August 14, 2020
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CS/HB 425

1
A bill to be entitled
2An act relating to the Department of Business and
3Professional Regulation; amending s. 455.213, F.S.;
4deleting signature notarization from the information that
5the department may require in documents submitted for the
6issuance or renewal of a license; prescribing when an
7application is received for purposes of certain
8requirements of the Administrative Procedure Act; amending
9s. 455.227, F.S.; establishing additional grounds for
10discipline of professions subject to regulation;
11prohibiting the failure to report criminal convictions and
12pleas; prohibiting the failure to complete certain
13treatment programs; providing penalties; creating s.
14455.2274, F.S.; authorizing the department's
15representative to appear in criminal proceedings under
16certain circumstances and provide certain assistance to
17the court; amending s. 455.2281, F.S.; authorizing the
18department to set unlicensed activities special fees for
19each profession; authorizing the department to adopt rules
20that reduce or waive the fees under certain circumstances;
21amending s. 473.305, F.S.; deleting an examination late
22filing fee applicable to certified public accountant
23examinees; amending s. 473.311, F.S.; deleting a provision
24requiring passage of a rules examination for renewal of
25license as a certified public accountant; amending s.
26473.313, F.S.; deleting a provision requiring passage of
27an examination as a condition for reactivation of an
28inactive license as a certified public accountant;
29amending s. 475.175, F.S.; deleting the option to submit a
30notarized application for a real estate broker or sales
31associate license; amending s. 475.451, F.S.; limiting the
32attorney exemption from continuing education requirements
33to attorneys in good standing with The Florida Bar;
34amending s. 475.615, F.S.; deleting a requirement that an
35application for a real estate appraiser certification be
36notarized; amending ss. 476.134 and 476.144, F.S.;
37requiring a written examination for a barbering license;
38deleting provisions for a practical examination for
39barbering license applicants; amending s. 489.109, F.S.;
40limiting fees for registration or certification to qualify
41a business organization for contracting; deleting
42provisions relating to a business organization's
43certificate of authority to conform to changes made by the
44act; amending s. 489.114, F.S.; deleting provisions
45relating to a business organization's certificate of
46authority to conform to changes made by the act; amending
47s. 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. 509.233, F.S.;
67authorizing local governments to establish, by ordinance,
68local exemption procedures to allow patrons' dogs within
69certain designated outdoor portions of public food service
70establishments; deleting provisions for a pilot program
71that limits the authority for such local exemption
72procedures to a specified time; deleting a provision that
73provides for the future review and repeal of such pilot
74program; amending s. 548.002, F.S.; defining the term
75"event" for regulation of pugilistic exhibitions; amending
76s. 548.003, F.S.; authorizing the Florida State Boxing
77Commission to adopt criteria for the approval of certain
78amateur sanctioning organizations; authorizing the
79commission to adopt health and safety standards for
80amateur mixed martial arts; reenacting ss. 468.436(2)(a),
81468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
82472.033(1)(a), 473.323(1)(a), 475.25(1)(a), 475.624(1),
83476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
84481.325(1)(a), F.S., relating to the discipline of
85community association managers or firms, home inspectors,
86mold assessors and remediators, engineers, surveyors and
87mappers, certified public accountants and accounting
88firms, real estate brokers and sales associates, real
89estate appraisers, barbers, cosmetologists, architects,
90and landscape architects, to incorporate the amendment
91made to s. 455.227, F.S., in references thereto; repealing
92s. 509.201, F.S., relating to posting and advertising the
93room rates of a public lodging establishment and related
94penalties; providing an effective date.
95
96Be It Enacted by the Legislature of the State of Florida:
97
98     Section 1.  Subsection (1) of section 455.213, Florida
99Statutes, is amended to read:
100     455.213  General licensing provisions.--
101     (1)  Any person desiring to be licensed shall apply to the
102department in writing. The application for licensure shall be
103submitted made on a form prescribed prepared and furnished by
104the department and must include the applicant's social security
105number. Notwithstanding any other provision of law, the
106department is the sole authority for determining the contents of
107any documents to be submitted for initial licensure and
108licensure renewal. Such documents may contain information
109including, as appropriate: demographics, education, work
110history, personal background, criminal history, finances,
111business information, complaints, inspections, investigations,
112discipline, bonding, signature notarization, photographs,
113performance periods, reciprocity, local government approvals,
114supporting documentation, periodic reporting requirements,
115fingerprint requirements, continuing education requirements, and
116ongoing education monitoring. The application shall be
117supplemented as needed to reflect any material change in any
118circumstance or condition stated in the application which takes
119place between the initial filing of the application and the
120final grant or denial of the license and which might affect the
121decision of the department. In order to further the economic
122development goals of the state, and notwithstanding any law to
123the contrary, the department may enter into an agreement with
124the county tax collector for the purpose of appointing the
125county tax collector as the department's agent to accept
126applications for licenses and applications for renewals of
127licenses. The agreement must specify the time within which the
128tax collector must forward any applications and accompanying
129application fees to the department. In cases where a person
130applies or schedules directly with a national examination
131organization or examination vendor to take an examination
132required for licensure, any organization- or vendor-related fees
133associated with the examination may be paid directly to the
134organization or vendor. An application is received for purposes
135of s. 120.60 upon the department's receipt of the application
136submitted in the format prescribed by the department; the
137application fee set by the board or, if there is no board, set
138by the department; and any other fee required by law or rule to
139be remitted with the application.
140     Section 2.  Paragraphs (t) and (u) are added to subsection
141(1) of section 455.227, Florida Statutes, to read:
142     455.227  Grounds for discipline; penalties; enforcement.--
143     (1)  The following acts shall constitute grounds for which
144the disciplinary actions specified in subsection (2) may be
145taken:
146     (t)  Failing to report in writing to the board or, if there
147is no board, to the department within 30 days after the licensee
148is convicted or found guilty of, or entered a plea of nolo
149contendere or guilty to, regardless of adjudication, a crime in
150any jurisdiction. A licensee must report a conviction, finding
151of guilt, plea, or adjudication entered before the effective
152date of this paragraph within 30 days after the effective date
153of this paragraph.
154     (u)  Termination from a treatment program for impaired
155practitioners as described in s. 456.076 for failure to comply,
156without good cause, with the terms of the monitoring or
157treatment contract entered into by the licensee or failing to
158successfully complete a drug or alcohol treatment program.
159     Section 3.  Section 455.2274, Florida Statutes, is created
160to read:
161     455.2274  Criminal proceedings against licensees;
162appearances by department representatives.--A representative of
163the department may voluntarily appear in a criminal proceeding
164brought against a person licensed by the department to practice
165a profession regulated by the state. The department's
166representative is authorized to furnish pertinent information,
167make recommendations regarding specific conditions of probation,
168and provide other assistance to the court necessary to promote
169justice or protect the public. The court may order a
170representative of the department to appear in a criminal
171proceeding if the crime charged is substantially related to the
172qualifications, functions, or duties of a license regulated by
173the department.
174     Section 4.  Section 455.2281, Florida Statutes, is amended
175to read:
176     455.2281  Unlicensed activities; fees; disposition.--In
177order to protect the public and to ensure a consumer-oriented
178department, it is the intent of the Legislature that vigorous
179enforcement of regulation for all professional activities is a
180state priority. All enforcement costs should be covered by
181professions regulated by the department. Therefore, the
182department may shall impose, upon initial licensure and each
183renewal thereof, a special fee not to exceed of $5 per licensee.
184The Such fee shall be set by the department by rule for each
185profession and shall be in addition to all other fees collected
186from each licensee and shall fund efforts to combat unlicensed
187activity. Any profession regulated by the department which
188offers services that are not subject to regulation when provided
189by an unlicensed person may use funds in its unlicensed activity
190account to inform the public of such situation. The board with
191concurrence of the department, or the department when there is
192no board, may earmark up to $5 of the current licensure fee for
193this purpose, if such board, or profession regulated by the
194department, is not in a deficit and has a reasonable cash
195balance. The department may adopt rules to waive an unlicensed
196activity special fee for up to 2 years if both the operating
197account and the unlicensed activity account have an excess cash
198balance. A board or profession regulated by the department may
199authorize the transfer of funds from the operating fund account
200to the unlicensed activity account of that profession if the
201operating fund account is not in a deficit and has a reasonable
202cash balance. The department shall make direct charges to this
203fund by profession and shall not allocate indirect overhead. The
204department shall seek board advice regarding enforcement methods
205and strategies prior to expenditure of funds; however, the
206department may, without board advice, allocate funds to cover
207the costs of continuing education compliance monitoring under s.
208455.2177. The department shall directly credit, by profession,
209revenues received from the department's efforts to enforce
210licensure provisions. The department shall include all financial
211and statistical data resulting from unlicensed activity
212enforcement and from continuing education compliance monitoring
213as separate categories in the quarterly management report
214provided for in s. 455.219. The department shall not charge the
215account of any profession for the costs incurred on behalf of
216any other profession. For an unlicensed activity account, a
217balance which remains at the end of a renewal cycle may, with
218concurrence of the applicable board and the department, be
219transferred to the operating fund account of that profession.
220     Section 5.  Section 473.305, Florida Statutes, is amended
221to read:
222     473.305  Fees.--The board, by rule, may establish fees to
223be paid for applications, examination, reexamination, licensing
224and renewal, reinstatement, and recordmaking and recordkeeping.
225The fee for the examination shall be established at an amount
226that covers the costs for the procurement or development,
227administration, grading, and review of the examination. The fee
228for the examination is refundable if the applicant is found to
229be ineligible to sit for the examination. The fee for initial
230application is nonrefundable, and the combined fees for
231application and examination may not exceed $250 plus the actual
232per applicant cost to the department for purchase of the
233examination from the American Institute of Certified Public
234Accountants or a similar national organization. The biennial
235renewal fee may not exceed $250. The board may also establish,
236by rule, a reactivation fee, a late filing fee for the law and
237rules examination, and a delinquency fee not to exceed $50 for
238continuing professional education reporting forms. The board
239shall establish fees which are adequate to ensure the continued
240operation of the board and to fund the proportionate expenses
241incurred by the department which are allocated to the regulation
242of public accountants. Fees shall be based on department
243estimates of the revenue required to implement this chapter and
244the provisions of law with respect to the regulation of
245certified public accountants.
246     Section 6.  Subsection (1) of section 473.311, Florida
247Statutes, is amended to read:
248     473.311  Renewal of license.--
249     (1)  The department shall renew a license upon receipt of
250the renewal application and fee and upon certification by the
251board that the licensee has satisfactorily completed the
252continuing education requirements of s. 473.312 and has passed
253an examination approved by the board on chapter 455 and this
254chapter and the related administrative rules. However, each
255licensee must complete the requirements of s. 473.312(1)(c)
256prior to taking the examination.
257     Section 7.  Subsection (3) of section 473.313, Florida
258Statutes, is amended to read:
259     473.313  Inactive status.--
260     (3)  Any licensee holding an inactive license may be
261permitted to reactivate such license in a conditional manner.
262The conditions of reactivation shall require, in addition to the
263payment of fees, the passing of the examination approved by the
264board concerning chapter 455 and this chapter, and the related
265administrative rules, and the completion of required continuing
266education.
267     Section 8.  Paragraph (a) of subsection (1) of section
268475.175, Florida Statutes, is amended to read:
269     475.175  Examinations.--
270     (1)  A person shall be entitled to take the license
271examination to practice in this state if the person:
272     (a)  Submits to the department the appropriate notarized or
273electronically authenticated application and fee, and a
274fingerprint card. The fingerprint card shall be forwarded to the
275Division of Criminal Justice Information Systems within the
276Department of Law Enforcement for purposes of processing the
277fingerprint card to determine if the applicant has a criminal
278history record. The fingerprint card shall also be forwarded to
279the Federal Bureau of Investigation for purposes of processing
280the fingerprint card to determine if the applicant has a
281criminal history record. The information obtained by the
282processing of the fingerprint card by the Florida Department of
283Law Enforcement and the Federal Bureau of Investigation shall be
284sent to the department for the purpose of determining if the
285applicant is statutorily qualified for examination. Effective
286July 1, 2006, an applicant shall provide fingerprints in
287electronic format.
288     Section 9.  Subsection (6) of section 475.451, Florida
289Statutes, is amended to read:
290     475.451  Schools teaching real estate practice.--
291     (6)  Any course prescribed by the commission as a condition
292precedent to any person's becoming initially licensed as a sales
293associate may be taught in any real estate school through the
294use of a video tape of instruction by a currently permitted
295instructor from any such school or may be taught by distance
296learning pursuant to s. 475.17(2). The commission may require
297that any such video tape course have a single session of live
298instruction by a currently permitted instructor from any such
299school; however, this requirement shall not exceed 3 classroom
300hours. All other prescribed courses, except the continuing
301education course required by s. 475.182, shall be taught by a
302currently permitted school instructor personally in attendance
303at such course or by distance learning pursuant to s. 475.17.
304The continuing education course required by s. 475.182 may be
305taught by distance learning pursuant to s. 475.17 or by an
306equivalent correspondence course; however, any such
307correspondence course shall be required to have a final
308examination, prepared and administered by the school issuing the
309correspondence course. The continuing education requirements
310provided in this section or provided in any other section in
311this chapter do not apply with respect to an any attorney who is
312otherwise qualified under the provisions of this chapter and who
313is certified as a member in good standing by The Florida Bar.
314     Section 10.  Subsection (5) of section 475.615, Florida
315Statutes, is amended to read:
316     475.615  Qualifications for registration or
317certification.--
318     (5)  At the time of filing an a notarized application for
319registration or certification, the applicant must sign a pledge
320to comply with the Uniform Standards of Professional Appraisal
321Practice upon registration or certification and must indicate in
322writing that she or he understands the types of misconduct for
323which disciplinary proceedings may be initiated. The application
324shall expire 1 year after the date received.
325     Section 11.  Subsection (1) of section 476.134, Florida
326Statutes, is amended to read:
327     476.134  Examinations.--
328     (1)  Examinations of applicants for licenses as barbers
329shall be offered not less than four times each year. The
330examination of applicants for licenses as barbers shall may
331include both a practical demonstration and a written test. The
332board shall have the authority to adopt rules with respect to
333the examination of applicants for licensure. The board may
334provide rules with respect to written or practical examinations
335in such manner as the board may deem fit.
336     Section 12.  Paragraph (b) of subsection (6) of section
337476.144, Florida Statutes, is amended to read:
338     476.144  Licensure.--
339     (6)  A person may apply for a restricted license to
340practice barbering. The board shall adopt rules specifying
341procedures for an applicant to obtain a restricted license if
342the applicant:
343     (b)  Passes a written examination on the laws and rules
344governing the practice of barbering in Florida, as established
345by the board, and a practical examination approved by the board.
346
347The restricted license shall limit the licensee's practice to
348those specific areas in which the applicant has demonstrated
349competence pursuant to rules adopted by the board.
350     Section 13.  Paragraph (c) of subsection (1) of section
351489.109, Florida Statutes, is redesignated as paragraph (d),
352present paragraph (d) is amended, and a new paragraph (c) is
353added to that subsection, to read:
354     489.109  Fees.--
355     (1)  The board, by rule, shall establish reasonable fees to
356be paid for applications, certification and renewal,
357registration and renewal, and recordmaking and recordkeeping.
358The fees shall be established as follows:
359     (c)  With respect to an application for registration or
360certification to qualify a business organization, the initial
361application fee and the renewal fee may not exceed $50.
362     (d)  The board, by rule, may establish a fee for transfer
363of a certificate of authority from one business organization to
364another, not to exceed the applicable renewal fee.
365     Section 14.  Section 489.114, Florida Statutes, is amended
366to read:
367     489.114  Evidence of workers' compensation
368coverage.--Except as provided in s. 489.115(5)(d), any person,
369business organization, or qualifying agent engaged in the
370business of contracting in this state and certified or
371registered under this part shall, as a condition precedent to
372the issuance or renewal of a certificate or, registration, or
373certificate of authority of the contractor, provide to the
374Construction Industry Licensing Board, as provided by board
375rule, evidence of workers' compensation coverage pursuant to
376chapter 440. In the event that the Division of Workers'
377Compensation of the Department of Financial Services receives
378notice of the cancellation of a policy of workers' compensation
379insurance insuring a person or entity governed by this section,
380the Division of Workers' Compensation shall certify and identify
381all persons or entities by certification or registration license
382number to the department after verification is made by the
383Division of Workers' Compensation that persons or entities
384governed by this section are no longer covered by workers'
385compensation insurance. Such certification and verification by
386the Division of Workers' Compensation may result from records
387furnished to the Division of Workers' Compensation by the
388persons or entities governed by this section or an investigation
389completed by the Division of Workers' Compensation. The
390department shall notify the persons or entities governed by this
391section who have been determined to be in noncompliance with
392chapter 440, and the persons or entities notified shall provide
393certification of compliance with chapter 440 to the department
394and pay an administrative fine in the amount of $500. The
395failure to maintain workers' compensation coverage as required
396by law shall be grounds for the board to revoke, suspend, or
397deny the issuance or renewal of a certificate or, registration,
398or certificate of authority of the contractor under the
399provisions of s. 489.129.
400     Section 15.  Paragraph (a) of subsection (1) of section
401489.117, Florida Statutes, is amended to read:
402     489.117  Registration; specialty contractors.--
403     (1)(a)  Any person engaged in the business of a contractor
404in the state shall be registered in the proper classification,
405unless he or she is certified. Any person entering the business
406of a contractor shall be registered before prior to engaging in
407business as a contractor, unless he or she is certified. To be
408initially registered, the applicant shall submit the required
409fee and file evidence, in a form provided by the department, of
410holding a current local occupational license required by any
411municipality, county, or development district, if any, for the
412type of work for which registration is desired and evidence of
413successful compliance with the local examination and licensing
414requirements, if any, in the area for which registration is
415desired. An No examination is not shall be required for
416registration.
417     Section 16.  Section 489.119, Florida Statutes, is amended
418to read:
419     489.119  Business organizations; qualifying agents.--
420     (1)  If an individual proposes to engage in contracting in
421the individual's own name, or a fictitious name where the
422individual is doing business as a sole proprietorship,
423registration or certification may be issued only to that
424individual.
425     (2)  If the applicant proposes to engage in contracting as
426a business organization, including any partnership, corporation,
427business trust, or other legal entity, or in any name other than
428the applicant's legal name or a fictitious name where the
429applicant is doing business as a sole proprietorship, the
430applicant business organization must apply for registration or
431certification as the for a certificate of authority through a
432qualifying agent of the business organization and under the
433fictitious name, if any.
434     (a)  An The application for registration or certification
435to qualify a business organization a certificate of authority
436must state the name of the partnership and of its partners; the
437name of the corporation and of its officers and directors and
438the name of each of its stockholders who is also an officer or
439director; the name of the business trust and its trustees; or
440the name of such other legal entity and its members; and must
441state the fictitious name, if any, under which the business
442organization is doing business.
443     (b)1.  An The application for registration or certification
444to qualify a business organization primary qualifying agent must
445include an affidavit on a form provided by the board attesting
446that the applicant has final approval authority for all
447construction work performed by the business organization entity
448and that the applicant has final approval authority on all
449business matters, including contracts, specifications, checks,
450drafts, or payments, regardless of the form of payment, made by
451the business organization entity, except where a financially
452responsible officer is approved.
453     2.  The application for financially responsible officer
454must include an affidavit on a form provided by the board
455attesting that the applicant's approval is required for all
456checks, drafts, or payments, regardless of the form of payment,
457made by the business organization entity and that the applicant
458has authority to act for the business organization in all
459financial matters.
460     3.  The application for secondary qualifying agent must
461include an affidavit on a form provided by the board attesting
462that the applicant has authority to supervise all construction
463work performed by the business organization entity as provided
464in s. 489.1195(2).
465     (c)  The board may deny an application for registration or
466certification to qualify a business organization if the
467applicant, or any person listed in paragraph (a), has been
468involved in past disciplinary actions or on any grounds for
469which an individual registration or certification may be denied.
470     (d)(b)  The applicant must furnish evidence of statutory
471compliance if a fictitious name is used, the provisions of s.
472865.09(7) notwithstanding.
473     (e)(c)  A joint venture, including a joint venture composed
474of qualified business organizations, is itself a separate and
475distinct organization that must be qualified and obtain a
476certificate of authority in accordance with board rules.
477     (d)  A certificate of authority must be renewed every 2
478years. If there is a change in any information that is required
479to be stated on the application, the business organization
480shall, within 45 days after such change occurs, mail the correct
481information to the department.
482     (3)(a)  A The qualifying agent must shall be certified or
483registered under this part in order for the business
484organization to operate be issued a certificate of authority in
485the category of contracting in the business conducted for which
486the qualifying agent is certified or registered. If any
487qualifying agent ceases to be affiliated with a such business
488organization, he or she shall so inform the department. In
489addition, if the such qualifying agent is the only certified or
490registered contractor affiliated with the business organization,
491the business organization shall notify the department of the
492termination of the qualifying agent and shall have 60 days from
493the termination of the qualifying agent's affiliation with the
494business organization in which to employ another qualifying
495agent. The business organization may not engage in contracting
496until a qualifying agent is employed, unless the executive
497director or chair of the board has granted a temporary
498nonrenewable certificate or registration to the financially
499responsible officer, the president, a partner, or, in the case
500of a limited partnership, the general partner, who assumes all
501responsibilities of a primary qualifying agent for the business
502organization entity. This temporary certificate or registration
503shall only allow the business organization entity to proceed
504with incomplete contracts. For the purposes of this paragraph,
505an incomplete contract is one which has been awarded to, or
506entered into by, the business organization prior to the
507cessation of affiliation of the qualifying agent with the
508business organization or one on which the business organization
509was the low bidder and the contract is subsequently awarded,
510regardless of whether any actual work has commenced under the
511contract prior to the qualifying agent ceasing to be affiliated
512with the business organization.
513     (b)  The qualifying agent shall inform the department in
514writing when he or she proposes to engage in contracting in his
515or her own name or in affiliation with another business
516organization, and he or she or such new business organization
517shall supply the same information to the department as required
518of applicants under this part.
519     (c)  Upon a favorable determination by the board, after
520investigation of the financial responsibility, credit, and
521business reputation of the qualifying agent and the new business
522organization, the department shall issue, without an
523examination, a new certificate of authority in the business
524organization's name.
525     (4)  Disciplinary action against a business organization
526holding a certificate of authority shall be administered in the
527same manner and on the same grounds as disciplinary action
528against a contractor. The board may deny the certification of
529any person cited in subsection (2) if the person has been
530involved in past disciplinary actions or on any grounds for
531which individual certification can be denied.
532     (4)(5)  When a certified qualifying agent, on behalf of a
533business organization, makes application for an occupational
534license in any municipality or county of this state, the
535application shall be made with the tax collector in the name of
536the business organization and the qualifying agent; and the
537license, when issued, shall be issued to the business
538organization, upon payment of the appropriate licensing fee and
539exhibition to the tax collector of a valid certificate for the
540qualifying agent and a valid certificate of authority for the
541business organization issued by the department, and the state
542license numbers shall be noted thereon.
543     (5)(6)(a)  Each registered or certified contractor shall
544affix the number of his or her registration or certification to
545each application for a building permit and on each building
546permit issued and recorded. Each city or county building
547department shall require, as a precondition for the issuance of
548the building permit, that the contractor taking out the permit
549must provide verification giving his or her Construction
550Industry Licensing Board registration or certification number.
551     (b)  The registration or certification number of each
552contractor or certificate of authority number for each business
553organization shall appear in each offer of services, business
554proposal, bid, contract, or advertisement, regardless of medium,
555as defined by board rule, used by that contractor or business
556organization in the practice of contracting.
557     (c)  If a vehicle bears the name of a contractor or
558business organization, or any text or artwork which would lead a
559reasonable person to believe that the vehicle is used for
560contracting, the registration or certification number of the
561contractor or certificate of authority number of the business
562organization must be conspicuously and legibly displayed with
563the name, text, or artwork. Local governments may also require
564that locally licensed contractors must also display their
565certificate of competency or license numbers. Nothing in this
566paragraph shall be construed to create a mandatory vehicle
567signage requirement.
568     (d)  For the purposes of this part, the term
569"advertisement" does not include business stationery or any
570promotional novelties such as balloons, pencils, trinkets, or
571articles of clothing.
572     (e)  The board shall issue a notice of noncompliance for
573the first offense, and may assess a fine or issue a citation for
574failure to correct the offense within 30 days or for any
575subsequent offense, to any contractor or business organization
576that fails to include the certification or, registration, or
577certificate of authority number as required by this part when
578submitting an advertisement for publication, broadcast, or
579printing or fails to display the certification or, registration,
580or certificate of authority number as required by this part.
581     (6)(7)  Each qualifying agent shall pay the department an
582amount equal to the original fee for registration or
583certification to qualify a certificate of authority of a new
584business organization. If the qualifying agent for a business
585organization desires to qualify additional business
586organizations, the board shall require the qualifying agent him
587or her to present evidence of his or her ability to supervise
588the construction activities and financial responsibility of each
589such organization. Approval of each business organization The
590issuance of such certificate of authority is discretionary with
591the board.
592     (7)(8)(a)  A business organization proposing to engage in
593contracting is not required to apply for or obtain authorization
594under this part to engage in contracting if:
595     1.  The business organization employs one or more
596registered or certified contractors licensed in accordance with
597this part who are responsible for obtaining permits and
598supervising all of the business organization's contracting
599activities;
600     2.  The business organization engages only in contracting
601on property owned by the business organization or by its parent,
602subsidiary, or affiliated entities; and
603     3.  The business organization, or its parent entity if the
604business organization is a wholly owned subsidiary, maintains a
605minimum net worth of $20 million.
606     (b)  Any business organization engaging in contracting
607under this subsection shall provide the board with the name and
608license number of each registered or certified contractor
609employed by the business organization to supervise its
610contracting activities. The business organization is not
611required to post a bond or otherwise evidence any financial or
612credit information except as necessary to demonstrate compliance
613with paragraph (a).
614     (c)  A registered or certified contractor employed by a
615business organization to supervise its contracting activities
616under this subsection shall not be required to post a bond or
617otherwise evidence any personal financial or credit information
618so long as the individual performs contracting activities
619exclusively on behalf of a business organization meeting all of
620the requirements of paragraph (a).
621     Section 17.  Subsection (1) of section 489.127, Florida
622Statutes, is amended to read:
623     489.127  Prohibitions; penalties.--
624     (1)  No person shall:
625     (a)  Falsely hold himself or herself or a business
626organization out as a licensee, certificateholder, or
627registrant;
628     (b)  Falsely impersonate a certificateholder or registrant;
629     (c)  Present as his or her own the certificate or,
630registration, or certificate of authority of another;
631     (d)  Knowingly give false or forged evidence to the board
632or a member thereof;
633     (e)  Use or attempt to use a certificate or, registration
634that, or certificate of authority which has been suspended or
635revoked;
636     (f)  Engage in the business or act in the capacity of a
637contractor or advertise himself or herself or a business
638organization as available to engage in the business or act in
639the capacity of a contractor without being duly registered or
640certified or having a certificate of authority;
641     (g)  Operate a business organization engaged in contracting
642after 60 days following the termination of its only qualifying
643agent without designating another primary qualifying agent,
644except as provided in ss. 489.119 and 489.1195;
645     (h)  Commence or perform work for which a building permit
646is required pursuant to part IV of chapter 553 without such
647building permit being in effect; or
648     (i)  Willfully or deliberately disregard or violate any
649municipal or county ordinance relating to uncertified or
650unregistered contractors.
651
652For purposes of this subsection, a person or business
653organization operating on an inactive or suspended certificate
654or, registration, or certificate of authority is not duly
655certified or registered and is considered unlicensed. A business
656tax receipt issued under the authority of chapter 205 is not a
657license for purposes of this part.
658     Section 18.  Paragraph (b) of subsection (1) of section
659489.128, Florida Statutes, is amended to read:
660     489.128  Contracts entered into by unlicensed contractors
661unenforceable.--
662     (1)  As a matter of public policy, contracts entered into
663on or after October 1, 1990, by an unlicensed contractor shall
664be unenforceable in law or in equity by the unlicensed
665contractor.
666     (b)  For purposes of this section, an individual or
667business organization may not be considered unlicensed for
668failing to have a business tax receipt issued under the
669authority of chapter 205. A business organization may not be
670considered unlicensed for failing to have a certificate of
671authority as required by ss. 489.119 and 489.127. For purposes
672of this section, a business organization entering into the
673contract may not be considered unlicensed if, before the date
674established by paragraph (c), an individual possessing a license
675required by this part concerning the scope of the work to be
676performed under the contract has submitted an application for a
677certificate of authority designating that individual as a
678qualifying agent for the business organization entering into the
679contract, and the application was not acted upon by the
680department or applicable board within the time limitations
681imposed by s. 120.60.
682     Section 19.  Subsections (1), (5), and (7) of section
683489.129, Florida Statutes, are amended to read:
684     489.129  Disciplinary proceedings.--
685     (1)  The board may take any of the following actions
686against any certificateholder or registrant: place on probation
687or reprimand the licensee, revoke, suspend, or deny the issuance
688or renewal of the certificate or, registration, or certificate
689of authority, require financial restitution to a consumer for
690financial harm directly related to a violation of a provision of
691this part, impose an administrative fine not to exceed $10,000
692per violation, require continuing education, or assess costs
693associated with investigation and prosecution, if the
694contractor, financially responsible officer, or business
695organization for which the contractor is a primary qualifying
696agent, a financially responsible officer, or a secondary
697qualifying agent responsible under s. 489.1195 is found guilty
698of any of the following acts:
699     (a)  Obtaining a certificate or, registration, or
700certificate of authority by fraud or misrepresentation.
701     (b)  Being convicted or found guilty of, or entering a plea
702of nolo contendere to, regardless of adjudication, a crime in
703any jurisdiction which directly relates to the practice of
704contracting or the ability to practice contracting.
705     (c)  Violating any provision of chapter 455.
706     (d)  Performing any act which assists a person or entity in
707engaging in the prohibited uncertified and unregistered practice
708of contracting, if the certificateholder or registrant knows or
709has reasonable grounds to know that the person or entity was
710uncertified and unregistered.
711     (e)  Knowingly combining or conspiring with an uncertified
712or unregistered person by allowing his or her certificate or,
713registration, or certificate of authority to be used by the
714uncertified or unregistered person with intent to evade the
715provisions of this part. When a certificateholder or registrant
716allows his or her certificate or registration to be used by one
717or more business organizations without having any active
718participation in the operations, management, or control of such
719business organizations, such act constitutes prima facie
720evidence of an intent to evade the provisions of this part.
721     (f)  Acting in the capacity of a contractor under any
722certificate or registration issued hereunder except in the name
723of the certificateholder or registrant as set forth on the
724issued certificate or registration, or in accordance with the
725personnel of the certificateholder or registrant as set forth in
726the application for the certificate or registration, or as later
727changed as provided in this part.
728     (g)  Committing mismanagement or misconduct in the practice
729of contracting that causes financial harm to a customer.
730Financial mismanagement or misconduct occurs when:
731     1.  Valid liens have been recorded against the property of
732a contractor's customer for supplies or services ordered by the
733contractor for the customer's job; the contractor has received
734funds from the customer to pay for the supplies or services; and
735the contractor has not had the liens removed from the property,
736by payment or by bond, within 75 days after the date of such
737liens;
738     2.  The contractor has abandoned a customer's job and the
739percentage of completion is less than the percentage of the
740total contract price paid to the contractor as of the time of
741abandonment, unless the contractor is entitled to retain such
742funds under the terms of the contract or refunds the excess
743funds within 30 days after the date the job is abandoned; or
744     3.  The contractor's job has been completed, and it is
745shown that the customer has had to pay more for the contracted
746job than the original contract price, as adjusted for subsequent
747change orders, unless such increase in cost was the result of
748circumstances beyond the control of the contractor, was the
749result of circumstances caused by the customer, or was otherwise
750permitted by the terms of the contract between the contractor
751and the customer.
752     (h)  Being disciplined by any municipality or county for an
753act or violation of this part.
754     (i)  Failing in any material respect to comply with the
755provisions of this part or violating a rule or lawful order of
756the board.
757     (j)  Abandoning a construction project in which the
758contractor is engaged or under contract as a contractor. A
759project may be presumed abandoned after 90 days if the
760contractor terminates the project without just cause or without
761proper notification to the owner, including the reason for
762termination, or fails to perform work without just cause for 90
763consecutive days.
764     (k)  Signing a statement with respect to a project or
765contract falsely indicating that the work is bonded; falsely
766indicating that payment has been made for all subcontracted
767work, labor, and materials which results in a financial loss to
768the owner, purchaser, or contractor; or falsely indicating that
769workers' compensation and public liability insurance are
770provided.
771     (l)  Committing fraud or deceit in the practice of
772contracting.
773     (m)  Committing incompetency or misconduct in the practice
774of contracting.
775     (n)  Committing gross negligence, repeated negligence, or
776negligence resulting in a significant danger to life or
777property.
778     (o)  Proceeding on any job without obtaining applicable
779local building department permits and inspections.
780     (p)  Intimidating, threatening, coercing, or otherwise
781discouraging the service of a notice to owner under part I of
782chapter 713 or a notice to contractor under chapter 255 or part
783I of chapter 713.
784     (q)  Failing to satisfy within a reasonable time, the terms
785of a civil judgment obtained against the licensee, or the
786business organization qualified by the licensee, relating to the
787practice of the licensee's profession.
788
789For the purposes of this subsection, construction is considered
790to be commenced when the contract is executed and the contractor
791has accepted funds from the customer or lender. A contractor
792does not commit a violation of this subsection when the
793contractor relies on a building code interpretation rendered by
794a building official or person authorized by s. 553.80 to enforce
795the building code, absent a finding of fraud or deceit in the
796practice of contracting, or gross negligence, repeated
797negligence, or negligence resulting in a significant danger to
798life or property on the part of the building official, in a
799proceeding under chapter 120.
800     (5)  The board may not reinstate the certification or,
801registration, or certificate of authority of, or cause a
802certificate or, registration, or certificate of authority to be
803issued to, a person who or business organization which the board
804has determined is unqualified or whose certificate or,
805registration, or certificate of authority the board has
806suspended until it is satisfied that such person or business
807organization has complied with all the terms and conditions set
808forth in the final order and is capable of competently engaging
809in the business of contracting.
810     (7)  The board shall not issue or renew a certificate or,
811registration, or certificate of authority to any person or
812business organization that has been assessed a fine, interest,
813or costs associated with investigation and prosecution, or has
814been ordered to pay restitution, until such fine, interest, or
815costs associated with investigation and prosecution or
816restitution are paid in full or until all terms and conditions
817of the final order have been satisfied.
818     Section 20.  Subsection (5) of section 489.132, Florida
819Statutes, is amended to read:
820     489.132  Prohibited acts by unlicensed principals;
821investigation; hearing; penalties.--
822     (5)  The department may suspend, revoke, or deny issuance
823or renewal of a certificate or, registration, or certificate of
824authority for any individual or business organization that
825associates a person as an officer, director, or partner, or in a
826managerial or supervisory capacity, after such person has been
827found under a final order to have violated this section or was
828an officer, director, partner, trustee, or manager of a business
829organization disciplined by the board by revocation, suspension,
830or fine in excess of $2,500, upon finding reasonable cause that
831such person knew or reasonably should have known of the conduct
832leading to the discipline.
833     Section 21.  Subsection (5) of section 489.513, Florida
834Statutes, is amended to read:
835     489.513  Registration; application; requirements.--
836     (5)  Registration permits the registrant to engage in
837contracting only in the area and for the type of work covered by
838the registration, unless local licenses are issued for other
839areas and types of work or unless certification is obtained.
840When a registrant desires to register in an additional area of
841the state, he or she shall first comply with any local
842requirements of that area and then file a request with the
843department, together with evidence of holding a current
844occupational license or license issued by the county or
845municipality for the area or areas in which he or she desires to
846be registered, whereupon his or her evidence of registration
847shall be endorsed by the department to reflect valid
848registration for the new area or areas.
849     Section 22.  Section 509.233, Florida Statutes, is amended
850to read:
851     509.233  Public food service establishment requirements;
852local exemption for dogs in designated outdoor portions; pilot
853program.--
854     (1)  INTENT.--It is the intent of the Legislature by this
855section to establish a 3-year pilot program for local
856governments to allow patrons' dogs within certain designated
857outdoor portions of public food service establishments.
858     (1)(2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
859509.032(7), the governing body of a local government may
860participating in the pilot program is authorized to establish,
861by ordinance, a local exemption procedure to certain provisions
862of the Food and Drug Administration Food Code, as currently
863adopted by the division, in order to allow patrons' dogs within
864certain designated outdoor portions of public food service
865establishments.
866     (2)(3)  LOCAL DISCRETION; CODIFICATION.--
867     (a)  The adoption of the local exemption procedure shall be
868at the sole discretion of the governing body of a participating
869local government. Nothing in this section shall be construed to
870require or compel a local governing body to adopt an ordinance
871pursuant to this section.
872     (b)  Any ordinance adopted pursuant to this section shall
873provide for codification within the land development code of a
874participating local government.
875     (3)(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
876     (a)  Any local exemption procedure adopted pursuant to this
877section shall only provide a variance to those portions of the
878currently adopted Food and Drug Administration Food Code in
879order to allow patrons' dogs within certain designated outdoor
880portions of public food service establishments.
881     (b)  In order to protect the health, safety, and general
882welfare of the public, the local exemption procedure shall
883require participating public food service establishments to
884apply for and receive a permit from the governing body of the
885local government before allowing patrons' dogs on their
886premises. The local government shall require from the applicant
887such information as the local government deems reasonably
888necessary to enforce the provisions of this section, but shall
889require, at a minimum, the following information:
890     1.  The name, location, and mailing address of the public
891food service establishment.
892     2.  The name, mailing address, and telephone contact
893information of the permit applicant.
894     3.  A diagram and description of the outdoor area to be
895designated as available to patrons' dogs, including dimensions
896of the designated area; a depiction of the number and placement
897of tables, chairs, and restaurant equipment, if any; the
898entryways and exits to the designated outdoor area; the
899boundaries of the designated area and of other areas of outdoor
900dining not available for patrons' dogs; any fences or other
901barriers; surrounding property lines and public rights-of-way,
902including sidewalks and common pathways; and such other
903information reasonably required by the permitting authority. The
904diagram or plan shall be accurate and to scale but need not be
905prepared by a licensed design professional.
906     4.  A description of the days of the week and hours of
907operation that patrons' dogs will be permitted in the designated
908outdoor area.
909     (c)  In order to protect the health, safety, and general
910welfare of the public, the local exemption ordinance shall
911include such regulations and limitations as deemed necessary by
912the participating local government and shall include, but not be
913limited to, the following requirements:
914     1.  All public food service establishment employees shall
915wash their hands promptly after touching, petting, or otherwise
916handling dogs. Employees shall be prohibited from touching,
917petting, or otherwise handling dogs while serving food or
918beverages or handling tableware or before entering other parts
919of the public food service establishment.
920     2.  Patrons in a designated outdoor area shall be advised
921that they should wash their hands before eating. Waterless hand
922sanitizer shall be provided at all tables in the designated
923outdoor area.
924     3.  Employees and patrons shall be instructed that they
925shall not allow dogs to come into contact with serving dishes,
926utensils, tableware, linens, paper products, or any other items
927involved in food service operations.
928     4.  Patrons shall keep their dogs on a leash at all times
929and shall keep their dogs under reasonable control.
930     5.  Dogs shall not be allowed on chairs, tables, or other
931furnishings.
932     6.  All table and chair surfaces shall be cleaned and
933sanitized with an approved product between seating of patrons.
934Spilled food and drink shall be removed from the floor or ground
935between seating of patrons.
936     7.  Accidents involving dog waste shall be cleaned
937immediately and the area sanitized with an approved product. A
938kit with the appropriate materials for this purpose shall be
939kept near the designated outdoor area.
940     8.  A sign or signs reminding employees of the applicable
941rules shall be posted on premises in a manner and place as
942determined by the local permitting authority.
943     9.  A sign or signs reminding patrons of the applicable
944rules shall be posted on premises in a manner and place as
945determined by the local permitting authority.
946     10.  A sign or signs shall be posted in a manner and place
947as determined by the local permitting authority that places the
948public on notice that the designated outdoor area is available
949for the use of patrons and patrons' dogs.
950     11.  Dogs shall not be permitted to travel through indoor
951or nondesignated outdoor portions of the public food service
952establishment, and ingress and egress to the designated outdoor
953portions of the public food service establishment must not
954require entrance into or passage through any indoor area of the
955food establishment.
956     (d)  A permit issued pursuant to this section shall not be
957transferred to a subsequent owner upon the sale of a public food
958service establishment but shall expire automatically upon the
959sale of the establishment. The subsequent owner shall be
960required to reapply for a permit pursuant to this section if the
961subsequent owner wishes to continue to accommodate patrons'
962dogs.
963     (4)(5)  POWERS; ENFORCEMENT.--Participating local
964governments shall have such powers as are reasonably necessary
965to regulate and enforce the provisions of this section.
966     (5)(6)  STATE AND LOCAL COOPERATION.--The division shall
967provide reasonable assistance to participating local governments
968in the development of enforcement procedures and regulations,
969and participating local governments shall monitor permitholders
970for compliance in cooperation with the division. At a minimum,
971participating local governments shall establish a procedure to
972accept, document, and respond to complaints and to timely report
973to the division all such complaints and the participating local
974governments' enforcement responses to such complaints. A
975participating local government shall provide the division with a
976copy of all approved applications and permits issued, and the
977participating local government shall require that all
978applications, permits, and other related materials contain the
979appropriate division-issued license number for each public food
980service establishment.
981     (7)  FUTURE REVIEW AND REPEAL.--This section shall expire
982July 1, 2009, unless reviewed and saved from repeal through
983reenactment by the Legislature.
984     Section 23.  Subsections (8) through (22) of section
985548.002, Florida Statutes, are renumbered as subsections (9)
986through (23), respectively, and a new subsection (8) is added to
987that section, to read:
988     548.002  Definitions.--As used in this chapter, the term:
989     (8)  "Event" means one or more matches comprising a show.
990     Section 24.  Paragraph (k) of subsection (2) of section
991548.003, Florida Statutes, is amended to read:
992     548.003  Florida State Boxing Commission.--
993     (2)  The Florida State Boxing Commission, as created by
994subsection (1), shall administer the provisions of this chapter.
995The commission has authority to adopt rules pursuant to ss.
996120.536(1) and 120.54 to implement the provisions of this
997chapter and to implement each of the duties and responsibilities
998conferred upon the commission, including, but not limited to:
999     (k)  Establishment of criteria for approval, disapproval,
1000suspension of approval, and revocation of approval of amateur
1001sanctioning organizations for amateur boxing, and kickboxing,
1002and mixed martial arts matches held in this state, including,
1003but not limited to, the health and safety standards the
1004organizations use before, during, and after the matches to
1005ensure the health, safety, and well-being of the amateurs
1006participating in the matches, including the qualifications and
1007numbers of health care personnel required to be present, the
1008qualifications required for referees, and other requirements
1009relating to the health, safety, and well-being of the amateurs
1010participating in the matches. The commission may adopt by rule,
1011or incorporate by reference into rule, the health and safety
1012standards of USA Boxing as the minimum health and safety
1013standards for an amateur boxing sanctioning organization, and
1014the health and safety standards of the International Sport
1015Kickboxing Association as the minimum health and safety
1016standards for an amateur kickboxing sanctioning organization,
1017and the minimum health and safety standards for an amateur mixed
1018martial arts sanctioning organization. The commission shall
1019review its rules for necessary revision at least every 2 years
1020and may adopt by rule, or incorporate by reference into rule,
1021the then-existing current health and safety standards of USA
1022Boxing and the International Sport Kickboxing Association. The
1023commission may adopt emergency rules to administer this
1024paragraph.
1025     Section 25.  For the purpose of incorporating the amendment
1026made by this act to subsection (1) of section 455.227, Florida
1027Statutes, in a reference thereto, paragraph (a) of subsection
1028(2) of section 468.436, Florida Statutes, is reenacted to read:
1029     468.436  Disciplinary proceedings.--
1030     (2)  The following acts constitute grounds for which the
1031disciplinary actions in subsection (4) may be taken:
1032     (a)  Violation of any provision of s. 455.227(1).
1033     Section 26.  For the purpose of incorporating the amendment
1034made by this act to subsection (1) of section 455.227, Florida
1035Statutes, in a reference thereto, paragraph (a) of subsection
1036(1) of section 468.832, Florida Statutes, is reenacted to read:
1037     468.832  Disciplinary proceedings.--
1038     (1)  The following acts constitute grounds for which the
1039disciplinary actions in subsection (2) may be taken:
1040     (a)  Violation of any provision of this part or s.
1041455.227(1);
1042     Section 27.  For the purpose of incorporating the amendment
1043made by this act to subsection (1) of section 455.227, Florida
1044Statutes, in a reference thereto, paragraph (a) of subsection
1045(1) of section 468.842, Florida Statutes, is reenacted to read:
1046     468.842  Disciplinary proceedings.--
1047     (1)  The following acts constitute grounds for which the
1048disciplinary actions in subsection (2) may be taken:
1049     (a)  Violation of any provision of this part or s.
1050455.227(1);
1051     Section 28.  For the purpose of incorporating the amendment
1052made by this act to subsection (1) of section 455.227, Florida
1053Statutes, in a reference thereto, paragraph (a) of subsection
1054(1) of section 471.033, Florida Statutes, is reenacted to read:
1055     471.033  Disciplinary proceedings.--
1056     (1)  The following acts constitute grounds for which the
1057disciplinary actions in subsection (3) may be taken:
1058     (a)  Violating any provision of s. 455.227(1), s. 471.025,
1059or s. 471.031, or any other provision of this chapter or rule of
1060the board or department.
1061     Section 29.  For the purpose of incorporating the amendment
1062made by this act to section (1) of section 455.227, Florida
1063Statutes, in a reference thereto, paragraph (a) of subsection
1064(1) of section 472.033, Florida Statutes, is reenacted to read:
1065     472.033  Disciplinary proceedings.--
1066     (1)  The following acts constitute grounds for which the
1067disciplinary actions in subsection (2) may be taken:
1068     (a)  Violation of any provision of s. 472.031 or s.
1069455.227(1);
1070     Section 30.  For the purpose of incorporating the amendment
1071made by this act to subsection (1) of section 455.227, Florida
1072Statutes, in a reference thereto, paragraph (a) of subsection
1073(1) of section 473.323, Florida Statutes, is reenacted to read:
1074     473.323  Disciplinary proceedings.--
1075     (1)  The following acts constitute grounds for which the
1076disciplinary actions in subsection (3) may be taken:
1077     (a)  Violation of any provision of s. 455.227(1) or any
1078other provision of this chapter.
1079     Section 31.  For the purpose of incorporating the amendment
1080made by this act to subsection (1) of section 455.227, Florida
1081Statutes, in a reference thereto, paragraph (a) of subsection
1082(1) of section 475.25, Florida Statutes, is reenacted to read:
1083     475.25  Discipline.--
1084     (1)  The commission may deny an application for licensure,
1085registration, or permit, or renewal thereof; may place a
1086licensee, registrant, or permittee on probation; may suspend a
1087license, registration, or permit for a period not exceeding 10
1088years; may revoke a license, registration, or permit; may impose
1089an administrative fine not to exceed $5,000 for each count or
1090separate offense; and may issue a reprimand, and any or all of
1091the foregoing, if it finds that the licensee, registrant,
1092permittee, or applicant:
1093     (a)  Has violated any provision of s. 455.227(1) or s.
1094475.42. However, licensees under this part are exempt from the
1095provisions of s. 455.227(1)(i).
1096     Section 32.  For the purpose of incorporating the amendment
1097made by this act to subsection (1) of section 455.227, Florida
1098Statutes, in a reference thereto, subsection (1) of section
1099475.624, Florida Statutes, is reenacted to read:
1100     475.624  Discipline.--The board may deny an application for
1101registration or certification; may investigate the actions of
1102any appraiser registered, licensed, or certified under this
1103part; may reprimand or impose an administrative fine not to
1104exceed $5,000 for each count or separate offense against any
1105such appraiser; and may revoke or suspend, for a period not to
1106exceed 10 years, the registration, license, or certification of
1107any such appraiser, or place any such appraiser on probation, if
1108it finds that the registered trainee, licensee, or
1109certificateholder:
1110     (1)  Has violated any provisions of this part or s.
1111455.227(1); however, certificateholders, registrants, and
1112licensees under this part are exempt from the provisions of s.
1113455.227(1)(i).
1114     Section 33.  For the purpose of incorporating the amendment
1115made by this act to subsection (1) of section 455.227, Florida
1116Statutes, in a reference thereto, paragraph (h) of subsection
1117(1) of section 476.204, Florida Statutes, is reenacted to read:
1118     476.204  Penalties.--
1119     (1)  It is unlawful for any person to:
1120     (h)  Violate any provision of s. 455.227(1), s. 476.194, or
1121s. 476.214.
1122     Section 34.  For the purpose of incorporating the amendment
1123made by this act to subsection (1) of section 455.227, Florida
1124Statutes, in a reference thereto, paragraph (h) of subsection
1125(1) of section 477.029, Florida Statutes, is reenacted to read:
1126     477.029  Penalty.--
1127     (1)  It is unlawful for any person to:
1128     (h)  Violate any provision of s. 455.227(1), s. 477.0265,
1129or s. 477.028.
1130     Section 35.  For the purpose of incorporating the amendment
1131made by this act to subsection (1) of section 455.227, Florida
1132Statutes, in a reference thereto, paragraph (a) of subsection
1133(1) of section 481.225, Florida Statutes, is reenacted to read:
1134     481.225  Disciplinary proceedings against registered
1135architects.--
1136     (1)  The following acts constitute grounds for which the
1137disciplinary actions in subsection (3) may be taken:
1138     (a)  Violating any provision of s. 455.227(1), s. 481.221,
1139or s. 481.223, or any rule of the board or department lawfully
1140adopted pursuant to this part or chapter 455.
1141     Section 36.  For the purpose of incorporating the amendment
1142made by this act to subsection (1) of section 455.227, Florida
1143Statutes, in a reference thereto, paragraph (a) of subsection
1144(1) of section 481.325, Florida Statutes, is reenacted to read:
1145     481.325  Disciplinary proceedings.--
1146     (1)  The following acts constitute grounds for which the
1147disciplinary actions in subsection (3) may be taken:
1148     (a)  Violation of any provision of s. 455.227(1), s.
1149481.321, or s. 481.323.
1150     Section 37.  Section 509.201, Florida Statutes, is
1151repealed.
1152     Section 38.  This act shall take effect October 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.
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