August 14, 2020
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CS/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 s. 477.026, F.S.; increasing maximum fees for
70cosmetology licenses; amending ss. 481.215 and 481.313,
71F.S.; deleting provisions requiring architect, interior
72designer, and landscape architect licensees to complete a
73certain core curriculum or pass an equivalency test of the
74Florida Building Code Compliance and Mitigation Program;
75amending s. 489.103, F.S.; revising a disclosure statement
76that a local permitting agency must provide to property
77owners who apply for building permits and claim certain
78exemptions from provisions regulating construction
79contracting; amending s. 489.105, F.S.; revising the term
80"specialty contractor" to require that the scope of work
81and responsibility of a specialty contractor be
82established in a category of construction contracting
83adopted by rule of the Construction Industry Licensing
84Board; amending s. 489.109, F.S.; increasing maximum fees
85for construction contractor certifications; establishing
86fees for registration or certification to qualify a
87business organization for contracting; deleting provisions
88relating to a business organization's certificate of
89authority to conform to changes made by the act; amending
90s. 489.114, F.S.; deleting provisions relating to a
91business organization's certificate of authority to
92conform to changes made by the act; amending s. 489.115,
93F.S.; deleting provisions requiring construction
94contractor certificateholders and registrants to complete
95a certain core curriculum or pass an equivalency test of
96the Florida Building Code Compliance and Mitigation
97Program; amending s. 489.117, F.S.; revising requirements
98for the registration of certain contractors; deleting
99provisions requiring a contractor applicant to submit
100proof of a local occupational license; specifying
101circumstances under which a specialty contractor holding a
102local license is not required to register with the board;
103deleting provisions for the issuance of tracking
104registrations to certain contractors who are not eligible
105for registration as specialty contractors; limiting the
106licensing and disciplinary actions that local
107jurisdictions must report to the board to certain actions
108of registered contractors; deleting provisions requiring
109the board to establish uniform job scopes for any
110construction contracting license category; amending s.
111489.119, F.S.; deleting provisions for the issuance of a
112certificate of authority to a business organization for
113contracting; requiring a contractor to apply for
114registration or certification to qualify a business
115organization as the qualifying agent; authorizing the
116board to deny a registration or certification to qualify a
117business organization under certain circumstances;
118providing application procedures and requirements for the
119issuance of a business tax receipt to a business
120organization; deleting provisions for the issuance of an
121occupational license to a business organization;
122authorizing a local government to impose fines against
123certified or registered contractors under certain
124circumstances; requiring the qualifying agent of a
125business organization to present certain evidence to the
126board; providing that the board has discretion to approve
127a business organization; amending s. 489.127, F.S.;
128deleting provisions relating to a business organization's
129certificate of authority for contracting to conform to
130changes made by the act; amending s. 489.128, F.S.;
131revising the circumstances under which a person is
132considered an unlicensed contractor; deleting provisions
133relating to a business organization's certificate of
134authority for contracting to conform to changes made by
135the act; amending ss. 489.129 and 489.132, F.S.; deleting
136provisions relating to a business organization's
137certificate of authority for contracting to conform to
138changes made by the act; amending s. 489.1455, F.S.;
139deleting provisions requiring certain journeymen licensees
140to complete a certain core curriculum or pass an
141equivalency test of the Florida Building Code Compliance
142and Mitigation Program; amending s. 489.505, F.S.;
143revising the term "specialty contractor" to require that
144the scope of practice of a specialty contractor be
145established in a category of electrical or alarm system
146contracting adopted by rule of the Electrical Contractors'
147Licensing Board; amending s. 489.513, F.S.; deleting a
148requirement that the local license required for an
149electrical or alarm system contractor be an occupational
150license; limiting the licensing and disciplinary actions
151that local jurisdictions must report to the board to
152certain actions of registered contractors; deleting
153provisions requiring the board to establish uniform job
154scopes for any electrical and alarm system contracting
155license category; amending s. 489.516, F.S.; authorizing
156local officials to require a contractor to obtain a
157business tax receipt; deleting provisions requiring a
158contractor to pay an occupational license fee; amending s.
159489.517, F.S.; deleting provisions requiring electrical
160and alarm system contractor certificateholders and
161registrants to complete a certain core curriculum or pass
162an equivalency test of the Florida Building Code
163Compliance and Mitigation Program; amending s. 489.521,
164F.S.; providing application procedures and requirements
165for the issuance of a business tax receipt to a business
166organization; deleting provisions for the issuance of an
167occupational license to a business organization; amending
168s. 489.5315, F.S.; specifying that certain electrical or
169alarm system contractors are not required to obtain a
170business tax receipt; deleting a provision exempting
171certain contractors from requirements for an occupational
172license to conform to changes made by the act; amending s.
173489.532, F.S.; revising the circumstances under which a
174person is considered an unlicensed electrical or alarm
175system contractor; amending s. 489.537, F.S.; authorizing
176a county or municipality to collect fees for business tax
177receipts from electrical and alarm system contractors;
178deleting a provision authorizing the collection of
179occupational license fees; amending s. 509.233, F.S.;
180authorizing local governments to establish, by ordinance,
181local exemption procedures to allow patrons' dogs within
182certain designated outdoor portions of public food service
183establishments; deleting provisions for a pilot program
184that limits the authority for such local exemption
185procedures to a specified time; deleting a provision that
186provides for the future review and repeal of such pilot
187program; amending s. 548.002, F.S.; defining the term
188"event" for regulation of pugilistic exhibitions; amending
189s. 548.003, F.S.; authorizing the Florida State Boxing
190Commission to adopt criteria for the approval of certain
191amateur sanctioning organizations; authorizing the
192commission to adopt health and safety standards for
193amateur mixed martial arts; reenacting ss. 468.436(2)(a),
194468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
195472.033(1)(a), 473.323(1)(a), 475.25(1)(a), 475.624(1),
196476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
197481.325(1)(a), F.S., relating to the discipline of
198community association managers or firms, home inspectors,
199mold assessors and remediators, engineers, surveyors and
200mappers, certified public accountants and accounting
201firms, real estate brokers and sales associates, real
202estate appraisers, barbers, cosmetologists, architects,
203and landscape architects, to incorporate the amendment
204made to s. 455.227, F.S., in references thereto; repealing
205s. 509.201, F.S., relating to posting and advertising the
206room rates of a public lodging establishment and related
207penalties; providing effective dates.
208
209Be It Enacted by the Legislature of the State of Florida:
210
211     Section 1.  Subsection (1) of section 455.213, Florida
212Statutes, is amended to read:
213     455.213  General licensing provisions.--
214     (1)  Any person desiring to be licensed shall apply to the
215department in writing. The application for licensure shall be
216submitted made on a form prescribed prepared and furnished by
217the department and must include the applicant's social security
218number. Notwithstanding any other provision of law, the
219department is the sole authority for determining the contents of
220any documents to be submitted for initial licensure and
221licensure renewal. Such documents may contain information
222including, as appropriate: demographics, education, work
223history, personal background, criminal history, finances,
224business information, complaints, inspections, investigations,
225discipline, bonding, signature notarization, photographs,
226performance periods, reciprocity, local government approvals,
227supporting documentation, periodic reporting requirements,
228fingerprint requirements, continuing education requirements, and
229ongoing education monitoring. The application shall be
230supplemented as needed to reflect any material change in any
231circumstance or condition stated in the application which takes
232place between the initial filing of the application and the
233final grant or denial of the license and which might affect the
234decision of the department. In order to further the economic
235development goals of the state, and notwithstanding any law to
236the contrary, the department may enter into an agreement with
237the county tax collector for the purpose of appointing the
238county tax collector as the department's agent to accept
239applications for licenses and applications for renewals of
240licenses. The agreement must specify the time within which the
241tax collector must forward any applications and accompanying
242application fees to the department. In cases where a person
243applies or schedules directly with a national examination
244organization or examination vendor to take an examination
245required for licensure, any organization- or vendor-related fees
246associated with the examination may be paid directly to the
247organization or vendor. An application is received for purposes
248of s. 120.60 upon the department's receipt of the application
249submitted in the format prescribed by the department; the
250application fee set by the board or, if there is no board, set
251by the department; and any other fee required by law or rule to
252be remitted with the application.
253     Section 2.  Paragraphs (t) and (u) are added to subsection
254(1) of section 455.227, Florida Statutes, to read:
255     455.227  Grounds for discipline; penalties; enforcement.--
256     (1)  The following acts shall constitute grounds for which
257the disciplinary actions specified in subsection (2) may be
258taken:
259     (t)  Failing to report in writing to the board or, if there
260is no board, to the department within 30 days after the licensee
261is convicted or found guilty of, or entered a plea of nolo
262contendere or guilty to, regardless of adjudication, a crime in
263any jurisdiction. A licensee must report a conviction, finding
264of guilt, plea, or adjudication entered before the effective
265date of this paragraph within 30 days after the effective date
266of this paragraph.
267     (u)  Termination from a treatment program for impaired
268practitioners as described in s. 456.076 for failure to comply,
269without good cause, with the terms of the monitoring or
270treatment contract entered into by the licensee or failing to
271successfully complete a drug or alcohol treatment program.
272     Section 3.  Section 455.2274, Florida Statutes, is created
273to read:
274     455.2274  Criminal proceedings against licensees;
275appearances by department representatives.--A representative of
276the department may voluntarily appear in a criminal proceeding
277brought against a person licensed by the department to practice
278a profession regulated by the state. The department's
279representative is authorized to furnish pertinent information,
280make recommendations regarding specific conditions of probation,
281and provide other assistance to the court necessary to promote
282justice or protect the public. The court may order a
283representative of the department to appear in a criminal
284proceeding if the crime charged is substantially related to the
285qualifications, functions, or duties of a license regulated by
286the department.
287     Section 4.  Paragraph (i) of subsection (1) of section
288468.402, Florida Statutes, is amended to read:
289     468.402  Duties of the department; authority to issue and
290revoke license; adoption of rules.--
291     (1)  The department may take any one or more of the actions
292specified in subsection (5) against any person who has:
293     (i)  Had a license to operate a talent agency revoked,
294suspended, or otherwise acted against, including, but not
295limited to, having been denied a license for good cause by the
296licensing authority of any another state, territory, or country.
297     Section 5.  Subsection (1) of section 468.403, Florida
298Statutes, is amended to read:
299     468.403  License requirements.--
300     (1)  A person may not own, operate, solicit business, or
301otherwise engage in or carry on the occupation of a talent
302agency in this state unless the such person first procures a
303license for the talent agency from the department. However, A
304license is not required for a person who acts as an agent for
305herself or himself, a family member, or exclusively for one
306artist. However, a person may not advertise or otherwise hold
307herself or himself out as a "talent agency" or "talent agent"
308unless the person is licensed under this section as a talent
309agency.
310     Section 6.  Section 468.409, Florida Statutes, is amended
311to read:
312     468.409  Records required to be kept.--Each talent agency
313shall keep on file the application, registration, or contract of
314each artist. In addition, such file must include the name and
315address of each artist, the amount of the compensation received,
316and all attempts to procure engagements for the artist. No such
317agency or employee thereof shall knowingly make any false entry
318in applicant files or receipt files. Each card or document in
319such files shall be preserved for a period of 1 year after the
320date of the last entry thereon. Records required under this
321section shall be readily available for inspection by the
322department during reasonable business hours at the talent
323agency's principal office. A talent agency must provide the
324department with true copies of the records in the manner
325prescribed by the department.
326     Section 7.  Subsection (3) of section 468.410, Florida
327Statutes, is amended to read:
328     468.410  Prohibition against registration fees; referral.--
329     (3)  A talent agency shall give each applicant a copy of a
330contract, within 24 hours after the contract's execution, which
331lists the services to be provided and the fees to be charged.
332The contract shall state that the talent agency is regulated by
333the department and shall list the address and telephone number
334of the department.
335     Section 8.  Subsections (5) and (8) of section 468.412,
336Florida Statutes, are amended, and subsection (11) is added to
337that section, to read:
338     468.412  Talent agency regulations; prohibited acts.--
339     (5)(a)  No talent agency may knowingly issue a contract for
340employment containing any term or condition which, if complied
341with, would be in violation of law, or attempt to fill an order
342for help to be employed in violation of law.
343     (b)  A talent agency must advise an artist, in writing,
344that the artist has a right to rescind a contract for employment
345within the first 3 business days after the contract's execution.
346Any engagement procured by the talent agency for the artist
347during the first 3 business days of the contract remains
348commissionable to the talent agency.
349     (8)  No talent agency, without the written consent of the
350artist, may divide fees with anyone, including, but not limited
351to, an agent or other employee of an employer, a buyer, a
352casting director, a producer, a director, or any venue that uses
353entertainment. For purposes of this subsection, to "divide fees"
354includes the sharing among two or more persons of those fees
355charged to an artist for services performed on behalf of that
356artist, the total amount of which fees exceeds the amount that
357would have been charged to the artist by the talent agency
358alone.
359     (11)  A talent agency may assign an engagement contract to
360another talent agency licensed in this state only if the artist
361agrees in writing to the assignment. The assignment must occur,
362and written notice of the assignment must be given to the
363artist, within 30 days after the artist agrees in writing to the
364assignment.
365     Section 9.  Subsection (4) of section 468.413, Florida
366Statutes, is amended to read:
367     468.413  Legal requirements; penalties.--
368     (4)  In the event the department or any state attorney
369shall have probable cause to believe that a talent agency or
370other person has violated any provision of subsection (1), an
371action may be brought by the department or any state attorney to
372enjoin such talent agency or any person from continuing such
373violation, or engaging therein or doing any acts in furtherance
374thereof, and for such other relief as to the court seems
375appropriate. In addition to this remedy, the department may
376assess a penalty against any talent agency or any person in an
377amount not to exceed $5,000 $1,000.
378     Section 10.  Paragraph (d) of subsection (3) of section
379468.609, Florida Statutes, is amended to read:
380     468.609  Administration of this part; standards for
381certification; additional categories of certification.--
382     (3)  A person may take the examination for certification as
383a building code administrator pursuant to this part if the
384person:
385     (d)  After the building code training program is
386established under s. 553.841, demonstrates successful completion
387of the core curriculum approved by the Florida Building
388Commission, appropriate to the licensing category sought.
389     Section 11.  Subsection (6) of section 468.627, Florida
390Statutes, is amended to read:
391     468.627  Application; examination; renewal; fees.--
392     (6)  Each certificateholder shall provide to the board
393proof of completion of the core curriculum courses of the
394building code training program established by s. 553.841, within
3952 years after commencement of the program. Each new
396certificateholder shall provide to the board proof of completion
397of the core curriculum courses of the building code training
398program established in s. 553.841 within the first 2-year period
399after initial licensure. Continuing education hours spent taking
400such core curriculum courses shall count toward the number
401required for license renewal.
402     Section 12.  Section 471.0195, Florida Statutes, is amended
403to read:
404     471.0195  Florida Building Code training for
405engineers.--All licensees actively participating in the design
406of engineering works or systems in connection with buildings,
407structures, or facilities and systems covered by the Florida
408Building Code shall take continuing education courses and submit
409proof to the board, at such times and in such manner as
410established by the board by rule, that the licensee has
411completed the core curriculum courses and any specialized or
412advanced courses on any portion of the Florida Building Code
413applicable to the licensee's area of practice or has passed the
414appropriate equivalency test of the Building Code Training
415Program as required by s. 553.841. The board shall record
416reported continuing education courses on a system easily
417accessed by code enforcement jurisdictions for evaluation when
418determining license status for purposes of processing design
419documents. Local jurisdictions shall be responsible for
420notifying the board when design documents are submitted for
421building construction permits by persons who are not in
422compliance with this section. The board shall take appropriate
423action as provided by its rules when such noncompliance is
424determined to exist.
425     Section 13.  Section 473.305, Florida Statutes, is amended
426to read:
427     473.305  Fees.--The board, by rule, may establish fees to
428be paid for applications, examination, reexamination, licensing
429and renewal, reinstatement, and recordmaking and recordkeeping.
430The fee for the examination shall be established at an amount
431that covers the costs for the procurement or development,
432administration, grading, and review of the examination. The fee
433for the examination is refundable if the applicant is found to
434be ineligible to sit for the examination. The fee for initial
435application is nonrefundable, and the combined fees for
436application and examination may not exceed $250 plus the actual
437per applicant cost to the department for purchase of the
438examination from the American Institute of Certified Public
439Accountants or a similar national organization. The biennial
440renewal fee may not exceed $250. The board may also establish,
441by rule, a reactivation fee, a late filing fee for the law and
442rules examination, and a delinquency fee not to exceed $50 for
443continuing professional education reporting forms. The board
444shall establish fees which are adequate to ensure the continued
445operation of the board and to fund the proportionate expenses
446incurred by the department which are allocated to the regulation
447of public accountants. Fees shall be based on department
448estimates of the revenue required to implement this chapter and
449the provisions of law with respect to the regulation of
450certified public accountants.
451     Section 14.  Subsection (1) of section 473.311, Florida
452Statutes, is amended to read:
453     473.311  Renewal of license.--
454     (1)  The department shall renew a license upon receipt of
455the renewal application and fee and upon certification by the
456board that the licensee has satisfactorily completed the
457continuing education requirements of s. 473.312 and has passed
458an examination approved by the board on chapter 455 and this
459chapter and the related administrative rules. However, each
460licensee must complete the requirements of s. 473.312(1)(c)
461prior to taking the examination.
462     Section 15.  Subsection (3) of section 473.313, Florida
463Statutes, is amended to read:
464     473.313  Inactive status.--
465     (3)  Any licensee holding an inactive license may be
466permitted to reactivate such license in a conditional manner.
467The conditions of reactivation shall require, in addition to the
468payment of fees, the passing of the examination approved by the
469board concerning chapter 455 and this chapter, and the related
470administrative rules, and the completion of required continuing
471education.
472     Section 16.  Paragraph (a) of subsection (1) of section
473475.175, Florida Statutes, is amended to read:
474     475.175  Examinations.--
475     (1)  A person shall be entitled to take the license
476examination to practice in this state if the person:
477     (a)  Submits to the department the appropriate notarized or
478electronically authenticated application and fee, and a
479fingerprint card. The fingerprint card shall be forwarded to the
480Division of Criminal Justice Information Systems within the
481Department of Law Enforcement for purposes of processing the
482fingerprint card to determine if the applicant has a criminal
483history record. The fingerprint card shall also be forwarded to
484the Federal Bureau of Investigation for purposes of processing
485the fingerprint card to determine if the applicant has a
486criminal history record. The information obtained by the
487processing of the fingerprint card by the Florida Department of
488Law Enforcement and the Federal Bureau of Investigation shall be
489sent to the department for the purpose of determining if the
490applicant is statutorily qualified for examination. Effective
491July 1, 2006, an applicant shall provide fingerprints in
492electronic format.
493     Section 17.  Subsection (6) of section 475.451, Florida
494Statutes, is amended to read:
495     475.451  Schools teaching real estate practice.--
496     (6)  Any course prescribed by the commission as a condition
497precedent to any person's becoming initially licensed as a sales
498associate may be taught in any real estate school through the
499use of a video tape of instruction by a currently permitted
500instructor from any such school or may be taught by distance
501learning pursuant to s. 475.17(2). The commission may require
502that any such video tape course have a single session of live
503instruction by a currently permitted instructor from any such
504school; however, this requirement shall not exceed 3 classroom
505hours. All other prescribed courses, except the continuing
506education course required by s. 475.182, shall be taught by a
507currently permitted school instructor personally in attendance
508at such course or by distance learning pursuant to s. 475.17.
509The continuing education course required by s. 475.182 may be
510taught by distance learning pursuant to s. 475.17 or by an
511equivalent correspondence course; however, any such
512correspondence course shall be required to have a final
513examination, prepared and administered by the school issuing the
514correspondence course. The continuing education requirements
515provided in this section or provided in any other section in
516this chapter do not apply with respect to an any attorney who is
517otherwise qualified under the provisions of this chapter and who
518is a member in good standing of The Florida Bar.
519     Section 18.  Subsection (5) of section 475.615, Florida
520Statutes, is amended to read:
521     475.615  Qualifications for registration or
522certification.--
523     (5)  At the time of filing an a notarized application for
524registration or certification, the applicant must sign a pledge
525to comply with the Uniform Standards of Professional Appraisal
526Practice upon registration or certification and must indicate in
527writing that she or he understands the types of misconduct for
528which disciplinary proceedings may be initiated. The application
529shall expire 1 year after the date received.
530     Section 19.  Subsection (1) of section 476.134, Florida
531Statutes, is amended to read:
532     476.134  Examinations.--
533     (1)  Examinations of applicants for licenses as barbers
534shall be offered not less than four times each year. The
535examination of applicants for licenses as barbers shall may
536include both a practical demonstration and a written test. The
537board shall have the authority to adopt rules with respect to
538the examination of applicants for licensure. The board may
539provide rules with respect to written or practical examinations
540in such manner as the board may deem fit.
541     Section 20.  Paragraph (b) of subsection (6) of section
542476.144, Florida Statutes, is amended to read:
543     476.144  Licensure.--
544     (6)  A person may apply for a restricted license to
545practice barbering. The board shall adopt rules specifying
546procedures for an applicant to obtain a restricted license if
547the applicant:
548     (b)  Passes a written examination on the laws and rules
549governing the practice of barbering in Florida, as established
550by the board, and a practical examination approved by the board.
551
552The restricted license shall limit the licensee's practice to
553those specific areas in which the applicant has demonstrated
554competence pursuant to rules adopted by the board.
555     Section 21.  Paragraph (a) of subsection (1) of section
556477.026, Florida Statutes, is amended to read:
557     477.026  Fees; disposition.--
558     (1)  The board shall set fees according to the following
559schedule:
560     (a)  For cosmetologists, fees for original licensing,
561license renewal, and delinquent renewal shall not exceed $50
562$25.
563     Section 22.  Subsection (6) of section 481.215, Florida
564Statutes, is renumbered as subsection (5), and present
565subsection (5) of that section is amended to read:
566     481.215  Renewal of license.--
567     (5)  Each licensee shall provide to the board proof of
568completion of the core curriculum courses, or passing the
569equivalency test of the Building Code Training Program
570established by s. 553.841, within 2 years after commencement of
571the program or after initial licensure, whichever is later.
572Hours spent taking core curriculum courses shall count toward
573the number required for license renewal. A licensee who passes
574the equivalency test in lieu of taking the core curriculum
575courses shall receive full credit for such core curriculum
576course hours.
577     Section 23.  Subsection (6) of section 481.313, Florida
578Statutes, is renumbered as subsection (5), and present
579subsection (5) of that section is amended to read:
580     481.313  Renewal of license.--
581     (5)  Each licenseholder shall provide to the board proof of
582completion of the core curriculum courses, or passing the
583equivalency test of the Building Code Training Program
584established by s. 553.841, within 2 years after commencement of
585the program or of initial licensure, whichever is later. Hours
586spent taking core curriculum courses shall count toward the
587number required for license renewal. A licensee who passes the
588equivalency test in lieu of taking the core curriculum courses
589shall receive full credit for core curriculum course hours.
590     Section 24.  Subsection (7) of section 489.103, Florida
591Statutes, is amended to read:
592     489.103  Exemptions.--This part does not apply to:
593     (7)  Owners of property when acting as their own contractor
594and providing direct, onsite supervision themselves of all work
595not performed by licensed contractors:
596     (a)  When building or improving farm outbuildings or one-
597family or two-family residences on such property for the
598occupancy or use of such owners and not offered for sale or
599lease, or building or improving commercial buildings, at a cost
600not to exceed $75,000, on such property for the occupancy or use
601of such owners and not offered for sale or lease. In an action
602brought under this part, proof of the sale or lease, or offering
603for sale or lease, of any such structure by the owner-builder
604within 1 year after completion of same creates a presumption
605that the construction was undertaken for purposes of sale or
606lease.
607     (b)  When repairing or replacing wood shakes or asphalt or
608fiberglass shingles on one-family, two-family, or three-family
609residences for the occupancy or use of such owner or tenant of
610the owner and not offered for sale within 1 year after
611completion of the work and when the property has been damaged by
612natural causes from an event recognized as an emergency
613situation designated by executive order issued by the Governor
614declaring the existence of a state of emergency as a result and
615consequence of a serious threat posed to the public health,
616safety, and property in this state.
617
618This subsection does not exempt any person who is employed by or
619has a contract with such owner and who acts in the capacity of a
620contractor. The owner may not delegate the owner's
621responsibility to directly supervise all work to any other
622person unless that person is registered or certified under this
623part and the work being performed is within the scope of that
624person's license. For the purposes of this subsection, the term
625"owners of property" includes the owner of a mobile home
626situated on a leased lot. To qualify for exemption under this
627subsection, an owner must personally appear and sign the
628building permit application and must satisfy local permitting
629agency requirements, if any, proving that the owner has a
630complete understanding of the owner's obligations under the law
631as specified in the disclosure statement in this section. If any
632person violates the requirements of this subsection, the local
633permitting agency shall withhold final approval, revoke the
634permit, or pursue any action or remedy for unlicensed activity
635against the owner and any person performing work that requires
636licensure under the permit issued. The local permitting agency
637shall provide the person with a disclosure statement in
638substantially the following form:
639
640
DISCLOSURE STATEMENT
641
6421.  I understand that state law requires construction to
643be done by a licensed contractor and have applied for an
644owner-builder permit under an exemption from the law. The
645exemption specifies that I, as the owner of the property
646listed, may act as my own contractor with certain
647restrictions even though I do not have a license.
648
6492.  I understand that building permits are not required to
650be signed by a property owner unless he or she is
651responsible for the construction and is not hiring a
652licensed contractor to assume responsibility.
653
6543.  I understand that, as an owner-builder, I am the
655responsible party of record on a permit. I understand that
656I may protect myself from potential financial risk by
657hiring a licensed contractor and having the permit filed
658in his or her name instead of my own name. I also
659understand that a contractor is required by law to be
660licensed in Florida and to list his or her license numbers
661on permits and contracts.
662
6634.  I understand that I may build or improve a one-family
664or two-family residence or a farm outbuilding. I may also
665build or improve a commercial building if the costs do not
666exceed $75,000. The building or residence must be for my
667own use or occupancy. It may not be built or substantially
668improved for sale or lease. If a building or residence
669that I have built or substantially improved myself is sold
670or leased within 1 year after the construction is
671complete, the law will presume that I built or
672substantially improved it for sale or lease, which
673violates the exemption.
674
6755.  I understand that, as the owner-builder, I must
676provide direct, onsite supervision of the construction.
677
6786.  I understand that I may not hire an unlicensed person
679to act as my contractor or to supervise persons working on
680my building or residence. It is my responsibility to
681ensure that the persons whom I employ have the licenses
682required by law and by county or municipal ordinance.
683
6847.  I understand that it is a frequent practice of
685unlicensed persons to have the property owner obtain an
686owner-builder permit that erroneously implies that the
687property owner is providing his or her own labor and
688materials. I, as an owner-builder, may be held liable and
689subjected to serious financial risk for any injuries
690sustained by an unlicensed person or his or her employees
691while working on my property. My homeowner's insurance may
692not provide coverage for those injuries. I am willfully
693acting as an owner-builder and am aware of the limits of
694my insurance coverage for injuries to workers on my
695property.
696
6978.  I understand that I may not delegate the
698responsibility for supervising work to a licensed
699contractor who is not licensed to perform the work being
700done. Any person working on my building who is not
701licensed must work under my direct supervision and must be
702employed by me, which means that I must comply with laws
703requiring the withholding of federal income tax and social
704security contributions under the Federal Insurance
705Contributions Act (FICA) and must provide workers'
706compensation for the employee. I understand that my
707failure to follow these laws may subject me to serious
708financial risk.
709
7109.  I agree that, as the party legally and financially
711responsible for this proposed construction activity, I
712will abide by all applicable laws and requirements that
713govern owner-builders as well as employers. I also
714understand that the construction must comply with all
715applicable laws, ordinances, building codes, and zoning
716regulations.
717
71810.  I understand that I may obtain more information
719regarding my obligations as an employer from the Internal
720Revenue Service, the United States Small Business
721Administration, the Florida Department of Financial
722Services, and the Florida Department of Revenue. I also
723understand that I may contact the Florida Construction
724Industry Licensing Board at ...(telephone number)... or
725... (Internet website address)... for more information
726about licensed contractors.
727
72811.  I am aware of, and consent to, an owner-builder
729building permit applied for in my name and understand that
730I am the party legally and financially responsible for the
731proposed construction activity at the following address:
732...(address of property)....
733
73412.  I agree to notify ...(issuer of disclosure
735statements)... immediately of any additions, deletions, or
736changes to any of the information that I have provided on
737this disclosure.
738
739Licensed contractors are regulated by laws designed to
740protect the public. If you contract with a person who does
741not have a license, the Construction Industry Licensing
742Board and Department of Business and Professional
743Regulation may be unable to assist you with any financial
744loss that you sustain as a result of a complaint. Your
745only remedy against an unlicensed contractor may be in
746civil court. It is also important for you to understand
747that, if an unlicensed contractor or employee of an
748individual or firm is injured while working on your
749property, you may be held liable for damages. If you
750obtain an owner-builder permit and wish to hire a licensed
751contractor, you will be responsible for verifying whether
752the contractor is properly licensed and the status of the
753contractor's workers' compensation coverage.
754
755Before a building permit can be issued, this disclosure
756statement must be completed and signed by the property
757owner and returned to the local permitting agency
758responsible for issuing the permit. A copy of the property
759owner's driver license, the notarized signature of the
760property owner, or other type of verification acceptable
761to the local permitting agency is required when the permit
762is issued.
763
764Signature: ...(signature of property owner)....
765Date: ...(date)....
766
767     State law requires construction to be done by licensed
768contractors. You have applied for a permit under an exemption to
769that law. The exemption allows you, as the owner of your
770property, to act as your own contractor with certain
771restrictions even though you do not have a license. You must
772provide direct, onsite supervision of the construction yourself.
773You may build or improve a one-family or two-family residence or
774a farm outbuilding. You may also build or improve a commercial
775building, provided your costs do not exceed $75,000. The
776building or residence must be for your own use or occupancy. It
777may not be built or substantially improved for sale or lease. If
778you sell or lease a building you have built or substantially
779improved yourself within 1 year after the construction is
780complete, the law will presume that you built or substantially
781improved it for sale or lease, which is a violation of this
782exemption. You may not hire an unlicensed person to act as your
783contractor or to supervise people working on your building. It
784is your responsibility to make sure that people employed by you
785have licenses required by state law and by county or municipal
786licensing ordinances. You may not delegate the responsibility
787for supervising work to a licensed contractor who is not
788licensed to perform the work being done. Any person working on
789your building who is not licensed must work under your direct
790supervision and must be employed by you, which means that you
791must deduct F.I.C.A. and withholding tax and provide workers'
792compensation for that employee, all as prescribed by law. Your
793construction must comply with all applicable laws, ordinances,
794building codes, and zoning regulations.
795     Section 25.  Paragraph (q) of subsection (3) of section
796489.105, Florida Statutes, is amended to read:
797     489.105  Definitions.--As used in this part:
798     (3)  "Contractor" means the person who is qualified for,
799and shall only be responsible for, the project contracted for
800and means, except as exempted in this part, the person who, for
801compensation, undertakes to, submits a bid to, or does himself
802or herself or by others construct, repair, alter, remodel, add
803to, demolish, subtract from, or improve any building or
804structure, including related improvements to real estate, for
805others or for resale to others; and whose job scope is
806substantially similar to the job scope described in one of the
807subsequent paragraphs of this subsection. For the purposes of
808regulation under this part, "demolish" applies only to
809demolition of steel tanks over 50 feet in height; towers over 50
810feet in height; other structures over 50 feet in height, other
811than buildings or residences over three stories tall; and
812buildings or residences over three stories tall. Contractors are
813subdivided into two divisions, Division I, consisting of those
814contractors defined in paragraphs (a)-(c), and Division II,
815consisting of those contractors defined in paragraphs (d)-(q):
816     (q)  "Specialty contractor" means a contractor whose scope
817of work and responsibility is limited to a particular phase of
818construction established in a category adopted by board rule and
819whose scope is limited to a subset of the activities described
820in the categories established in one of the paragraphs of this
821subsection.
822     Section 26.  Paragraphs (a) and (d) of subsection (1) of
823section 489.109, Florida Statutes, are amended to read:
824     489.109  Fees.--
825     (1)  The board, by rule, shall establish reasonable fees to
826be paid for applications, certification and renewal,
827registration and renewal, and recordmaking and recordkeeping.
828The fees shall be established as follows:
829     (a)  With respect to an applicant for a certificate, the
830initial application fee may not exceed $150, and, if an
831examination cost is included in the application fee, the
832combined amount may not exceed $350. The initial certification
833fee and the renewal fee may not exceed $250 $200. However, any
834applicant who seeks certification under this part by taking a
835practical examination must pay as an examination fee the actual
836cost incurred by the department in developing, preparing,
837administering, scoring, score reporting, and evaluating the
838examination, if the examination is conducted by the department.
839     (d)  With respect to an application for registration or
840certification to qualify a business organization, the initial
841application fee and the renewal fee shall be $50 The board, by
842rule, may establish a fee for transfer of a certificate of
843authority from one business organization to another, not to
844exceed the applicable renewal fee.
845     Section 27.  Section 489.114, Florida Statutes, is amended
846to read:
847     489.114  Evidence of workers' compensation
848coverage.--Except as provided in s. 489.115(5)(d), any person,
849business organization, or qualifying agent engaged in the
850business of contracting in this state and certified or
851registered under this part shall, as a condition precedent to
852the issuance or renewal of a certificate or, registration, or
853certificate of authority of the contractor, provide to the
854Construction Industry Licensing Board, as provided by board
855rule, evidence of workers' compensation coverage pursuant to
856chapter 440. In the event that the Division of Workers'
857Compensation of the Department of Financial Services receives
858notice of the cancellation of a policy of workers' compensation
859insurance insuring a person or entity governed by this section,
860the Division of Workers' Compensation shall certify and identify
861all persons or entities by certification or registration license
862number to the department after verification is made by the
863Division of Workers' Compensation that persons or entities
864governed by this section are no longer covered by workers'
865compensation insurance. Such certification and verification by
866the Division of Workers' Compensation may result from records
867furnished to the Division of Workers' Compensation by the
868persons or entities governed by this section or an investigation
869completed by the Division of Workers' Compensation. The
870department shall notify the persons or entities governed by this
871section who have been determined to be in noncompliance with
872chapter 440, and the persons or entities notified shall provide
873certification of compliance with chapter 440 to the department
874and pay an administrative fine in the amount of $500. The
875failure to maintain workers' compensation coverage as required
876by law shall be grounds for the board to revoke, suspend, or
877deny the issuance or renewal of a certificate or, registration,
878or certificate of authority of the contractor under the
879provisions of s. 489.129.
880     Section 28.  Paragraph (b) of subsection (4) of section
881489.115, Florida Statutes, is amended to read:
882     489.115  Certification and registration; endorsement;
883reciprocity; renewals; continuing education.--
884     (4)
885     (b)1.  Each certificateholder or registrant shall provide
886proof, in a form established by rule of the board, that the
887certificateholder or registrant has completed at least 14
888classroom hours of at least 50 minutes each of continuing
889education courses during each biennium since the issuance or
890renewal of the certificate or registration. The board shall
891establish by rule that a portion of the required 14 hours must
892deal with the subject of workers' compensation, business
893practices, workplace safety, and, for applicable licensure
894categories, wind mitigation methodologies, and 1 hour of which
895must deal with laws and rules. The board shall by rule establish
896criteria for the approval of continuing education courses and
897providers, including requirements relating to the content of
898courses and standards for approval of providers, and may by rule
899establish criteria for accepting alternative nonclassroom
900continuing education on an hour-for-hour basis. The board shall
901prescribe by rule the continuing education, if any, which is
902required during the first biennium of initial licensure. A
903person who has been licensed for less than an entire biennium
904must not be required to complete the full 14 hours of continuing
905education.
906     2.  In addition, the board may approve specialized
907continuing education courses on compliance with the wind
908resistance provisions for one and two family dwellings contained
909in the Florida Building Code and any alternate methodologies for
910providing such wind resistance which have been approved for use
911by the Florida Building Commission. Division I
912certificateholders or registrants who demonstrate proficiency
913upon completion of such specialized courses may certify plans
914and specifications for one and two family dwellings to be in
915compliance with the code or alternate methodologies, as
916appropriate, except for dwellings located in floodways or
917coastal hazard areas as defined in ss. 60.3D and E of the
918National Flood Insurance Program.
919     3.  Each certificateholder or registrant shall provide to
920the board proof of completion of the core curriculum courses, or
921passing the equivalency test of the Building Code Training
922Program established under s. 553.841, specific to the licensing
923category sought, within 2 years after commencement of the
924program or of initial certification or registration, whichever
925is later. Classroom hours spent taking core curriculum courses
926shall count toward the number required for renewal of
927certificates or registration. A certificateholder or registrant
928who passes the equivalency test in lieu of taking the core
929curriculum courses shall receive full credit for core curriculum
930course hours.
931     3.4.  The board shall require, by rule adopted pursuant to
932ss. 120.536(1) and 120.54, a specified number of hours in
933specialized or advanced module courses, approved by the Florida
934Building Commission, on any portion of the Florida Building
935Code, adopted pursuant to part IV of chapter 553, relating to
936the contractor's respective discipline.
937     Section 29.  Paragraph (a) of subsection (1) and
938subsections (4) and (5) of section 489.117, Florida Statutes,
939are amended to read:
940     489.117  Registration; specialty contractors.--
941     (1)(a)  Any person engaged in the business of a contractor
942as defined in s. 489.105(3)(a)-(o) must in the state shall be
943registered in the proper classification, unless he or she is
944certified. Any person entering the business of a contractor
945shall be registered before prior to engaging in business as a
946contractor in this state, unless he or she is certified. To be
947initially registered, the applicant shall submit the required
948fee and file evidence, in a form provided by the department, of
949holding a current local occupational license required by any
950municipality, county, or development district, if any, for the
951type of work for which registration is desired and evidence of
952successful compliance with the local examination and licensing
953requirements, if any, in the area for which registration is
954desired. An No examination is not shall be required for
955registration.
956     (4)(a)  A person holding a local license whose job scope
957does not substantially correspond to either the job scope of one
958of the contractor categories defined in s. 489.105(3)(a)-(o), or
959the job scope of one of the certified specialty contractor
960categories previously established by board rule as of the
961effective date of this provision, is shall not be required to
962register with the board to perform contracting activities within
963the scope of such specialty license.
964     (b)  A local jurisdiction may require an individual holding
965a local specialty contractor license in a category which
966pursuant to paragraph (a) does not permit registration to obtain
967a tracking registration from the board, provided that the board
968has established by rule that the activities which comprise the
969job scope of the local specialty contractor license involve
970lifesafety considerations and a significant potential danger to
971the consumer.
972     (b)(c)  The local jurisdictions are shall be responsible
973for providing the following information to the board within 30
974days after licensure of, or any disciplinary action against, a
975locally licensed contractor who is registered under this part:
976     1.  Licensure information.,
977     2.  Code violation information pursuant to s. 553.781., and
978     3.  Disciplinary information. on locally licensed
979individuals to the board within 30 days after licensure or any
980disciplinary action, and
981
982The board shall maintain such licensure and disciplinary
983information as it is provided to the board them, and shall make
984the such information available through the automated information
985system provided pursuant to s. 455.2286. The biennial tracking
986registration fee shall not exceed $40.
987     (c)(d)  Neither the board nor the department assumes any
988responsibility for providing discipline pursuant to having
989provided the tracking registration. Providing discipline to such
990locally licensed contractors is individuals shall be the
991responsibility of the local jurisdiction. Failure to obtain a
992tracking registration shall not be considered a violation of
993this chapter; however, a local jurisdiction requiring such
994tracking registration may levy such penalties for failure to
995obtain the tracking registration as it chooses to provide
996through local ordinance.
997     (d)(e)  Any person who is not required to obtain
998registration or certification pursuant to s. 489.105(3)(d)-(o)
999may perform specialty contracting services for the construction,
1000remodeling, repair, or improvement of single-family residences,
1001including a townhouse as defined in the Florida Building Code,
1002without obtaining a local professional license if such person is
1003under the supervision of a certified or registered general,
1004building, or residential contractor. As used in this paragraph,
1005supervision shall not be deemed to require the existence of a
1006direct contract between the certified or registered general,
1007building, or residential contractor and the person performing
1008specialty contracting services.
1009     (5)  In order to establish uniformity among the job scopes
1010established by local jurisdictions, the board shall, by rule,
1011establish the job scope for any licensure category registered by
1012the board under this part. The board shall not arbitrarily limit
1013such scopes and shall restrict the job scopes only to the
1014minimum extent necessary to ensure uniformity.
1015     Section 30.  Section 489.119, Florida Statutes, is amended
1016to read:
1017     489.119  Business organizations; qualifying agents.--
1018     (1)  If an individual proposes to engage in contracting in
1019the individual's own name, or a fictitious name where the
1020individual is doing business as a sole proprietorship,
1021registration or certification may be issued only to that
1022individual.
1023     (2)  If the applicant proposes to engage in contracting as
1024a business organization, including any partnership, corporation,
1025business trust, or other legal entity, or in any name other than
1026the applicant's legal name or a fictitious name where the
1027applicant is doing business as a sole proprietorship, the
1028applicant business organization must apply for registration or
1029certification as the for a certificate of authority through a
1030qualifying agent of the business organization and under the
1031fictitious name, if any.
1032     (a)  An The application for registration or certification
1033to qualify a business organization a certificate of authority
1034must state the name of the partnership and of its partners; the
1035name of the corporation and of its officers and directors and
1036the name of each of its stockholders who is also an officer or
1037director; the name of the business trust and its trustees; or
1038the name of such other legal entity and its members; and must
1039state the fictitious name, if any, under which the business
1040organization is doing business.
1041     (b)1.  An The application for registration or certification
1042to qualify a business organization primary qualifying agent must
1043include an affidavit on a form provided by the board attesting
1044that the applicant has final approval authority for all
1045construction work performed by the business organization entity
1046and that the applicant has final approval authority on all
1047business matters, including contracts, specifications, checks,
1048drafts, or payments, regardless of the form of payment, made by
1049the business organization entity, except where a financially
1050responsible officer is approved.
1051     2.  The application for financially responsible officer
1052must include an affidavit on a form provided by the board
1053attesting that the applicant's approval is required for all
1054checks, drafts, or payments, regardless of the form of payment,
1055made by the business organization entity and that the applicant
1056has authority to act for the business organization in all
1057financial matters.
1058     3.  The application for secondary qualifying agent must
1059include an affidavit on a form provided by the board attesting
1060that the applicant has authority to supervise all construction
1061work performed by the business organization entity as provided
1062in s. 489.1195(2).
1063     (c)  The board may deny an application for registration or
1064certification to qualify a business organization if the
1065applicant, or any person listed in paragraph (a), has been
1066involved in past disciplinary actions or on any grounds for
1067which an individual registration or certification may be denied.
1068     (d)(b)  The applicant must furnish evidence of statutory
1069compliance if a fictitious name is used, the provisions of s.
1070865.09(7) notwithstanding.
1071     (e)(c)  A joint venture, including a joint venture composed
1072of qualified business organizations, is itself a separate and
1073distinct organization that must be qualified and obtain a
1074certificate of authority in accordance with board rules.
1075     (d)  A certificate of authority must be renewed every 2
1076years. If there is a change in any information that is required
1077to be stated on the application, the business organization
1078shall, within 45 days after such change occurs, mail the correct
1079information to the department.
1080     (3)(a)  A The qualifying agent must shall be certified or
1081registered under this part in order for the business
1082organization to operate be issued a certificate of authority in
1083the category of contracting in the business conducted for which
1084the qualifying agent is certified or registered. If any
1085qualifying agent ceases to be affiliated with a such business
1086organization, he or she shall so inform the department. In
1087addition, if the such qualifying agent is the only certified or
1088registered contractor affiliated with the business organization,
1089the business organization shall notify the department of the
1090termination of the qualifying agent and shall have 60 days from
1091the termination of the qualifying agent's affiliation with the
1092business organization in which to employ another qualifying
1093agent. The business organization may not engage in contracting
1094until a qualifying agent is employed, unless the executive
1095director or chair of the board has granted a temporary
1096nonrenewable certificate or registration to the financially
1097responsible officer, the president, a partner, or, in the case
1098of a limited partnership, the general partner, who assumes all
1099responsibilities of a primary qualifying agent for the business
1100organization entity. This temporary certificate or registration
1101shall only allow the business organization entity to proceed
1102with incomplete contracts. For the purposes of this paragraph,
1103an incomplete contract is one which has been awarded to, or
1104entered into by, the business organization prior to the
1105cessation of affiliation of the qualifying agent with the
1106business organization or one on which the business organization
1107was the low bidder and the contract is subsequently awarded,
1108regardless of whether any actual work has commenced under the
1109contract prior to the qualifying agent ceasing to be affiliated
1110with the business organization.
1111     (b)  The qualifying agent shall inform the department in
1112writing when he or she proposes to engage in contracting in his
1113or her own name or in affiliation with another business
1114organization, and he or she or such new business organization
1115shall supply the same information to the department as required
1116of applicants under this part.
1117     (c)  Upon a favorable determination by the board, after
1118investigation of the financial responsibility, credit, and
1119business reputation of the qualifying agent and the new business
1120organization, the department shall issue, without an
1121examination, a new certificate of authority in the business
1122organization's name.
1123     (4)  Disciplinary action against a business organization
1124holding a certificate of authority shall be administered in the
1125same manner and on the same grounds as disciplinary action
1126against a contractor. The board may deny the certification of
1127any person cited in subsection (2) if the person has been
1128involved in past disciplinary actions or on any grounds for
1129which individual certification can be denied.
1130     (4)(5)  When a certified qualifying agent, on behalf of a
1131business organization, makes application for a business tax
1132receipt an occupational license in any municipality or county of
1133this state, the application shall be made with the tax collector
1134in the name of the business organization and the qualifying
1135agent; and the license, when issued, shall be issued to the
1136business organization, upon payment of the appropriate licensing
1137fee and exhibition to the tax collector of a valid certificate
1138for the qualifying agent and a valid certificate of authority
1139for the business organization issued by the department, and the
1140state license numbers shall be noted thereon.
1141     (5)(6)(a)  Each registered or certified contractor shall
1142affix the number of his or her registration or certification to
1143each application for a building permit and on each building
1144permit issued and recorded. Each city or county building
1145department shall require, as a precondition for the issuance of
1146the building permit, that the contractor taking out the permit
1147must provide verification giving his or her Construction
1148Industry Licensing Board registration or certification number.
1149     (b)  The registration or certification number of each
1150contractor or certificate of authority number for each business
1151organization shall appear in each offer of services, business
1152proposal, bid, contract, or advertisement, regardless of medium,
1153as defined by board rule, used by that contractor or business
1154organization in the practice of contracting.
1155     (c)  If a vehicle bears the name of a contractor or
1156business organization, or any text or artwork which would lead a
1157reasonable person to believe that the vehicle is used for
1158contracting, the registration or certification number of the
1159contractor or certificate of authority number of the business
1160organization must be conspicuously and legibly displayed with
1161the name, text, or artwork. Local governments may also require
1162that locally licensed contractors must also display their
1163certificate of competency or license numbers. Nothing in this
1164paragraph shall be construed to create a mandatory vehicle
1165signage requirement.
1166     (d)  For the purposes of this part, the term
1167"advertisement" does not include business stationery or any
1168promotional novelties such as balloons, pencils, trinkets, or
1169articles of clothing.
1170     (e)  The board shall issue a notice of noncompliance for
1171the first offense, and may assess a fine or issue a citation for
1172failure to correct the offense within 30 days or for any
1173subsequent offense, to any contractor or business organization
1174that fails to include the certification or, registration, or
1175certificate of authority number as required by this part when
1176submitting an advertisement for publication, broadcast, or
1177printing or fails to display the certification or, registration,
1178or certificate of authority number as required by this part.
1179     (f)  In addition to any other penalty prescribed by law, a
1180local government may impose a civil fine pursuant to s.
1181489.127(5) against a person who is not certified or registered
1182under this part if the person:
1183     1.  Claims to be licensed in any offer of services,
1184business proposal, bid, contract, or advertisement, but who does
1185not possess a valid competency-based license issued by a local
1186government in this state to perform the specified construction
1187services; or
1188     2.  Claims to be insured in any offer of services, business
1189proposal, bid, contract, or advertisement, but whose performance
1190of the subject work is not covered by a general liability or
1191workers' compensation insurance policy.
1192     (6)(7)  Each qualifying agent shall pay the department an
1193amount equal to the original fee for registration or
1194certification to qualify a certificate of authority of a new
1195business organization. If the qualifying agent for a business
1196organization desires to qualify additional business
1197organizations, the board shall require the qualifying agent him
1198or her to present evidence of his or her ability to supervise
1199the construction activities and financial responsibility of each
1200such organization. Approval of each business organization The
1201issuance of such certificate of authority is discretionary with
1202the board.
1203     (7)(8)(a)  A business organization proposing to engage in
1204contracting is not required to apply for or obtain authorization
1205under this part to engage in contracting if:
1206     1.  The business organization employs one or more
1207registered or certified contractors licensed in accordance with
1208this part who are responsible for obtaining permits and
1209supervising all of the business organization's contracting
1210activities;
1211     2.  The business organization engages only in contracting
1212on property owned by the business organization or by its parent,
1213subsidiary, or affiliated entities; and
1214     3.  The business organization, or its parent entity if the
1215business organization is a wholly owned subsidiary, maintains a
1216minimum net worth of $20 million.
1217     (b)  Any business organization engaging in contracting
1218under this subsection shall provide the board with the name and
1219license number of each registered or certified contractor
1220employed by the business organization to supervise its
1221contracting activities. The business organization is not
1222required to post a bond or otherwise evidence any financial or
1223credit information except as necessary to demonstrate compliance
1224with paragraph (a).
1225     (c)  A registered or certified contractor employed by a
1226business organization to supervise its contracting activities
1227under this subsection shall not be required to post a bond or
1228otherwise evidence any personal financial or credit information
1229so long as the individual performs contracting activities
1230exclusively on behalf of a business organization meeting all of
1231the requirements of paragraph (a).
1232     Section 31.  Subsection (1) of section 489.127, Florida
1233Statutes, is amended to read:
1234     489.127  Prohibitions; penalties.--
1235     (1)  No person shall:
1236     (a)  Falsely hold himself or herself or a business
1237organization out as a licensee, certificateholder, or
1238registrant;
1239     (b)  Falsely impersonate a certificateholder or registrant;
1240     (c)  Present as his or her own the certificate or,
1241registration, or certificate of authority of another;
1242     (d)  Knowingly give false or forged evidence to the board
1243or a member thereof;
1244     (e)  Use or attempt to use a certificate or, registration
1245that, or certificate of authority which has been suspended or
1246revoked;
1247     (f)  Engage in the business or act in the capacity of a
1248contractor or advertise himself or herself or a business
1249organization as available to engage in the business or act in
1250the capacity of a contractor without being duly registered or
1251certified or having a certificate of authority;
1252     (g)  Operate a business organization engaged in contracting
1253after 60 days following the termination of its only qualifying
1254agent without designating another primary qualifying agent,
1255except as provided in ss. 489.119 and 489.1195;
1256     (h)  Commence or perform work for which a building permit
1257is required pursuant to part IV of chapter 553 without such
1258building permit being in effect; or
1259     (i)  Willfully or deliberately disregard or violate any
1260municipal or county ordinance relating to uncertified or
1261unregistered contractors.
1262
1263For purposes of this subsection, a person or business
1264organization operating on an inactive or suspended certificate
1265or, registration, or certificate of authority is not duly
1266certified or registered and is considered unlicensed. A business
1267tax receipt issued under the authority of chapter 205 is not a
1268license for purposes of this part.
1269     Section 32.  Effective upon this act becoming a law,
1270paragraph (a) of subsection (1) of section 489.128, Florida
1271Statutes, is amended to read:
1272     489.128  Contracts entered into by unlicensed contractors
1273unenforceable.--
1274     (1)  As a matter of public policy, contracts entered into
1275on or after October 1, 1990, by an unlicensed contractor shall
1276be unenforceable in law or in equity by the unlicensed
1277contractor.
1278     (a)  For purposes of this section, an individual is
1279unlicensed if the individual does not have a license required by
1280this part concerning the scope of the work to be performed under
1281the contract. A business organization is unlicensed if the
1282business organization does not have a primary or secondary
1283qualifying agent in accordance with this part concerning the
1284scope of the work to be performed under the contract. For
1285purposes of this section, if a no state or local license is not
1286required for the scope of work to be performed under the
1287contract, the individual performing that work is shall not be
1288considered unlicensed.
1289     Section 33.  Paragraph (b) of subsection (1) of section
1290489.128, Florida Statutes, is amended to read:
1291     489.128  Contracts entered into by unlicensed contractors
1292unenforceable.--
1293     (1)  As a matter of public policy, contracts entered into
1294on or after October 1, 1990, by an unlicensed contractor shall
1295be unenforceable in law or in equity by the unlicensed
1296contractor.
1297     (b)  For purposes of this section, an individual or
1298business organization may not be considered unlicensed for
1299failing to have a business tax receipt issued under the
1300authority of chapter 205. A business organization may not be
1301considered unlicensed for failing to have a certificate of
1302authority as required by ss. 489.119 and 489.127. For purposes
1303of this section, a business organization entering into the
1304contract may not be considered unlicensed if, before the date
1305established by paragraph (c), an individual possessing a license
1306required by this part concerning the scope of the work to be
1307performed under the contract has submitted an application for a
1308certificate of authority designating that individual as a
1309qualifying agent for the business organization entering into the
1310contract, and the application was not acted upon by the
1311department or applicable board within the time limitations
1312imposed by s. 120.60.
1313     Section 34.  Subsections (1), (5), and (7) of section
1314489.129, Florida Statutes, are amended to read:
1315     489.129  Disciplinary proceedings.--
1316     (1)  The board may take any of the following actions
1317against any certificateholder or registrant: place on probation
1318or reprimand the licensee, revoke, suspend, or deny the issuance
1319or renewal of the certificate or, registration, or certificate
1320of authority, require financial restitution to a consumer for
1321financial harm directly related to a violation of a provision of
1322this part, impose an administrative fine not to exceed $10,000
1323per violation, require continuing education, or assess costs
1324associated with investigation and prosecution, if the
1325contractor, financially responsible officer, or business
1326organization for which the contractor is a primary qualifying
1327agent, a financially responsible officer, or a secondary
1328qualifying agent responsible under s. 489.1195 is found guilty
1329of any of the following acts:
1330     (a)  Obtaining a certificate or, registration, or
1331certificate of authority by fraud or misrepresentation.
1332     (b)  Being convicted or found guilty of, or entering a plea
1333of nolo contendere to, regardless of adjudication, a crime in
1334any jurisdiction which directly relates to the practice of
1335contracting or the ability to practice contracting.
1336     (c)  Violating any provision of chapter 455.
1337     (d)  Performing any act which assists a person or entity in
1338engaging in the prohibited uncertified and unregistered practice
1339of contracting, if the certificateholder or registrant knows or
1340has reasonable grounds to know that the person or entity was
1341uncertified and unregistered.
1342     (e)  Knowingly combining or conspiring with an uncertified
1343or unregistered person by allowing his or her certificate or,
1344registration, or certificate of authority to be used by the
1345uncertified or unregistered person with intent to evade the
1346provisions of this part. When a certificateholder or registrant
1347allows his or her certificate or registration to be used by one
1348or more business organizations without having any active
1349participation in the operations, management, or control of such
1350business organizations, such act constitutes prima facie
1351evidence of an intent to evade the provisions of this part.
1352     (f)  Acting in the capacity of a contractor under any
1353certificate or registration issued hereunder except in the name
1354of the certificateholder or registrant as set forth on the
1355issued certificate or registration, or in accordance with the
1356personnel of the certificateholder or registrant as set forth in
1357the application for the certificate or registration, or as later
1358changed as provided in this part.
1359     (g)  Committing mismanagement or misconduct in the practice
1360of contracting that causes financial harm to a customer.
1361Financial mismanagement or misconduct occurs when:
1362     1.  Valid liens have been recorded against the property of
1363a contractor's customer for supplies or services ordered by the
1364contractor for the customer's job; the contractor has received
1365funds from the customer to pay for the supplies or services; and
1366the contractor has not had the liens removed from the property,
1367by payment or by bond, within 75 days after the date of such
1368liens;
1369     2.  The contractor has abandoned a customer's job and the
1370percentage of completion is less than the percentage of the
1371total contract price paid to the contractor as of the time of
1372abandonment, unless the contractor is entitled to retain such
1373funds under the terms of the contract or refunds the excess
1374funds within 30 days after the date the job is abandoned; or
1375     3.  The contractor's job has been completed, and it is
1376shown that the customer has had to pay more for the contracted
1377job than the original contract price, as adjusted for subsequent
1378change orders, unless such increase in cost was the result of
1379circumstances beyond the control of the contractor, was the
1380result of circumstances caused by the customer, or was otherwise
1381permitted by the terms of the contract between the contractor
1382and the customer.
1383     (h)  Being disciplined by any municipality or county for an
1384act or violation of this part.
1385     (i)  Failing in any material respect to comply with the
1386provisions of this part or violating a rule or lawful order of
1387the board.
1388     (j)  Abandoning a construction project in which the
1389contractor is engaged or under contract as a contractor. A
1390project may be presumed abandoned after 90 days if the
1391contractor terminates the project without just cause or without
1392proper notification to the owner, including the reason for
1393termination, or fails to perform work without just cause for 90
1394consecutive days.
1395     (k)  Signing a statement with respect to a project or
1396contract falsely indicating that the work is bonded; falsely
1397indicating that payment has been made for all subcontracted
1398work, labor, and materials which results in a financial loss to
1399the owner, purchaser, or contractor; or falsely indicating that
1400workers' compensation and public liability insurance are
1401provided.
1402     (l)  Committing fraud or deceit in the practice of
1403contracting.
1404     (m)  Committing incompetency or misconduct in the practice
1405of contracting.
1406     (n)  Committing gross negligence, repeated negligence, or
1407negligence resulting in a significant danger to life or
1408property.
1409     (o)  Proceeding on any job without obtaining applicable
1410local building department permits and inspections.
1411     (p)  Intimidating, threatening, coercing, or otherwise
1412discouraging the service of a notice to owner under part I of
1413chapter 713 or a notice to contractor under chapter 255 or part
1414I of chapter 713.
1415     (q)  Failing to satisfy within a reasonable time, the terms
1416of a civil judgment obtained against the licensee, or the
1417business organization qualified by the licensee, relating to the
1418practice of the licensee's profession.
1419
1420For the purposes of this subsection, construction is considered
1421to be commenced when the contract is executed and the contractor
1422has accepted funds from the customer or lender. A contractor
1423does not commit a violation of this subsection when the
1424contractor relies on a building code interpretation rendered by
1425a building official or person authorized by s. 553.80 to enforce
1426the building code, absent a finding of fraud or deceit in the
1427practice of contracting, or gross negligence, repeated
1428negligence, or negligence resulting in a significant danger to
1429life or property on the part of the building official, in a
1430proceeding under chapter 120.
1431     (5)  The board may not reinstate the certification or,
1432registration, or certificate of authority of, or cause a
1433certificate or, registration, or certificate of authority to be
1434issued to, a person who or business organization which the board
1435has determined is unqualified or whose certificate or,
1436registration, or certificate of authority the board has
1437suspended until it is satisfied that such person or business
1438organization has complied with all the terms and conditions set
1439forth in the final order and is capable of competently engaging
1440in the business of contracting.
1441     (7)  The board shall not issue or renew a certificate or,
1442registration, or certificate of authority to any person or
1443business organization that has been assessed a fine, interest,
1444or costs associated with investigation and prosecution, or has
1445been ordered to pay restitution, until such fine, interest, or
1446costs associated with investigation and prosecution or
1447restitution are paid in full or until all terms and conditions
1448of the final order have been satisfied.
1449     Section 35.  Subsection (5) of section 489.132, Florida
1450Statutes, is amended to read:
1451     489.132  Prohibited acts by unlicensed principals;
1452investigation; hearing; penalties.--
1453     (5)  The department may suspend, revoke, or deny issuance
1454or renewal of a certificate or, registration, or certificate of
1455authority for any individual or business organization that
1456associates a person as an officer, director, or partner, or in a
1457managerial or supervisory capacity, after such person has been
1458found under a final order to have violated this section or was
1459an officer, director, partner, trustee, or manager of a business
1460organization disciplined by the board by revocation, suspension,
1461or fine in excess of $2,500, upon finding reasonable cause that
1462such person knew or reasonably should have known of the conduct
1463leading to the discipline.
1464     Section 36.  Subsection (1) of section 489.1455, Florida
1465Statutes, is amended to read:
1466     489.1455  Journeyman; reciprocity; standards.--
1467     (1)  An individual who holds a valid, active journeyman
1468license in the plumbing/pipe fitting, mechanical, or HVAC trades
1469issued by any county or municipality in this state may work as a
1470journeyman in the trade in which he or she is licensed in any
1471county or municipality of this state without taking an
1472additional examination or paying an additional license fee, if
1473he or she:
1474     (a)  Has scored at least 70 percent, or after October 1,
14751997, at least 75 percent, on a proctored journeyman Block and
1476Associates examination or other proctored examination approved
1477by the board for the trade in which he or she is licensed;
1478     (b)  Has completed an apprenticeship program registered
1479with the Department of Labor and Employment Security and
1480demonstrates 4 years' verifiable practical experience in the
1481trade for which he or she is licensed, or demonstrates 6 years'
1482verifiable practical experience in the trade for which he or she
1483is licensed;
1484     (c)  Has satisfactorily completed specialized and advanced
1485module coursework approved by the Florida Building Commission,
1486as part of the Building Code Training Program established in s.
1487553.841, specific to the discipline, and successfully completed
1488the program's core curriculum courses or passed an equivalency
1489test in lieu of taking the core curriculum courses and provided
1490proof of completion of such curriculum courses or examination
1491and obtained a certificate from the board pursuant to this part
1492or, pursuant to authorization by the certifying authority,
1493provides proof of completion of such curriculum or coursework
1494within 6 months after such certification; and
1495     (d)  Has not had a license suspended or revoked within the
1496last 5 years.
1497     Section 37.  Subsection (19) of section 489.505, Florida
1498Statutes, is amended to read:
1499     489.505  Definitions.--As used in this part:
1500     (19)  "Specialty contractor" means a contractor whose scope
1501of practice is limited to a specific segment of electrical or
1502alarm system contracting established in a category adopted by
1503board rule, including, but not limited to, residential
1504electrical contracting, maintenance of electrical fixtures, and
1505fabrication, erection, installation, and maintenance of
1506electrical advertising signs together with the interrelated
1507parts and supports thereof. Categories of specialty contractor
1508shall be established by board rule.
1509     Section 38.  Subsections (5), (6), and (7) of section
1510489.513, Florida Statutes, are amended to read:
1511     489.513  Registration; application; requirements.--
1512     (5)  Registration permits the registrant to engage in
1513contracting only in the area and for the type of work covered by
1514the registration, unless local licenses are issued for other
1515areas and types of work or unless certification is obtained.
1516When a registrant desires to register in an additional area of
1517the state, he or she shall first comply with any local
1518requirements of that area and then file a request with the
1519department, together with evidence of holding a current
1520occupational license or license issued by the county or
1521municipality for the area or areas in which he or she desires to
1522be registered, whereupon his or her evidence of registration
1523shall be endorsed by the department to reflect valid
1524registration for the new area or areas.
1525     (6)  The local jurisdictions are shall be responsible for
1526providing the following information to the board within 30 days
1527after licensure of, or any disciplinary action against, a
1528locally licensed contractor who is registered under this part:
1529     (a)  Licensure information.,
1530     (b)  Code violation information pursuant to s. 553.781.,
1531and
1532     (c)  Disciplinary information. on locally licensed
1533individuals to the board within 30 days after licensure or any
1534disciplinary action, and
1535
1536The board shall maintain such licensure and disciplinary
1537information as it is provided to the board them, and shall make
1538the such information available through the automated information
1539system provided pursuant to s. 455.2286.
1540     (7)  In order to establish uniformity among the job scopes
1541established by local jurisdictions, the board shall, by rule,
1542establish the job scope for any licensure category registered by
1543the board under this part. The board shall not arbitrarily limit
1544such scopes and shall restrict the job scopes only to the
1545minimum extent necessary to ensure uniformity.
1546     Section 39.  Subsection (3) of section 489.516, Florida
1547Statutes, is amended to read:
1548     489.516  Qualifications to practice; restrictions;
1549prerequisites.--
1550     (3)  When a certificateholder desires to engage in
1551contracting in any area of the state, as a prerequisite
1552therefor, he or she shall only be required to exhibit to the
1553local building official, tax collector, or other authorized
1554person in charge of the issuance of licenses and building or
1555electrical permits in the area evidence of holding a current
1556certificate and a current business tax receipt issued by the
1557jurisdiction in which the certificateholder's principal place of
1558business is located, and having paid to pay the fee for the
1559occupational license and permit required of other persons.
1560However, a local construction regulation board may deny the
1561issuance of an electrical permit to a certified contractor, or
1562issue a permit with specific conditions, if the local
1563construction regulation board has found such contractor, through
1564the public hearing process, to be guilty of fraud or a willful
1565building code violation within the county or municipality that
1566the local construction regulation board represents, or if the
1567local construction regulation board has proof that such
1568contractor, through the public hearing process, has been found
1569guilty, in another county or municipality within the past 12
1570months, of fraud or a willful building code violation and finds,
1571after providing notice to the contractor, that such fraud or
1572violation would have been fraud or a violation if committed in
1573the county or municipality that the local construction board
1574represents. Notification of and information concerning such
1575permit denial shall be submitted to the Department of Business
1576and Professional Regulation within 15 days after the local
1577construction regulation board decides to deny the permit.
1578     Section 40.  Subsection (3) of section 489.517, Florida
1579Statutes, is amended to read:
1580     489.517  Renewal of certificate or registration; continuing
1581education.--
1582     (3)(a)  Each certificateholder or registrant shall provide
1583proof, in a form established by rule of the board, that the
1584certificateholder or registrant has completed at least 14
1585classroom hours of at least 50 minutes each of continuing
1586education courses during each biennium since the issuance or
1587renewal of the certificate or registration. The board shall by
1588rule establish criteria for the approval of continuing education
1589courses and providers and may by rule establish criteria for
1590accepting alternative nonclassroom continuing education on an
1591hour-for-hour basis.
1592     (b)  Each certificateholder or registrant shall provide to
1593the board proof of completion of the core curriculum courses or
1594passing the equivalency test of the Building Code Training
1595Program established under s. 553.841, specific to the licensing
1596category sought, within 2 years after commencement of the
1597program or of initial certification or registration, whichever
1598is later. Classroom hours spent taking core curriculum courses
1599shall count toward the number required for renewal of
1600certificate or registration. A certificateholder or registrant
1601who passes the equivalency test in lieu of taking the core
1602curriculum courses shall receive full credit for core curriculum
1603course hours.
1604     Section 41.  Subsection (6) of section 489.521, Florida
1605Statutes, is amended to read:
1606     489.521  Business organizations; qualifying agents.--
1607     (6)  When a business organization qualified to engage in
1608contracting makes application for a business tax receipt an
1609occupational license in any municipality or county of this
1610state, the application shall be made with the tax collector in
1611the name of the business organization, and the business tax
1612receipt license, when issued, shall be issued to the business
1613organization upon payment of the appropriate licensing fee and
1614exhibition to the tax collector of a valid certificate issued by
1615the department.
1616     Section 42.  Section 489.5315, Florida Statutes, is amended
1617to read:
1618     489.5315  Proprietary electrical or alarm
1619contractors.--Businesses that obtain an electrical or burglar
1620alarm system license to work only on their own equipment, and
1621that do not offer electrical or alarm contracting services to
1622the public, are not electrical or burglar alarm system
1623contracting businesses and do not have to obtain a business tax
1624receipt an occupational license in addition to any they are
1625otherwise required to have.
1626     Section 43.  Effective upon this act becoming a law,
1627paragraph (a) of subsection (1) of section 489.532, Florida
1628Statutes, is amended to read:
1629     489.532  Contracts entered into by unlicensed contractors
1630unenforceable.--
1631     (1)  As a matter of public policy, contracts entered into
1632on or after October 1, 1990, by an unlicensed contractor shall
1633be unenforceable in law or in equity by the unlicensed
1634contractor.
1635     (a)  For purposes of this section, an individual is
1636unlicensed if the individual does not have a license required by
1637this part concerning the scope of the work to be performed under
1638the contract. A business organization is unlicensed if the
1639business organization does not have a primary or secondary
1640qualifying agent in accordance with this part concerning the
1641scope of the work to be performed under the contract. For
1642purposes of this section, if a no state or local license is not
1643required for the scope of work to be performed under the
1644contract, the individual performing that work is shall not be
1645considered unlicensed.
1646     Section 44.  Paragraph (b) of subsection (3) of section
1647489.537, Florida Statutes, is amended to read:
1648     489.537  Application of this part.--
1649     (3)  Nothing in this act limits the power of a municipality
1650or county:
1651     (b)  To collect fees for business tax receipts occupational
1652licenses and inspections for engaging in contracting or
1653examination fees from persons who are registered with the local
1654boards pursuant to local examination requirements.
1655     Section 45.  Section 509.233, Florida Statutes, is amended
1656to read:
1657     509.233  Public food service establishment requirements;
1658local exemption for dogs in designated outdoor portions; pilot
1659program.--
1660     (1)  INTENT.--It is the intent of the Legislature by this
1661section to establish a 3-year pilot program for local
1662governments to allow patrons' dogs within certain designated
1663outdoor portions of public food service establishments.
1664     (1)(2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
1665509.032(7), the governing body of a local government may
1666participating in the pilot program is authorized to establish,
1667by ordinance, a local exemption procedure to certain provisions
1668of the Food and Drug Administration Food Code, as currently
1669adopted by the division, in order to allow patrons' dogs within
1670certain designated outdoor portions of public food service
1671establishments.
1672     (2)(3)  LOCAL DISCRETION; CODIFICATION.--
1673     (a)  The adoption of the local exemption procedure shall be
1674at the sole discretion of the governing body of a participating
1675local government. Nothing in this section shall be construed to
1676require or compel a local governing body to adopt an ordinance
1677pursuant to this section.
1678     (b)  Any ordinance adopted pursuant to this section shall
1679provide for codification within the land development code of a
1680participating local government.
1681     (3)(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
1682     (a)  Any local exemption procedure adopted pursuant to this
1683section shall only provide a variance to those portions of the
1684currently adopted Food and Drug Administration Food Code in
1685order to allow patrons' dogs within certain designated outdoor
1686portions of public food service establishments.
1687     (b)  In order to protect the health, safety, and general
1688welfare of the public, the local exemption procedure shall
1689require participating public food service establishments to
1690apply for and receive a permit from the governing body of the
1691local government before allowing patrons' dogs on their
1692premises. The local government shall require from the applicant
1693such information as the local government deems reasonably
1694necessary to enforce the provisions of this section, but shall
1695require, at a minimum, the following information:
1696     1.  The name, location, and mailing address of the public
1697food service establishment.
1698     2.  The name, mailing address, and telephone contact
1699information of the permit applicant.
1700     3.  A diagram and description of the outdoor area to be
1701designated as available to patrons' dogs, including dimensions
1702of the designated area; a depiction of the number and placement
1703of tables, chairs, and restaurant equipment, if any; the
1704entryways and exits to the designated outdoor area; the
1705boundaries of the designated area and of other areas of outdoor
1706dining not available for patrons' dogs; any fences or other
1707barriers; surrounding property lines and public rights-of-way,
1708including sidewalks and common pathways; and such other
1709information reasonably required by the permitting authority. The
1710diagram or plan shall be accurate and to scale but need not be
1711prepared by a licensed design professional.
1712     4.  A description of the days of the week and hours of
1713operation that patrons' dogs will be permitted in the designated
1714outdoor area.
1715     (c)  In order to protect the health, safety, and general
1716welfare of the public, the local exemption ordinance shall
1717include such regulations and limitations as deemed necessary by
1718the participating local government and shall include, but not be
1719limited to, the following requirements:
1720     1.  All public food service establishment employees shall
1721wash their hands promptly after touching, petting, or otherwise
1722handling dogs. Employees shall be prohibited from touching,
1723petting, or otherwise handling dogs while serving food or
1724beverages or handling tableware or before entering other parts
1725of the public food service establishment.
1726     2.  Patrons in a designated outdoor area shall be advised
1727that they should wash their hands before eating. Waterless hand
1728sanitizer shall be provided at all tables in the designated
1729outdoor area.
1730     3.  Employees and patrons shall be instructed that they
1731shall not allow dogs to come into contact with serving dishes,
1732utensils, tableware, linens, paper products, or any other items
1733involved in food service operations.
1734     4.  Patrons shall keep their dogs on a leash at all times
1735and shall keep their dogs under reasonable control.
1736     5.  Dogs shall not be allowed on chairs, tables, or other
1737furnishings.
1738     6.  All table and chair surfaces shall be cleaned and
1739sanitized with an approved product between seating of patrons.
1740Spilled food and drink shall be removed from the floor or ground
1741between seating of patrons.
1742     7.  Accidents involving dog waste shall be cleaned
1743immediately and the area sanitized with an approved product. A
1744kit with the appropriate materials for this purpose shall be
1745kept near the designated outdoor area.
1746     8.  A sign or signs reminding employees of the applicable
1747rules shall be posted on premises in a manner and place as
1748determined by the local permitting authority.
1749     9.  A sign or signs reminding patrons of the applicable
1750rules shall be posted on premises in a manner and place as
1751determined by the local permitting authority.
1752     10.  A sign or signs shall be posted in a manner and place
1753as determined by the local permitting authority that places the
1754public on notice that the designated outdoor area is available
1755for the use of patrons and patrons' dogs.
1756     11.  Dogs shall not be permitted to travel through indoor
1757or nondesignated outdoor portions of the public food service
1758establishment, and ingress and egress to the designated outdoor
1759portions of the public food service establishment must not
1760require entrance into or passage through any indoor area of the
1761food establishment.
1762     (d)  A permit issued pursuant to this section shall not be
1763transferred to a subsequent owner upon the sale of a public food
1764service establishment but shall expire automatically upon the
1765sale of the establishment. The subsequent owner shall be
1766required to reapply for a permit pursuant to this section if the
1767subsequent owner wishes to continue to accommodate patrons'
1768dogs.
1769     (4)(5)  POWERS; ENFORCEMENT.--Participating local
1770governments shall have such powers as are reasonably necessary
1771to regulate and enforce the provisions of this section.
1772     (5)(6)  STATE AND LOCAL COOPERATION.--The division shall
1773provide reasonable assistance to participating local governments
1774in the development of enforcement procedures and regulations,
1775and participating local governments shall monitor permitholders
1776for compliance in cooperation with the division. At a minimum,
1777participating local governments shall establish a procedure to
1778accept, document, and respond to complaints and to timely report
1779to the division all such complaints and the participating local
1780governments' enforcement responses to such complaints. A
1781participating local government shall provide the division with a
1782copy of all approved applications and permits issued, and the
1783participating local government shall require that all
1784applications, permits, and other related materials contain the
1785appropriate division-issued license number for each public food
1786service establishment.
1787     (7)  FUTURE REVIEW AND REPEAL.--This section shall expire
1788July 1, 2009, unless reviewed and saved from repeal through
1789reenactment by the Legislature.
1790     Section 46.  Subsections (8) through (22) of section
1791548.002, Florida Statutes, are renumbered as subsections (9)
1792through (23), respectively, and a new subsection (8) is added to
1793that section, to read:
1794     548.002  Definitions.--As used in this chapter, the term:
1795     (8)  "Event" means one or more matches comprising a show.
1796     Section 47.  Paragraph (k) of subsection (2) of section
1797548.003, Florida Statutes, is amended to read:
1798     548.003  Florida State Boxing Commission.--
1799     (2)  The Florida State Boxing Commission, as created by
1800subsection (1), shall administer the provisions of this chapter.
1801The commission has authority to adopt rules pursuant to ss.
1802120.536(1) and 120.54 to implement the provisions of this
1803chapter and to implement each of the duties and responsibilities
1804conferred upon the commission, including, but not limited to:
1805     (k)  Establishment of criteria for approval, disapproval,
1806suspension of approval, and revocation of approval of amateur
1807sanctioning organizations for amateur boxing, and kickboxing,
1808and mixed martial arts matches held in this state, including,
1809but not limited to, the health and safety standards the
1810organizations use before, during, and after the matches to
1811ensure the health, safety, and well-being of the amateurs
1812participating in the matches, including the qualifications and
1813numbers of health care personnel required to be present, the
1814qualifications required for referees, and other requirements
1815relating to the health, safety, and well-being of the amateurs
1816participating in the matches. The commission may adopt by rule,
1817or incorporate by reference into rule, the health and safety
1818standards of USA Boxing as the minimum health and safety
1819standards for an amateur boxing sanctioning organization, and
1820the health and safety standards of the International Sport
1821Kickboxing Association as the minimum health and safety
1822standards for an amateur kickboxing sanctioning organization,
1823and the minimum health and safety standards for an amateur mixed
1824martial arts sanctioning organization. The commission shall
1825review its rules for necessary revision at least every 2 years
1826and may adopt by rule, or incorporate by reference into rule,
1827the then-existing current health and safety standards of USA
1828Boxing and the International Sport Kickboxing Association. The
1829commission may adopt emergency rules to administer this
1830paragraph.
1831     Section 48.  For the purpose of incorporating the amendment
1832made by this act to subsection (1) of section 455.227, Florida
1833Statutes, in a reference thereto, paragraph (a) of subsection
1834(2) of section 468.436, Florida Statutes, is reenacted to read:
1835     468.436  Disciplinary proceedings.--
1836     (2)  The following acts constitute grounds for which the
1837disciplinary actions in subsection (4) may be taken:
1838     (a)  Violation of any provision of s. 455.227(1).
1839     Section 49.  For the purpose of incorporating the amendment
1840made by this act to subsection (1) of section 455.227, Florida
1841Statutes, in a reference thereto, paragraph (a) of subsection
1842(1) of section 468.832, Florida Statutes, is reenacted to read:
1843     468.832  Disciplinary proceedings.--
1844     (1)  The following acts constitute grounds for which the
1845disciplinary actions in subsection (2) may be taken:
1846     (a)  Violation of any provision of this part or s.
1847455.227(1);
1848     Section 50.  For the purpose of incorporating the amendment
1849made by this act to subsection (1) of section 455.227, Florida
1850Statutes, in a reference thereto, paragraph (a) of subsection
1851(1) of section 468.842, Florida Statutes, is reenacted to read:
1852     468.842  Disciplinary proceedings.--
1853     (1)  The following acts constitute grounds for which the
1854disciplinary actions in subsection (2) may be taken:
1855     (a)  Violation of any provision of this part or s.
1856455.227(1);
1857     Section 51.  For the purpose of incorporating the amendment
1858made by this act to subsection (1) of section 455.227, Florida
1859Statutes, in a reference thereto, paragraph (a) of subsection
1860(1) of section 471.033, Florida Statutes, is reenacted to read:
1861     471.033  Disciplinary proceedings.--
1862     (1)  The following acts constitute grounds for which the
1863disciplinary actions in subsection (3) may be taken:
1864     (a)  Violating any provision of s. 455.227(1), s. 471.025,
1865or s. 471.031, or any other provision of this chapter or rule of
1866the board or department.
1867     Section 52.  For the purpose of incorporating the amendment
1868made by this act to section (1) of section 455.227, Florida
1869Statutes, in a reference thereto, paragraph (a) of subsection
1870(1) of section 472.033, Florida Statutes, is reenacted to read:
1871     472.033  Disciplinary proceedings.--
1872     (1)  The following acts constitute grounds for which the
1873disciplinary actions in subsection (2) may be taken:
1874     (a)  Violation of any provision of s. 472.031 or s.
1875455.227(1);
1876     Section 53.  For the purpose of incorporating the amendment
1877made by this act to subsection (1) of section 455.227, Florida
1878Statutes, in a reference thereto, paragraph (a) of subsection
1879(1) of section 473.323, Florida Statutes, is reenacted to read:
1880     473.323  Disciplinary proceedings.--
1881     (1)  The following acts constitute grounds for which the
1882disciplinary actions in subsection (3) may be taken:
1883     (a)  Violation of any provision of s. 455.227(1) or any
1884other provision of this chapter.
1885     Section 54.  For the purpose of incorporating the amendment
1886made by this act to subsection (1) of section 455.227, Florida
1887Statutes, in a reference thereto, paragraph (a) of subsection
1888(1) of section 475.25, Florida Statutes, is reenacted to read:
1889     475.25  Discipline.--
1890     (1)  The commission may deny an application for licensure,
1891registration, or permit, or renewal thereof; may place a
1892licensee, registrant, or permittee on probation; may suspend a
1893license, registration, or permit for a period not exceeding 10
1894years; may revoke a license, registration, or permit; may impose
1895an administrative fine not to exceed $5,000 for each count or
1896separate offense; and may issue a reprimand, and any or all of
1897the foregoing, if it finds that the licensee, registrant,
1898permittee, or applicant:
1899     (a)  Has violated any provision of s. 455.227(1) or s.
1900475.42. However, licensees under this part are exempt from the
1901provisions of s. 455.227(1)(i).
1902     Section 55.  For the purpose of incorporating the amendment
1903made by this act to subsection (1) of section 455.227, Florida
1904Statutes, in a reference thereto, subsection (1) of section
1905475.624, Florida Statutes, is reenacted to read:
1906     475.624  Discipline.--The board may deny an application for
1907registration or certification; may investigate the actions of
1908any appraiser registered, licensed, or certified under this
1909part; may reprimand or impose an administrative fine not to
1910exceed $5,000 for each count or separate offense against any
1911such appraiser; and may revoke or suspend, for a period not to
1912exceed 10 years, the registration, license, or certification of
1913any such appraiser, or place any such appraiser on probation, if
1914it finds that the registered trainee, licensee, or
1915certificateholder:
1916     (1)  Has violated any provisions of this part or s.
1917455.227(1); however, certificateholders, registrants, and
1918licensees under this part are exempt from the provisions of s.
1919455.227(1)(i).
1920     Section 56.  For the purpose of incorporating the amendment
1921made by this act to subsection (1) of section 455.227, Florida
1922Statutes, in a reference thereto, paragraph (h) of subsection
1923(1) of section 476.204, Florida Statutes, is reenacted to read:
1924     476.204  Penalties.--
1925     (1)  It is unlawful for any person to:
1926     (h)  Violate any provision of s. 455.227(1), s. 476.194, or
1927s. 476.214.
1928     Section 57.  For the purpose of incorporating the amendment
1929made by this act to subsection (1) of section 455.227, Florida
1930Statutes, in a reference thereto, paragraph (h) of subsection
1931(1) of section 477.029, Florida Statutes, is reenacted to read:
1932     477.029  Penalty.--
1933     (1)  It is unlawful for any person to:
1934     (h)  Violate any provision of s. 455.227(1), s. 477.0265,
1935or s. 477.028.
1936     Section 58.  For the purpose of incorporating the amendment
1937made by this act to subsection (1) of section 455.227, Florida
1938Statutes, in a reference thereto, paragraph (a) of subsection
1939(1) of section 481.225, Florida Statutes, is reenacted to read:
1940     481.225  Disciplinary proceedings against registered
1941architects.--
1942     (1)  The following acts constitute grounds for which the
1943disciplinary actions in subsection (3) may be taken:
1944     (a)  Violating any provision of s. 455.227(1), s. 481.221,
1945or s. 481.223, or any rule of the board or department lawfully
1946adopted pursuant to this part or chapter 455.
1947     Section 59.  For the purpose of incorporating the amendment
1948made by this act to subsection (1) of section 455.227, Florida
1949Statutes, in a reference thereto, paragraph (a) of subsection
1950(1) of section 481.325, Florida Statutes, is reenacted to read:
1951     481.325  Disciplinary proceedings.--
1952     (1)  The following acts constitute grounds for which the
1953disciplinary actions in subsection (3) may be taken:
1954     (a)  Violation of any provision of s. 455.227(1), s.
1955481.321, or s. 481.323.
1956     Section 60.  Section 509.201, Florida Statutes, is
1957repealed.
1958     Section 61.  Except as otherwise expressly provided in this
1959act, this act shall take effect October 1, 2009.


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