,
241by rule, a reactivation fee, a late filing fee for the law and
242rules examination, and a delinquency fee not to exceed $50 for
243continuing professional education reporting forms. The board
244shall establish fees which are adequate to ensure the continued
245operation of the board and to fund the proportionate expenses
246incurred by the department which are allocated to the regulation
247of public accountants. Fees shall be based on department
248estimates of the revenue required to implement this chapter and
249the provisions of law with respect to the regulation of
250certified public accountants.
251     Section 7.  Subsection (4) of section 473.308, Florida
252Statutes, is amended to read:
253     473.308  Licensure.--
254     (4)  An applicant for licensure after December 31, 2008,
255must show that he or she has had 1 year of work experience. This
256experience shall include providing any type of service or advice
257involving the use of accounting, attest, compilation, management
258advisory, financial advisory, tax, or consulting skills, all of
259which must be verified by a certified public accountant who is
260licensed by a state or territory of the United States and who
261has supervised the applicant. This experience is acceptable if
262it was gained through employment in government, industry,
263academia, or public practice; constituted a substantial part of
264the applicant's duties; and was under the supervision of a
265certified public accountant licensed by a state or territory of
266the United States. The board shall adopt rules specifying
267standards and providing for the review and approval of the work
268experience required by this section. This subsection does not
269apply to an applicant who completed the educational requirements
270in subsection (3) by December 31, 2008, and passes the licensure
271examination by June 30, 2010.
272     Section 8.  Subsection (1) of section 473.311, Florida
273Statutes, is amended to read:
274     473.311  Renewal of license.--
275     (1)  The department shall renew a license upon receipt of
276the renewal application and fee and upon certification by the
277board that the licensee has satisfactorily completed the
278continuing education requirements of s. 473.312 and has passed
279an examination approved by the board on chapter 455 and this
280chapter and the related administrative rules. However, each
281licensee must complete the requirements of s. 473.312(1)(c)
282prior to taking the examination.
283     Section 9.  Subsection (3) of section 473.313, Florida
284Statutes, is amended to read:
285     473.313  Inactive status.--
286     (3)  Any licensee holding an inactive license may be
287permitted to reactivate such license in a conditional manner.
288The conditions of reactivation shall require, in addition to the
289payment of fees, the passing of the examination approved by the
290board concerning chapter 455 and this chapter, and the related
291administrative rules, and the completion of required continuing
292education.
293     Section 10.  Paragraph (a) of subsection (1) of section
294475.175, Florida Statutes, is amended to read:
295     475.175  Examinations.--
296     (1)  A person shall be entitled to take the license
297examination to practice in this state if the person:
298     (a)  Submits to the department the appropriate notarized or
299electronically authenticated application and fee, and a
300fingerprint card. The fingerprint card shall be forwarded to the
301Division of Criminal Justice Information Systems within the
302Department of Law Enforcement for purposes of processing the
303fingerprint card to determine if the applicant has a criminal
304history record. The fingerprint card shall also be forwarded to
305the Federal Bureau of Investigation for purposes of processing
306the fingerprint card to determine if the applicant has a
307criminal history record. The information obtained by the
308processing of the fingerprint card by the Florida Department of
309Law Enforcement and the Federal Bureau of Investigation shall be
310sent to the department for the purpose of determining if the
311applicant is statutorily qualified for examination. Effective
312July 1, 2006, an applicant shall provide fingerprints in
313electronic format.
314     Section 11.  Subsection (6) of section 475.451, Florida
315Statutes, is amended to read:
316     475.451  Schools teaching real estate practice.--
317     (6)  Any course prescribed by the commission as a condition
318precedent to any person's becoming initially licensed as a sales
319associate may be taught in any real estate school through the
320use of a video tape of instruction by a currently permitted
321instructor from any such school or may be taught by distance
322learning pursuant to s. 475.17(2). The commission may require
323that any such video tape course have a single session of live
324instruction by a currently permitted instructor from any such
325school; however, this requirement shall not exceed 3 classroom
326hours. All other prescribed courses, except the continuing
327education course required by s. 475.182, shall be taught by a
328currently permitted school instructor personally in attendance
329at such course or by distance learning pursuant to s. 475.17.
330The continuing education course required by s. 475.182 may be
331taught by distance learning pursuant to s. 475.17 or by an
332equivalent correspondence course; however, any such
333correspondence course shall be required to have a final
334examination, prepared and administered by the school issuing the
335correspondence course. The continuing education requirements
336provided in this section or provided in any other section in
337this chapter do not apply with respect to an any attorney who is
338otherwise qualified under the provisions of this chapter and who
339is a certified member in good standing by The Florida Bar.
340     Section 12.  Subsection (5) of section 475.615, Florida
341Statutes, is amended to read:
342     475.615  Qualifications for registration or
343certification.--
344     (5)  At the time of filing an a notarized application for
345registration or certification, the applicant must sign a pledge
346to comply with the Uniform Standards of Professional Appraisal
347Practice upon registration or certification and must indicate in
348writing that she or he understands the types of misconduct for
349which disciplinary proceedings may be initiated. The application
350shall expire 1 year after the date received.
351     Section 13.  Subsection (1) of section 476.134, Florida
352Statutes, is amended to read:
353     476.134  Examinations.--
354     (1)  Examinations of applicants for licenses as barbers
355shall be offered not less than four times each year. The
356examination of applicants for licenses as barbers shall may
357include both a practical demonstration and a written test. The
358board shall have the authority to adopt rules with respect to
359the examination of applicants for licensure. The board may
360provide rules with respect to written or practical examinations
361in such manner as the board may deem fit.
362     Section 14.  Paragraphs (e) through (g) of subsection (1)
363of section 489.109, Florida Statutes, are redesignated as
364paragraphs (d) through (f), respectively, and present paragraph
365(d) of that subsection is amended to read:
366     489.109  Fees.--
367     (1)  The board, by rule, shall establish reasonable fees to
368be paid for applications, certification and renewal,
369registration and renewal, and recordmaking and recordkeeping.
370The fees shall be established as follows:
371     (d)  The board, by rule, may establish a fee for transfer
372of a certificate of authority from one business organization to
373another, not to exceed the applicable renewal fee.
374     Section 15.  Section 489.114, Florida Statutes, is amended
375to read:
376     489.114  Evidence of workers' compensation
377coverage.--Except as provided in s. 489.115(5)(d), any person,
378business organization, or qualifying agent engaged in the
379business of contracting in this state and certified or
380registered under this part shall, as a condition precedent to
381the issuance or renewal of a certificate or, registration, or
382certificate of authority of the contractor, provide to the
383Construction Industry Licensing Board, as provided by board
384rule, evidence of workers' compensation coverage pursuant to
385chapter 440. In the event that the Division of Workers'
386Compensation of the Department of Financial Services receives
387notice of the cancellation of a policy of workers' compensation
388insurance insuring a person or entity governed by this section,
389the Division of Workers' Compensation shall certify and identify
390all persons or entities by certification or registration license
391number to the department after verification is made by the
392Division of Workers' Compensation that persons or entities
393governed by this section are no longer covered by workers'
394compensation insurance. Such certification and verification by
395the Division of Workers' Compensation may result from records
396furnished to the Division of Workers' Compensation by the
397persons or entities governed by this section or an investigation
398completed by the Division of Workers' Compensation. The
399department shall notify the persons or entities governed by this
400section who have been determined to be in noncompliance with
401chapter 440, and the persons or entities notified shall provide
402certification of compliance with chapter 440 to the department
403and pay an administrative fine in the amount of $500. The
404failure to maintain workers' compensation coverage as required
405by law shall be grounds for the board to revoke, suspend, or
406deny the issuance or renewal of a certificate or, registration,
407or certificate of authority of the contractor under the
408provisions of s. 489.129.
409     Section 16.  Paragraph (a) of subsection (1) of section
410489.117, Florida Statutes, is amended to read:
411     489.117  Registration; specialty contractors.--
412     (1)(a)  Any person engaged in the business of a contractor
413in the state shall be registered in the proper classification,
414unless he or she is certified. Any person entering the business
415of a contractor shall be registered before prior to engaging in
416business as a contractor, unless he or she is certified. To be
417initially registered, the applicant shall submit the required
418fee and file evidence, in a form provided by the department, of
419holding a current local occupational license required by any
420municipality, county, or development district, if any, for the
421type of work for which registration is desired and evidence of
422successful compliance with the local examination and licensing
423requirements, if any, in the area for which registration is
424desired. An No examination is not shall be required for
425registration.
426     Section 17.  Section 489.119, Florida Statutes, is amended
427to read:
428     489.119  Business organizations; qualifying agents.--
429     (1)  If an individual proposes to engage in contracting in
430the individual's own name, or a fictitious name where the
431individual is doing business as a sole proprietorship,
432registration or certification may be issued only to that
433individual.
434     (2)  If the applicant proposes to engage in contracting as
435a business organization, including any partnership, corporation,
436business trust, or other legal entity, or in any name other than
437the applicant's legal name or a fictitious name where the
438applicant is doing business as a sole proprietorship, the
439applicant business organization must apply for registration or
440certification as the for a certificate of authority through a
441qualifying agent of the business organization and under the
442fictitious name, if any.
443     (a)  An The application for registration or certification
444to qualify a business organization a certificate of authority
445must state the name of the partnership and of its partners; the
446name of the corporation and of its officers and directors and
447the name of each of its stockholders who is also an officer or
448director; the name of the business trust and its trustees; or
449the name of such other legal entity and its members; and must
450state the fictitious name, if any, under which the business
451organization is doing business.
452     (b)1.  An The application for registration or certification
453to qualify a business organization primary qualifying agent must
454include an affidavit on a form provided by the board attesting
455that the applicant has final approval authority for all
456construction work performed by the business organization entity
457and that the applicant has final approval authority on all
458business matters, including contracts, specifications, checks,
459drafts, or payments, regardless of the form of payment, made by
460the business organization entity, except where a financially
461responsible officer is approved.
462     2.  The application for financially responsible officer
463must include an affidavit on a form provided by the board
464attesting that the applicant's approval is required for all
465checks, drafts, or payments, regardless of the form of payment,
466made by the business organization entity and that the applicant
467has authority to act for the business organization in all
468financial matters.
469     3.  The application for secondary qualifying agent must
470include an affidavit on a form provided by the board attesting
471that the applicant has authority to supervise all construction
472work performed by the business organization entity as provided
473in s. 489.1195(2).
474     (c)  The board may deny an application for registration or
475certification to qualify a business organization if the
476applicant, or any person listed in paragraph (a), has been
477involved in past disciplinary actions or on any grounds for
478which an individual registration or certification may be denied.
479     (d)(b)  The applicant must furnish evidence of statutory
480compliance if a fictitious name is used, the provisions of s.
481865.09(7) notwithstanding.
482     (e)(c)  A joint venture, including a joint venture composed
483of qualified business organizations, is itself a separate and
484distinct organization that must be qualified and obtain a
485certificate of authority in accordance with board rules.
486     (d)  A certificate of authority must be renewed every 2
487years. If there is a change in any information that is required
488to be stated on the application, the business organization
489shall, within 45 days after such change occurs, mail the correct
490information to the department.
491     (3)(a)  A The qualifying agent must shall be certified or
492registered under this part in order for the business
493organization to operate be issued a certificate of authority in
494the category of contracting in the business conducted for which
495the qualifying agent is certified or registered. If any
496qualifying agent ceases to be affiliated with a such business
497organization, he or she shall so inform the department. In
498addition, if the such qualifying agent is the only certified or
499registered contractor affiliated with the business organization,
500the business organization shall notify the department of the
501termination of the qualifying agent and shall have 60 days from
502the termination of the qualifying agent's affiliation with the
503business organization in which to employ another qualifying
504agent. The business organization may not engage in contracting
505until a qualifying agent is employed, unless the executive
506director or chair of the board has granted a temporary
507nonrenewable certificate or registration to the financially
508responsible officer, the president, a partner, or, in the case
509of a limited partnership, the general partner, who assumes all
510responsibilities of a primary qualifying agent for the business
511organization entity. This temporary certificate or registration
512shall only allow the business organization entity to proceed
513with incomplete contracts. For the purposes of this paragraph,
514an incomplete contract is one which has been awarded to, or
515entered into by, the business organization prior to the
516cessation of affiliation of the qualifying agent with the
517business organization or one on which the business organization
518was the low bidder and the contract is subsequently awarded,
519regardless of whether any actual work has commenced under the
520contract prior to the qualifying agent ceasing to be affiliated
521with the business organization.
522     (b)  The qualifying agent shall inform the department in
523writing when he or she proposes to engage in contracting in his
524or her own name or in affiliation with another business
525organization, and he or she or such new business organization
526shall supply the same information to the department as required
527of applicants under this part.
528     (c)  Upon a favorable determination by the board, after
529investigation of the financial responsibility, credit, and
530business reputation of the qualifying agent and the new business
531organization, the department shall issue, without an
532examination, a new certificate of authority in the business
533organization's name.
534     (4)  Disciplinary action against a business organization
535holding a certificate of authority shall be administered in the
536same manner and on the same grounds as disciplinary action
537against a contractor. The board may deny the certification of
538any person cited in subsection (2) if the person has been
539involved in past disciplinary actions or on any grounds for
540which individual certification can be denied.
541     (4)(5)  When a certified qualifying agent, on behalf of a
542business organization, makes application for an occupational
543license in any municipality or county of this state, the
544application shall be made with the tax collector in the name of
545the business organization and the qualifying agent; and the
546license, when issued, shall be issued to the business
547organization, upon payment of the appropriate licensing fee and
548exhibition to the tax collector of a valid certificate for the
549qualifying agent and a valid certificate of authority for the
550business organization issued by the department, and the state
551license numbers shall be noted thereon.
552     (5)(6)(a)  Each registered or certified contractor shall
553affix the number of his or her registration or certification to
554each application for a building permit and on each building
555permit issued and recorded. Each city or county building
556department shall require, as a precondition for the issuance of
557the building permit, that the contractor taking out the permit
558must provide verification giving his or her Construction
559Industry Licensing Board registration or certification number.
560     (b)  The registration or certification number of each
561contractor or certificate of authority number for each business
562organization shall appear in each offer of services, business
563proposal, bid, contract, or advertisement, regardless of medium,
564as defined by board rule, used by that contractor or business
565organization in the practice of contracting.
566     (c)  If a vehicle bears the name of a contractor or
567business organization, or any text or artwork which would lead a
568reasonable person to believe that the vehicle is used for
569contracting, the registration or certification number of the
570contractor or certificate of authority number of the business
571organization must be conspicuously and legibly displayed with
572the name, text, or artwork. Local governments may also require
573that locally licensed contractors must also display their
574certificate of competency or license numbers. Nothing in this
575paragraph shall be construed to create a mandatory vehicle
576signage requirement.
577     (d)  For the purposes of this part, the term
578"advertisement" does not include business stationery or any
579promotional novelties such as balloons, pencils, trinkets, or
580articles of clothing.
581     (e)  The board shall issue a notice of noncompliance for
582the first offense, and may assess a fine or issue a citation for
583failure to correct the offense within 30 days or for any
584subsequent offense, to any contractor or business organization
585that fails to include the certification or, registration, or
586certificate of authority number as required by this part when
587submitting an advertisement for publication, broadcast, or
588printing or fails to display the certification or, registration,
589or certificate of authority number as required by this part.
590     (6)(7)  Each qualifying agent shall pay the department an
591amount equal to the original fee for registration or
592certification to qualify a certificate of authority of a new
593business organization. If the qualifying agent for a business
594organization desires to qualify additional business
595organizations, the board shall require the qualifying agent him
596or her to present evidence of his or her ability to supervise
597the construction activities and financial responsibility of each
598such organization. Approval of each business organization The
599issuance of such certificate of authority is discretionary with
600the board.
601     (7)(8)(a)  A business organization proposing to engage in
602contracting is not required to apply for or obtain authorization
603under this part to engage in contracting if:
604     1.  The business organization employs one or more
605registered or certified contractors licensed in accordance with
606this part who are responsible for obtaining permits and
607supervising all of the business organization's contracting
608activities;
609     2.  The business organization engages only in contracting
610on property owned by the business organization or by its parent,
611subsidiary, or affiliated entities; and
612     3.  The business organization, or its parent entity if the
613business organization is a wholly owned subsidiary, maintains a
614minimum net worth of $20 million.
615     (b)  Any business organization engaging in contracting
616under this subsection shall provide the board with the name and
617license number of each registered or certified contractor
618employed by the business organization to supervise its
619contracting activities. The business organization is not
620required to post a bond or otherwise evidence any financial or
621credit information except as necessary to demonstrate compliance
622with paragraph (a).
623     (c)  A registered or certified contractor employed by a
624business organization to supervise its contracting activities
625under this subsection shall not be required to post a bond or
626otherwise evidence any personal financial or credit information
627so long as the individual performs contracting activities
628exclusively on behalf of a business organization meeting all of
629the requirements of paragraph (a).
630     Section 18.  Subsection (1) of section 489.127, Florida
631Statutes, is amended to read:
632     489.127  Prohibitions; penalties.--
633     (1)  No person shall:
634     (a)  Falsely hold himself or herself or a business
635organization out as a licensee, certificateholder, or
636registrant;
637     (b)  Falsely impersonate a certificateholder or registrant;
638     (c)  Present as his or her own the certificate or,
639registration, or certificate of authority of another;
640     (d)  Knowingly give false or forged evidence to the board
641or a member thereof;
642     (e)  Use or attempt to use a certificate or, registration
643that, or certificate of authority which has been suspended or
644revoked;
645     (f)  Engage in the business or act in the capacity of a
646contractor or advertise himself or herself or a business
647organization as available to engage in the business or act in
648the capacity of a contractor without being duly registered or
649certified or having a certificate of authority;
650     (g)  Operate a business organization engaged in contracting
651after 60 days following the termination of its only qualifying
652agent without designating another primary qualifying agent,
653except as provided in ss. 489.119 and 489.1195;
654     (h)  Commence or perform work for which a building permit
655is required pursuant to part IV of chapter 553 without such
656building permit being in effect; or
657     (i)  Willfully or deliberately disregard or violate any
658municipal or county ordinance relating to uncertified or
659unregistered contractors.
660
661For purposes of this subsection, a person or business
662organization operating on an inactive or suspended certificate
663or, registration, or certificate of authority is not duly
664certified or registered and is considered unlicensed. A business
665tax receipt issued under the authority of chapter 205 is not a
666license for purposes of this part.
667     Section 19.  Paragraph (b) of subsection (1) of section
668489.128, Florida Statutes, is amended to read:
669     489.128  Contracts entered into by unlicensed contractors
670unenforceable.--
671     (1)  As a matter of public policy, contracts entered into
672on or after October 1, 1990, by an unlicensed contractor shall
673be unenforceable in law or in equity by the unlicensed
674contractor.
675     (b)  For purposes of this section, an individual or
676business organization may not be considered unlicensed for
677failing to have a business tax receipt issued under the
678authority of chapter 205. A business organization may not be
679considered unlicensed for failing to have a certificate of
680authority as required by ss. 489.119 and 489.127. For purposes
681of this section, a business organization entering into the
682contract may not be considered unlicensed if, before the date
683established by paragraph (c), an individual possessing a license
684required by this part concerning the scope of the work to be
685performed under the contract has submitted an application for a
686certificate of authority designating that individual as a
687qualifying agent for the business organization entering into the
688contract, and the application was not acted upon by the
689department or applicable board within the time limitations
690imposed by s. 120.60.
691     Section 20.  Subsections (1), (5), and (7) of section
692489.129, Florida Statutes, are amended to read:
693     489.129  Disciplinary proceedings.--
694     (1)  The board may take any of the following actions
695against any certificateholder or registrant: place on probation
696or reprimand the licensee, revoke, suspend, or deny the issuance
697or renewal of the certificate or, registration, or certificate
698of authority, require financial restitution to a consumer for
699financial harm directly related to a violation of a provision of
700this part, impose an administrative fine not to exceed $10,000
701per violation, require continuing education, or assess costs
702associated with investigation and prosecution, if the
703contractor, financially responsible officer, or business
704organization for which the contractor is a primary qualifying
705agent, a financially responsible officer, or a secondary
706qualifying agent responsible under s. 489.1195 is found guilty
707of any of the following acts:
708     (a)  Obtaining a certificate or, registration, or
709certificate of authority by fraud or misrepresentation.
710     (b)  Being convicted or found guilty of, or entering a plea
711of nolo contendere to, regardless of adjudication, a crime in
712any jurisdiction which directly relates to the practice of
713contracting or the ability to practice contracting.
714     (c)  Violating any provision of chapter 455.
715     (d)  Performing any act which assists a person or entity in
716engaging in the prohibited uncertified and unregistered practice
717of contracting, if the certificateholder or registrant knows or
718has reasonable grounds to know that the person or entity was
719uncertified and unregistered.
720     (e)  Knowingly combining or conspiring with an uncertified
721or unregistered person by allowing his or her certificate or,
722registration, or certificate of authority to be used by the
723uncertified or unregistered person with intent to evade the
724provisions of this part. When a certificateholder or registrant
725allows his or her certificate or registration to be used by one
726or more business organizations without having any active
727participation in the operations, management, or control of such
728business organizations, such act constitutes prima facie
729evidence of an intent to evade the provisions of this part.
730     (f)  Acting in the capacity of a contractor under any
731certificate or registration issued hereunder except in the name
732of the certificateholder or registrant as set forth on the
733issued certificate or registration, or in accordance with the
734personnel of the certificateholder or registrant as set forth in
735the application for the certificate or registration, or as later
736changed as provided in this part.
737     (g)  Committing mismanagement or misconduct in the practice
738of contracting that causes financial harm to a customer.
739Financial mismanagement or misconduct occurs when:
740     1.  Valid liens have been recorded against the property of
741a contractor's customer for supplies or services ordered by the
742contractor for the customer's job; the contractor has received
743funds from the customer to pay for the supplies or services; and
744the contractor has not had the liens removed from the property,
745by payment or by bond, within 75 days after the date of such
746liens;
747     2.  The contractor has abandoned a customer's job and the
748percentage of completion is less than the percentage of the
749total contract price paid to the contractor as of the time of
750abandonment, unless the contractor is entitled to retain such
751funds under the terms of the contract or refunds the excess
752funds within 30 days after the date the job is abandoned; or
753     3.  The contractor's job has been completed, and it is
754shown that the customer has had to pay more for the contracted
755job than the original contract price, as adjusted for subsequent
756change orders, unless such increase in cost was the result of
757circumstances beyond the control of the contractor, was the
758result of circumstances caused by the customer, or was otherwise
759permitted by the terms of the contract between the contractor
760and the customer.
761     (h)  Being disciplined by any municipality or county for an
762act or violation of this part.
763     (i)  Failing in any material respect to comply with the
764provisions of this part or violating a rule or lawful order of
765the board.
766     (j)  Abandoning a construction project in which the
767contractor is engaged or under contract as a contractor. A
768project may be presumed abandoned after 90 days if the
769contractor terminates the project without just cause or without
770proper notification to the owner, including the reason for
771termination, or fails to perform work without just cause for 90
772consecutive days.
773     (k)  Signing a statement with respect to a project or
774contract falsely indicating that the work is bonded; falsely
775indicating that payment has been made for all subcontracted
776work, labor, and materials which results in a financial loss to
777the owner, purchaser, or contractor; or falsely indicating that
778workers' compensation and public liability insurance are
779provided.
780     (l)  Committing fraud or deceit in the practice of
781contracting.
782     (m)  Committing incompetency or misconduct in the practice
783of contracting.
784     (n)  Committing gross negligence, repeated negligence, or
785negligence resulting in a significant danger to life or
786property.
787     (o)  Proceeding on any job without obtaining applicable
788local building department permits and inspections.
789     (p)  Intimidating, threatening, coercing, or otherwise
790discouraging the service of a notice to owner under part I of
791chapter 713 or a notice to contractor under chapter 255 or part
792I of chapter 713.
793     (q)  Failing to satisfy within a reasonable time, the terms
794of a civil judgment obtained against the licensee, or the
795business organization qualified by the licensee, relating to the
796practice of the licensee's profession.
797
798For the purposes of this subsection, construction is considered
799to be commenced when the contract is executed and the contractor
800has accepted funds from the customer or lender. A contractor
801does not commit a violation of this subsection when the
802contractor relies on a building code interpretation rendered by
803a building official or person authorized by s. 553.80 to enforce
804the building code, absent a finding of fraud or deceit in the
805practice of contracting, or gross negligence, repeated
806negligence, or negligence resulting in a significant danger to
807life or property on the part of the building official, in a
808proceeding under chapter 120.
809     (5)  The board may not reinstate the certification or,
810registration, or certificate of authority of, or cause a
811certificate or, registration, or certificate of authority to be
812issued to, a person who or business organization which the board
813has determined is unqualified or whose certificate or,
814registration, or certificate of authority the board has
815suspended until it is satisfied that such person or business
816organization has complied with all the terms and conditions set
817forth in the final order and is capable of competently engaging
818in the business of contracting.
819     (7)  The board shall not issue or renew a certificate or,
820registration, or certificate of authority to any person or
821business organization that has been assessed a fine, interest,
822or costs associated with investigation and prosecution, or has
823been ordered to pay restitution, until such fine, interest, or
824costs associated with investigation and prosecution or
825restitution are paid in full or until all terms and conditions
826of the final order have been satisfied.
827     Section 21.  Subsection (5) of section 489.132, Florida
828Statutes, is amended to read:
829     489.132  Prohibited acts by unlicensed principals;
830investigation; hearing; penalties.--
831     (5)  The department may suspend, revoke, or deny issuance
832or renewal of a certificate or, registration, or certificate of
833authority for any individual or business organization that
834associates a person as an officer, director, or partner, or in a
835managerial or supervisory capacity, after such person has been
836found under a final order to have violated this section or was
837an officer, director, partner, trustee, or manager of a business
838organization disciplined by the board by revocation, suspension,
839or fine in excess of $2,500, upon finding reasonable cause that
840such person knew or reasonably should have known of the conduct
841leading to the discipline.
842     Section 22.  Subsection (5) of section 489.513, Florida
843Statutes, is amended to read:
844     489.513  Registration; application; requirements.--
845     (5)  Registration permits the registrant to engage in
846contracting only in the area and for the type of work covered by
847the registration, unless local licenses are issued for other
848areas and types of work or unless certification is obtained.
849When a registrant desires to register in an additional area of
850the state, he or she shall first comply with any local
851requirements of that area and then file a request with the
852department, together with evidence of holding a current
853occupational license or license issued by the county or
854municipality for the area or areas in which he or she desires to
855be registered, whereupon his or her evidence of registration
856shall be endorsed by the department to reflect valid
857registration for the new area or areas.
858     Section 23.  Paragraph (b) of subsection (1) of section
859489.515, Florida Statutes, is amended to read:
860     489.515  Issuance of certificates; registrations.--
861     (1)
862     (b)  The board shall certify as qualified for certification
863any person who satisfies the requirements of s. 489.511 and who
864submits satisfactory evidence that he or she has obtained both
865workers' compensation insurance or an acceptable exemption
866certificate issued by the department and public liability and
867property damage insurance for the health, safety, and welfare of
868the public in amounts determined by rule of the board, and
869furnishes evidence of financial responsibility, credit, and
870business reputation of either himself or herself or the business
871organization he or she desires to qualify. The board may adopt
872rules authorizing an alternative means for an applicant to
873demonstrate financial responsibility by providing minimum credit
874scores or bonds payable as prescribed by rule for financially
875responsible officers under s. 489.1195.
876     Section 24.  Subsections (8) through (22) of section
877548.002, Florida Statutes, are renumbered as subsections (9)
878through (23), respectively, and a new subsection (8) is added to
879that section, to read:
880     548.002  Definitions.--As used in this chapter, the term:
881     (8)  "Event" means one or more matches comprising a show.
882     Section 25.  Paragraph (k) of subsection (2) of section
883548.003, Florida Statutes, is amended to read:
884     548.003  Florida State Boxing Commission.--
885     (2)  The Florida State Boxing Commission, as created by
886subsection (1), shall administer the provisions of this chapter.
887The commission has authority to adopt rules pursuant to ss.
888120.536(1) and 120.54 to implement the provisions of this
889chapter and to implement each of the duties and responsibilities
890conferred upon the commission, including, but not limited to:
891     (k)  Establishment of criteria for approval, disapproval,
892suspension of approval, and revocation of approval of amateur
893sanctioning organizations for amateur boxing, and kickboxing,
894and mixed martial arts matches held in this state, including,
895but not limited to, the health and safety standards the
896organizations use before, during, and after the matches to
897ensure the health, safety, and well-being of the amateurs
898participating in the matches, including the qualifications and
899numbers of health care personnel required to be present, the
900qualifications required for referees, and other requirements
901relating to the health, safety, and well-being of the amateurs
902participating in the matches. The commission may adopt by rule,
903or incorporate by reference into rule, the health and safety
904standards of USA Boxing as the minimum health and safety
905standards for an amateur boxing sanctioning organization, and
906the health and safety standards of the International Sport
907Kickboxing Association as the minimum health and safety
908standards for an amateur kickboxing sanctioning organization.
909The commission shall review its rules for necessary revision at
910least every 2 years and may adopt by rule, or incorporate by
911reference into rule, the then-existing current health and safety
912standards of USA Boxing and the International Sport Kickboxing
913Association. The commission may adopt emergency rules to
914administer this paragraph.
915     Section 26.  For the purpose of incorporating the amendment
916made by this act to subsection (1) of section 455.227, Florida
917Statutes, in a reference thereto, paragraph (a) of subsection
918(2) of section 468.436, Florida Statutes, is reenacted to read:
919     468.436  Disciplinary proceedings.--
920     (2)  The following acts constitute grounds for which the
921disciplinary actions in subsection (4) may be taken:
922     (a)  Violation of any provision of s. 455.227(1).
923     Section 27.  For the purpose of incorporating the amendment
924made by this act to subsection (1) of section 455.227, Florida
925Statutes, in a reference thereto, paragraph (a) of subsection
926(1) of section 468.832, Florida Statutes, is reenacted to read:
927     468.832  Disciplinary proceedings.--
928     (1)  The following acts constitute grounds for which the
929disciplinary actions in subsection (2) may be taken:
930     (a)  Violation of any provision of this part or s.
931455.227(1);
932     Section 28.  For the purpose of incorporating the amendment
933made by this act to subsection (1) of section 455.227, Florida
934Statutes, in a reference thereto, paragraph (a) of subsection
935(1) of section 468.842, Florida Statutes, is reenacted to read:
936     468.842  Disciplinary proceedings.--
937     (1)  The following acts constitute grounds for which the
938disciplinary actions in subsection (2) may be taken:
939     (a)  Violation of any provision of this part or s.
940455.227(1);
941     Section 29.  For the purpose of incorporating the amendment
942made by this act to subsection (1) of section 455.227, Florida
943Statutes, in a reference thereto, paragraph (a) of subsection
944(1) of section 471.033, Florida Statutes, is reenacted to read:
945     471.033  Disciplinary proceedings.--
946     (1)  The following acts constitute grounds for which the
947disciplinary actions in subsection (3) may be taken:
948     (a)  Violating any provision of s. 455.227(1), s. 471.025,
949or s. 471.031, or any other provision of this chapter or rule of
950the board or department.
951     Section 30.  For the purpose of incorporating the amendment
952made by this act to section (1) of section 455.227, Florida
953Statutes, in a reference thereto, paragraph (a) of subsection
954(1) of section 472.033, Florida Statutes, is reenacted to read:
955     472.033  Disciplinary proceedings.--
956     (1)  The following acts constitute grounds for which the
957disciplinary actions in subsection (2) may be taken:
958     (a)  Violation of any provision of s. 472.031 or s.
959455.227(1);
960     Section 31.  For the purpose of incorporating the amendment
961made by this act to subsection (1) of section 455.227, Florida
962Statutes, in a reference thereto, paragraph (a) of subsection
963(1) of section 473.323, Florida Statutes, is reenacted to read:
964     473.323  Disciplinary proceedings.--
965     (1)  The following acts constitute grounds for which the
966disciplinary actions in subsection (3) may be taken:
967     (a)  Violation of any provision of s. 455.227(1) or any
968other provision of this chapter.
969     Section 32.  For the purpose of incorporating the amendment
970made by this act to subsection (1) of section 455.227, Florida
971Statutes, in a reference thereto, paragraph (a) of subsection
972(1) of section 475.25, Florida Statutes, is reenacted to read:
973     475.25  Discipline.--
974     (1)  The commission may deny an application for licensure,
975registration, or permit, or renewal thereof; may place a
976licensee, registrant, or permittee on probation; may suspend a
977license, registration, or permit for a period not exceeding 10
978years; may revoke a license, registration, or permit; may impose
979an administrative fine not to exceed $5,000 for each count or
980separate offense; and may issue a reprimand, and any or all of
981the foregoing, if it finds that the licensee, registrant,
982permittee, or applicant:
983     (a)  Has violated any provision of s. 455.227(1) or s.
984475.42. However, licensees under this part are exempt from the
985provisions of s. 455.227(1)(i).
986     Section 33.  For the purpose of incorporating the amendment
987made by this act to subsection (1) of section 455.227, Florida
988Statutes, in a reference thereto, subsection (1) of section
989475.624, Florida Statutes, is reenacted to read:
990     475.624  Discipline.--The board may deny an application for
991registration or certification; may investigate the actions of
992any appraiser registered, licensed, or certified under this
993part; may reprimand or impose an administrative fine not to
994exceed $5,000 for each count or separate offense against any
995such appraiser; and may revoke or suspend, for a period not to
996exceed 10 years, the registration, license, or certification of
997any such appraiser, or place any such appraiser on probation, if
998it finds that the registered trainee, licensee, or
999certificateholder:
1000     (1)  Has violated any provisions of this part or s.
1001455.227(1); however, certificateholders, registrants, and
1002licensees under this part are exempt from the provisions of s.
1003455.227(1)(i).
1004     Section 34.  For the purpose of incorporating the amendment
1005made by this act to subsection (1) of section 455.227, Florida
1006Statutes, in a reference thereto, paragraph (h) of subsection
1007(1) of section 476.204, Florida Statutes, is reenacted to read:
1008     476.204  Penalties.--
1009     (1)  It is unlawful for any person to:
1010     (h)  Violate any provision of s. 455.227(1), s. 476.194, or
1011s. 476.214.
1012     Section 35.  For the purpose of incorporating the amendment
1013made by this act to subsection (1) of section 455.227, Florida
1014Statutes, in a reference thereto, paragraph (h) of subsection
1015(1) of section 477.029, Florida Statutes, is reenacted to read:
1016     477.029  Penalty.--
1017     (1)  It is unlawful for any person to:
1018     (h)  Violate any provision of s. 455.227(1), s. 477.0265,
1019or s. 477.028.
1020     Section 36.  For the purpose of incorporating the amendment
1021made by this act to subsection (1) of section 455.227, Florida
1022Statutes, in a reference thereto, paragraph (a) of subsection
1023(1) of section 481.225, Florida Statutes, is reenacted to read:
1024     481.225  Disciplinary proceedings against registered
1025architects.--
1026     (1)  The following acts constitute grounds for which the
1027disciplinary actions in subsection (3) may be taken:
1028     (a)  Violating any provision of s. 455.227(1), s. 481.221,
1029or s. 481.223, or any rule of the board or department lawfully
1030adopted pursuant to this part or chapter 455.
1031     Section 37.  For the purpose of incorporating the amendment
1032made by this act to subsection (1) of section 455.227, Florida
1033Statutes, in a reference thereto, paragraph (a) of subsection
1034(1) of section 481.325, Florida Statutes, is reenacted to read:
1035     481.325  Disciplinary proceedings.--
1036     (1)  The following acts constitute grounds for which the
1037disciplinary actions in subsection (3) may be taken:
1038     (a)  Violation of any provision of s. 455.227(1), s.
1039481.321, or s. 481.323.
1040     Section 38.  Section 509.201, Florida Statutes, is
1041repealed.
1042     Section 39.  This act shall take effect October 1, 2009.


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