August 14, 2020
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CS/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. 468.609, F.S.; deleting a requirement that
22applicants for building code administrator certification
23complete a certain core curriculum before taking the
24certification examination; amending ss. 468.627 and
25471.0195, F.S.; deleting provisions requiring building
26code administrator and inspector certificateholders and
27engineer licensees to complete a certain core curriculum
28or pass an equivalency test of the Florida Building Code
29Compliance and Mitigation Program; amending s. 473.305,
30F.S.; deleting an examination late filing fee applicable
31to certified public accountant examinees; amending s.
32473.311, F.S.; deleting a provision requiring passage of a
33rules examination for renewal of license as a certified
34public accountant; amending s. 473.313, F.S.; deleting a
35provision requiring passage of an examination as a
36condition for reactivation of an inactive license as a
37certified public accountant; amending s. 475.175, F.S.;
38deleting the option to submit a notarized application for
39a real estate broker or sales associate license; amending
40s. 475.451, F.S.; limiting the attorney exemption from
41continuing education requirements to attorneys in good
42standing with The Florida Bar; amending s. 475.615, F.S.;
43deleting a requirement that an application for a real
44estate appraiser certification be notarized; amending ss.
45476.134 and 476.144, F.S.; requiring a written examination
46for a barbering license; deleting provisions for a
47practical examination for barbering license applicants;
48amending ss. 481.215 and 481.313, F.S.; deleting
49provisions requiring architect, interior designer, and
50landscape architect licensees to complete a certain core
51curriculum or pass an equivalency test of the Florida
52Building Code Compliance and Mitigation Program; amending
53s. 489.105, F.S.; revising the term "specialty contractor"
54to require that the scope of work and responsibility of a
55specialty contractor be established in a category of
56construction contracting adopted by rule of the
57Construction Industry Licensing Board; amending s.
58489.109, F.S.; limiting fees for registration or
59certification to qualify a business organization for
60contracting; deleting provisions relating to a business
61organization's certificate of authority to conform to
62changes made by the act; amending s. 489.114, F.S.;
63deleting provisions relating to a business organization's
64certificate of authority to conform to changes made by the
65act; amending s. 489.115, F.S.; deleting provisions
66requiring construction contractor certificateholders and
67registrants to complete a certain core curriculum or pass
68an equivalency test of the Florida Building Code
69Compliance and Mitigation Program; amending s. 489.117,
70F.S.; revising requirements for the registration of
71certain contractors; deleting provisions requiring a
72contractor applicant to submit proof of a local
73occupational license; specifying circumstances under which
74a specialty contractor holding a local license is not
75required to register with the board; deleting provisions
76for the issuance of tracking registrations to certain
77contractors who are not eligible for registration as
78specialty contractors; limiting the licensing and
79disciplinary actions that local jurisdictions must report
80to the board to certain actions of registered contractors;
81deleting provisions requiring the board to establish
82uniform job scopes for any construction contracting
83license category; amending s. 489.119, F.S.; deleting
84provisions for the issuance of a certificate of authority
85to a business organization for contracting; requiring a
86contractor to apply for registration or certification to
87qualify a business organization as the qualifying agent;
88authorizing the board to deny a registration or
89certification to qualify a business organization under
90certain circumstances; providing application procedures
91and requirements for the issuance of a business tax
92receipt to a business organization; deleting provisions
93for the issuance of an occupational license to a business
94organization; authorizing a local government to impose
95fines against certified or registered contractors under
96certain circumstances; requiring the qualifying agent of a
97business organization to present certain evidence to the
98board; providing that the board has discretion to approve
99a business organization; amending s. 489.127, F.S.;
100deleting provisions relating to a business organization's
101certificate of authority for contracting to conform to
102changes made by the act; amending s. 489.128, F.S.;
103revising the circumstances under which a person is
104considered an unlicensed contractor; deleting provisions
105relating to a business organization's certificate of
106authority for contracting to conform to changes made by
107the act; amending ss. 489.129 and 489.132, F.S.; deleting
108provisions relating to a business organization's
109certificate of authority for contracting to conform to
110changes made by the act; amending s. 489.1455, F.S.;
111deleting provisions requiring certain journeymen licensees
112to complete a certain core curriculum or pass an
113equivalency test of the Florida Building Code Compliance
114and Mitigation Program; amending s. 489.505, F.S.;
115revising the term "specialty contractor" to require that
116the scope of practice of a specialty contractor be
117established in a category of electrical or alarm system
118contracting adopted by rule of the Electrical Contractors'
119Licensing Board; amending s. 489.513, F.S.; deleting a
120requirement that the local license required for an
121electrical or alarm system contractor be an occupational
122license; limiting the licensing and disciplinary actions
123that local jurisdictions must report to the board to
124certain actions of registered contractors; deleting
125provisions requiring the board to establish uniform job
126scopes for any electrical and alarm system contracting
127license category; amending s. 489.516, F.S.; authorizing
128local officials to require a contractor to obtain a
129business tax receipt; deleting provisions requiring a
130contractor to pay an occupational license fee; amending s.
131489.517, F.S.; deleting provisions requiring electrical
132and alarm system contractor certificateholders and
133registrants to complete a certain core curriculum or pass
134an equivalency test of the Florida Building Code
135Compliance and Mitigation Program; amending s. 489.521,
136F.S.; providing application procedures and requirements
137for the issuance of a business tax receipt to a business
138organization; deleting provisions for the issuance of an
139occupational license to a business organization; amending
140s. 489.5315, F.S.; specifying that certain electrical or
141alarm system contractors are not required to obtain a
142business tax receipt; deleting a provision exempting
143certain contractors from requirements for an occupational
144license to conform to changes made by the act; amending s.
145489.532, F.S.; revising the circumstances under which a
146person is considered an unlicensed electrical or alarm
147system contractor; amending s. 489.537, F.S.; authorizing
148a county or municipality to collect fees for business tax
149receipts from electrical and alarm system contractors;
150deleting a provision authorizing the collection of
151occupational license fees; amending s. 509.233, F.S.;
152authorizing local governments to establish, by ordinance,
153local exemption procedures to allow patrons' dogs within
154certain designated outdoor portions of public food service
155establishments; deleting provisions for a pilot program
156that limits the authority for such local exemption
157procedures to a specified time; deleting a provision that
158provides for the future review and repeal of such pilot
159program; amending s. 548.002, F.S.; defining the term
160"event" for regulation of pugilistic exhibitions; amending
161s. 548.003, F.S.; authorizing the Florida State Boxing
162Commission to adopt criteria for the approval of certain
163amateur sanctioning organizations; authorizing the
164commission to adopt health and safety standards for
165amateur mixed martial arts; reenacting ss. 468.436(2)(a),
166468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
167472.033(1)(a), 473.323(1)(a), 475.25(1)(a), 475.624(1),
168476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
169481.325(1)(a), F.S., relating to the discipline of
170community association managers or firms, home inspectors,
171mold assessors and remediators, engineers, surveyors and
172mappers, certified public accountants and accounting
173firms, real estate brokers and sales associates, real
174estate appraisers, barbers, cosmetologists, architects,
175and landscape architects, to incorporate the amendment
176made to s. 455.227, F.S., in references thereto; repealing
177s. 509.201, F.S., relating to posting and advertising the
178room rates of a public lodging establishment and related
179penalties; providing for retroactive application;
180providing effective dates.
181
182Be It Enacted by the Legislature of the State of Florida:
183
184     Section 1.  Subsection (1) of section 455.213, Florida
185Statutes, is amended to read:
186     455.213  General licensing provisions.--
187     (1)  Any person desiring to be licensed shall apply to the
188department in writing. The application for licensure shall be
189submitted made on a form prescribed prepared and furnished by
190the department and must include the applicant's social security
191number. Notwithstanding any other provision of law, the
192department is the sole authority for determining the contents of
193any documents to be submitted for initial licensure and
194licensure renewal. Such documents may contain information
195including, as appropriate: demographics, education, work
196history, personal background, criminal history, finances,
197business information, complaints, inspections, investigations,
198discipline, bonding, signature notarization, photographs,
199performance periods, reciprocity, local government approvals,
200supporting documentation, periodic reporting requirements,
201fingerprint requirements, continuing education requirements, and
202ongoing education monitoring. The application shall be
203supplemented as needed to reflect any material change in any
204circumstance or condition stated in the application which takes
205place between the initial filing of the application and the
206final grant or denial of the license and which might affect the
207decision of the department. In order to further the economic
208development goals of the state, and notwithstanding any law to
209the contrary, the department may enter into an agreement with
210the county tax collector for the purpose of appointing the
211county tax collector as the department's agent to accept
212applications for licenses and applications for renewals of
213licenses. The agreement must specify the time within which the
214tax collector must forward any applications and accompanying
215application fees to the department. In cases where a person
216applies or schedules directly with a national examination
217organization or examination vendor to take an examination
218required for licensure, any organization- or vendor-related fees
219associated with the examination may be paid directly to the
220organization or vendor. An application is received for purposes
221of s. 120.60 upon the department's receipt of the application
222submitted in the format prescribed by the department; the
223application fee set by the board or, if there is no board, set
224by the department; and any other fee required by law or rule to
225be remitted with the application.
226     Section 2.  Paragraphs (t) and (u) are added to subsection
227(1) of section 455.227, Florida Statutes, to read:
228     455.227  Grounds for discipline; penalties; enforcement.--
229     (1)  The following acts shall constitute grounds for which
230the disciplinary actions specified in subsection (2) may be
231taken:
232     (t)  Failing to report in writing to the board or, if there
233is no board, to the department within 30 days after the licensee
234is convicted or found guilty of, or entered a plea of nolo
235contendere or guilty to, regardless of adjudication, a crime in
236any jurisdiction. A licensee must report a conviction, finding
237of guilt, plea, or adjudication entered before the effective
238date of this paragraph within 30 days after the effective date
239of this paragraph.
240     (u)  Termination from a treatment program for impaired
241practitioners as described in s. 456.076 for failure to comply,
242without good cause, with the terms of the monitoring or
243treatment contract entered into by the licensee or failing to
244successfully complete a drug or alcohol treatment program.
245     Section 3.  Section 455.2274, Florida Statutes, is created
246to read:
247     455.2274  Criminal proceedings against licensees;
248appearances by department representatives.--A representative of
249the department may voluntarily appear in a criminal proceeding
250brought against a person licensed by the department to practice
251a profession regulated by the state. The department's
252representative is authorized to furnish pertinent information,
253make recommendations regarding specific conditions of probation,
254and provide other assistance to the court necessary to promote
255justice or protect the public. The court may order a
256representative of the department to appear in a criminal
257proceeding if the crime charged is substantially related to the
258qualifications, functions, or duties of a license regulated by
259the department.
260     Section 4.  Section 455.2281, Florida Statutes, is amended
261to read:
262     455.2281  Unlicensed activities; fees; disposition.--In
263order to protect the public and to ensure a consumer-oriented
264department, it is the intent of the Legislature that vigorous
265enforcement of regulation for all professional activities is a
266state priority. All enforcement costs should be covered by
267professions regulated by the department. Therefore, the
268department may shall impose, upon initial licensure and each
269renewal thereof, a special fee not to exceed of $5 per licensee.
270The Such fee shall be set by the department by rule for each
271profession and shall be in addition to all other fees collected
272from each licensee and shall fund efforts to combat unlicensed
273activity. Any profession regulated by the department which
274offers services that are not subject to regulation when provided
275by an unlicensed person may use funds in its unlicensed activity
276account to inform the public of such situation. The board with
277concurrence of the department, or the department when there is
278no board, may earmark up to $5 of the current licensure fee for
279this purpose, if such board, or profession regulated by the
280department, is not in a deficit and has a reasonable cash
281balance. The department may adopt rules to waive an unlicensed
282activity special fee for up to 2 years if both the operating
283account and the unlicensed activity account have an excess cash
284balance. A board or profession regulated by the department may
285authorize the transfer of funds from the operating fund account
286to the unlicensed activity account of that profession if the
287operating fund account is not in a deficit and has a reasonable
288cash balance. The department shall make direct charges to this
289fund by profession and shall not allocate indirect overhead. The
290department shall seek board advice regarding enforcement methods
291and strategies prior to expenditure of funds; however, the
292department may, without board advice, allocate funds to cover
293the costs of continuing education compliance monitoring under s.
294455.2177. The department shall directly credit, by profession,
295revenues received from the department's efforts to enforce
296licensure provisions. The department shall include all financial
297and statistical data resulting from unlicensed activity
298enforcement and from continuing education compliance monitoring
299as separate categories in the quarterly management report
300provided for in s. 455.219. The department shall not charge the
301account of any profession for the costs incurred on behalf of
302any other profession. For an unlicensed activity account, a
303balance which remains at the end of a renewal cycle may, with
304concurrence of the applicable board and the department, be
305transferred to the operating fund account of that profession.
306     Section 5.  Paragraph (d) of subsection (3) of section
307468.609, Florida Statutes, is amended to read:
308     468.609  Administration of this part; standards for
309certification; additional categories of certification.--
310     (3)  A person may take the examination for certification as
311a building code administrator pursuant to this part if the
312person:
313     (d)  After the building code training program is
314established under s. 553.841, demonstrates successful completion
315of the core curriculum approved by the Florida Building
316Commission, appropriate to the licensing category sought.
317     Section 6.  Subsection (6) of section 468.627, Florida
318Statutes, is amended to read:
319     468.627  Application; examination; renewal; fees.--
320     (6)  Each certificateholder shall provide to the board
321proof of completion of the core curriculum courses of the
322building code training program established by s. 553.841, within
3232 years after commencement of the program. Each new
324certificateholder shall provide to the board proof of completion
325of the core curriculum courses of the building code training
326program established in s. 553.841 within the first 2-year period
327after initial licensure. Continuing education hours spent taking
328such core curriculum courses shall count toward the number
329required for license renewal.
330     Section 7.  Section 471.0195, Florida Statutes, is amended
331to read:
332     471.0195  Florida Building Code training for
333engineers.--All licensees actively participating in the design
334of engineering works or systems in connection with buildings,
335structures, or facilities and systems covered by the Florida
336Building Code shall take continuing education courses and submit
337proof to the board, at such times and in such manner as
338established by the board by rule, that the licensee has
339completed the core curriculum courses and any specialized or
340advanced courses on any portion of the Florida Building Code
341applicable to the licensee's area of practice or has passed the
342appropriate equivalency test of the Building Code Training
343Program as required by s. 553.841. The board shall record
344reported continuing education courses on a system easily
345accessed by code enforcement jurisdictions for evaluation when
346determining license status for purposes of processing design
347documents. Local jurisdictions shall be responsible for
348notifying the board when design documents are submitted for
349building construction permits by persons who are not in
350compliance with this section. The board shall take appropriate
351action as provided by its rules when such noncompliance is
352determined to exist.
353     Section 8.  Section 473.305, Florida Statutes, is amended
354to read:
355     473.305  Fees.--The board, by rule, may establish fees to
356be paid for applications, examination, reexamination, licensing
357and renewal, reinstatement, and recordmaking and recordkeeping.
358The fee for the examination shall be established at an amount
359that covers the costs for the procurement or development,
360administration, grading, and review of the examination. The fee
361for the examination is refundable if the applicant is found to
362be ineligible to sit for the examination. The fee for initial
363application is nonrefundable, and the combined fees for
364application and examination may not exceed $250 plus the actual
365per applicant cost to the department for purchase of the
366examination from the American Institute of Certified Public
367Accountants or a similar national organization. The biennial
368renewal fee may not exceed $250. The board may also establish,
369by rule, a reactivation fee, a late filing fee for the law and
370rules examination, and a delinquency fee not to exceed $50 for
371continuing professional education reporting forms. The board
372shall establish fees which are adequate to ensure the continued
373operation of the board and to fund the proportionate expenses
374incurred by the department which are allocated to the regulation
375of public accountants. Fees shall be based on department
376estimates of the revenue required to implement this chapter and
377the provisions of law with respect to the regulation of
378certified public accountants.
379     Section 9.  Subsection (1) of section 473.311, Florida
380Statutes, is amended to read:
381     473.311  Renewal of license.--
382     (1)  The department shall renew a license upon receipt of
383the renewal application and fee and upon certification by the
384board that the licensee has satisfactorily completed the
385continuing education requirements of s. 473.312 and has passed
386an examination approved by the board on chapter 455 and this
387chapter and the related administrative rules. However, each
388licensee must complete the requirements of s. 473.312(1)(c)
389prior to taking the examination.
390     Section 10.  Subsection (3) of section 473.313, Florida
391Statutes, is amended to read:
392     473.313  Inactive status.--
393     (3)  Any licensee holding an inactive license may be
394permitted to reactivate such license in a conditional manner.
395The conditions of reactivation shall require, in addition to the
396payment of fees, the passing of the examination approved by the
397board concerning chapter 455 and this chapter, and the related
398administrative rules, and the completion of required continuing
399education.
400     Section 11.  Paragraph (a) of subsection (1) of section
401475.175, Florida Statutes, is amended to read:
402     475.175  Examinations.--
403     (1)  A person shall be entitled to take the license
404examination to practice in this state if the person:
405     (a)  Submits to the department the appropriate notarized or
406electronically authenticated application and fee, and a
407fingerprint card. The fingerprint card shall be forwarded to the
408Division of Criminal Justice Information Systems within the
409Department of Law Enforcement for purposes of processing the
410fingerprint card to determine if the applicant has a criminal
411history record. The fingerprint card shall also be forwarded to
412the Federal Bureau of Investigation for purposes of processing
413the fingerprint card to determine if the applicant has a
414criminal history record. The information obtained by the
415processing of the fingerprint card by the Florida Department of
416Law Enforcement and the Federal Bureau of Investigation shall be
417sent to the department for the purpose of determining if the
418applicant is statutorily qualified for examination. Effective
419July 1, 2006, an applicant shall provide fingerprints in
420electronic format.
421     Section 12.  Subsection (6) of section 475.451, Florida
422Statutes, is amended to read:
423     475.451  Schools teaching real estate practice.--
424     (6)  Any course prescribed by the commission as a condition
425precedent to any person's becoming initially licensed as a sales
426associate may be taught in any real estate school through the
427use of a video tape of instruction by a currently permitted
428instructor from any such school or may be taught by distance
429learning pursuant to s. 475.17(2). The commission may require
430that any such video tape course have a single session of live
431instruction by a currently permitted instructor from any such
432school; however, this requirement shall not exceed 3 classroom
433hours. All other prescribed courses, except the continuing
434education course required by s. 475.182, shall be taught by a
435currently permitted school instructor personally in attendance
436at such course or by distance learning pursuant to s. 475.17.
437The continuing education course required by s. 475.182 may be
438taught by distance learning pursuant to s. 475.17 or by an
439equivalent correspondence course; however, any such
440correspondence course shall be required to have a final
441examination, prepared and administered by the school issuing the
442correspondence course. The continuing education requirements
443provided in this section or provided in any other section in
444this chapter do not apply with respect to an any attorney who is
445otherwise qualified under the provisions of this chapter and who
446is a member in good standing of The Florida Bar.
447     Section 13.  Subsection (5) of section 475.615, Florida
448Statutes, is amended to read:
449     475.615  Qualifications for registration or
450certification.--
451     (5)  At the time of filing an a notarized application for
452registration or certification, the applicant must sign a pledge
453to comply with the Uniform Standards of Professional Appraisal
454Practice upon registration or certification and must indicate in
455writing that she or he understands the types of misconduct for
456which disciplinary proceedings may be initiated. The application
457shall expire 1 year after the date received.
458     Section 14.  Subsection (1) of section 476.134, Florida
459Statutes, is amended to read:
460     476.134  Examinations.--
461     (1)  Examinations of applicants for licenses as barbers
462shall be offered not less than four times each year. The
463examination of applicants for licenses as barbers shall may
464include both a practical demonstration and a written test. The
465board shall have the authority to adopt rules with respect to
466the examination of applicants for licensure. The board may
467provide rules with respect to written or practical examinations
468in such manner as the board may deem fit.
469     Section 15.  Paragraph (b) of subsection (6) of section
470476.144, Florida Statutes, is amended to read:
471     476.144  Licensure.--
472     (6)  A person may apply for a restricted license to
473practice barbering. The board shall adopt rules specifying
474procedures for an applicant to obtain a restricted license if
475the applicant:
476     (b)  Passes a written examination on the laws and rules
477governing the practice of barbering in Florida, as established
478by the board, and a practical examination approved by the board.
479
480The restricted license shall limit the licensee's practice to
481those specific areas in which the applicant has demonstrated
482competence pursuant to rules adopted by the board.
483     Section 16.  Subsection (6) of section 481.215, Florida
484Statutes, is renumbered as subsection (5), and present
485subsection (5) of that section is amended to read:
486     481.215  Renewal of license.--
487     (5)  Each licensee shall provide to the board proof of
488completion of the core curriculum courses, or passing the
489equivalency test of the Building Code Training Program
490established by s. 553.841, within 2 years after commencement of
491the program or after initial licensure, whichever is later.
492Hours spent taking core curriculum courses shall count toward
493the number required for license renewal. A licensee who passes
494the equivalency test in lieu of taking the core curriculum
495courses shall receive full credit for such core curriculum
496course hours.
497     Section 17.  Subsection (6) of section 481.313, Florida
498Statutes, is renumbered as subsection (5), and present
499subsection (5) of that section is amended to read:
500     481.313  Renewal of license.--
501     (5)  Each licenseholder shall provide to the board proof of
502completion of the core curriculum courses, or passing the
503equivalency test of the Building Code Training Program
504established by s. 553.841, within 2 years after commencement of
505the program or of initial licensure, whichever is later. Hours
506spent taking core curriculum courses shall count toward the
507number required for license renewal. A licensee who passes the
508equivalency test in lieu of taking the core curriculum courses
509shall receive full credit for core curriculum course hours.
510     Section 18.  Paragraph (q) of subsection (3) of section
511489.105, Florida Statutes, is amended to read:
512     489.105  Definitions.--As used in this part:
513     (3)  "Contractor" means the person who is qualified for,
514and shall only be responsible for, the project contracted for
515and means, except as exempted in this part, the person who, for
516compensation, undertakes to, submits a bid to, or does himself
517or herself or by others construct, repair, alter, remodel, add
518to, demolish, subtract from, or improve any building or
519structure, including related improvements to real estate, for
520others or for resale to others; and whose job scope is
521substantially similar to the job scope described in one of the
522subsequent paragraphs of this subsection. For the purposes of
523regulation under this part, "demolish" applies only to
524demolition of steel tanks over 50 feet in height; towers over 50
525feet in height; other structures over 50 feet in height, other
526than buildings or residences over three stories tall; and
527buildings or residences over three stories tall. Contractors are
528subdivided into two divisions, Division I, consisting of those
529contractors defined in paragraphs (a)-(c), and Division II,
530consisting of those contractors defined in paragraphs (d)-(q):
531     (q)  "Specialty contractor" means a contractor whose scope
532of work and responsibility is limited to a particular phase of
533construction established in a category adopted by board rule and
534whose scope is limited to a subset of the activities described
535in the categories established in one of the paragraphs of this
536subsection.
537     Section 19.  Paragraph (c) of subsection (1) of section
538489.109, Florida Statutes, is redesignated as paragraph (d),
539present paragraph (d) is amended, and a new paragraph (c) is
540added to that subsection, to read:
541     489.109  Fees.--
542     (1)  The board, by rule, shall establish reasonable fees to
543be paid for applications, certification and renewal,
544registration and renewal, and recordmaking and recordkeeping.
545The fees shall be established as follows:
546     (c)  With respect to an application for registration or
547certification to qualify a business organization, the initial
548application fee and the renewal fee may not exceed $50.
549     (d)  The board, by rule, may establish a fee for transfer
550of a certificate of authority from one business organization to
551another, not to exceed the applicable renewal fee.
552     Section 20.  Section 489.114, Florida Statutes, is amended
553to read:
554     489.114  Evidence of workers' compensation
555coverage.--Except as provided in s. 489.115(5)(d), any person,
556business organization, or qualifying agent engaged in the
557business of contracting in this state and certified or
558registered under this part shall, as a condition precedent to
559the issuance or renewal of a certificate or, registration, or
560certificate of authority of the contractor, provide to the
561Construction Industry Licensing Board, as provided by board
562rule, evidence of workers' compensation coverage pursuant to
563chapter 440. In the event that the Division of Workers'
564Compensation of the Department of Financial Services receives
565notice of the cancellation of a policy of workers' compensation
566insurance insuring a person or entity governed by this section,
567the Division of Workers' Compensation shall certify and identify
568all persons or entities by certification or registration license
569number to the department after verification is made by the
570Division of Workers' Compensation that persons or entities
571governed by this section are no longer covered by workers'
572compensation insurance. Such certification and verification by
573the Division of Workers' Compensation may result from records
574furnished to the Division of Workers' Compensation by the
575persons or entities governed by this section or an investigation
576completed by the Division of Workers' Compensation. The
577department shall notify the persons or entities governed by this
578section who have been determined to be in noncompliance with
579chapter 440, and the persons or entities notified shall provide
580certification of compliance with chapter 440 to the department
581and pay an administrative fine in the amount of $500. The
582failure to maintain workers' compensation coverage as required
583by law shall be grounds for the board to revoke, suspend, or
584deny the issuance or renewal of a certificate or, registration,
585or certificate of authority of the contractor under the
586provisions of s. 489.129.
587     Section 21.  Paragraph (b) of subsection (4) of section
588489.115, Florida Statutes, is amended to read:
589     489.115  Certification and registration; endorsement;
590reciprocity; renewals; continuing education.--
591     (4)
592     (b)1.  Each certificateholder or registrant shall provide
593proof, in a form established by rule of the board, that the
594certificateholder or registrant has completed at least 14
595classroom hours of at least 50 minutes each of continuing
596education courses during each biennium since the issuance or
597renewal of the certificate or registration. The board shall
598establish by rule that a portion of the required 14 hours must
599deal with the subject of workers' compensation, business
600practices, workplace safety, and, for applicable licensure
601categories, wind mitigation methodologies, and 1 hour of which
602must deal with laws and rules. The board shall by rule establish
603criteria for the approval of continuing education courses and
604providers, including requirements relating to the content of
605courses and standards for approval of providers, and may by rule
606establish criteria for accepting alternative nonclassroom
607continuing education on an hour-for-hour basis. The board shall
608prescribe by rule the continuing education, if any, which is
609required during the first biennium of initial licensure. A
610person who has been licensed for less than an entire biennium
611must not be required to complete the full 14 hours of continuing
612education.
613     2.  In addition, the board may approve specialized
614continuing education courses on compliance with the wind
615resistance provisions for one and two family dwellings contained
616in the Florida Building Code and any alternate methodologies for
617providing such wind resistance which have been approved for use
618by the Florida Building Commission. Division I
619certificateholders or registrants who demonstrate proficiency
620upon completion of such specialized courses may certify plans
621and specifications for one and two family dwellings to be in
622compliance with the code or alternate methodologies, as
623appropriate, except for dwellings located in floodways or
624coastal hazard areas as defined in ss. 60.3D and E of the
625National Flood Insurance Program.
626     3.  Each certificateholder or registrant shall provide to
627the board proof of completion of the core curriculum courses, or
628passing the equivalency test of the Building Code Training
629Program established under s. 553.841, specific to the licensing
630category sought, within 2 years after commencement of the
631program or of initial certification or registration, whichever
632is later. Classroom hours spent taking core curriculum courses
633shall count toward the number required for renewal of
634certificates or registration. A certificateholder or registrant
635who passes the equivalency test in lieu of taking the core
636curriculum courses shall receive full credit for core curriculum
637course hours.
638     3.4.  The board shall require, by rule adopted pursuant to
639ss. 120.536(1) and 120.54, a specified number of hours in
640specialized or advanced module courses, approved by the Florida
641Building Commission, on any portion of the Florida Building
642Code, adopted pursuant to part IV of chapter 553, relating to
643the contractor's respective discipline.
644     Section 22.  Paragraph (a) of subsection (1) and
645subsections (4) and (5) of section 489.117, Florida Statutes,
646are amended to read:
647     489.117  Registration; specialty contractors.--
648     (1)(a)  Any person engaged in the business of a contractor
649as defined in s. 489.105(3)(a)-(o) must in the state shall be
650registered in the proper classification, unless he or she is
651certified. Any person entering the business of a contractor
652shall be registered before prior to engaging in business as a
653contractor in this state, unless he or she is certified. To be
654initially registered, the applicant shall submit the required
655fee and file evidence, in a form provided by the department, of
656holding a current local occupational license required by any
657municipality, county, or development district, if any, for the
658type of work for which registration is desired and evidence of
659successful compliance with the local examination and licensing
660requirements, if any, in the area for which registration is
661desired. An No examination is not shall be required for
662registration.
663     (4)(a)  A person holding a local license whose job scope
664does not substantially correspond to either the job scope of one
665of the contractor categories defined in s. 489.105(3)(a)-(o), or
666the job scope of one of the certified specialty contractor
667categories previously established by board rule as of the
668effective date of this provision, is shall not be required to
669register with the board to perform contracting activities within
670the scope of such specialty license.
671     (b)  A local jurisdiction may require an individual holding
672a local specialty contractor license in a category which
673pursuant to paragraph (a) does not permit registration to obtain
674a tracking registration from the board, provided that the board
675has established by rule that the activities which comprise the
676job scope of the local specialty contractor license involve
677lifesafety considerations and a significant potential danger to
678the consumer.
679     (b)(c)  The local jurisdictions are shall be responsible
680for providing the following information to the board within 30
681days after licensure of, or any disciplinary action against, a
682locally licensed contractor who is registered under this part:
683     1.  Licensure information.,
684     2.  Code violation information pursuant to s. 553.781., and
685     3.  Disciplinary information. on locally licensed
686individuals to the board within 30 days after licensure or any
687disciplinary action, and
688
689The board shall maintain such licensure and disciplinary
690information as it is provided to the board them, and shall make
691the such information available through the automated information
692system provided pursuant to s. 455.2286. The biennial tracking
693registration fee shall not exceed $40.
694     (c)(d)  Neither the board nor the department assumes any
695responsibility for providing discipline pursuant to having
696provided the tracking registration. Providing discipline to such
697locally licensed contractors is individuals shall be the
698responsibility of the local jurisdiction. Failure to obtain a
699tracking registration shall not be considered a violation of
700this chapter; however, a local jurisdiction requiring such
701tracking registration may levy such penalties for failure to
702obtain the tracking registration as it chooses to provide
703through local ordinance.
704     (d)(e)  Any person who is not required to obtain
705registration or certification pursuant to s. 489.105(3)(d)-(o)
706may perform specialty contracting services for the construction,
707remodeling, repair, or improvement of single-family residences,
708including a townhouse as defined in the Florida Building Code,
709without obtaining a local professional license if such person is
710under the supervision of a certified or registered general,
711building, or residential contractor. As used in this paragraph,
712supervision shall not be deemed to require the existence of a
713direct contract between the certified or registered general,
714building, or residential contractor and the person performing
715specialty contracting services.
716     (5)  In order to establish uniformity among the job scopes
717established by local jurisdictions, the board shall, by rule,
718establish the job scope for any licensure category registered by
719the board under this part. The board shall not arbitrarily limit
720such scopes and shall restrict the job scopes only to the
721minimum extent necessary to ensure uniformity.
722     Section 23.  Section 489.119, Florida Statutes, is amended
723to read:
724     489.119  Business organizations; qualifying agents.--
725     (1)  If an individual proposes to engage in contracting in
726the individual's own name, or a fictitious name where the
727individual is doing business as a sole proprietorship,
728registration or certification may be issued only to that
729individual.
730     (2)  If the applicant proposes to engage in contracting as
731a business organization, including any partnership, corporation,
732business trust, or other legal entity, or in any name other than
733the applicant's legal name or a fictitious name where the
734applicant is doing business as a sole proprietorship, the
735applicant business organization must apply for registration or
736certification as the for a certificate of authority through a
737qualifying agent of the business organization and under the
738fictitious name, if any.
739     (a)  An The application for registration or certification
740to qualify a business organization a certificate of authority
741must state the name of the partnership and of its partners; the
742name of the corporation and of its officers and directors and
743the name of each of its stockholders who is also an officer or
744director; the name of the business trust and its trustees; or
745the name of such other legal entity and its members; and must
746state the fictitious name, if any, under which the business
747organization is doing business.
748     (b)1.  An The application for registration or certification
749to qualify a business organization primary qualifying agent must
750include an affidavit on a form provided by the board attesting
751that the applicant has final approval authority for all
752construction work performed by the business organization entity
753and that the applicant has final approval authority on all
754business matters, including contracts, specifications, checks,
755drafts, or payments, regardless of the form of payment, made by
756the business organization entity, except where a financially
757responsible officer is approved.
758     2.  The application for financially responsible officer
759must include an affidavit on a form provided by the board
760attesting that the applicant's approval is required for all
761checks, drafts, or payments, regardless of the form of payment,
762made by the business organization entity and that the applicant
763has authority to act for the business organization in all
764financial matters.
765     3.  The application for secondary qualifying agent must
766include an affidavit on a form provided by the board attesting
767that the applicant has authority to supervise all construction
768work performed by the business organization entity as provided
769in s. 489.1195(2).
770     (c)  The board may deny an application for registration or
771certification to qualify a business organization if the
772applicant, or any person listed in paragraph (a), has been
773involved in past disciplinary actions or on any grounds for
774which an individual registration or certification may be denied.
775     (d)(b)  The applicant must furnish evidence of statutory
776compliance if a fictitious name is used, the provisions of s.
777865.09(7) notwithstanding.
778     (e)(c)  A joint venture, including a joint venture composed
779of qualified business organizations, is itself a separate and
780distinct organization that must be qualified and obtain a
781certificate of authority in accordance with board rules.
782     (d)  A certificate of authority must be renewed every 2
783years. If there is a change in any information that is required
784to be stated on the application, the business organization
785shall, within 45 days after such change occurs, mail the correct
786information to the department.
787     (3)(a)  A The qualifying agent must shall be certified or
788registered under this part in order for the business
789organization to operate be issued a certificate of authority in
790the category of contracting in the business conducted for which
791the qualifying agent is certified or registered. If any
792qualifying agent ceases to be affiliated with a such business
793organization, he or she shall so inform the department. In
794addition, if the such qualifying agent is the only certified or
795registered contractor affiliated with the business organization,
796the business organization shall notify the department of the
797termination of the qualifying agent and shall have 60 days from
798the termination of the qualifying agent's affiliation with the
799business organization in which to employ another qualifying
800agent. The business organization may not engage in contracting
801until a qualifying agent is employed, unless the executive
802director or chair of the board has granted a temporary
803nonrenewable certificate or registration to the financially
804responsible officer, the president, a partner, or, in the case
805of a limited partnership, the general partner, who assumes all
806responsibilities of a primary qualifying agent for the business
807organization entity. This temporary certificate or registration
808shall only allow the business organization entity to proceed
809with incomplete contracts. For the purposes of this paragraph,
810an incomplete contract is one which has been awarded to, or
811entered into by, the business organization prior to the
812cessation of affiliation of the qualifying agent with the
813business organization or one on which the business organization
814was the low bidder and the contract is subsequently awarded,
815regardless of whether any actual work has commenced under the
816contract prior to the qualifying agent ceasing to be affiliated
817with the business organization.
818     (b)  The qualifying agent shall inform the department in
819writing when he or she proposes to engage in contracting in his
820or her own name or in affiliation with another business
821organization, and he or she or such new business organization
822shall supply the same information to the department as required
823of applicants under this part.
824     (c)  Upon a favorable determination by the board, after
825investigation of the financial responsibility, credit, and
826business reputation of the qualifying agent and the new business
827organization, the department shall issue, without an
828examination, a new certificate of authority in the business
829organization's name.
830     (4)  Disciplinary action against a business organization
831holding a certificate of authority shall be administered in the
832same manner and on the same grounds as disciplinary action
833against a contractor. The board may deny the certification of
834any person cited in subsection (2) if the person has been
835involved in past disciplinary actions or on any grounds for
836which individual certification can be denied.
837     (4)(5)  When a certified qualifying agent, on behalf of a
838business organization, makes application for a business tax
839receipt an occupational license in any municipality or county of
840this state, the application shall be made with the tax collector
841in the name of the business organization and the qualifying
842agent; and the license, when issued, shall be issued to the
843business organization, upon payment of the appropriate licensing
844fee and exhibition to the tax collector of a valid certificate
845for the qualifying agent and a valid certificate of authority
846for the business organization issued by the department, and the
847state license numbers shall be noted thereon.
848     (5)(6)(a)  Each registered or certified contractor shall
849affix the number of his or her registration or certification to
850each application for a building permit and on each building
851permit issued and recorded. Each city or county building
852department shall require, as a precondition for the issuance of
853the building permit, that the contractor taking out the permit
854must provide verification giving his or her Construction
855Industry Licensing Board registration or certification number.
856     (b)  The registration or certification number of each
857contractor or certificate of authority number for each business
858organization shall appear in each offer of services, business
859proposal, bid, contract, or advertisement, regardless of medium,
860as defined by board rule, used by that contractor or business
861organization in the practice of contracting.
862     (c)  If a vehicle bears the name of a contractor or
863business organization, or any text or artwork which would lead a
864reasonable person to believe that the vehicle is used for
865contracting, the registration or certification number of the
866contractor or certificate of authority number of the business
867organization must be conspicuously and legibly displayed with
868the name, text, or artwork. Local governments may also require
869that locally licensed contractors must also display their
870certificate of competency or license numbers. Nothing in this
871paragraph shall be construed to create a mandatory vehicle
872signage requirement.
873     (d)  For the purposes of this part, the term
874"advertisement" does not include business stationery or any
875promotional novelties such as balloons, pencils, trinkets, or
876articles of clothing.
877     (e)  The board shall issue a notice of noncompliance for
878the first offense, and may assess a fine or issue a citation for
879failure to correct the offense within 30 days or for any
880subsequent offense, to any contractor or business organization
881that fails to include the certification or, registration, or
882certificate of authority number as required by this part when
883submitting an advertisement for publication, broadcast, or
884printing or fails to display the certification or, registration,
885or certificate of authority number as required by this part.
886     (f)  In addition to any other penalty prescribed by law, a
887local government may impose a civil fine pursuant to s.
888489.127(5) against a person who is not certified or registered
889under this part if the person:
890     1.  Claims to be licensed in any offer of services,
891business proposal, bid, contract, or advertisement, but who does
892not possess a valid competency-based license issued by a local
893government in this state to perform the specified construction
894services; or
895     2.  Claims to be insured in any offer of services, business
896proposal, bid, contract, or advertisement, but whose performance
897of the subject work is not covered by a general liability or
898workers' compensation insurance policy.
899     (6)(7)  Each qualifying agent shall pay the department an
900amount equal to the original fee for registration or
901certification to qualify a certificate of authority of a new
902business organization. If the qualifying agent for a business
903organization desires to qualify additional business
904organizations, the board shall require the qualifying agent him
905or her to present evidence of his or her ability to supervise
906the construction activities and financial responsibility of each
907such organization. Approval of each business organization The
908issuance of such certificate of authority is discretionary with
909the board.
910     (7)(8)(a)  A business organization proposing to engage in
911contracting is not required to apply for or obtain authorization
912under this part to engage in contracting if:
913     1.  The business organization employs one or more
914registered or certified contractors licensed in accordance with
915this part who are responsible for obtaining permits and
916supervising all of the business organization's contracting
917activities;
918     2.  The business organization engages only in contracting
919on property owned by the business organization or by its parent,
920subsidiary, or affiliated entities; and
921     3.  The business organization, or its parent entity if the
922business organization is a wholly owned subsidiary, maintains a
923minimum net worth of $20 million.
924     (b)  Any business organization engaging in contracting
925under this subsection shall provide the board with the name and
926license number of each registered or certified contractor
927employed by the business organization to supervise its
928contracting activities. The business organization is not
929required to post a bond or otherwise evidence any financial or
930credit information except as necessary to demonstrate compliance
931with paragraph (a).
932     (c)  A registered or certified contractor employed by a
933business organization to supervise its contracting activities
934under this subsection shall not be required to post a bond or
935otherwise evidence any personal financial or credit information
936so long as the individual performs contracting activities
937exclusively on behalf of a business organization meeting all of
938the requirements of paragraph (a).
939     Section 24.  Subsection (1) of section 489.127, Florida
940Statutes, is amended to read:
941     489.127  Prohibitions; penalties.--
942     (1)  No person shall:
943     (a)  Falsely hold himself or herself or a business
944organization out as a licensee, certificateholder, or
945registrant;
946     (b)  Falsely impersonate a certificateholder or registrant;
947     (c)  Present as his or her own the certificate or,
948registration, or certificate of authority of another;
949     (d)  Knowingly give false or forged evidence to the board
950or a member thereof;
951     (e)  Use or attempt to use a certificate or, registration
952that, or certificate of authority which has been suspended or
953revoked;
954     (f)  Engage in the business or act in the capacity of a
955contractor or advertise himself or herself or a business
956organization as available to engage in the business or act in
957the capacity of a contractor without being duly registered or
958certified or having a certificate of authority;
959     (g)  Operate a business organization engaged in contracting
960after 60 days following the termination of its only qualifying
961agent without designating another primary qualifying agent,
962except as provided in ss. 489.119 and 489.1195;
963     (h)  Commence or perform work for which a building permit
964is required pursuant to part IV of chapter 553 without such
965building permit being in effect; or
966     (i)  Willfully or deliberately disregard or violate any
967municipal or county ordinance relating to uncertified or
968unregistered contractors.
969
970For purposes of this subsection, a person or business
971organization operating on an inactive or suspended certificate
972or, registration, or certificate of authority is not duly
973certified or registered and is considered unlicensed. A business
974tax receipt issued under the authority of chapter 205 is not a
975license for purposes of this part.
976     Section 25.  Effective upon this act becoming a law,
977paragraph (a) of subsection (1) of section 489.128, Florida
978Statutes, is amended to read:
979     489.128  Contracts entered into by unlicensed contractors
980unenforceable.--
981     (1)  As a matter of public policy, contracts entered into
982on or after October 1, 1990, by an unlicensed contractor shall
983be unenforceable in law or in equity by the unlicensed
984contractor.
985     (a)  For purposes of this section, an individual is
986unlicensed if the individual does not have a license required by
987this part concerning the scope of the work to be performed under
988the contract. A business organization is unlicensed if the
989business organization does not have a primary or secondary
990qualifying agent in accordance with this part concerning the
991scope of the work to be performed under the contract. For
992purposes of this section, if a no state or local license is not
993required for the scope of work to be performed under the
994contract, the individual performing that work is shall not be
995considered unlicensed.
996     Section 26.  Paragraph (b) of subsection (1) of section
997489.128, Florida Statutes, is amended to read:
998     489.128  Contracts entered into by unlicensed contractors
999unenforceable.--
1000     (1)  As a matter of public policy, contracts entered into
1001on or after October 1, 1990, by an unlicensed contractor shall
1002be unenforceable in law or in equity by the unlicensed
1003contractor.
1004     (b)  For purposes of this section, an individual or
1005business organization may not be considered unlicensed for
1006failing to have a business tax receipt issued under the
1007authority of chapter 205. A business organization may not be
1008considered unlicensed for failing to have a certificate of
1009authority as required by ss. 489.119 and 489.127. For purposes
1010of this section, a business organization entering into the
1011contract may not be considered unlicensed if, before the date
1012established by paragraph (c), an individual possessing a license
1013required by this part concerning the scope of the work to be
1014performed under the contract has submitted an application for a
1015certificate of authority designating that individual as a
1016qualifying agent for the business organization entering into the
1017contract, and the application was not acted upon by the
1018department or applicable board within the time limitations
1019imposed by s. 120.60.
1020     Section 27.  Subsections (1), (5), and (7) of section
1021489.129, Florida Statutes, are amended to read:
1022     489.129  Disciplinary proceedings.--
1023     (1)  The board may take any of the following actions
1024against any certificateholder or registrant: place on probation
1025or reprimand the licensee, revoke, suspend, or deny the issuance
1026or renewal of the certificate or, registration, or certificate
1027of authority, require financial restitution to a consumer for
1028financial harm directly related to a violation of a provision of
1029this part, impose an administrative fine not to exceed $10,000
1030per violation, require continuing education, or assess costs
1031associated with investigation and prosecution, if the
1032contractor, financially responsible officer, or business
1033organization for which the contractor is a primary qualifying
1034agent, a financially responsible officer, or a secondary
1035qualifying agent responsible under s. 489.1195 is found guilty
1036of any of the following acts:
1037     (a)  Obtaining a certificate or, registration, or
1038certificate of authority by fraud or misrepresentation.
1039     (b)  Being convicted or found guilty of, or entering a plea
1040of nolo contendere to, regardless of adjudication, a crime in
1041any jurisdiction which directly relates to the practice of
1042contracting or the ability to practice contracting.
1043     (c)  Violating any provision of chapter 455.
1044     (d)  Performing any act which assists a person or entity in
1045engaging in the prohibited uncertified and unregistered practice
1046of contracting, if the certificateholder or registrant knows or
1047has reasonable grounds to know that the person or entity was
1048uncertified and unregistered.
1049     (e)  Knowingly combining or conspiring with an uncertified
1050or unregistered person by allowing his or her certificate or,
1051registration, or certificate of authority to be used by the
1052uncertified or unregistered person with intent to evade the
1053provisions of this part. When a certificateholder or registrant
1054allows his or her certificate or registration to be used by one
1055or more business organizations without having any active
1056participation in the operations, management, or control of such
1057business organizations, such act constitutes prima facie
1058evidence of an intent to evade the provisions of this part.
1059     (f)  Acting in the capacity of a contractor under any
1060certificate or registration issued hereunder except in the name
1061of the certificateholder or registrant as set forth on the
1062issued certificate or registration, or in accordance with the
1063personnel of the certificateholder or registrant as set forth in
1064the application for the certificate or registration, or as later
1065changed as provided in this part.
1066     (g)  Committing mismanagement or misconduct in the practice
1067of contracting that causes financial harm to a customer.
1068Financial mismanagement or misconduct occurs when:
1069     1.  Valid liens have been recorded against the property of
1070a contractor's customer for supplies or services ordered by the
1071contractor for the customer's job; the contractor has received
1072funds from the customer to pay for the supplies or services; and
1073the contractor has not had the liens removed from the property,
1074by payment or by bond, within 75 days after the date of such
1075liens;
1076     2.  The contractor has abandoned a customer's job and the
1077percentage of completion is less than the percentage of the
1078total contract price paid to the contractor as of the time of
1079abandonment, unless the contractor is entitled to retain such
1080funds under the terms of the contract or refunds the excess
1081funds within 30 days after the date the job is abandoned; or
1082     3.  The contractor's job has been completed, and it is
1083shown that the customer has had to pay more for the contracted
1084job than the original contract price, as adjusted for subsequent
1085change orders, unless such increase in cost was the result of
1086circumstances beyond the control of the contractor, was the
1087result of circumstances caused by the customer, or was otherwise
1088permitted by the terms of the contract between the contractor
1089and the customer.
1090     (h)  Being disciplined by any municipality or county for an
1091act or violation of this part.
1092     (i)  Failing in any material respect to comply with the
1093provisions of this part or violating a rule or lawful order of
1094the board.
1095     (j)  Abandoning a construction project in which the
1096contractor is engaged or under contract as a contractor. A
1097project may be presumed abandoned after 90 days if the
1098contractor terminates the project without just cause or without
1099proper notification to the owner, including the reason for
1100termination, or fails to perform work without just cause for 90
1101consecutive days.
1102     (k)  Signing a statement with respect to a project or
1103contract falsely indicating that the work is bonded; falsely
1104indicating that payment has been made for all subcontracted
1105work, labor, and materials which results in a financial loss to
1106the owner, purchaser, or contractor; or falsely indicating that
1107workers' compensation and public liability insurance are
1108provided.
1109     (l)  Committing fraud or deceit in the practice of
1110contracting.
1111     (m)  Committing incompetency or misconduct in the practice
1112of contracting.
1113     (n)  Committing gross negligence, repeated negligence, or
1114negligence resulting in a significant danger to life or
1115property.
1116     (o)  Proceeding on any job without obtaining applicable
1117local building department permits and inspections.
1118     (p)  Intimidating, threatening, coercing, or otherwise
1119discouraging the service of a notice to owner under part I of
1120chapter 713 or a notice to contractor under chapter 255 or part
1121I of chapter 713.
1122     (q)  Failing to satisfy within a reasonable time, the terms
1123of a civil judgment obtained against the licensee, or the
1124business organization qualified by the licensee, relating to the
1125practice of the licensee's profession.
1126
1127For the purposes of this subsection, construction is considered
1128to be commenced when the contract is executed and the contractor
1129has accepted funds from the customer or lender. A contractor
1130does not commit a violation of this subsection when the
1131contractor relies on a building code interpretation rendered by
1132a building official or person authorized by s. 553.80 to enforce
1133the building code, absent a finding of fraud or deceit in the
1134practice of contracting, or gross negligence, repeated
1135negligence, or negligence resulting in a significant danger to
1136life or property on the part of the building official, in a
1137proceeding under chapter 120.
1138     (5)  The board may not reinstate the certification or,
1139registration, or certificate of authority of, or cause a
1140certificate or, registration, or certificate of authority to be
1141issued to, a person who or business organization which the board
1142has determined is unqualified or whose certificate or,
1143registration, or certificate of authority the board has
1144suspended until it is satisfied that such person or business
1145organization has complied with all the terms and conditions set
1146forth in the final order and is capable of competently engaging
1147in the business of contracting.
1148     (7)  The board shall not issue or renew a certificate or,
1149registration, or certificate of authority to any person or
1150business organization that has been assessed a fine, interest,
1151or costs associated with investigation and prosecution, or has
1152been ordered to pay restitution, until such fine, interest, or
1153costs associated with investigation and prosecution or
1154restitution are paid in full or until all terms and conditions
1155of the final order have been satisfied.
1156     Section 28.  Subsection (5) of section 489.132, Florida
1157Statutes, is amended to read:
1158     489.132  Prohibited acts by unlicensed principals;
1159investigation; hearing; penalties.--
1160     (5)  The department may suspend, revoke, or deny issuance
1161or renewal of a certificate or, registration, or certificate of
1162authority for any individual or business organization that
1163associates a person as an officer, director, or partner, or in a
1164managerial or supervisory capacity, after such person has been
1165found under a final order to have violated this section or was
1166an officer, director, partner, trustee, or manager of a business
1167organization disciplined by the board by revocation, suspension,
1168or fine in excess of $2,500, upon finding reasonable cause that
1169such person knew or reasonably should have known of the conduct
1170leading to the discipline.
1171     Section 29.  Subsection (1) of section 489.1455, Florida
1172Statutes, is amended to read:
1173     489.1455  Journeyman; reciprocity; standards.--
1174     (1)  An individual who holds a valid, active journeyman
1175license in the plumbing/pipe fitting, mechanical, or HVAC trades
1176issued by any county or municipality in this state may work as a
1177journeyman in the trade in which he or she is licensed in any
1178county or municipality of this state without taking an
1179additional examination or paying an additional license fee, if
1180he or she:
1181     (a)  Has scored at least 70 percent, or after October 1,
11821997, at least 75 percent, on a proctored journeyman Block and
1183Associates examination or other proctored examination approved
1184by the board for the trade in which he or she is licensed;
1185     (b)  Has completed an apprenticeship program registered
1186with the Department of Labor and Employment Security and
1187demonstrates 4 years' verifiable practical experience in the
1188trade for which he or she is licensed, or demonstrates 6 years'
1189verifiable practical experience in the trade for which he or she
1190is licensed;
1191     (c)  Has satisfactorily completed specialized and advanced
1192module coursework approved by the Florida Building Commission,
1193as part of the Building Code Training Program established in s.
1194553.841, specific to the discipline, and successfully completed
1195the program's core curriculum courses or passed an equivalency
1196test in lieu of taking the core curriculum courses and provided
1197proof of completion of such curriculum courses or examination
1198and obtained a certificate from the board pursuant to this part
1199or, pursuant to authorization by the certifying authority,
1200provides proof of completion of such curriculum or coursework
1201within 6 months after such certification; and
1202     (d)  Has not had a license suspended or revoked within the
1203last 5 years.
1204     Section 30.  Subsection (19) of section 489.505, Florida
1205Statutes, is amended to read:
1206     489.505  Definitions.--As used in this part:
1207     (19)  "Specialty contractor" means a contractor whose scope
1208of practice is limited to a specific segment of electrical or
1209alarm system contracting established in a category adopted by
1210board rule, including, but not limited to, residential
1211electrical contracting, maintenance of electrical fixtures, and
1212fabrication, erection, installation, and maintenance of
1213electrical advertising signs together with the interrelated
1214parts and supports thereof. Categories of specialty contractor
1215shall be established by board rule.
1216     Section 31.  Subsections (5), (6), and (7) of section
1217489.513, Florida Statutes, are amended to read:
1218     489.513  Registration; application; requirements.--
1219     (5)  Registration permits the registrant to engage in
1220contracting only in the area and for the type of work covered by
1221the registration, unless local licenses are issued for other
1222areas and types of work or unless certification is obtained.
1223When a registrant desires to register in an additional area of
1224the state, he or she shall first comply with any local
1225requirements of that area and then file a request with the
1226department, together with evidence of holding a current
1227occupational license or license issued by the county or
1228municipality for the area or areas in which he or she desires to
1229be registered, whereupon his or her evidence of registration
1230shall be endorsed by the department to reflect valid
1231registration for the new area or areas.
1232     (6)  The local jurisdictions are shall be responsible for
1233providing the following information to the board within 30 days
1234after licensure of, or any disciplinary action against, a
1235locally licensed contractor who is registered under this part:
1236     (a)  Licensure information.,
1237     (b)  Code violation information pursuant to s. 553.781.,
1238and
1239     (c)  Disciplinary information. on locally licensed
1240individuals to the board within 30 days after licensure or any
1241disciplinary action, and
1242
1243The board shall maintain such licensure and disciplinary
1244information as it is provided to the board them, and shall make
1245the such information available through the automated information
1246system provided pursuant to s. 455.2286.
1247     (7)  In order to establish uniformity among the job scopes
1248established by local jurisdictions, the board shall, by rule,
1249establish the job scope for any licensure category registered by
1250the board under this part. The board shall not arbitrarily limit
1251such scopes and shall restrict the job scopes only to the
1252minimum extent necessary to ensure uniformity.
1253     Section 32.  Subsection (3) of section 489.516, Florida
1254Statutes, is amended to read:
1255     489.516  Qualifications to practice; restrictions;
1256prerequisites.--
1257     (3)  When a certificateholder desires to engage in
1258contracting in any area of the state, as a prerequisite
1259therefor, he or she shall only be required to exhibit to the
1260local building official, tax collector, or other authorized
1261person in charge of the issuance of licenses and building or
1262electrical permits in the area evidence of holding a current
1263certificate and a current business tax receipt issued by the
1264jurisdiction in which the certificateholder's principal place of
1265business is located, and having paid to pay the fee for the
1266occupational license and permit required of other persons.
1267However, a local construction regulation board may deny the
1268issuance of an electrical permit to a certified contractor, or
1269issue a permit with specific conditions, if the local
1270construction regulation board has found such contractor, through
1271the public hearing process, to be guilty of fraud or a willful
1272building code violation within the county or municipality that
1273the local construction regulation board represents, or if the
1274local construction regulation board has proof that such
1275contractor, through the public hearing process, has been found
1276guilty, in another county or municipality within the past 12
1277months, of fraud or a willful building code violation and finds,
1278after providing notice to the contractor, that such fraud or
1279violation would have been fraud or a violation if committed in
1280the county or municipality that the local construction board
1281represents. Notification of and information concerning such
1282permit denial shall be submitted to the Department of Business
1283and Professional Regulation within 15 days after the local
1284construction regulation board decides to deny the permit.
1285     Section 33.  Subsection (3) of section 489.517, Florida
1286Statutes, is amended to read:
1287     489.517  Renewal of certificate or registration; continuing
1288education.--
1289     (3)(a)  Each certificateholder or registrant shall provide
1290proof, in a form established by rule of the board, that the
1291certificateholder or registrant has completed at least 14
1292classroom hours of at least 50 minutes each of continuing
1293education courses during each biennium since the issuance or
1294renewal of the certificate or registration. The board shall by
1295rule establish criteria for the approval of continuing education
1296courses and providers and may by rule establish criteria for
1297accepting alternative nonclassroom continuing education on an
1298hour-for-hour basis.
1299     (b)  Each certificateholder or registrant shall provide to
1300the board proof of completion of the core curriculum courses or
1301passing the equivalency test of the Building Code Training
1302Program established under s. 553.841, specific to the licensing
1303category sought, within 2 years after commencement of the
1304program or of initial certification or registration, whichever
1305is later. Classroom hours spent taking core curriculum courses
1306shall count toward the number required for renewal of
1307certificate or registration. A certificateholder or registrant
1308who passes the equivalency test in lieu of taking the core
1309curriculum courses shall receive full credit for core curriculum
1310course hours.
1311     Section 34.  Subsection (6) of section 489.521, Florida
1312Statutes, is amended to read:
1313     489.521  Business organizations; qualifying agents.--
1314     (6)  When a business organization qualified to engage in
1315contracting makes application for a business tax receipt an
1316occupational license in any municipality or county of this
1317state, the application shall be made with the tax collector in
1318the name of the business organization, and the business tax
1319receipt license, when issued, shall be issued to the business
1320organization upon payment of the appropriate licensing fee and
1321exhibition to the tax collector of a valid certificate issued by
1322the department.
1323     Section 35.  Section 489.5315, Florida Statutes, is amended
1324to read:
1325     489.5315  Proprietary electrical or alarm
1326contractors.--Businesses that obtain an electrical or burglar
1327alarm system license to work only on their own equipment, and
1328that do not offer electrical or alarm contracting services to
1329the public, are not electrical or burglar alarm system
1330contracting businesses and do not have to obtain a business tax
1331receipt an occupational license in addition to any they are
1332otherwise required to have.
1333     Section 36.  Effective upon this act becoming a law,
1334paragraph (a) of subsection (1) of section 489.532, Florida
1335Statutes, is amended to read:
1336     489.532  Contracts entered into by unlicensed contractors
1337unenforceable.--
1338     (1)  As a matter of public policy, contracts entered into
1339on or after October 1, 1990, by an unlicensed contractor shall
1340be unenforceable in law or in equity by the unlicensed
1341contractor.
1342     (a)  For purposes of this section, an individual is
1343unlicensed if the individual does not have a license required by
1344this part concerning the scope of the work to be performed under
1345the contract. A business organization is unlicensed if the
1346business organization does not have a primary or secondary
1347qualifying agent in accordance with this part concerning the
1348scope of the work to be performed under the contract. For
1349purposes of this section, if a no state or local license is not
1350required for the scope of work to be performed under the
1351contract, the individual performing that work is shall not be
1352considered unlicensed.
1353     Section 37.  Paragraph (b) of subsection (3) of section
1354489.537, Florida Statutes, is amended to read:
1355     489.537  Application of this part.--
1356     (3)  Nothing in this act limits the power of a municipality
1357or county:
1358     (b)  To collect fees for business tax receipts occupational
1359licenses and inspections for engaging in contracting or
1360examination fees from persons who are registered with the local
1361boards pursuant to local examination requirements.
1362     Section 38.  Section 509.233, Florida Statutes, is amended
1363to read:
1364     509.233  Public food service establishment requirements;
1365local exemption for dogs in designated outdoor portions; pilot
1366program.--
1367     (1)  INTENT.--It is the intent of the Legislature by this
1368section to establish a 3-year pilot program for local
1369governments to allow patrons' dogs within certain designated
1370outdoor portions of public food service establishments.
1371     (1)(2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
1372509.032(7), the governing body of a local government may
1373participating in the pilot program is authorized to establish,
1374by ordinance, a local exemption procedure to certain provisions
1375of the Food and Drug Administration Food Code, as currently
1376adopted by the division, in order to allow patrons' dogs within
1377certain designated outdoor portions of public food service
1378establishments.
1379     (2)(3)  LOCAL DISCRETION; CODIFICATION.--
1380     (a)  The adoption of the local exemption procedure shall be
1381at the sole discretion of the governing body of a participating
1382local government. Nothing in this section shall be construed to
1383require or compel a local governing body to adopt an ordinance
1384pursuant to this section.
1385     (b)  Any ordinance adopted pursuant to this section shall
1386provide for codification within the land development code of a
1387participating local government.
1388     (3)(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
1389     (a)  Any local exemption procedure adopted pursuant to this
1390section shall only provide a variance to those portions of the
1391currently adopted Food and Drug Administration Food Code in
1392order to allow patrons' dogs within certain designated outdoor
1393portions of public food service establishments.
1394     (b)  In order to protect the health, safety, and general
1395welfare of the public, the local exemption procedure shall
1396require participating public food service establishments to
1397apply for and receive a permit from the governing body of the
1398local government before allowing patrons' dogs on their
1399premises. The local government shall require from the applicant
1400such information as the local government deems reasonably
1401necessary to enforce the provisions of this section, but shall
1402require, at a minimum, the following information:
1403     1.  The name, location, and mailing address of the public
1404food service establishment.
1405     2.  The name, mailing address, and telephone contact
1406information of the permit applicant.
1407     3.  A diagram and description of the outdoor area to be
1408designated as available to patrons' dogs, including dimensions
1409of the designated area; a depiction of the number and placement
1410of tables, chairs, and restaurant equipment, if any; the
1411entryways and exits to the designated outdoor area; the
1412boundaries of the designated area and of other areas of outdoor
1413dining not available for patrons' dogs; any fences or other
1414barriers; surrounding property lines and public rights-of-way,
1415including sidewalks and common pathways; and such other
1416information reasonably required by the permitting authority. The
1417diagram or plan shall be accurate and to scale but need not be
1418prepared by a licensed design professional.
1419     4.  A description of the days of the week and hours of
1420operation that patrons' dogs will be permitted in the designated
1421outdoor area.
1422     (c)  In order to protect the health, safety, and general
1423welfare of the public, the local exemption ordinance shall
1424include such regulations and limitations as deemed necessary by
1425the participating local government and shall include, but not be
1426limited to, the following requirements:
1427     1.  All public food service establishment employees shall
1428wash their hands promptly after touching, petting, or otherwise
1429handling dogs. Employees shall be prohibited from touching,
1430petting, or otherwise handling dogs while serving food or
1431beverages or handling tableware or before entering other parts
1432of the public food service establishment.
1433     2.  Patrons in a designated outdoor area shall be advised
1434that they should wash their hands before eating. Waterless hand
1435sanitizer shall be provided at all tables in the designated
1436outdoor area.
1437     3.  Employees and patrons shall be instructed that they
1438shall not allow dogs to come into contact with serving dishes,
1439utensils, tableware, linens, paper products, or any other items
1440involved in food service operations.
1441     4.  Patrons shall keep their dogs on a leash at all times
1442and shall keep their dogs under reasonable control.
1443     5.  Dogs shall not be allowed on chairs, tables, or other
1444furnishings.
1445     6.  All table and chair surfaces shall be cleaned and
1446sanitized with an approved product between seating of patrons.
1447Spilled food and drink shall be removed from the floor or ground
1448between seating of patrons.
1449     7.  Accidents involving dog waste shall be cleaned
1450immediately and the area sanitized with an approved product. A
1451kit with the appropriate materials for this purpose shall be
1452kept near the designated outdoor area.
1453     8.  A sign or signs reminding employees of the applicable
1454rules shall be posted on premises in a manner and place as
1455determined by the local permitting authority.
1456     9.  A sign or signs reminding patrons of the applicable
1457rules shall be posted on premises in a manner and place as
1458determined by the local permitting authority.
1459     10.  A sign or signs shall be posted in a manner and place
1460as determined by the local permitting authority that places the
1461public on notice that the designated outdoor area is available
1462for the use of patrons and patrons' dogs.
1463     11.  Dogs shall not be permitted to travel through indoor
1464or nondesignated outdoor portions of the public food service
1465establishment, and ingress and egress to the designated outdoor
1466portions of the public food service establishment must not
1467require entrance into or passage through any indoor area of the
1468food establishment.
1469     (d)  A permit issued pursuant to this section shall not be
1470transferred to a subsequent owner upon the sale of a public food
1471service establishment but shall expire automatically upon the
1472sale of the establishment. The subsequent owner shall be
1473required to reapply for a permit pursuant to this section if the
1474subsequent owner wishes to continue to accommodate patrons'
1475dogs.
1476     (4)(5)  POWERS; ENFORCEMENT.--Participating local
1477governments shall have such powers as are reasonably necessary
1478to regulate and enforce the provisions of this section.
1479     (5)(6)  STATE AND LOCAL COOPERATION.--The division shall
1480provide reasonable assistance to participating local governments
1481in the development of enforcement procedures and regulations,
1482and participating local governments shall monitor permitholders
1483for compliance in cooperation with the division. At a minimum,
1484participating local governments shall establish a procedure to
1485accept, document, and respond to complaints and to timely report
1486to the division all such complaints and the participating local
1487governments' enforcement responses to such complaints. A
1488participating local government shall provide the division with a
1489copy of all approved applications and permits issued, and the
1490participating local government shall require that all
1491applications, permits, and other related materials contain the
1492appropriate division-issued license number for each public food
1493service establishment.
1494     (7)  FUTURE REVIEW AND REPEAL.--This section shall expire
1495July 1, 2009, unless reviewed and saved from repeal through
1496reenactment by the Legislature.
1497     Section 39.  Subsections (8) through (22) of section
1498548.002, Florida Statutes, are renumbered as subsections (9)
1499through (23), respectively, and a new subsection (8) is added to
1500that section, to read:
1501     548.002  Definitions.--As used in this chapter, the term:
1502     (8)  "Event" means one or more matches comprising a show.
1503     Section 40.  Paragraph (k) of subsection (2) of section
1504548.003, Florida Statutes, is amended to read:
1505     548.003  Florida State Boxing Commission.--
1506     (2)  The Florida State Boxing Commission, as created by
1507subsection (1), shall administer the provisions of this chapter.
1508The commission has authority to adopt rules pursuant to ss.
1509120.536(1) and 120.54 to implement the provisions of this
1510chapter and to implement each of the duties and responsibilities
1511conferred upon the commission, including, but not limited to:
1512     (k)  Establishment of criteria for approval, disapproval,
1513suspension of approval, and revocation of approval of amateur
1514sanctioning organizations for amateur boxing, and kickboxing,
1515and mixed martial arts matches held in this state, including,
1516but not limited to, the health and safety standards the
1517organizations use before, during, and after the matches to
1518ensure the health, safety, and well-being of the amateurs
1519participating in the matches, including the qualifications and
1520numbers of health care personnel required to be present, the
1521qualifications required for referees, and other requirements
1522relating to the health, safety, and well-being of the amateurs
1523participating in the matches. The commission may adopt by rule,
1524or incorporate by reference into rule, the health and safety
1525standards of USA Boxing as the minimum health and safety
1526standards for an amateur boxing sanctioning organization, and
1527the health and safety standards of the International Sport
1528Kickboxing Association as the minimum health and safety
1529standards for an amateur kickboxing sanctioning organization,
1530and the minimum health and safety standards for an amateur mixed
1531martial arts sanctioning organization. The commission shall
1532review its rules for necessary revision at least every 2 years
1533and may adopt by rule, or incorporate by reference into rule,
1534the then-existing current health and safety standards of USA
1535Boxing and the International Sport Kickboxing Association. The
1536commission may adopt emergency rules to administer this
1537paragraph.
1538     Section 41.  For the purpose of incorporating the amendment
1539made by this act to subsection (1) of section 455.227, Florida
1540Statutes, in a reference thereto, paragraph (a) of subsection
1541(2) of section 468.436, Florida Statutes, is reenacted to read:
1542     468.436  Disciplinary proceedings.--
1543     (2)  The following acts constitute grounds for which the
1544disciplinary actions in subsection (4) may be taken:
1545     (a)  Violation of any provision of s. 455.227(1).
1546     Section 42.  For the purpose of incorporating the amendment
1547made by this act to subsection (1) of section 455.227, Florida
1548Statutes, in a reference thereto, paragraph (a) of subsection
1549(1) of section 468.832, Florida Statutes, is reenacted to read:
1550     468.832  Disciplinary proceedings.--
1551     (1)  The following acts constitute grounds for which the
1552disciplinary actions in subsection (2) may be taken:
1553     (a)  Violation of any provision of this part or s.
1554455.227(1);
1555     Section 43.  For the purpose of incorporating the amendment
1556made by this act to subsection (1) of section 455.227, Florida
1557Statutes, in a reference thereto, paragraph (a) of subsection
1558(1) of section 468.842, Florida Statutes, is reenacted to read:
1559     468.842  Disciplinary proceedings.--
1560     (1)  The following acts constitute grounds for which the
1561disciplinary actions in subsection (2) may be taken:
1562     (a)  Violation of any provision of this part or s.
1563455.227(1);
1564     Section 44.  For the purpose of incorporating the amendment
1565made by this act to subsection (1) of section 455.227, Florida
1566Statutes, in a reference thereto, paragraph (a) of subsection
1567(1) of section 471.033, Florida Statutes, is reenacted to read:
1568     471.033  Disciplinary proceedings.--
1569     (1)  The following acts constitute grounds for which the
1570disciplinary actions in subsection (3) may be taken:
1571     (a)  Violating any provision of s. 455.227(1), s. 471.025,
1572or s. 471.031, or any other provision of this chapter or rule of
1573the board or department.
1574     Section 45.  For the purpose of incorporating the amendment
1575made by this act to section (1) of section 455.227, Florida
1576Statutes, in a reference thereto, paragraph (a) of subsection
1577(1) of section 472.033, Florida Statutes, is reenacted to read:
1578     472.033  Disciplinary proceedings.--
1579     (1)  The following acts constitute grounds for which the
1580disciplinary actions in subsection (2) may be taken:
1581     (a)  Violation of any provision of s. 472.031 or s.
1582455.227(1);
1583     Section 46.  For the purpose of incorporating the amendment
1584made by this act to subsection (1) of section 455.227, Florida
1585Statutes, in a reference thereto, paragraph (a) of subsection
1586(1) of section 473.323, Florida Statutes, is reenacted to read:
1587     473.323  Disciplinary proceedings.--
1588     (1)  The following acts constitute grounds for which the
1589disciplinary actions in subsection (3) may be taken:
1590     (a)  Violation of any provision of s. 455.227(1) or any
1591other provision of this chapter.
1592     Section 47.  For the purpose of incorporating the amendment
1593made by this act to subsection (1) of section 455.227, Florida
1594Statutes, in a reference thereto, paragraph (a) of subsection
1595(1) of section 475.25, Florida Statutes, is reenacted to read:
1596     475.25  Discipline.--
1597     (1)  The commission may deny an application for licensure,
1598registration, or permit, or renewal thereof; may place a
1599licensee, registrant, or permittee on probation; may suspend a
1600license, registration, or permit for a period not exceeding 10
1601years; may revoke a license, registration, or permit; may impose
1602an administrative fine not to exceed $5,000 for each count or
1603separate offense; and may issue a reprimand, and any or all of
1604the foregoing, if it finds that the licensee, registrant,
1605permittee, or applicant:
1606     (a)  Has violated any provision of s. 455.227(1) or s.
1607475.42. However, licensees under this part are exempt from the
1608provisions of s. 455.227(1)(i).
1609     Section 48.  For the purpose of incorporating the amendment
1610made by this act to subsection (1) of section 455.227, Florida
1611Statutes, in a reference thereto, subsection (1) of section
1612475.624, Florida Statutes, is reenacted to read:
1613     475.624  Discipline.--The board may deny an application for
1614registration or certification; may investigate the actions of
1615any appraiser registered, licensed, or certified under this
1616part; may reprimand or impose an administrative fine not to
1617exceed $5,000 for each count or separate offense against any
1618such appraiser; and may revoke or suspend, for a period not to
1619exceed 10 years, the registration, license, or certification of
1620any such appraiser, or place any such appraiser on probation, if
1621it finds that the registered trainee, licensee, or
1622certificateholder:
1623     (1)  Has violated any provisions of this part or s.
1624455.227(1); however, certificateholders, registrants, and
1625licensees under this part are exempt from the provisions of s.
1626455.227(1)(i).
1627     Section 49.  For the purpose of incorporating the amendment
1628made by this act to subsection (1) of section 455.227, Florida
1629Statutes, in a reference thereto, paragraph (h) of subsection
1630(1) of section 476.204, Florida Statutes, is reenacted to read:
1631     476.204  Penalties.--
1632     (1)  It is unlawful for any person to:
1633     (h)  Violate any provision of s. 455.227(1), s. 476.194, or
1634s. 476.214.
1635     Section 50.  For the purpose of incorporating the amendment
1636made by this act to subsection (1) of section 455.227, Florida
1637Statutes, in a reference thereto, paragraph (h) of subsection
1638(1) of section 477.029, Florida Statutes, is reenacted to read:
1639     477.029  Penalty.--
1640     (1)  It is unlawful for any person to:
1641     (h)  Violate any provision of s. 455.227(1), s. 477.0265,
1642or s. 477.028.
1643     Section 51.  For the purpose of incorporating the amendment
1644made by this act to subsection (1) of section 455.227, Florida
1645Statutes, in a reference thereto, paragraph (a) of subsection
1646(1) of section 481.225, Florida Statutes, is reenacted to read:
1647     481.225  Disciplinary proceedings against registered
1648architects.--
1649     (1)  The following acts constitute grounds for which the
1650disciplinary actions in subsection (3) may be taken:
1651     (a)  Violating any provision of s. 455.227(1), s. 481.221,
1652or s. 481.223, or any rule of the board or department lawfully
1653adopted pursuant to this part or chapter 455.
1654     Section 52.  For the purpose of incorporating the amendment
1655made by this act to subsection (1) of section 455.227, Florida
1656Statutes, in a reference thereto, paragraph (a) of subsection
1657(1) of section 481.325, Florida Statutes, is reenacted to read:
1658     481.325  Disciplinary proceedings.--
1659     (1)  The following acts constitute grounds for which the
1660disciplinary actions in subsection (3) may be taken:
1661     (a)  Violation of any provision of s. 455.227(1), s.
1662481.321, or s. 481.323.
1663     Section 53.  Section 509.201, Florida Statutes, is
1664repealed.
1665     Section 54.  Effective upon this act becoming a law, the
1666amendments made by this act to ss. 489.128(1)(a) and
1667489.532(1)(a), Florida Statutes, shall apply retroactively to
1668contracts entered into on or after October 1, 2000, and shall
1669apply retroactively to all actions pending when this act becomes
1670a law.
1671     Section 55.  Except as otherwise expressly provided in this
1672act, this act shall take effect October 1, 2009.


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