August 14, 2020
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CS/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. 468.402, F.S.; providing for
18certain disciplinary action against a talent agency for
19revocation, suspension, or denial of the agency's license
20in any jurisdiction; amending s. 468.403, F.S.;
21prohibiting certain acts by persons who are not licensed
22as a talent agency; amending s. 468.409, F.S.; requiring
23certain records kept by a talent agency to be readily
24available for inspection by the department; requiring
25copies of the records to be provided to the department in
26a specified manner; amending s. 468.410, F.S.; specifying
27the time by which a talent agency must give an applicant
28for the agency's registration or employment services a
29copy of the contract for those services; amending s.
30468.412, F.S.; requiring a talent agency to advise an
31artist, in writing, of certain rights relating to
32contracts for employment; specifying that an engagement
33procured by a talent agency during a specified period
34remains commissionable to the agency; limiting a
35prohibition against division of fees by a talent agency to
36circumstances in which the artist does not give written
37consent; providing a definition; authorizing a talent
38agency to assign an engagement contract to another agency
39under certain circumstances; amending s. 468.413, F.S.;
40increasing the penalty that the department may assess
41against a talent agency that violates certain provisions
42of law; amending s. 468.609, F.S.; deleting a requirement
43that applicants for building code administrator
44certification complete a certain core curriculum before
45taking the certification examination; amending ss. 468.627
46and 471.0195, F.S.; deleting provisions requiring building
47code administrator and inspector certificateholders and
48engineer licensees to complete a certain core curriculum
49or pass an equivalency test of the Florida Building Code
50Compliance and Mitigation Program; amending s. 473.305,
51F.S.; deleting an examination late filing fee applicable
52to certified public accountant examinees; amending s.
53473.311, F.S.; deleting a provision requiring passage of a
54rules examination for renewal of license as a certified
55public accountant; amending s. 473.313, F.S.; deleting a
56provision requiring passage of an examination as a
57condition for reactivation of an inactive license as a
58certified public accountant; amending s. 475.175, F.S.;
59deleting the option to submit a notarized application for
60a real estate broker or sales associate license; amending
61s. 475.451, F.S.; limiting the attorney exemption from
62continuing education requirements to attorneys in good
63standing with The Florida Bar; amending s. 475.615, F.S.;
64deleting a requirement that an application for a real
65estate appraiser certification be notarized; amending ss.
66476.134 and 476.144, F.S.; requiring a written examination
67for a barbering license; deleting provisions for a
68practical examination for barbering license applicants;
69amending ss. 481.215 and 481.313, F.S.; deleting
70provisions requiring architect, interior designer, and
71landscape architect licensees to complete a certain core
72curriculum or pass an equivalency test of the Florida
73Building Code Compliance and Mitigation Program; amending
74s. 489.103, F.S.; revising a disclosure statement that a
75local permitting agency must provide to property owners
76who apply for building permits and claim certain
77exemptions from provisions regulating construction
78contracting; amending s. 489.105, F.S.; revising the term
79"specialty contractor" to require that the scope of work
80and responsibility of a specialty contractor be
81established in a category of construction contracting
82adopted by rule of the Construction Industry Licensing
83Board; amending s. 489.109, F.S.; establishing fees for
84registration or certification to qualify a business
85organization for contracting; deleting provisions relating
86to a business organization's certificate of authority to
87conform to changes made by the act; amending s. 489.114,
88F.S.; deleting provisions relating to a business
89organization's certificate of authority to conform to
90changes made by the act; amending s. 489.115, F.S.;
91deleting provisions requiring construction contractor
92certificateholders and registrants to complete a certain
93core curriculum or pass an equivalency test of the Florida
94Building Code Compliance and Mitigation Program; amending
95s. 489.117, F.S.; revising requirements for the
96registration of certain contractors; deleting provisions
97requiring a contractor applicant to submit proof of a
98local occupational license; specifying circumstances under
99which a specialty contractor holding a local license is
100not required to register with the board; deleting
101provisions for the issuance of tracking registrations to
102certain contractors who are not eligible for registration
103as specialty contractors; limiting the licensing and
104disciplinary actions that local jurisdictions must report
105to the board to certain actions of registered contractors;
106deleting provisions requiring the board to establish
107uniform job scopes for any construction contracting
108license category; amending s. 489.119, F.S.; deleting
109provisions for the issuance of a certificate of authority
110to a business organization for contracting; requiring a
111contractor to apply for registration or certification to
112qualify a business organization as the qualifying agent;
113authorizing the board to deny a registration or
114certification to qualify a business organization under
115certain circumstances; providing application procedures
116and requirements for the issuance of a business tax
117receipt to a business organization; deleting provisions
118for the issuance of an occupational license to a business
119organization; authorizing a local government to impose
120fines against certified or registered contractors under
121certain circumstances; requiring the qualifying agent of a
122business organization to present certain evidence to the
123board; providing that the board has discretion to approve
124a business organization; amending s. 489.127, F.S.;
125deleting provisions relating to a business organization's
126certificate of authority for contracting to conform to
127changes made by the act; amending s. 489.128, F.S.;
128revising the circumstances under which a person is
129considered an unlicensed contractor; deleting provisions
130relating to a business organization's certificate of
131authority for contracting to conform to changes made by
132the act; amending ss. 489.129 and 489.132, F.S.; deleting
133provisions relating to a business organization's
134certificate of authority for contracting to conform to
135changes made by the act; amending s. 489.1455, F.S.;
136deleting provisions requiring certain journeymen licensees
137to complete a certain core curriculum or pass an
138equivalency test of the Florida Building Code Compliance
139and Mitigation Program; amending s. 489.505, F.S.;
140revising the term "specialty contractor" to require that
141the scope of practice of a specialty contractor be
142established in a category of electrical or alarm system
143contracting adopted by rule of the Electrical Contractors'
144Licensing Board; amending s. 489.513, F.S.; deleting a
145requirement that the local license required for an
146electrical or alarm system contractor be an occupational
147license; limiting the licensing and disciplinary actions
148that local jurisdictions must report to the board to
149certain actions of registered contractors; deleting
150provisions requiring the board to establish uniform job
151scopes for any electrical and alarm system contracting
152license category; amending s. 489.516, F.S.; authorizing
153local officials to require a contractor to obtain a
154business tax receipt; deleting provisions requiring a
155contractor to pay an occupational license fee; amending s.
156489.517, F.S.; deleting provisions requiring electrical
157and alarm system contractor certificateholders and
158registrants to complete a certain core curriculum or pass
159an equivalency test of the Florida Building Code
160Compliance and Mitigation Program; amending s. 489.521,
161F.S.; providing application procedures and requirements
162for the issuance of a business tax receipt to a business
163organization; deleting provisions for the issuance of an
164occupational license to a business organization; amending
165s. 489.5315, F.S.; specifying that certain electrical or
166alarm system contractors are not required to obtain a
167business tax receipt; deleting a provision exempting
168certain contractors from requirements for an occupational
169license to conform to changes made by the act; amending s.
170489.532, F.S.; revising the circumstances under which a
171person is considered an unlicensed electrical or alarm
172system contractor; amending s. 489.537, F.S.; authorizing
173a county or municipality to collect fees for business tax
174receipts from electrical and alarm system contractors;
175deleting a provision authorizing the collection of
176occupational license fees; amending s. 509.233, F.S.;
177authorizing local governments to establish, by ordinance,
178local exemption procedures to allow patrons' dogs within
179certain designated outdoor portions of public food service
180establishments; deleting provisions for a pilot program
181that limits the authority for such local exemption
182procedures to a specified time; deleting a provision that
183provides for the future review and repeal of such pilot
184program; amending s. 548.002, F.S.; defining the term
185"event" for regulation of pugilistic exhibitions; amending
186s. 548.003, F.S.; authorizing the Florida State Boxing
187Commission to adopt criteria for the approval of certain
188amateur sanctioning organizations; authorizing the
189commission to adopt health and safety standards for
190amateur mixed martial arts; reenacting ss. 468.436(2)(a),
191468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
192472.033(1)(a), 473.323(1)(a), 475.25(1)(a), 475.624(1),
193476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
194481.325(1)(a), F.S., relating to the discipline of
195community association managers or firms, home inspectors,
196mold assessors and remediators, engineers, surveyors and
197mappers, certified public accountants and accounting
198firms, real estate brokers and sales associates, real
199estate appraisers, barbers, cosmetologists, architects,
200and landscape architects, to incorporate the amendment
201made to s. 455.227, F.S., in references thereto; repealing
202s. 509.201, F.S., relating to posting and advertising the
203room rates of a public lodging establishment and related
204penalties; providing for retroactive application;
205providing effective dates.
206
207Be It Enacted by the Legislature of the State of Florida:
208
209     Section 1.  Subsection (1) of section 455.213, Florida
210Statutes, is amended to read:
211     455.213  General licensing provisions.--
212     (1)  Any person desiring to be licensed shall apply to the
213department in writing. The application for licensure shall be
214submitted made on a form prescribed prepared and furnished by
215the department and must include the applicant's social security
216number. Notwithstanding any other provision of law, the
217department is the sole authority for determining the contents of
218any documents to be submitted for initial licensure and
219licensure renewal. Such documents may contain information
220including, as appropriate: demographics, education, work
221history, personal background, criminal history, finances,
222business information, complaints, inspections, investigations,
223discipline, bonding, signature notarization, photographs,
224performance periods, reciprocity, local government approvals,
225supporting documentation, periodic reporting requirements,
226fingerprint requirements, continuing education requirements, and
227ongoing education monitoring. The application shall be
228supplemented as needed to reflect any material change in any
229circumstance or condition stated in the application which takes
230place between the initial filing of the application and the
231final grant or denial of the license and which might affect the
232decision of the department. In order to further the economic
233development goals of the state, and notwithstanding any law to
234the contrary, the department may enter into an agreement with
235the county tax collector for the purpose of appointing the
236county tax collector as the department's agent to accept
237applications for licenses and applications for renewals of
238licenses. The agreement must specify the time within which the
239tax collector must forward any applications and accompanying
240application fees to the department. In cases where a person
241applies or schedules directly with a national examination
242organization or examination vendor to take an examination
243required for licensure, any organization- or vendor-related fees
244associated with the examination may be paid directly to the
245organization or vendor. An application is received for purposes
246of s. 120.60 upon the department's receipt of the application
247submitted in the format prescribed by the department; the
248application fee set by the board or, if there is no board, set
249by the department; and any other fee required by law or rule to
250be remitted with the application.
251     Section 2.  Paragraphs (t) and (u) are added to subsection
252(1) of section 455.227, Florida Statutes, to read:
253     455.227  Grounds for discipline; penalties; enforcement.--
254     (1)  The following acts shall constitute grounds for which
255the disciplinary actions specified in subsection (2) may be
256taken:
257     (t)  Failing to report in writing to the board or, if there
258is no board, to the department within 30 days after the licensee
259is convicted or found guilty of, or entered a plea of nolo
260contendere or guilty to, regardless of adjudication, a crime in
261any jurisdiction. A licensee must report a conviction, finding
262of guilt, plea, or adjudication entered before the effective
263date of this paragraph within 30 days after the effective date
264of this paragraph.
265     (u)  Termination from a treatment program for impaired
266practitioners as described in s. 456.076 for failure to comply,
267without good cause, with the terms of the monitoring or
268treatment contract entered into by the licensee or failing to
269successfully complete a drug or alcohol treatment program.
270     Section 3.  Section 455.2274, Florida Statutes, is created
271to read:
272     455.2274  Criminal proceedings against licensees;
273appearances by department representatives.--A representative of
274the department may voluntarily appear in a criminal proceeding
275brought against a person licensed by the department to practice
276a profession regulated by the state. The department's
277representative is authorized to furnish pertinent information,
278make recommendations regarding specific conditions of probation,
279and provide other assistance to the court necessary to promote
280justice or protect the public. The court may order a
281representative of the department to appear in a criminal
282proceeding if the crime charged is substantially related to the
283qualifications, functions, or duties of a license regulated by
284the department.
285     Section 4.  Paragraph (i) of subsection (1) of section
286468.402, Florida Statutes, is amended to read:
287     468.402  Duties of the department; authority to issue and
288revoke license; adoption of rules.--
289     (1)  The department may take any one or more of the actions
290specified in subsection (5) against any person who has:
291     (i)  Had a license to operate a talent agency revoked,
292suspended, or otherwise acted against, including, but not
293limited to, having been denied a license for good cause by the
294licensing authority of any another state, territory, or country.
295     Section 5.  Subsection (1) of section 468.403, Florida
296Statutes, is amended to read:
297     468.403  License requirements.--
298     (1)  A person may not own, operate, solicit business, or
299otherwise engage in or carry on the occupation of a talent
300agency in this state unless the such person first procures a
301license for the talent agency from the department. However, A
302license is not required for a person who acts as an agent for
303herself or himself, a family member, or exclusively for one
304artist. However, a person may not advertise or otherwise hold
305herself or himself out as a "talent agency" or "talent agent"
306unless the person is licensed under this section as a talent
307agency.
308     Section 6.  Section 468.409, Florida Statutes, is amended
309to read:
310     468.409  Records required to be kept.--Each talent agency
311shall keep on file the application, registration, or contract of
312each artist. In addition, such file must include the name and
313address of each artist, the amount of the compensation received,
314and all attempts to procure engagements for the artist. No such
315agency or employee thereof shall knowingly make any false entry
316in applicant files or receipt files. Each card or document in
317such files shall be preserved for a period of 1 year after the
318date of the last entry thereon. Records required under this
319section shall be readily available for inspection by the
320department during reasonable business hours at the talent
321agency's principal office. A talent agency must provide the
322department with true copies of the records in the manner
323prescribed by the department.
324     Section 7.  Subsection (3) of section 468.410, Florida
325Statutes, is amended to read:
326     468.410  Prohibition against registration fees; referral.--
327     (3)  A talent agency shall give each applicant a copy of a
328contract, within 24 hours after the contract's execution, which
329lists the services to be provided and the fees to be charged.
330The contract shall state that the talent agency is regulated by
331the department and shall list the address and telephone number
332of the department.
333     Section 8.  Subsections (5) and (8) of section 468.412,
334Florida Statutes, are amended, and subsection (11) is added to
335that section, to read:
336     468.412  Talent agency regulations; prohibited acts.--
337     (5)(a)  No talent agency may knowingly issue a contract for
338employment containing any term or condition which, if complied
339with, would be in violation of law, or attempt to fill an order
340for help to be employed in violation of law.
341     (b)  A talent agency must advise an artist, in writing,
342that the artist has a right to rescind a contract for employment
343within the first 3 business days after the contract's execution.
344Any engagement procured by the talent agency for the artist
345during the first 3 business days of the contract remains
346commissionable to the talent agency.
347     (8)  No talent agency, without the written consent of the
348artist, may divide fees with anyone, including, but not limited
349to, an agent or other employee of an employer, a buyer, a
350casting director, a producer, a director, or any venue that uses
351entertainment. For purposes of this subsection, to "divide fees"
352includes the sharing among two or more persons of those fees
353charged to an artist for services performed on behalf of that
354artist, the total amount of which fees exceeds the amount that
355would have been charged to the artist by the talent agency
356alone.
357     (11)  A talent agency may assign an engagement contract to
358another talent agency licensed in this state only if the artist
359agrees in writing to the assignment. The assignment must occur,
360and written notice of the assignment must be given to the
361artist, within 30 days after the artist agrees in writing to the
362assignment.
363     Section 9.  Subsection (4) of section 468.413, Florida
364Statutes, is amended to read:
365     468.413  Legal requirements; penalties.--
366     (4)  In the event the department or any state attorney
367shall have probable cause to believe that a talent agency or
368other person has violated any provision of subsection (1), an
369action may be brought by the department or any state attorney to
370enjoin such talent agency or any person from continuing such
371violation, or engaging therein or doing any acts in furtherance
372thereof, and for such other relief as to the court seems
373appropriate. In addition to this remedy, the department may
374assess a penalty against any talent agency or any person in an
375amount not to exceed $5,000 $1,000.
376     Section 10.  Paragraph (d) of subsection (3) of section
377468.609, Florida Statutes, is amended to read:
378     468.609  Administration of this part; standards for
379certification; additional categories of certification.--
380     (3)  A person may take the examination for certification as
381a building code administrator pursuant to this part if the
382person:
383     (d)  After the building code training program is
384established under s. 553.841, demonstrates successful completion
385of the core curriculum approved by the Florida Building
386Commission, appropriate to the licensing category sought.
387     Section 11.  Subsection (6) of section 468.627, Florida
388Statutes, is amended to read:
389     468.627  Application; examination; renewal; fees.--
390     (6)  Each certificateholder shall provide to the board
391proof of completion of the core curriculum courses of the
392building code training program established by s. 553.841, within
3932 years after commencement of the program. Each new
394certificateholder shall provide to the board proof of completion
395of the core curriculum courses of the building code training
396program established in s. 553.841 within the first 2-year period
397after initial licensure. Continuing education hours spent taking
398such core curriculum courses shall count toward the number
399required for license renewal.
400     Section 12.  Section 471.0195, Florida Statutes, is amended
401to read:
402     471.0195  Florida Building Code training for
403engineers.--All licensees actively participating in the design
404of engineering works or systems in connection with buildings,
405structures, or facilities and systems covered by the Florida
406Building Code shall take continuing education courses and submit
407proof to the board, at such times and in such manner as
408established by the board by rule, that the licensee has
409completed the core curriculum courses and any specialized or
410advanced courses on any portion of the Florida Building Code
411applicable to the licensee's area of practice or has passed the
412appropriate equivalency test of the Building Code Training
413Program as required by s. 553.841. The board shall record
414reported continuing education courses on a system easily
415accessed by code enforcement jurisdictions for evaluation when
416determining license status for purposes of processing design
417documents. Local jurisdictions shall be responsible for
418notifying the board when design documents are submitted for
419building construction permits by persons who are not in
420compliance with this section. The board shall take appropriate
421action as provided by its rules when such noncompliance is
422determined to exist.
423     Section 13.  Section 473.305, Florida Statutes, is amended
424to read:
425     473.305  Fees.--The board, by rule, may establish fees to
426be paid for applications, examination, reexamination, licensing
427and renewal, reinstatement, and recordmaking and recordkeeping.
428The fee for the examination shall be established at an amount
429that covers the costs for the procurement or development,
430administration, grading, and review of the examination. The fee
431for the examination is refundable if the applicant is found to
432be ineligible to sit for the examination. The fee for initial
433application is nonrefundable, and the combined fees for
434application and examination may not exceed $250 plus the actual
435per applicant cost to the department for purchase of the
436examination from the American Institute of Certified Public
437Accountants or a similar national organization. The biennial
438renewal fee may not exceed $250. The board may also establish,
439by rule, a reactivation fee, a late filing fee for the law and
440rules examination, and a delinquency fee not to exceed $50 for
441continuing professional education reporting forms. The board
442shall establish fees which are adequate to ensure the continued
443operation of the board and to fund the proportionate expenses
444incurred by the department which are allocated to the regulation
445of public accountants. Fees shall be based on department
446estimates of the revenue required to implement this chapter and
447the provisions of law with respect to the regulation of
448certified public accountants.
449     Section 14.  Subsection (1) of section 473.311, Florida
450Statutes, is amended to read:
451     473.311  Renewal of license.--
452     (1)  The department shall renew a license upon receipt of
453the renewal application and fee and upon certification by the
454board that the licensee has satisfactorily completed the
455continuing education requirements of s. 473.312 and has passed
456an examination approved by the board on chapter 455 and this
457chapter and the related administrative rules. However, each
458licensee must complete the requirements of s. 473.312(1)(c)
459prior to taking the examination.
460     Section 15.  Subsection (3) of section 473.313, Florida
461Statutes, is amended to read:
462     473.313  Inactive status.--
463     (3)  Any licensee holding an inactive license may be
464permitted to reactivate such license in a conditional manner.
465The conditions of reactivation shall require, in addition to the
466payment of fees, the passing of the examination approved by the
467board concerning chapter 455 and this chapter, and the related
468administrative rules, and the completion of required continuing
469education.
470     Section 16.  Paragraph (a) of subsection (1) of section
471475.175, Florida Statutes, is amended to read:
472     475.175  Examinations.--
473     (1)  A person shall be entitled to take the license
474examination to practice in this state if the person:
475     (a)  Submits to the department the appropriate notarized or
476electronically authenticated application and fee, and a
477fingerprint card. The fingerprint card shall be forwarded to the
478Division of Criminal Justice Information Systems within the
479Department of Law Enforcement for purposes of processing the
480fingerprint card to determine if the applicant has a criminal
481history record. The fingerprint card shall also be forwarded to
482the Federal Bureau of Investigation for purposes of processing
483the fingerprint card to determine if the applicant has a
484criminal history record. The information obtained by the
485processing of the fingerprint card by the Florida Department of
486Law Enforcement and the Federal Bureau of Investigation shall be
487sent to the department for the purpose of determining if the
488applicant is statutorily qualified for examination. Effective
489July 1, 2006, an applicant shall provide fingerprints in
490electronic format.
491     Section 17.  Subsection (6) of section 475.451, Florida
492Statutes, is amended to read:
493     475.451  Schools teaching real estate practice.--
494     (6)  Any course prescribed by the commission as a condition
495precedent to any person's becoming initially licensed as a sales
496associate may be taught in any real estate school through the
497use of a video tape of instruction by a currently permitted
498instructor from any such school or may be taught by distance
499learning pursuant to s. 475.17(2). The commission may require
500that any such video tape course have a single session of live
501instruction by a currently permitted instructor from any such
502school; however, this requirement shall not exceed 3 classroom
503hours. All other prescribed courses, except the continuing
504education course required by s. 475.182, shall be taught by a
505currently permitted school instructor personally in attendance
506at such course or by distance learning pursuant to s. 475.17.
507The continuing education course required by s. 475.182 may be
508taught by distance learning pursuant to s. 475.17 or by an
509equivalent correspondence course; however, any such
510correspondence course shall be required to have a final
511examination, prepared and administered by the school issuing the
512correspondence course. The continuing education requirements
513provided in this section or provided in any other section in
514this chapter do not apply with respect to an any attorney who is
515otherwise qualified under the provisions of this chapter and who
516is a member in good standing of The Florida Bar.
517     Section 18.  Subsection (5) of section 475.615, Florida
518Statutes, is amended to read:
519     475.615  Qualifications for registration or
520certification.--
521     (5)  At the time of filing an a notarized application for
522registration or certification, the applicant must sign a pledge
523to comply with the Uniform Standards of Professional Appraisal
524Practice upon registration or certification and must indicate in
525writing that she or he understands the types of misconduct for
526which disciplinary proceedings may be initiated. The application
527shall expire 1 year after the date received.
528     Section 19.  Subsection (1) of section 476.134, Florida
529Statutes, is amended to read:
530     476.134  Examinations.--
531     (1)  Examinations of applicants for licenses as barbers
532shall be offered not less than four times each year. The
533examination of applicants for licenses as barbers shall may
534include both a practical demonstration and a written test. The
535board shall have the authority to adopt rules with respect to
536the examination of applicants for licensure. The board may
537provide rules with respect to written or practical examinations
538in such manner as the board may deem fit.
539     Section 20.  Paragraph (b) of subsection (6) of section
540476.144, Florida Statutes, is amended to read:
541     476.144  Licensure.--
542     (6)  A person may apply for a restricted license to
543practice barbering. The board shall adopt rules specifying
544procedures for an applicant to obtain a restricted license if
545the applicant:
546     (b)  Passes a written examination on the laws and rules
547governing the practice of barbering in Florida, as established
548by the board, and a practical examination approved by the board.
549
550The restricted license shall limit the licensee's practice to
551those specific areas in which the applicant has demonstrated
552competence pursuant to rules adopted by the board.
553     Section 21.  Subsection (6) of section 481.215, Florida
554Statutes, is renumbered as subsection (5), and present
555subsection (5) of that section is amended to read:
556     481.215  Renewal of license.--
557     (5)  Each licensee shall provide to the board proof of
558completion of the core curriculum courses, or passing the
559equivalency test of the Building Code Training Program
560established by s. 553.841, within 2 years after commencement of
561the program or after initial licensure, whichever is later.
562Hours spent taking core curriculum courses shall count toward
563the number required for license renewal. A licensee who passes
564the equivalency test in lieu of taking the core curriculum
565courses shall receive full credit for such core curriculum
566course hours.
567     Section 22.  Subsection (6) of section 481.313, Florida
568Statutes, is renumbered as subsection (5), and present
569subsection (5) of that section is amended to read:
570     481.313  Renewal of license.--
571     (5)  Each licenseholder shall provide to the board proof of
572completion of the core curriculum courses, or passing the
573equivalency test of the Building Code Training Program
574established by s. 553.841, within 2 years after commencement of
575the program or of initial licensure, whichever is later. Hours
576spent taking core curriculum courses shall count toward the
577number required for license renewal. A licensee who passes the
578equivalency test in lieu of taking the core curriculum courses
579shall receive full credit for core curriculum course hours.
580     Section 23.  Subsection (7) of section 489.103, Florida
581Statutes, is amended to read:
582     489.103  Exemptions.--This part does not apply to:
583     (7)  Owners of property when acting as their own contractor
584and providing direct, onsite supervision themselves of all work
585not performed by licensed contractors:
586     (a)  When building or improving farm outbuildings or one-
587family or two-family residences on such property for the
588occupancy or use of such owners and not offered for sale or
589lease, or building or improving commercial buildings, at a cost
590not to exceed $75,000, on such property for the occupancy or use
591of such owners and not offered for sale or lease. In an action
592brought under this part, proof of the sale or lease, or offering
593for sale or lease, of any such structure by the owner-builder
594within 1 year after completion of same creates a presumption
595that the construction was undertaken for purposes of sale or
596lease.
597     (b)  When repairing or replacing wood shakes or asphalt or
598fiberglass shingles on one-family, two-family, or three-family
599residences for the occupancy or use of such owner or tenant of
600the owner and not offered for sale within 1 year after
601completion of the work and when the property has been damaged by
602natural causes from an event recognized as an emergency
603situation designated by executive order issued by the Governor
604declaring the existence of a state of emergency as a result and
605consequence of a serious threat posed to the public health,
606safety, and property in this state.
607
608This subsection does not exempt any person who is employed by or
609has a contract with such owner and who acts in the capacity of a
610contractor. The owner may not delegate the owner's
611responsibility to directly supervise all work to any other
612person unless that person is registered or certified under this
613part and the work being performed is within the scope of that
614person's license. For the purposes of this subsection, the term
615"owners of property" includes the owner of a mobile home
616situated on a leased lot. To qualify for exemption under this
617subsection, an owner must personally appear and sign the
618building permit application and must satisfy local permitting
619agency requirements, if any, proving that the owner has a
620complete understanding of the owner's obligations under the law
621as specified in the disclosure statement in this section. If any
622person violates the requirements of this subsection, the local
623permitting agency shall withhold final approval, revoke the
624permit, or pursue any action or remedy for unlicensed activity
625against the owner and any person performing work that requires
626licensure under the permit issued. The local permitting agency
627shall provide the person with a disclosure statement in
628substantially the following form:
629
630
DISCLOSURE STATEMENT
631
6321.  I understand that state law requires construction to
633be done by a licensed contractor and have applied for an
634owner-builder permit under an exemption from the law. The
635exemption specifies that I, as the owner of the property
636listed, may act as my own contractor with certain
637restrictions even though I do not have a license.
638
6392.  I understand that building permits are not required to
640be signed by a property owner unless he or she is
641responsible for the construction and is not hiring a
642licensed contractor to assume responsibility.
643
6443.  I understand that, as an owner-builder, I am the
645responsible party of record on a permit. I understand that
646I may protect myself from potential financial risk by
647hiring a licensed contractor and having the permit filed
648in his or her name instead of my own name. I also
649understand that a contractor is required by law to be
650licensed in Florida and to list his or her license numbers
651on permits and contracts.
652
6534.  I understand that I may build or improve a one-family
654or two-family residence or a farm outbuilding. I may also
655build or improve a commercial building if the costs do not
656exceed $75,000. The building or residence must be for my
657own use or occupancy. It may not be built or substantially
658improved for sale or lease. If a building or residence
659that I have built or substantially improved myself is sold
660or leased within 1 year after the construction is
661complete, the law will presume that I built or
662substantially improved it for sale or lease, which
663violates the exemption.
664
6655.  I understand that, as the owner-builder, I must
666provide direct, onsite supervision of the construction.
667
6686.  I understand that I may not hire an unlicensed person
669to act as my contractor or to supervise persons working on
670my building or residence. It is my responsibility to
671ensure that the persons whom I employ have the licenses
672required by law and by county or municipal ordinance.
673
6747.  I understand that it is a frequent practice of
675unlicensed persons to have the property owner obtain an
676owner-builder permit that erroneously implies that the
677property owner is providing his or her own labor and
678materials. I, as an owner-builder, may be held liable and
679subjected to serious financial risk for any injuries
680sustained by an unlicensed person or his or her employees
681while working on my property. My homeowner's insurance may
682not provide coverage for those injuries. I am willfully
683acting as an owner-builder and am aware of the limits of
684my insurance coverage for injuries to workers on my
685property.
686
6878.  I understand that I may not delegate the
688responsibility for supervising work to a licensed
689contractor who is not licensed to perform the work being
690done. Any person working on my building who is not
691licensed must work under my direct supervision and must be
692employed by me, which means that I must comply with laws
693requiring the withholding of federal income tax and social
694security contributions under the Federal Insurance
695Contributions Act (FICA) and must provide workers'
696compensation for the employee. I understand that my
697failure to follow these laws may subject me to serious
698financial risk.
699
7009.  I agree that, as the party legally and financially
701responsible for this proposed construction activity, I
702will abide by all applicable laws and requirements that
703govern owner-builders as well as employers. I also
704understand that the construction must comply with all
705applicable laws, ordinances, building codes, and zoning
706regulations.
707
70810.  I understand that I may obtain more information
709regarding my obligations as an employer from the Internal
710Revenue Service, the United States Small Business
711Administration, the Florida Department of Financial
712Services, and the Florida Department of Revenue. I also
713understand that I may contact the Florida Construction
714Industry Licensing Board at ...(telephone number)... or
715... (Internet website address)... for more information
716about licensed contractors.
717
71811.  I am aware of, and consent to, an owner-builder
719building permit applied for in my name and understand that
720I am the party legally and financially responsible for the
721proposed construction activity at the following address:
722...(address of property)....
723
72412.  I agree to notify ...(issuer of disclosure
725statements)... immediately of any additions, deletions, or
726changes to any of the information that I have provided on
727this disclosure.
728
729Licensed contractors are regulated by laws designed to
730protect the public. If you contract with a person who does
731not have a license, the Construction Industry Licensing
732Board and Department of Business and Professional
733Regulation may be unable to assist you with any financial
734loss that you sustain as a result of a complaint. Your
735only remedy against an unlicensed contractor may be in
736civil court. It is also important for you to understand
737that, if an unlicensed contractor or employee of an
738individual or firm is injured while working on your
739property, you may be held liable for damages. If you
740obtain an owner-builder permit and wish to hire a licensed
741contractor, you will be responsible for verifying whether
742the contractor is properly licensed and the status of the
743contractor's workers' compensation coverage.
744
745Before a building permit can be issued, this disclosure
746statement must be completed and signed by the property
747owner and returned to the local permitting agency
748responsible for issuing the permit. A copy of the property
749owner's driver license, the notarized signature of the
750property owner, or other type of verification acceptable
751to the local permitting agency is required when the permit
752is issued.
753
754Signature: ...(signature of property owner)....
755Date: ...(date)....
756
757     State law requires construction to be done by licensed
758contractors. You have applied for a permit under an exemption to
759that law. The exemption allows you, as the owner of your
760property, to act as your own contractor with certain
761restrictions even though you do not have a license. You must
762provide direct, onsite supervision of the construction yourself.
763You may build or improve a one-family or two-family residence or
764a farm outbuilding. You may also build or improve a commercial
765building, provided your costs do not exceed $75,000. The
766building or residence must be for your own use or occupancy. It
767may not be built or substantially improved for sale or lease. If
768you sell or lease a building you have built or substantially
769improved yourself within 1 year after the construction is
770complete, the law will presume that you built or substantially
771improved it for sale or lease, which is a violation of this
772exemption. You may not hire an unlicensed person to act as your
773contractor or to supervise people working on your building. It
774is your responsibility to make sure that people employed by you
775have licenses required by state law and by county or municipal
776licensing ordinances. You may not delegate the responsibility
777for supervising work to a licensed contractor who is not
778licensed to perform the work being done. Any person working on
779your building who is not licensed must work under your direct
780supervision and must be employed by you, which means that you
781must deduct F.I.C.A. and withholding tax and provide workers'
782compensation for that employee, all as prescribed by law. Your
783construction must comply with all applicable laws, ordinances,
784building codes, and zoning regulations.
785     Section 24.  Paragraph (q) of subsection (3) of section
786489.105, Florida Statutes, is amended to read:
787     489.105  Definitions.--As used in this part:
788     (3)  "Contractor" means the person who is qualified for,
789and shall only be responsible for, the project contracted for
790and means, except as exempted in this part, the person who, for
791compensation, undertakes to, submits a bid to, or does himself
792or herself or by others construct, repair, alter, remodel, add
793to, demolish, subtract from, or improve any building or
794structure, including related improvements to real estate, for
795others or for resale to others; and whose job scope is
796substantially similar to the job scope described in one of the
797subsequent paragraphs of this subsection. For the purposes of
798regulation under this part, "demolish" applies only to
799demolition of steel tanks over 50 feet in height; towers over 50
800feet in height; other structures over 50 feet in height, other
801than buildings or residences over three stories tall; and
802buildings or residences over three stories tall. Contractors are
803subdivided into two divisions, Division I, consisting of those
804contractors defined in paragraphs (a)-(c), and Division II,
805consisting of those contractors defined in paragraphs (d)-(q):
806     (q)  "Specialty contractor" means a contractor whose scope
807of work and responsibility is limited to a particular phase of
808construction established in a category adopted by board rule and
809whose scope is limited to a subset of the activities described
810in the categories established in one of the paragraphs of this
811subsection.
812     Section 25.  Paragraph (d) of subsection (1) of section
813489.109, Florida Statutes, is amended to read:
814     489.109  Fees.--
815     (1)  The board, by rule, shall establish reasonable fees to
816be paid for applications, certification and renewal,
817registration and renewal, and recordmaking and recordkeeping.
818The fees shall be established as follows:
819     (d)  With respect to an application for registration or
820certification to qualify a business organization, the initial
821application fee and the renewal fee shall be $50 The board, by
822rule, may establish a fee for transfer of a certificate of
823authority from one business organization to another, not to
824exceed the applicable renewal fee.
825     Section 26.  Section 489.114, Florida Statutes, is amended
826to read:
827     489.114  Evidence of workers' compensation
828coverage.--Except as provided in s. 489.115(5)(d), any person,
829business organization, or qualifying agent engaged in the
830business of contracting in this state and certified or
831registered under this part shall, as a condition precedent to
832the issuance or renewal of a certificate or, registration, or
833certificate of authority of the contractor, provide to the
834Construction Industry Licensing Board, as provided by board
835rule, evidence of workers' compensation coverage pursuant to
836chapter 440. In the event that the Division of Workers'
837Compensation of the Department of Financial Services receives
838notice of the cancellation of a policy of workers' compensation
839insurance insuring a person or entity governed by this section,
840the Division of Workers' Compensation shall certify and identify
841all persons or entities by certification or registration license
842number to the department after verification is made by the
843Division of Workers' Compensation that persons or entities
844governed by this section are no longer covered by workers'
845compensation insurance. Such certification and verification by
846the Division of Workers' Compensation may result from records
847furnished to the Division of Workers' Compensation by the
848persons or entities governed by this section or an investigation
849completed by the Division of Workers' Compensation. The
850department shall notify the persons or entities governed by this
851section who have been determined to be in noncompliance with
852chapter 440, and the persons or entities notified shall provide
853certification of compliance with chapter 440 to the department
854and pay an administrative fine in the amount of $500. The
855failure to maintain workers' compensation coverage as required
856by law shall be grounds for the board to revoke, suspend, or
857deny the issuance or renewal of a certificate or, registration,
858or certificate of authority of the contractor under the
859provisions of s. 489.129.
860     Section 27.  Paragraph (b) of subsection (4) of section
861489.115, Florida Statutes, is amended to read:
862     489.115  Certification and registration; endorsement;
863reciprocity; renewals; continuing education.--
864     (4)
865     (b)1.  Each certificateholder or registrant shall provide
866proof, in a form established by rule of the board, that the
867certificateholder or registrant has completed at least 14
868classroom hours of at least 50 minutes each of continuing
869education courses during each biennium since the issuance or
870renewal of the certificate or registration. The board shall
871establish by rule that a portion of the required 14 hours must
872deal with the subject of workers' compensation, business
873practices, workplace safety, and, for applicable licensure
874categories, wind mitigation methodologies, and 1 hour of which
875must deal with laws and rules. The board shall by rule establish
876criteria for the approval of continuing education courses and
877providers, including requirements relating to the content of
878courses and standards for approval of providers, and may by rule
879establish criteria for accepting alternative nonclassroom
880continuing education on an hour-for-hour basis. The board shall
881prescribe by rule the continuing education, if any, which is
882required during the first biennium of initial licensure. A
883person who has been licensed for less than an entire biennium
884must not be required to complete the full 14 hours of continuing
885education.
886     2.  In addition, the board may approve specialized
887continuing education courses on compliance with the wind
888resistance provisions for one and two family dwellings contained
889in the Florida Building Code and any alternate methodologies for
890providing such wind resistance which have been approved for use
891by the Florida Building Commission. Division I
892certificateholders or registrants who demonstrate proficiency
893upon completion of such specialized courses may certify plans
894and specifications for one and two family dwellings to be in
895compliance with the code or alternate methodologies, as
896appropriate, except for dwellings located in floodways or
897coastal hazard areas as defined in ss. 60.3D and E of the
898National Flood Insurance Program.
899     3.  Each certificateholder or registrant shall provide to
900the board proof of completion of the core curriculum courses, or
901passing the equivalency test of the Building Code Training
902Program established under s. 553.841, specific to the licensing
903category sought, within 2 years after commencement of the
904program or of initial certification or registration, whichever
905is later. Classroom hours spent taking core curriculum courses
906shall count toward the number required for renewal of
907certificates or registration. A certificateholder or registrant
908who passes the equivalency test in lieu of taking the core
909curriculum courses shall receive full credit for core curriculum
910course hours.
911     3.4.  The board shall require, by rule adopted pursuant to
912ss. 120.536(1) and 120.54, a specified number of hours in
913specialized or advanced module courses, approved by the Florida
914Building Commission, on any portion of the Florida Building
915Code, adopted pursuant to part IV of chapter 553, relating to
916the contractor's respective discipline.
917     Section 28.  Paragraph (a) of subsection (1) and
918subsections (4) and (5) of section 489.117, Florida Statutes,
919are amended to read:
920     489.117  Registration; specialty contractors.--
921     (1)(a)  Any person engaged in the business of a contractor
922as defined in s. 489.105(3)(a)-(o) must in the state shall be
923registered in the proper classification, unless he or she is
924certified. Any person entering the business of a contractor
925shall be registered before prior to engaging in business as a
926contractor in this state, unless he or she is certified. To be
927initially registered, the applicant shall submit the required
928fee and file evidence, in a form provided by the department, of
929holding a current local occupational license required by any
930municipality, county, or development district, if any, for the
931type of work for which registration is desired and evidence of
932successful compliance with the local examination and licensing
933requirements, if any, in the area for which registration is
934desired. An No examination is not shall be required for
935registration.
936     (4)(a)  A person holding a local license whose job scope
937does not substantially correspond to either the job scope of one
938of the contractor categories defined in s. 489.105(3)(a)-(o), or
939the job scope of one of the certified specialty contractor
940categories previously established by board rule as of the
941effective date of this provision, is shall not be required to
942register with the board to perform contracting activities within
943the scope of such specialty license.
944     (b)  A local jurisdiction may require an individual holding
945a local specialty contractor license in a category which
946pursuant to paragraph (a) does not permit registration to obtain
947a tracking registration from the board, provided that the board
948has established by rule that the activities which comprise the
949job scope of the local specialty contractor license involve
950lifesafety considerations and a significant potential danger to
951the consumer.
952     (b)(c)  The local jurisdictions are shall be responsible
953for providing the following information to the board within 30
954days after licensure of, or any disciplinary action against, a
955locally licensed contractor who is registered under this part:
956     1.  Licensure information.,
957     2.  Code violation information pursuant to s. 553.781., and
958     3.  Disciplinary information. on locally licensed
959individuals to the board within 30 days after licensure or any
960disciplinary action, and
961
962The board shall maintain such licensure and disciplinary
963information as it is provided to the board them, and shall make
964the such information available through the automated information
965system provided pursuant to s. 455.2286. The biennial tracking
966registration fee shall not exceed $40.
967     (c)(d)  Neither the board nor the department assumes any
968responsibility for providing discipline pursuant to having
969provided the tracking registration. Providing discipline to such
970locally licensed contractors is individuals shall be the
971responsibility of the local jurisdiction. Failure to obtain a
972tracking registration shall not be considered a violation of
973this chapter; however, a local jurisdiction requiring such
974tracking registration may levy such penalties for failure to
975obtain the tracking registration as it chooses to provide
976through local ordinance.
977     (d)(e)  Any person who is not required to obtain
978registration or certification pursuant to s. 489.105(3)(d)-(o)
979may perform specialty contracting services for the construction,
980remodeling, repair, or improvement of single-family residences,
981including a townhouse as defined in the Florida Building Code,
982without obtaining a local professional license if such person is
983under the supervision of a certified or registered general,
984building, or residential contractor. As used in this paragraph,
985supervision shall not be deemed to require the existence of a
986direct contract between the certified or registered general,
987building, or residential contractor and the person performing
988specialty contracting services.
989     (5)  In order to establish uniformity among the job scopes
990established by local jurisdictions, the board shall, by rule,
991establish the job scope for any licensure category registered by
992the board under this part. The board shall not arbitrarily limit
993such scopes and shall restrict the job scopes only to the
994minimum extent necessary to ensure uniformity.
995     Section 29.  Section 489.119, Florida Statutes, is amended
996to read:
997     489.119  Business organizations; qualifying agents.--
998     (1)  If an individual proposes to engage in contracting in
999the individual's own name, or a fictitious name where the
1000individual is doing business as a sole proprietorship,
1001registration or certification may be issued only to that
1002individual.
1003     (2)  If the applicant proposes to engage in contracting as
1004a business organization, including any partnership, corporation,
1005business trust, or other legal entity, or in any name other than
1006the applicant's legal name or a fictitious name where the
1007applicant is doing business as a sole proprietorship, the
1008applicant business organization must apply for registration or
1009certification as the for a certificate of authority through a
1010qualifying agent of the business organization and under the
1011fictitious name, if any.
1012     (a)  An The application for registration or certification
1013to qualify a business organization a certificate of authority
1014must state the name of the partnership and of its partners; the
1015name of the corporation and of its officers and directors and
1016the name of each of its stockholders who is also an officer or
1017director; the name of the business trust and its trustees; or
1018the name of such other legal entity and its members; and must
1019state the fictitious name, if any, under which the business
1020organization is doing business.
1021     (b)1.  An The application for registration or certification
1022to qualify a business organization primary qualifying agent must
1023include an affidavit on a form provided by the board attesting
1024that the applicant has final approval authority for all
1025construction work performed by the business organization entity
1026and that the applicant has final approval authority on all
1027business matters, including contracts, specifications, checks,
1028drafts, or payments, regardless of the form of payment, made by
1029the business organization entity, except where a financially
1030responsible officer is approved.
1031     2.  The application for financially responsible officer
1032must include an affidavit on a form provided by the board
1033attesting that the applicant's approval is required for all
1034checks, drafts, or payments, regardless of the form of payment,
1035made by the business organization entity and that the applicant
1036has authority to act for the business organization in all
1037financial matters.
1038     3.  The application for secondary qualifying agent must
1039include an affidavit on a form provided by the board attesting
1040that the applicant has authority to supervise all construction
1041work performed by the business organization entity as provided
1042in s. 489.1195(2).
1043     (c)  The board may deny an application for registration or
1044certification to qualify a business organization if the
1045applicant, or any person listed in paragraph (a), has been
1046involved in past disciplinary actions or on any grounds for
1047which an individual registration or certification may be denied.
1048     (d)(b)  The applicant must furnish evidence of statutory
1049compliance if a fictitious name is used, the provisions of s.
1050865.09(7) notwithstanding.
1051     (e)(c)  A joint venture, including a joint venture composed
1052of qualified business organizations, is itself a separate and
1053distinct organization that must be qualified and obtain a
1054certificate of authority in accordance with board rules.
1055     (d)  A certificate of authority must be renewed every 2
1056years. If there is a change in any information that is required
1057to be stated on the application, the business organization
1058shall, within 45 days after such change occurs, mail the correct
1059information to the department.
1060     (3)(a)  A The qualifying agent must shall be certified or
1061registered under this part in order for the business
1062organization to operate be issued a certificate of authority in
1063the category of contracting in the business conducted for which
1064the qualifying agent is certified or registered. If any
1065qualifying agent ceases to be affiliated with a such business
1066organization, he or she shall so inform the department. In
1067addition, if the such qualifying agent is the only certified or
1068registered contractor affiliated with the business organization,
1069the business organization shall notify the department of the
1070termination of the qualifying agent and shall have 60 days from
1071the termination of the qualifying agent's affiliation with the
1072business organization in which to employ another qualifying
1073agent. The business organization may not engage in contracting
1074until a qualifying agent is employed, unless the executive
1075director or chair of the board has granted a temporary
1076nonrenewable certificate or registration to the financially
1077responsible officer, the president, a partner, or, in the case
1078of a limited partnership, the general partner, who assumes all
1079responsibilities of a primary qualifying agent for the business
1080organization entity. This temporary certificate or registration
1081shall only allow the business organization entity to proceed
1082with incomplete contracts. For the purposes of this paragraph,
1083an incomplete contract is one which has been awarded to, or
1084entered into by, the business organization prior to the
1085cessation of affiliation of the qualifying agent with the
1086business organization or one on which the business organization
1087was the low bidder and the contract is subsequently awarded,
1088regardless of whether any actual work has commenced under the
1089contract prior to the qualifying agent ceasing to be affiliated
1090with the business organization.
1091     (b)  The qualifying agent shall inform the department in
1092writing when he or she proposes to engage in contracting in his
1093or her own name or in affiliation with another business
1094organization, and he or she or such new business organization
1095shall supply the same information to the department as required
1096of applicants under this part.
1097     (c)  Upon a favorable determination by the board, after
1098investigation of the financial responsibility, credit, and
1099business reputation of the qualifying agent and the new business
1100organization, the department shall issue, without an
1101examination, a new certificate of authority in the business
1102organization's name.
1103     (4)  Disciplinary action against a business organization
1104holding a certificate of authority shall be administered in the
1105same manner and on the same grounds as disciplinary action
1106against a contractor. The board may deny the certification of
1107any person cited in subsection (2) if the person has been
1108involved in past disciplinary actions or on any grounds for
1109which individual certification can be denied.
1110     (4)(5)  When a certified qualifying agent, on behalf of a
1111business organization, makes application for a business tax
1112receipt an occupational license in any municipality or county of
1113this state, the application shall be made with the tax collector
1114in the name of the business organization and the qualifying
1115agent; and the license, when issued, shall be issued to the
1116business organization, upon payment of the appropriate licensing
1117fee and exhibition to the tax collector of a valid certificate
1118for the qualifying agent and a valid certificate of authority
1119for the business organization issued by the department, and the
1120state license numbers shall be noted thereon.
1121     (5)(6)(a)  Each registered or certified contractor shall
1122affix the number of his or her registration or certification to
1123each application for a building permit and on each building
1124permit issued and recorded. Each city or county building
1125department shall require, as a precondition for the issuance of
1126the building permit, that the contractor taking out the permit
1127must provide verification giving his or her Construction
1128Industry Licensing Board registration or certification number.
1129     (b)  The registration or certification number of each
1130contractor or certificate of authority number for each business
1131organization shall appear in each offer of services, business
1132proposal, bid, contract, or advertisement, regardless of medium,
1133as defined by board rule, used by that contractor or business
1134organization in the practice of contracting.
1135     (c)  If a vehicle bears the name of a contractor or
1136business organization, or any text or artwork which would lead a
1137reasonable person to believe that the vehicle is used for
1138contracting, the registration or certification number of the
1139contractor or certificate of authority number of the business
1140organization must be conspicuously and legibly displayed with
1141the name, text, or artwork. Local governments may also require
1142that locally licensed contractors must also display their
1143certificate of competency or license numbers. Nothing in this
1144paragraph shall be construed to create a mandatory vehicle
1145signage requirement.
1146     (d)  For the purposes of this part, the term
1147"advertisement" does not include business stationery or any
1148promotional novelties such as balloons, pencils, trinkets, or
1149articles of clothing.
1150     (e)  The board shall issue a notice of noncompliance for
1151the first offense, and may assess a fine or issue a citation for
1152failure to correct the offense within 30 days or for any
1153subsequent offense, to any contractor or business organization
1154that fails to include the certification or, registration, or
1155certificate of authority number as required by this part when
1156submitting an advertisement for publication, broadcast, or
1157printing or fails to display the certification or, registration,
1158or certificate of authority number as required by this part.
1159     (f)  In addition to any other penalty prescribed by law, a
1160local government may impose a civil fine pursuant to s.
1161489.127(5) against a person who is not certified or registered
1162under this part if the person:
1163     1.  Claims to be licensed in any offer of services,
1164business proposal, bid, contract, or advertisement, but who does
1165not possess a valid competency-based license issued by a local
1166government in this state to perform the specified construction
1167services; or
1168     2.  Claims to be insured in any offer of services, business
1169proposal, bid, contract, or advertisement, but whose performance
1170of the subject work is not covered by a general liability or
1171workers' compensation insurance policy.
1172     (6)(7)  Each qualifying agent shall pay the department an
1173amount equal to the original fee for registration or
1174certification to qualify a certificate of authority of a new
1175business organization. If the qualifying agent for a business
1176organization desires to qualify additional business
1177organizations, the board shall require the qualifying agent him
1178or her to present evidence of his or her ability to supervise
1179the construction activities and financial responsibility of each
1180such organization. Approval of each business organization The
1181issuance of such certificate of authority is discretionary with
1182the board.
1183     (7)(8)(a)  A business organization proposing to engage in
1184contracting is not required to apply for or obtain authorization
1185under this part to engage in contracting if:
1186     1.  The business organization employs one or more
1187registered or certified contractors licensed in accordance with
1188this part who are responsible for obtaining permits and
1189supervising all of the business organization's contracting
1190activities;
1191     2.  The business organization engages only in contracting
1192on property owned by the business organization or by its parent,
1193subsidiary, or affiliated entities; and
1194     3.  The business organization, or its parent entity if the
1195business organization is a wholly owned subsidiary, maintains a
1196minimum net worth of $20 million.
1197     (b)  Any business organization engaging in contracting
1198under this subsection shall provide the board with the name and
1199license number of each registered or certified contractor
1200employed by the business organization to supervise its
1201contracting activities. The business organization is not
1202required to post a bond or otherwise evidence any financial or
1203credit information except as necessary to demonstrate compliance
1204with paragraph (a).
1205     (c)  A registered or certified contractor employed by a
1206business organization to supervise its contracting activities
1207under this subsection shall not be required to post a bond or
1208otherwise evidence any personal financial or credit information
1209so long as the individual performs contracting activities
1210exclusively on behalf of a business organization meeting all of
1211the requirements of paragraph (a).
1212     Section 30.  Subsection (1) of section 489.127, Florida
1213Statutes, is amended to read:
1214     489.127  Prohibitions; penalties.--
1215     (1)  No person shall:
1216     (a)  Falsely hold himself or herself or a business
1217organization out as a licensee, certificateholder, or
1218registrant;
1219     (b)  Falsely impersonate a certificateholder or registrant;
1220     (c)  Present as his or her own the certificate or,
1221registration, or certificate of authority of another;
1222     (d)  Knowingly give false or forged evidence to the board
1223or a member thereof;
1224     (e)  Use or attempt to use a certificate or, registration
1225that, or certificate of authority which has been suspended or
1226revoked;
1227     (f)  Engage in the business or act in the capacity of a
1228contractor or advertise himself or herself or a business
1229organization as available to engage in the business or act in
1230the capacity of a contractor without being duly registered or
1231certified or having a certificate of authority;
1232     (g)  Operate a business organization engaged in contracting
1233after 60 days following the termination of its only qualifying
1234agent without designating another primary qualifying agent,
1235except as provided in ss. 489.119 and 489.1195;
1236     (h)  Commence or perform work for which a building permit
1237is required pursuant to part IV of chapter 553 without such
1238building permit being in effect; or
1239     (i)  Willfully or deliberately disregard or violate any
1240municipal or county ordinance relating to uncertified or
1241unregistered contractors.
1242
1243For purposes of this subsection, a person or business
1244organization operating on an inactive or suspended certificate
1245or, registration, or certificate of authority is not duly
1246certified or registered and is considered unlicensed. A business
1247tax receipt issued under the authority of chapter 205 is not a
1248license for purposes of this part.
1249     Section 31.  Effective upon this act becoming a law,
1250paragraph (a) of subsection (1) of section 489.128, Florida
1251Statutes, is amended to read:
1252     489.128  Contracts entered into by unlicensed contractors
1253unenforceable.--
1254     (1)  As a matter of public policy, contracts entered into
1255on or after October 1, 1990, by an unlicensed contractor shall
1256be unenforceable in law or in equity by the unlicensed
1257contractor.
1258     (a)  For purposes of this section, an individual is
1259unlicensed if the individual does not have a license required by
1260this part concerning the scope of the work to be performed under
1261the contract. A business organization is unlicensed if the
1262business organization does not have a primary or secondary
1263qualifying agent in accordance with this part concerning the
1264scope of the work to be performed under the contract. For
1265purposes of this section, if a no state or local license is not
1266required for the scope of work to be performed under the
1267contract, the individual performing that work is shall not be
1268considered unlicensed.
1269     Section 32.  Paragraph (b) of subsection (1) of section
1270489.128, Florida Statutes, is amended to read:
1271     489.128  Contracts entered into by unlicensed contractors
1272unenforceable.--
1273     (1)  As a matter of public policy, contracts entered into
1274on or after October 1, 1990, by an unlicensed contractor shall
1275be unenforceable in law or in equity by the unlicensed
1276contractor.
1277     (b)  For purposes of this section, an individual or
1278business organization may not be considered unlicensed for
1279failing to have a business tax receipt issued under the
1280authority of chapter 205. A business organization may not be
1281considered unlicensed for failing to have a certificate of
1282authority as required by ss. 489.119 and 489.127. For purposes
1283of this section, a business organization entering into the
1284contract may not be considered unlicensed if, before the date
1285established by paragraph (c), an individual possessing a license
1286required by this part concerning the scope of the work to be
1287performed under the contract has submitted an application for a
1288certificate of authority designating that individual as a
1289qualifying agent for the business organization entering into the
1290contract, and the application was not acted upon by the
1291department or applicable board within the time limitations
1292imposed by s. 120.60.
1293     Section 33.  Subsections (1), (5), and (7) of section
1294489.129, Florida Statutes, are amended to read:
1295     489.129  Disciplinary proceedings.--
1296     (1)  The board may take any of the following actions
1297against any certificateholder or registrant: place on probation
1298or reprimand the licensee, revoke, suspend, or deny the issuance
1299or renewal of the certificate or, registration, or certificate
1300of authority, require financial restitution to a consumer for
1301financial harm directly related to a violation of a provision of
1302this part, impose an administrative fine not to exceed $10,000
1303per violation, require continuing education, or assess costs
1304associated with investigation and prosecution, if the
1305contractor, financially responsible officer, or business
1306organization for which the contractor is a primary qualifying
1307agent, a financially responsible officer, or a secondary
1308qualifying agent responsible under s. 489.1195 is found guilty
1309of any of the following acts:
1310     (a)  Obtaining a certificate or, registration, or
1311certificate of authority by fraud or misrepresentation.
1312     (b)  Being convicted or found guilty of, or entering a plea
1313of nolo contendere to, regardless of adjudication, a crime in
1314any jurisdiction which directly relates to the practice of
1315contracting or the ability to practice contracting.
1316     (c)  Violating any provision of chapter 455.
1317     (d)  Performing any act which assists a person or entity in
1318engaging in the prohibited uncertified and unregistered practice
1319of contracting, if the certificateholder or registrant knows or
1320has reasonable grounds to know that the person or entity was
1321uncertified and unregistered.
1322     (e)  Knowingly combining or conspiring with an uncertified
1323or unregistered person by allowing his or her certificate or,
1324registration, or certificate of authority to be used by the
1325uncertified or unregistered person with intent to evade the
1326provisions of this part. When a certificateholder or registrant
1327allows his or her certificate or registration to be used by one
1328or more business organizations without having any active
1329participation in the operations, management, or control of such
1330business organizations, such act constitutes prima facie
1331evidence of an intent to evade the provisions of this part.
1332     (f)  Acting in the capacity of a contractor under any
1333certificate or registration issued hereunder except in the name
1334of the certificateholder or registrant as set forth on the
1335issued certificate or registration, or in accordance with the
1336personnel of the certificateholder or registrant as set forth in
1337the application for the certificate or registration, or as later
1338changed as provided in this part.
1339     (g)  Committing mismanagement or misconduct in the practice
1340of contracting that causes financial harm to a customer.
1341Financial mismanagement or misconduct occurs when:
1342     1.  Valid liens have been recorded against the property of
1343a contractor's customer for supplies or services ordered by the
1344contractor for the customer's job; the contractor has received
1345funds from the customer to pay for the supplies or services; and
1346the contractor has not had the liens removed from the property,
1347by payment or by bond, within 75 days after the date of such
1348liens;
1349     2.  The contractor has abandoned a customer's job and the
1350percentage of completion is less than the percentage of the
1351total contract price paid to the contractor as of the time of
1352abandonment, unless the contractor is entitled to retain such
1353funds under the terms of the contract or refunds the excess
1354funds within 30 days after the date the job is abandoned; or
1355     3.  The contractor's job has been completed, and it is
1356shown that the customer has had to pay more for the contracted
1357job than the original contract price, as adjusted for subsequent
1358change orders, unless such increase in cost was the result of
1359circumstances beyond the control of the contractor, was the
1360result of circumstances caused by the customer, or was otherwise
1361permitted by the terms of the contract between the contractor
1362and the customer.
1363     (h)  Being disciplined by any municipality or county for an
1364act or violation of this part.
1365     (i)  Failing in any material respect to comply with the
1366provisions of this part or violating a rule or lawful order of
1367the board.
1368     (j)  Abandoning a construction project in which the
1369contractor is engaged or under contract as a contractor. A
1370project may be presumed abandoned after 90 days if the
1371contractor terminates the project without just cause or without
1372proper notification to the owner, including the reason for
1373termination, or fails to perform work without just cause for 90
1374consecutive days.
1375     (k)  Signing a statement with respect to a project or
1376contract falsely indicating that the work is bonded; falsely
1377indicating that payment has been made for all subcontracted
1378work, labor, and materials which results in a financial loss to
1379the owner, purchaser, or contractor; or falsely indicating that
1380workers' compensation and public liability insurance are
1381provided.
1382     (l)  Committing fraud or deceit in the practice of
1383contracting.
1384     (m)  Committing incompetency or misconduct in the practice
1385of contracting.
1386     (n)  Committing gross negligence, repeated negligence, or
1387negligence resulting in a significant danger to life or
1388property.
1389     (o)  Proceeding on any job without obtaining applicable
1390local building department permits and inspections.
1391     (p)  Intimidating, threatening, coercing, or otherwise
1392discouraging the service of a notice to owner under part I of
1393chapter 713 or a notice to contractor under chapter 255 or part
1394I of chapter 713.
1395     (q)  Failing to satisfy within a reasonable time, the terms
1396of a civil judgment obtained against the licensee, or the
1397business organization qualified by the licensee, relating to the
1398practice of the licensee's profession.
1399
1400For the purposes of this subsection, construction is considered
1401to be commenced when the contract is executed and the contractor
1402has accepted funds from the customer or lender. A contractor
1403does not commit a violation of this subsection when the
1404contractor relies on a building code interpretation rendered by
1405a building official or person authorized by s. 553.80 to enforce
1406the building code, absent a finding of fraud or deceit in the
1407practice of contracting, or gross negligence, repeated
1408negligence, or negligence resulting in a significant danger to
1409life or property on the part of the building official, in a
1410proceeding under chapter 120.
1411     (5)  The board may not reinstate the certification or,
1412registration, or certificate of authority of, or cause a
1413certificate or, registration, or certificate of authority to be
1414issued to, a person who or business organization which the board
1415has determined is unqualified or whose certificate or,
1416registration, or certificate of authority the board has
1417suspended until it is satisfied that such person or business
1418organization has complied with all the terms and conditions set
1419forth in the final order and is capable of competently engaging
1420in the business of contracting.
1421     (7)  The board shall not issue or renew a certificate or,
1422registration, or certificate of authority to any person or
1423business organization that has been assessed a fine, interest,
1424or costs associated with investigation and prosecution, or has
1425been ordered to pay restitution, until such fine, interest, or
1426costs associated with investigation and prosecution or
1427restitution are paid in full or until all terms and conditions
1428of the final order have been satisfied.
1429     Section 34.  Subsection (5) of section 489.132, Florida
1430Statutes, is amended to read:
1431     489.132  Prohibited acts by unlicensed principals;
1432investigation; hearing; penalties.--
1433     (5)  The department may suspend, revoke, or deny issuance
1434or renewal of a certificate or, registration, or certificate of
1435authority for any individual or business organization that
1436associates a person as an officer, director, or partner, or in a
1437managerial or supervisory capacity, after such person has been
1438found under a final order to have violated this section or was
1439an officer, director, partner, trustee, or manager of a business
1440organization disciplined by the board by revocation, suspension,
1441or fine in excess of $2,500, upon finding reasonable cause that
1442such person knew or reasonably should have known of the conduct
1443leading to the discipline.
1444     Section 35.  Subsection (1) of section 489.1455, Florida
1445Statutes, is amended to read:
1446     489.1455  Journeyman; reciprocity; standards.--
1447     (1)  An individual who holds a valid, active journeyman
1448license in the plumbing/pipe fitting, mechanical, or HVAC trades
1449issued by any county or municipality in this state may work as a
1450journeyman in the trade in which he or she is licensed in any
1451county or municipality of this state without taking an
1452additional examination or paying an additional license fee, if
1453he or she:
1454     (a)  Has scored at least 70 percent, or after October 1,
14551997, at least 75 percent, on a proctored journeyman Block and
1456Associates examination or other proctored examination approved
1457by the board for the trade in which he or she is licensed;
1458     (b)  Has completed an apprenticeship program registered
1459with the Department of Labor and Employment Security and
1460demonstrates 4 years' verifiable practical experience in the
1461trade for which he or she is licensed, or demonstrates 6 years'
1462verifiable practical experience in the trade for which he or she
1463is licensed;
1464     (c)  Has satisfactorily completed specialized and advanced
1465module coursework approved by the Florida Building Commission,
1466as part of the Building Code Training Program established in s.
1467553.841, specific to the discipline, and successfully completed
1468the program's core curriculum courses or passed an equivalency
1469test in lieu of taking the core curriculum courses and provided
1470proof of completion of such curriculum courses or examination
1471and obtained a certificate from the board pursuant to this part
1472or, pursuant to authorization by the certifying authority,
1473provides proof of completion of such curriculum or coursework
1474within 6 months after such certification; and
1475     (d)  Has not had a license suspended or revoked within the
1476last 5 years.
1477     Section 36.  Subsection (19) of section 489.505, Florida
1478Statutes, is amended to read:
1479     489.505  Definitions.--As used in this part:
1480     (19)  "Specialty contractor" means a contractor whose scope
1481of practice is limited to a specific segment of electrical or
1482alarm system contracting established in a category adopted by
1483board rule, including, but not limited to, residential
1484electrical contracting, maintenance of electrical fixtures, and
1485fabrication, erection, installation, and maintenance of
1486electrical advertising signs together with the interrelated
1487parts and supports thereof. Categories of specialty contractor
1488shall be established by board rule.
1489     Section 37.  Subsections (5), (6), and (7) of section
1490489.513, Florida Statutes, are amended to read:
1491     489.513  Registration; application; requirements.--
1492     (5)  Registration permits the registrant to engage in
1493contracting only in the area and for the type of work covered by
1494the registration, unless local licenses are issued for other
1495areas and types of work or unless certification is obtained.
1496When a registrant desires to register in an additional area of
1497the state, he or she shall first comply with any local
1498requirements of that area and then file a request with the
1499department, together with evidence of holding a current
1500occupational license or license issued by the county or
1501municipality for the area or areas in which he or she desires to
1502be registered, whereupon his or her evidence of registration
1503shall be endorsed by the department to reflect valid
1504registration for the new area or areas.
1505     (6)  The local jurisdictions are shall be responsible for
1506providing the following information to the board within 30 days
1507after licensure of, or any disciplinary action against, a
1508locally licensed contractor who is registered under this part:
1509     (a)  Licensure information.,
1510     (b)  Code violation information pursuant to s. 553.781.,
1511and
1512     (c)  Disciplinary information. on locally licensed
1513individuals to the board within 30 days after licensure or any
1514disciplinary action, and
1515
1516The board shall maintain such licensure and disciplinary
1517information as it is provided to the board them, and shall make
1518the such information available through the automated information
1519system provided pursuant to s. 455.2286.
1520     (7)  In order to establish uniformity among the job scopes
1521established by local jurisdictions, the board shall, by rule,
1522establish the job scope for any licensure category registered by
1523the board under this part. The board shall not arbitrarily limit
1524such scopes and shall restrict the job scopes only to the
1525minimum extent necessary to ensure uniformity.
1526     Section 38.  Subsection (3) of section 489.516, Florida
1527Statutes, is amended to read:
1528     489.516  Qualifications to practice; restrictions;
1529prerequisites.--
1530     (3)  When a certificateholder desires to engage in
1531contracting in any area of the state, as a prerequisite
1532therefor, he or she shall only be required to exhibit to the
1533local building official, tax collector, or other authorized
1534person in charge of the issuance of licenses and building or
1535electrical permits in the area evidence of holding a current
1536certificate and a current business tax receipt issued by the
1537jurisdiction in which the certificateholder's principal place of
1538business is located, and having paid to pay the fee for the
1539occupational license and permit required of other persons.
1540However, a local construction regulation board may deny the
1541issuance of an electrical permit to a certified contractor, or
1542issue a permit with specific conditions, if the local
1543construction regulation board has found such contractor, through
1544the public hearing process, to be guilty of fraud or a willful
1545building code violation within the county or municipality that
1546the local construction regulation board represents, or if the
1547local construction regulation board has proof that such
1548contractor, through the public hearing process, has been found
1549guilty, in another county or municipality within the past 12
1550months, of fraud or a willful building code violation and finds,
1551after providing notice to the contractor, that such fraud or
1552violation would have been fraud or a violation if committed in
1553the county or municipality that the local construction board
1554represents. Notification of and information concerning such
1555permit denial shall be submitted to the Department of Business
1556and Professional Regulation within 15 days after the local
1557construction regulation board decides to deny the permit.
1558     Section 39.  Subsection (3) of section 489.517, Florida
1559Statutes, is amended to read:
1560     489.517  Renewal of certificate or registration; continuing
1561education.--
1562     (3)(a)  Each certificateholder or registrant shall provide
1563proof, in a form established by rule of the board, that the
1564certificateholder or registrant has completed at least 14
1565classroom hours of at least 50 minutes each of continuing
1566education courses during each biennium since the issuance or
1567renewal of the certificate or registration. The board shall by
1568rule establish criteria for the approval of continuing education
1569courses and providers and may by rule establish criteria for
1570accepting alternative nonclassroom continuing education on an
1571hour-for-hour basis.
1572     (b)  Each certificateholder or registrant shall provide to
1573the board proof of completion of the core curriculum courses or
1574passing the equivalency test of the Building Code Training
1575Program established under s. 553.841, specific to the licensing
1576category sought, within 2 years after commencement of the
1577program or of initial certification or registration, whichever
1578is later. Classroom hours spent taking core curriculum courses
1579shall count toward the number required for renewal of
1580certificate or registration. A certificateholder or registrant
1581who passes the equivalency test in lieu of taking the core
1582curriculum courses shall receive full credit for core curriculum
1583course hours.
1584     Section 40.  Subsection (6) of section 489.521, Florida
1585Statutes, is amended to read:
1586     489.521  Business organizations; qualifying agents.--
1587     (6)  When a business organization qualified to engage in
1588contracting makes application for a business tax receipt an
1589occupational license in any municipality or county of this
1590state, the application shall be made with the tax collector in
1591the name of the business organization, and the business tax
1592receipt license, when issued, shall be issued to the business
1593organization upon payment of the appropriate licensing fee and
1594exhibition to the tax collector of a valid certificate issued by
1595the department.
1596     Section 41.  Section 489.5315, Florida Statutes, is amended
1597to read:
1598     489.5315  Proprietary electrical or alarm
1599contractors.--Businesses that obtain an electrical or burglar
1600alarm system license to work only on their own equipment, and
1601that do not offer electrical or alarm contracting services to
1602the public, are not electrical or burglar alarm system
1603contracting businesses and do not have to obtain a business tax
1604receipt an occupational license in addition to any they are
1605otherwise required to have.
1606     Section 42.  Effective upon this act becoming a law,
1607paragraph (a) of subsection (1) of section 489.532, Florida
1608Statutes, is amended to read:
1609     489.532  Contracts entered into by unlicensed contractors
1610unenforceable.--
1611     (1)  As a matter of public policy, contracts entered into
1612on or after October 1, 1990, by an unlicensed contractor shall
1613be unenforceable in law or in equity by the unlicensed
1614contractor.
1615     (a)  For purposes of this section, an individual is
1616unlicensed if the individual does not have a license required by
1617this part concerning the scope of the work to be performed under
1618the contract. A business organization is unlicensed if the
1619business organization does not have a primary or secondary
1620qualifying agent in accordance with this part concerning the
1621scope of the work to be performed under the contract. For
1622purposes of this section, if a no state or local license is not
1623required for the scope of work to be performed under the
1624contract, the individual performing that work is shall not be
1625considered unlicensed.
1626     Section 43.  Paragraph (b) of subsection (3) of section
1627489.537, Florida Statutes, is amended to read:
1628     489.537  Application of this part.--
1629     (3)  Nothing in this act limits the power of a municipality
1630or county:
1631     (b)  To collect fees for business tax receipts occupational
1632licenses and inspections for engaging in contracting or
1633examination fees from persons who are registered with the local
1634boards pursuant to local examination requirements.
1635     Section 44.  Section 509.233, Florida Statutes, is amended
1636to read:
1637     509.233  Public food service establishment requirements;
1638local exemption for dogs in designated outdoor portions; pilot
1639program.--
1640     (1)  INTENT.--It is the intent of the Legislature by this
1641section to establish a 3-year pilot program for local
1642governments to allow patrons' dogs within certain designated
1643outdoor portions of public food service establishments.
1644     (1)(2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
1645509.032(7), the governing body of a local government may
1646participating in the pilot program is authorized to establish,
1647by ordinance, a local exemption procedure to certain provisions
1648of the Food and Drug Administration Food Code, as currently
1649adopted by the division, in order to allow patrons' dogs within
1650certain designated outdoor portions of public food service
1651establishments.
1652     (2)(3)  LOCAL DISCRETION; CODIFICATION.--
1653     (a)  The adoption of the local exemption procedure shall be
1654at the sole discretion of the governing body of a participating
1655local government. Nothing in this section shall be construed to
1656require or compel a local governing body to adopt an ordinance
1657pursuant to this section.
1658     (b)  Any ordinance adopted pursuant to this section shall
1659provide for codification within the land development code of a
1660participating local government.
1661     (3)(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
1662     (a)  Any local exemption procedure adopted pursuant to this
1663section shall only provide a variance to those portions of the
1664currently adopted Food and Drug Administration Food Code in
1665order to allow patrons' dogs within certain designated outdoor
1666portions of public food service establishments.
1667     (b)  In order to protect the health, safety, and general
1668welfare of the public, the local exemption procedure shall
1669require participating public food service establishments to
1670apply for and receive a permit from the governing body of the
1671local government before allowing patrons' dogs on their
1672premises. The local government shall require from the applicant
1673such information as the local government deems reasonably
1674necessary to enforce the provisions of this section, but shall
1675require, at a minimum, the following information:
1676     1.  The name, location, and mailing address of the public
1677food service establishment.
1678     2.  The name, mailing address, and telephone contact
1679information of the permit applicant.
1680     3.  A diagram and description of the outdoor area to be
1681designated as available to patrons' dogs, including dimensions
1682of the designated area; a depiction of the number and placement
1683of tables, chairs, and restaurant equipment, if any; the
1684entryways and exits to the designated outdoor area; the
1685boundaries of the designated area and of other areas of outdoor
1686dining not available for patrons' dogs; any fences or other
1687barriers; surrounding property lines and public rights-of-way,
1688including sidewalks and common pathways; and such other
1689information reasonably required by the permitting authority. The
1690diagram or plan shall be accurate and to scale but need not be
1691prepared by a licensed design professional.
1692     4.  A description of the days of the week and hours of
1693operation that patrons' dogs will be permitted in the designated
1694outdoor area.
1695     (c)  In order to protect the health, safety, and general
1696welfare of the public, the local exemption ordinance shall
1697include such regulations and limitations as deemed necessary by
1698the participating local government and shall include, but not be
1699limited to, the following requirements:
1700     1.  All public food service establishment employees shall
1701wash their hands promptly after touching, petting, or otherwise
1702handling dogs. Employees shall be prohibited from touching,
1703petting, or otherwise handling dogs while serving food or
1704beverages or handling tableware or before entering other parts
1705of the public food service establishment.
1706     2.  Patrons in a designated outdoor area shall be advised
1707that they should wash their hands before eating. Waterless hand
1708sanitizer shall be provided at all tables in the designated
1709outdoor area.
1710     3.  Employees and patrons shall be instructed that they
1711shall not allow dogs to come into contact with serving dishes,
1712utensils, tableware, linens, paper products, or any other items
1713involved in food service operations.
1714     4.  Patrons shall keep their dogs on a leash at all times
1715and shall keep their dogs under reasonable control.
1716     5.  Dogs shall not be allowed on chairs, tables, or other
1717furnishings.
1718     6.  All table and chair surfaces shall be cleaned and
1719sanitized with an approved product between seating of patrons.
1720Spilled food and drink shall be removed from the floor or ground
1721between seating of patrons.
1722     7.  Accidents involving dog waste shall be cleaned
1723immediately and the area sanitized with an approved product. A
1724kit with the appropriate materials for this purpose shall be
1725kept near the designated outdoor area.
1726     8.  A sign or signs reminding employees of the applicable
1727rules shall be posted on premises in a manner and place as
1728determined by the local permitting authority.
1729     9.  A sign or signs reminding patrons of the applicable
1730rules shall be posted on premises in a manner and place as
1731determined by the local permitting authority.
1732     10.  A sign or signs shall be posted in a manner and place
1733as determined by the local permitting authority that places the
1734public on notice that the designated outdoor area is available
1735for the use of patrons and patrons' dogs.
1736     11.  Dogs shall not be permitted to travel through indoor
1737or nondesignated outdoor portions of the public food service
1738establishment, and ingress and egress to the designated outdoor
1739portions of the public food service establishment must not
1740require entrance into or passage through any indoor area of the
1741food establishment.
1742     (d)  A permit issued pursuant to this section shall not be
1743transferred to a subsequent owner upon the sale of a public food
1744service establishment but shall expire automatically upon the
1745sale of the establishment. The subsequent owner shall be
1746required to reapply for a permit pursuant to this section if the
1747subsequent owner wishes to continue to accommodate patrons'
1748dogs.
1749     (4)(5)  POWERS; ENFORCEMENT.--Participating local
1750governments shall have such powers as are reasonably necessary
1751to regulate and enforce the provisions of this section.
1752     (5)(6)  STATE AND LOCAL COOPERATION.--The division shall
1753provide reasonable assistance to participating local governments
1754in the development of enforcement procedures and regulations,
1755and participating local governments shall monitor permitholders
1756for compliance in cooperation with the division. At a minimum,
1757participating local governments shall establish a procedure to
1758accept, document, and respond to complaints and to timely report
1759to the division all such complaints and the participating local
1760governments' enforcement responses to such complaints. A
1761participating local government shall provide the division with a
1762copy of all approved applications and permits issued, and the
1763participating local government shall require that all
1764applications, permits, and other related materials contain the
1765appropriate division-issued license number for each public food
1766service establishment.
1767     (7)  FUTURE REVIEW AND REPEAL.--This section shall expire
1768July 1, 2009, unless reviewed and saved from repeal through
1769reenactment by the Legislature.
1770     Section 45.  Subsections (8) through (22) of section
1771548.002, Florida Statutes, are renumbered as subsections (9)
1772through (23), respectively, and a new subsection (8) is added to
1773that section, to read:
1774     548.002  Definitions.--As used in this chapter, the term:
1775     (8)  "Event" means one or more matches comprising a show.
1776     Section 46.  Paragraph (k) of subsection (2) of section
1777548.003, Florida Statutes, is amended to read:
1778     548.003  Florida State Boxing Commission.--
1779     (2)  The Florida State Boxing Commission, as created by
1780subsection (1), shall administer the provisions of this chapter.
1781The commission has authority to adopt rules pursuant to ss.
1782120.536(1) and 120.54 to implement the provisions of this
1783chapter and to implement each of the duties and responsibilities
1784conferred upon the commission, including, but not limited to:
1785     (k)  Establishment of criteria for approval, disapproval,
1786suspension of approval, and revocation of approval of amateur
1787sanctioning organizations for amateur boxing, and kickboxing,
1788and mixed martial arts matches held in this state, including,
1789but not limited to, the health and safety standards the
1790organizations use before, during, and after the matches to
1791ensure the health, safety, and well-being of the amateurs
1792participating in the matches, including the qualifications and
1793numbers of health care personnel required to be present, the
1794qualifications required for referees, and other requirements
1795relating to the health, safety, and well-being of the amateurs
1796participating in the matches. The commission may adopt by rule,
1797or incorporate by reference into rule, the health and safety
1798standards of USA Boxing as the minimum health and safety
1799standards for an amateur boxing sanctioning organization, and
1800the health and safety standards of the International Sport
1801Kickboxing Association as the minimum health and safety
1802standards for an amateur kickboxing sanctioning organization,
1803and the minimum health and safety standards for an amateur mixed
1804martial arts sanctioning organization. The commission shall
1805review its rules for necessary revision at least every 2 years
1806and may adopt by rule, or incorporate by reference into rule,
1807the then-existing current health and safety standards of USA
1808Boxing and the International Sport Kickboxing Association. The
1809commission may adopt emergency rules to administer this
1810paragraph.
1811     Section 47.  For the purpose of incorporating the amendment
1812made by this act to subsection (1) of section 455.227, Florida
1813Statutes, in a reference thereto, paragraph (a) of subsection
1814(2) of section 468.436, Florida Statutes, is reenacted to read:
1815     468.436  Disciplinary proceedings.--
1816     (2)  The following acts constitute grounds for which the
1817disciplinary actions in subsection (4) may be taken:
1818     (a)  Violation of any provision of s. 455.227(1).
1819     Section 48.  For the purpose of incorporating the amendment
1820made by this act to subsection (1) of section 455.227, Florida
1821Statutes, in a reference thereto, paragraph (a) of subsection
1822(1) of section 468.832, Florida Statutes, is reenacted to read:
1823     468.832  Disciplinary proceedings.--
1824     (1)  The following acts constitute grounds for which the
1825disciplinary actions in subsection (2) may be taken:
1826     (a)  Violation of any provision of this part or s.
1827455.227(1);
1828     Section 49.  For the purpose of incorporating the amendment
1829made by this act to subsection (1) of section 455.227, Florida
1830Statutes, in a reference thereto, paragraph (a) of subsection
1831(1) of section 468.842, Florida Statutes, is reenacted to read:
1832     468.842  Disciplinary proceedings.--
1833     (1)  The following acts constitute grounds for which the
1834disciplinary actions in subsection (2) may be taken:
1835     (a)  Violation of any provision of this part or s.
1836455.227(1);
1837     Section 50.  For the purpose of incorporating the amendment
1838made by this act to subsection (1) of section 455.227, Florida
1839Statutes, in a reference thereto, paragraph (a) of subsection
1840(1) of section 471.033, Florida Statutes, is reenacted to read:
1841     471.033  Disciplinary proceedings.--
1842     (1)  The following acts constitute grounds for which the
1843disciplinary actions in subsection (3) may be taken:
1844     (a)  Violating any provision of s. 455.227(1), s. 471.025,
1845or s. 471.031, or any other provision of this chapter or rule of
1846the board or department.
1847     Section 51.  For the purpose of incorporating the amendment
1848made by this act to section (1) of section 455.227, Florida
1849Statutes, in a reference thereto, paragraph (a) of subsection
1850(1) of section 472.033, Florida Statutes, is reenacted to read:
1851     472.033  Disciplinary proceedings.--
1852     (1)  The following acts constitute grounds for which the
1853disciplinary actions in subsection (2) may be taken:
1854     (a)  Violation of any provision of s. 472.031 or s.
1855455.227(1);
1856     Section 52.  For the purpose of incorporating the amendment
1857made by this act to subsection (1) of section 455.227, Florida
1858Statutes, in a reference thereto, paragraph (a) of subsection
1859(1) of section 473.323, Florida Statutes, is reenacted to read:
1860     473.323  Disciplinary proceedings.--
1861     (1)  The following acts constitute grounds for which the
1862disciplinary actions in subsection (3) may be taken:
1863     (a)  Violation of any provision of s. 455.227(1) or any
1864other provision of this chapter.
1865     Section 53.  For the purpose of incorporating the amendment
1866made by this act to subsection (1) of section 455.227, Florida
1867Statutes, in a reference thereto, paragraph (a) of subsection
1868(1) of section 475.25, Florida Statutes, is reenacted to read:
1869     475.25  Discipline.--
1870     (1)  The commission may deny an application for licensure,
1871registration, or permit, or renewal thereof; may place a
1872licensee, registrant, or permittee on probation; may suspend a
1873license, registration, or permit for a period not exceeding 10
1874years; may revoke a license, registration, or permit; may impose
1875an administrative fine not to exceed $5,000 for each count or
1876separate offense; and may issue a reprimand, and any or all of
1877the foregoing, if it finds that the licensee, registrant,
1878permittee, or applicant:
1879     (a)  Has violated any provision of s. 455.227(1) or s.
1880475.42. However, licensees under this part are exempt from the
1881provisions of s. 455.227(1)(i).
1882     Section 54.  For the purpose of incorporating the amendment
1883made by this act to subsection (1) of section 455.227, Florida
1884Statutes, in a reference thereto, subsection (1) of section
1885475.624, Florida Statutes, is reenacted to read:
1886     475.624  Discipline.--The board may deny an application for
1887registration or certification; may investigate the actions of
1888any appraiser registered, licensed, or certified under this
1889part; may reprimand or impose an administrative fine not to
1890exceed $5,000 for each count or separate offense against any
1891such appraiser; and may revoke or suspend, for a period not to
1892exceed 10 years, the registration, license, or certification of
1893any such appraiser, or place any such appraiser on probation, if
1894it finds that the registered trainee, licensee, or
1895certificateholder:
1896     (1)  Has violated any provisions of this part or s.
1897455.227(1); however, certificateholders, registrants, and
1898licensees under this part are exempt from the provisions of s.
1899455.227(1)(i).
1900     Section 55.  For the purpose of incorporating the amendment
1901made by this act to subsection (1) of section 455.227, Florida
1902Statutes, in a reference thereto, paragraph (h) of subsection
1903(1) of section 476.204, Florida Statutes, is reenacted to read:
1904     476.204  Penalties.--
1905     (1)  It is unlawful for any person to:
1906     (h)  Violate any provision of s. 455.227(1), s. 476.194, or
1907s. 476.214.
1908     Section 56.  For the purpose of incorporating the amendment
1909made by this act to subsection (1) of section 455.227, Florida
1910Statutes, in a reference thereto, paragraph (h) of subsection
1911(1) of section 477.029, Florida Statutes, is reenacted to read:
1912     477.029  Penalty.--
1913     (1)  It is unlawful for any person to:
1914     (h)  Violate any provision of s. 455.227(1), s. 477.0265,
1915or s. 477.028.
1916     Section 57.  For the purpose of incorporating the amendment
1917made by this act to subsection (1) of section 455.227, Florida
1918Statutes, in a reference thereto, paragraph (a) of subsection
1919(1) of section 481.225, Florida Statutes, is reenacted to read:
1920     481.225  Disciplinary proceedings against registered
1921architects.--
1922     (1)  The following acts constitute grounds for which the
1923disciplinary actions in subsection (3) may be taken:
1924     (a)  Violating any provision of s. 455.227(1), s. 481.221,
1925or s. 481.223, or any rule of the board or department lawfully
1926adopted pursuant to this part or chapter 455.
1927     Section 58.  For the purpose of incorporating the amendment
1928made by this act to subsection (1) of section 455.227, Florida
1929Statutes, in a reference thereto, paragraph (a) of subsection
1930(1) of section 481.325, Florida Statutes, is reenacted to read:
1931     481.325  Disciplinary proceedings.--
1932     (1)  The following acts constitute grounds for which the
1933disciplinary actions in subsection (3) may be taken:
1934     (a)  Violation of any provision of s. 455.227(1), s.
1935481.321, or s. 481.323.
1936     Section 59.  Section 509.201, Florida Statutes, is
1937repealed.
1938     Section 60.  Effective upon this act becoming a law, the
1939amendments made by this act to ss. 489.128(1)(a) and
1940489.532(1)(a), Florida Statutes, shall apply retroactively to
1941contracts entered into on or after October 1, 2000, and shall
1942apply retroactively to all actions pending when this act becomes
1943a law.
1944     Section 61.  Except as otherwise expressly provided in this
1945act, this act shall take effect October 1, 2009.


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