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. 481.229, F.S.; exempting certain persons or
76entities engaged in the manufacture, sale, or installation
77of commercial food service equipment from provisions
78regulating architecture and interior design under certain
79circumstances; amending s. 489.103, F.S.; revising a
80disclosure statement that a local permitting agency must
81provide to property owners who apply for building permits
82and claim certain exemptions from provisions regulating
83construction contracting; amending s. 489.105, F.S.;
84revising the term "specialty contractor" to require that
85the scope of work and responsibility of a specialty
86contractor be established in a category of construction
87contracting adopted by rule of the Construction Industry
88Licensing Board; amending s. 489.109, F.S.; increasing
89maximum fees for construction contractor certifications;
90establishing fees for registration or certification to
91qualify a business organization for contracting; deleting
92provisions relating to a business organization's
93certificate of authority to conform to changes made by the
94act; amending s. 489.114, F.S.; deleting provisions
95relating to a business organization's certificate of
96authority to conform to changes made by the act; amending
97s. 489.115, F.S.; deleting provisions requiring
98construction contractor certificateholders and registrants
99to complete a certain core curriculum or pass an
100equivalency test of the Florida Building Code Compliance
101and Mitigation Program; amending s. 489.117, F.S.;
102revising requirements for the registration of certain
103contractors; deleting provisions requiring a contractor
104applicant to submit proof of a local occupational license;
105specifying circumstances under which a specialty
106contractor holding a local license is not required to
107register with the board; deleting provisions for the
108issuance of tracking registrations to certain contractors
109who are not eligible for registration as specialty
110contractors; limiting the licensing and disciplinary
111actions that local jurisdictions must report to the board
112to certain actions of registered contractors; deleting
113provisions requiring the board to establish uniform job
114scopes for any construction contracting license category;
115amending s. 489.119, F.S.; deleting provisions for the
116issuance of a certificate of authority to a business
117organization for contracting; requiring a contractor to
118apply for registration or certification to qualify a
119business organization as the qualifying agent; authorizing
120the board to deny a registration or certification to
121qualify a business organization under certain
122circumstances; providing application procedures and
123requirements for the issuance of a business tax receipt to
124a business organization; deleting provisions for the
125issuance of an occupational license to a business
126organization; authorizing a local government to impose
127fines against certified or registered contractors under
128certain circumstances; requiring the qualifying agent of a
129business organization to present certain evidence to the
130board; providing that the board has discretion to approve
131a business organization; amending s. 489.127, F.S.;
132deleting provisions relating to a business organization's
133certificate of authority for contracting to conform to
134changes made by the act; amending s. 489.128, F.S.;
135revising the circumstances under which a person is
136considered an unlicensed contractor; deleting provisions
137relating to a business organization's certificate of
138authority for contracting to conform to changes made by
139the act; amending ss. 489.129 and 489.132, F.S.; deleting
140provisions relating to a business organization's
141certificate of authority for contracting to conform to
142changes made by the act; amending s. 489.1455, F.S.;
143deleting provisions requiring certain journeymen licensees
144to complete a certain core curriculum or pass an
145equivalency test of the Florida Building Code Compliance
146and Mitigation Program; amending s. 489.505, F.S.;
147revising the term "specialty contractor" to require that
148the scope of practice of a specialty contractor be
149established in a category of electrical or alarm system
150contracting adopted by rule of the Electrical Contractors'
151Licensing Board; amending s. 489.513, F.S.; deleting a
152requirement that the local license required for an
153electrical or alarm system contractor be an occupational
154license; limiting the licensing and disciplinary actions
155that local jurisdictions must report to the board to
156certain actions of registered contractors; deleting
157provisions requiring the board to establish uniform job
158scopes for any electrical and alarm system contracting
159license category; amending s. 489.516, F.S.; authorizing
160local officials to require a contractor to obtain a
161business tax receipt; deleting provisions requiring a
162contractor to pay an occupational license fee; amending s.
163489.517, F.S.; deleting provisions requiring electrical
164and alarm system contractor certificateholders and
165registrants to complete a certain core curriculum or pass
166an equivalency test of the Florida Building Code
167Compliance and Mitigation Program; amending s. 489.521,
168F.S.; providing application procedures and requirements
169for the issuance of a business tax receipt to a business
170organization; deleting provisions for the issuance of an
171occupational license to a business organization; amending
172s. 489.5315, F.S.; specifying that certain electrical or
173alarm system contractors are not required to obtain a
174business tax receipt; deleting a provision exempting
175certain contractors from requirements for an occupational
176license to conform to changes made by the act; amending s.
177489.532, F.S.; revising the circumstances under which a
178person is considered an unlicensed electrical or alarm
179system contractor; amending s. 489.537, F.S.; authorizing
180a county or municipality to collect fees for business tax
181receipts from electrical and alarm system contractors;
182deleting a provision authorizing the collection of
183occupational license fees; amending s. 509.233, F.S.;
184authorizing local governments to establish, by ordinance,
185local exemption procedures to allow patrons' dogs within
186certain designated outdoor portions of public food service
187establishments; deleting provisions for a pilot program
188that limits the authority for such local exemption
189procedures to a specified time; deleting a provision that
190provides for the future review and repeal of such pilot
191program; amending s. 509.302, F.S.; defining the term
192"hospitality industry"; revising the purpose of the
193program to focus on certain training and transition
194programs; requiring a statewide nonprofit organization
195that receives the program's grant funding to represent a
196hospitality industry in the state; requiring the Division
197of Hotels and Restaurants of the Department of Business
198and Professional Regulation to use a portion of certain
199annual licenses fees for programs directed to careers in
200the restaurant industry and a portion of the fees for
201programs directed to careers in the lodging industry;
202authorizing the division to use a portion of the fees for
203administration of the program; deleting provisions related
204to the allocation of the funds to various programs;
205revising the criteria for the award of grants to conform
206to changes made by the act; removing an expired provision
207that authorized administrative fines to be used for the
208program; amending s. 548.002, F.S.; defining the term
209"event" for regulation of pugilistic exhibitions; amending
210s. 548.003, F.S.; authorizing the Florida State Boxing
211Commission to adopt criteria for the approval of certain
212amateur sanctioning organizations; authorizing the
213commission to adopt health and safety standards for
214amateur mixed martial arts; reenacting ss. 468.436(2)(a),
215468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
216472.033(1)(a), 473.323(1)(a), 475.25(1)(a), 475.624(1),
217476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
218481.325(1)(a), F.S., relating to the discipline of
219community association managers or firms, home inspectors,
220mold assessors and remediators, engineers, surveyors and
221mappers, certified public accountants and accounting
222firms, real estate brokers and sales associates, real
223estate appraisers, barbers, cosmetologists, architects,
224and landscape architects, to incorporate the amendment
225made to s. 455.227, F.S., in references thereto; amending
226s. 20.165, F.S.; creating the Division of Service
227Operations of the department; amending s. 455.217, F.S.;
228conforming provisions and transferring to the Division of
229Service Operations from the Division of Technology certain
230responsibilities related to examinations; revising certain
231requirements for the department concerning the use of
232outside vendors for the development, preparation, and
233evaluation of examinations; amending s. 471.003, F.S.;
234revises the types of construction projects for which
235certain contractors are exempt from licensure as an
236engineer; requiring that the Office of Program Policy
237Analysis and Government Accountability perform a study and
238make certain recommendations to the Legislature by a
239specified date regarding the enactment of laws to provide
240for protection and remedies from certain online poker
241activities; providing for retroactive application;
242repealing s. 509.201, F.S., relating to posting and
243advertising the room rates of a public lodging
244establishment and related penalties; providing effective
245dates.
246
247Be It Enacted by the Legislature of the State of Florida:
248
249     Section 1.  Subsection (1) of section 455.213, Florida
250Statutes, is amended to read:
251     455.213  General licensing provisions.--
252     (1)  Any person desiring to be licensed shall apply to the
253department in writing. The application for licensure shall be
254submitted made on a form prescribed prepared and furnished by
255the department and must include the applicant's social security
256number. Notwithstanding any other provision of law, the
257department is the sole authority for determining the contents of
258any documents to be submitted for initial licensure and
259licensure renewal. Such documents may contain information
260including, as appropriate: demographics, education, work
261history, personal background, criminal history, finances,
262business information, complaints, inspections, investigations,
263discipline, bonding, signature notarization, photographs,
264performance periods, reciprocity, local government approvals,
265supporting documentation, periodic reporting requirements,
266fingerprint requirements, continuing education requirements, and
267ongoing education monitoring. The application shall be
268supplemented as needed to reflect any material change in any
269circumstance or condition stated in the application which takes
270place between the initial filing of the application and the
271final grant or denial of the license and which might affect the
272decision of the department. In order to further the economic
273development goals of the state, and notwithstanding any law to
274the contrary, the department may enter into an agreement with
275the county tax collector for the purpose of appointing the
276county tax collector as the department's agent to accept
277applications for licenses and applications for renewals of
278licenses. The agreement must specify the time within which the
279tax collector must forward any applications and accompanying
280application fees to the department. In cases where a person
281applies or schedules directly with a national examination
282organization or examination vendor to take an examination
283required for licensure, any organization- or vendor-related fees
284associated with the examination may be paid directly to the
285organization or vendor. An application is received for purposes
286of s. 120.60 upon the department's receipt of the application
287submitted in the format prescribed by the department; the
288application fee set by the board or, if there is no board, set
289by the department; and any other fee required by law or rule to
290be remitted with the application.
291     Section 2.  Paragraphs (t) and (u) are added to subsection
292(1) of section 455.227, Florida Statutes, to read:
293     455.227  Grounds for discipline; penalties; enforcement.--
294     (1)  The following acts shall constitute grounds for which
295the disciplinary actions specified in subsection (2) may be
296taken:
297     (t)  Failing to report in writing to the board or, if there
298is no board, to the department within 30 days after the licensee
299is convicted or found guilty of, or entered a plea of nolo
300contendere or guilty to, regardless of adjudication, a crime in
301any jurisdiction. A licensee must report a conviction, finding
302of guilt, plea, or adjudication entered before the effective
303date of this paragraph within 30 days after the effective date
304of this paragraph.
305     (u)  Termination from a treatment program for impaired
306practitioners as described in s. 456.076 for failure to comply,
307without good cause, with the terms of the monitoring or
308treatment contract entered into by the licensee or failing to
309successfully complete a drug or alcohol treatment program.
310     Section 3.  Section 455.2274, Florida Statutes, is created
311to read:
312     455.2274  Criminal proceedings against licensees;
313appearances by department representatives.--A representative of
314the department may voluntarily appear in a criminal proceeding
315brought against a person licensed by the department to practice
316a profession regulated by the state. The department's
317representative is authorized to furnish pertinent information,
318make recommendations regarding specific conditions of probation,
319and provide other assistance to the court necessary to promote
320justice or protect the public. The court may order a
321representative of the department to appear in a criminal
322proceeding if the crime charged is substantially related to the
323qualifications, functions, or duties of a license regulated by
324the department.
325     Section 4.  Paragraph (i) of subsection (1) of section
326468.402, Florida Statutes, is amended to read:
327     468.402  Duties of the department; authority to issue and
328revoke license; adoption of rules.--
329     (1)  The department may take any one or more of the actions
330specified in subsection (5) against any person who has:
331     (i)  Had a license to operate a talent agency revoked,
332suspended, or otherwise acted against, including, but not
333limited to, having been denied a license for good cause by the
334licensing authority of any another state, territory, or country.
335     Section 5.  Subsection (1) of section 468.403, Florida
336Statutes, is amended to read:
337     468.403  License requirements.--
338     (1)  A person may not own, operate, solicit business, or
339otherwise engage in or carry on the occupation of a talent
340agency in this state unless the such person first procures a
341license for the talent agency from the department. However, A
342license is not required for a person who acts as an agent for
343herself or himself, a family member, or exclusively for one
344artist. However, a person may not advertise or otherwise hold
345herself or himself out as a "talent agency" or "talent agent"
346unless the person is licensed under this section as a talent
347agency.
348     Section 6.  Section 468.409, Florida Statutes, is amended
349to read:
350     468.409  Records required to be kept.--Each talent agency
351shall keep on file the application, registration, or contract of
352each artist. In addition, such file must include the name and
353address of each artist, the amount of the compensation received,
354and all attempts to procure engagements for the artist. No such
355agency or employee thereof shall knowingly make any false entry
356in applicant files or receipt files. Each card or document in
357such files shall be preserved for a period of 1 year after the
358date of the last entry thereon. Records required under this
359section shall be readily available for inspection by the
360department during reasonable business hours at the talent
361agency's principal office. A talent agency must provide the
362department with true copies of the records in the manner
363prescribed by the department.
364     Section 7.  Subsection (3) of section 468.410, Florida
365Statutes, is amended to read:
366     468.410  Prohibition against registration fees; referral.--
367     (3)  A talent agency shall give each applicant a copy of a
368contract, within 24 hours after the contract's execution, which
369lists the services to be provided and the fees to be charged.
370The contract shall state that the talent agency is regulated by
371the department and shall list the address and telephone number
372of the department.
373     Section 8.  Subsections (5) and (8) of section 468.412,
374Florida Statutes, are amended, and subsection (11) is added to
375that section, to read:
376     468.412  Talent agency regulations; prohibited acts.--
377     (5)(a)  No talent agency may knowingly issue a contract for
378employment containing any term or condition which, if complied
379with, would be in violation of law, or attempt to fill an order
380for help to be employed in violation of law.
381     (b)  A talent agency must advise an artist, in writing,
382that the artist has a right to rescind a contract for employment
383within the first 3 business days after the contract's execution.
384Any engagement procured by the talent agency for the artist
385during the first 3 business days of the contract remains
386commissionable to the talent agency.
387     (8)  No talent agency, without the written consent of the
388artist, may divide fees with anyone, including, but not limited
389to, an agent or other employee of an employer, a buyer, a
390casting director, a producer, a director, or any venue that uses
391entertainment. For purposes of this subsection, to "divide fees"
392includes the sharing among two or more persons of those fees
393charged to an artist for services performed on behalf of that
394artist, the total amount of which fees exceeds the amount that
395would have been charged to the artist by the talent agency
396alone.
397     (11)  A talent agency may assign an engagement contract to
398another talent agency licensed in this state only if the artist
399agrees in writing to the assignment. The assignment must occur,
400and written notice of the assignment must be given to the
401artist, within 30 days after the artist agrees in writing to the
402assignment.
403     Section 9.  Subsection (4) of section 468.413, Florida
404Statutes, is amended to read:
405     468.413  Legal requirements; penalties.--
406     (4)  In the event the department or any state attorney
407shall have probable cause to believe that a talent agency or
408other person has violated any provision of subsection (1), an
409action may be brought by the department or any state attorney to
410enjoin such talent agency or any person from continuing such
411violation, or engaging therein or doing any acts in furtherance
412thereof, and for such other relief as to the court seems
413appropriate. In addition to this remedy, the department may
414assess a penalty against any talent agency or any person in an
415amount not to exceed $5,000 $1,000.
416     Section 10.  Paragraph (d) of subsection (3) of section
417468.609, Florida Statutes, is amended to read:
418     468.609  Administration of this part; standards for
419certification; additional categories of certification.--
420     (3)  A person may take the examination for certification as
421a building code administrator pursuant to this part if the
422person:
423     (d)  After the building code training program is
424established under s. 553.841, demonstrates successful completion
425of the core curriculum approved by the Florida Building
426Commission, appropriate to the licensing category sought.
427     Section 11.  Subsection (6) of section 468.627, Florida
428Statutes, is amended to read:
429     468.627  Application; examination; renewal; fees.--
430     (6)  Each certificateholder shall provide to the board
431proof of completion of the core curriculum courses of the
432building code training program established by s. 553.841, within
4332 years after commencement of the program. Each new
434certificateholder shall provide to the board proof of completion
435of the core curriculum courses of the building code training
436program established in s. 553.841 within the first 2-year period
437after initial licensure. Continuing education hours spent taking
438such core curriculum courses shall count toward the number
439required for license renewal.
440     Section 12.  Section 471.0195, Florida Statutes, is amended
441to read:
442     471.0195  Florida Building Code training for
443engineers.--All licensees actively participating in the design
444of engineering works or systems in connection with buildings,
445structures, or facilities and systems covered by the Florida
446Building Code shall take continuing education courses and submit
447proof to the board, at such times and in such manner as
448established by the board by rule, that the licensee has
449completed the core curriculum courses and any specialized or
450advanced courses on any portion of the Florida Building Code
451applicable to the licensee's area of practice or has passed the
452appropriate equivalency test of the Building Code Training
453Program as required by s. 553.841. The board shall record
454reported continuing education courses on a system easily
455accessed by code enforcement jurisdictions for evaluation when
456determining license status for purposes of processing design
457documents. Local jurisdictions shall be responsible for
458notifying the board when design documents are submitted for
459building construction permits by persons who are not in
460compliance with this section. The board shall take appropriate
461action as provided by its rules when such noncompliance is
462determined to exist.
463     Section 13.  Section 473.305, Florida Statutes, is amended
464to read:
465     473.305  Fees.--The board, by rule, may establish fees to
466be paid for applications, examination, reexamination, licensing
467and renewal, reinstatement, and recordmaking and recordkeeping.
468The fee for the examination shall be established at an amount
469that covers the costs for the procurement or development,
470administration, grading, and review of the examination. The fee
471for the examination is refundable if the applicant is found to
472be ineligible to sit for the examination. The fee for initial
473application is nonrefundable, and the combined fees for
474application and examination may not exceed $250 plus the actual
475per applicant cost to the department for purchase of the
476examination from the American Institute of Certified Public
477Accountants or a similar national organization. The biennial
478renewal fee may not exceed $250. The board may also establish,
479by rule, a reactivation fee, a late filing fee for the law and
480rules examination, and a delinquency fee not to exceed $50 for
481continuing professional education reporting forms. The board
482shall establish fees which are adequate to ensure the continued
483operation of the board and to fund the proportionate expenses
484incurred by the department which are allocated to the regulation
485of public accountants. Fees shall be based on department
486estimates of the revenue required to implement this chapter and
487the provisions of law with respect to the regulation of
488certified public accountants.
489     Section 14.  Subsection (1) of section 473.311, Florida
490Statutes, is amended to read:
491     473.311  Renewal of license.--
492     (1)  The department shall renew a license upon receipt of
493the renewal application and fee and upon certification by the
494board that the licensee has satisfactorily completed the
495continuing education requirements of s. 473.312 and has passed
496an examination approved by the board on chapter 455 and this
497chapter and the related administrative rules. However, each
498licensee must complete the requirements of s. 473.312(1)(c)
499prior to taking the examination.
500     Section 15.  Subsection (3) of section 473.313, Florida
501Statutes, is amended to read:
502     473.313  Inactive status.--
503     (3)  Any licensee holding an inactive license may be
504permitted to reactivate such license in a conditional manner.
505The conditions of reactivation shall require, in addition to the
506payment of fees, the passing of the examination approved by the
507board concerning chapter 455 and this chapter, and the related
508administrative rules, and the completion of required continuing
509education.
510     Section 16.  Paragraph (a) of subsection (1) of section
511475.175, Florida Statutes, is amended to read:
512     475.175  Examinations.--
513     (1)  A person shall be entitled to take the license
514examination to practice in this state if the person:
515     (a)  Submits to the department the appropriate notarized or
516electronically authenticated application and fee, and a
517fingerprint card. The fingerprint card shall be forwarded to the
518Division of Criminal Justice Information Systems within the
519Department of Law Enforcement for purposes of processing the
520fingerprint card to determine if the applicant has a criminal
521history record. The fingerprint card shall also be forwarded to
522the Federal Bureau of Investigation for purposes of processing
523the fingerprint card to determine if the applicant has a
524criminal history record. The information obtained by the
525processing of the fingerprint card by the Florida Department of
526Law Enforcement and the Federal Bureau of Investigation shall be
527sent to the department for the purpose of determining if the
528applicant is statutorily qualified for examination. Effective
529July 1, 2006, an applicant shall provide fingerprints in
530electronic format.
531     Section 17.  Subsection (6) of section 475.451, Florida
532Statutes, is amended to read:
533     475.451  Schools teaching real estate practice.--
534     (6)  Any course prescribed by the commission as a condition
535precedent to any person's becoming initially licensed as a sales
536associate may be taught in any real estate school through the
537use of a video tape of instruction by a currently permitted
538instructor from any such school or may be taught by distance
539learning pursuant to s. 475.17(2). The commission may require
540that any such video tape course have a single session of live
541instruction by a currently permitted instructor from any such
542school; however, this requirement shall not exceed 3 classroom
543hours. All other prescribed courses, except the continuing
544education course required by s. 475.182, shall be taught by a
545currently permitted school instructor personally in attendance
546at such course or by distance learning pursuant to s. 475.17.
547The continuing education course required by s. 475.182 may be
548taught by distance learning pursuant to s. 475.17 or by an
549equivalent correspondence course; however, any such
550correspondence course shall be required to have a final
551examination, prepared and administered by the school issuing the
552correspondence course. The continuing education requirements
553provided in this section or provided in any other section in
554this chapter do not apply with respect to an any attorney who is
555otherwise qualified under the provisions of this chapter and who
556is a member in good standing of The Florida Bar.
557     Section 18.  Subsection (5) of section 475.615, Florida
558Statutes, is amended to read:
559     475.615  Qualifications for registration or
560certification.--
561     (5)  At the time of filing an a notarized application for
562registration or certification, the applicant must sign a pledge
563to comply with the Uniform Standards of Professional Appraisal
564Practice upon registration or certification and must indicate in
565writing that she or he understands the types of misconduct for
566which disciplinary proceedings may be initiated. The application
567shall expire 1 year after the date received.
568     Section 19.  Subsection (1) of section 476.134, Florida
569Statutes, is amended to read:
570     476.134  Examinations.--
571     (1)  Examinations of applicants for licenses as barbers
572shall be offered not less than four times each year. The
573examination of applicants for licenses as barbers shall may
574include both a practical demonstration and a written test. The
575board shall have the authority to adopt rules with respect to
576the examination of applicants for licensure. The board may
577provide rules with respect to written or practical examinations
578in such manner as the board may deem fit.
579     Section 20.  Paragraph (b) of subsection (6) of section
580476.144, Florida Statutes, is amended to read:
581     476.144  Licensure.--
582     (6)  A person may apply for a restricted license to
583practice barbering. The board shall adopt rules specifying
584procedures for an applicant to obtain a restricted license if
585the applicant:
586     (b)  Passes a written examination on the laws and rules
587governing the practice of barbering in Florida, as established
588by the board, and a practical examination approved by the board.
589
590The restricted license shall limit the licensee's practice to
591those specific areas in which the applicant has demonstrated
592competence pursuant to rules adopted by the board.
593     Section 21.  Paragraph (a) of subsection (1) of section
594477.026, Florida Statutes, is amended to read:
595     477.026  Fees; disposition.--
596     (1)  The board shall set fees according to the following
597schedule:
598     (a)  For cosmetologists, fees for original licensing,
599license renewal, and delinquent renewal shall not exceed $50
600$25.
601     Section 22.  Subsection (6) of section 481.215, Florida
602Statutes, is renumbered as subsection (5), and present
603subsection (5) of that section is amended to read:
604     481.215  Renewal of license.--
605     (5)  Each licensee shall provide to the board proof of
606completion of the core curriculum courses, or passing the
607equivalency test of the Building Code Training Program
608established by s. 553.841, within 2 years after commencement of
609the program or after initial licensure, whichever is later.
610Hours spent taking core curriculum courses shall count toward
611the number required for license renewal. A licensee who passes
612the equivalency test in lieu of taking the core curriculum
613courses shall receive full credit for such core curriculum
614course hours.
615     Section 23.  Subsection (6) of section 481.313, Florida
616Statutes, is renumbered as subsection (5), and present
617subsection (5) of that section is amended to read:
618     481.313  Renewal of license.--
619     (5)  Each licenseholder shall provide to the board proof of
620completion of the core curriculum courses, or passing the
621equivalency test of the Building Code Training Program
622established by s. 553.841, within 2 years after commencement of
623the program or of initial licensure, whichever is later. Hours
624spent taking core curriculum courses shall count toward the
625number required for license renewal. A licensee who passes the
626equivalency test in lieu of taking the core curriculum courses
627shall receive full credit for core curriculum course hours.
628     Section 24.  Subsection (8) is added to section 481.229,
629Florida Statutes, to read:
630     481.229  Exceptions; exemptions from licensure.--
631     (8)  A manufacturer of commercial food service equipment or
632the manufacturer's representative, distributor, or dealer or an
633employee thereof, who prepares designs, specifications, or
634layouts for the sale or installation of such equipment is exempt
635from licensure as an architect or interior designer, if:
636     (a)  The designs, specifications, or layouts are not used
637for construction or installation that may affect structural,
638mechanical, plumbing, heating, air conditioning, ventilating,
639electrical, or vertical transportation systems.
640     (b)  The designs, specifications, or layouts do not
641materially affect lifesafety systems pertaining to firesafety
642protection, smoke evacuation and compartmentalization, and
643emergency ingress or egress systems.
644     (c)  Each design, specification, or layout document
645prepared by a person or entity exempt under this subsection
646contains a statement on each page of the document that the
647designs, specifications, or layouts are not architectural,
648interior design, or engineering designs, specifications, or
649layouts and not used for construction unless reviewed and
650approved by a licensed architect or engineer.
651     Section 25.  Subsection (7) of section 489.103, Florida
652Statutes, is amended to read:
653     489.103  Exemptions.--This part does not apply to:
654     (7)  Owners of property when acting as their own contractor
655and providing direct, onsite supervision themselves of all work
656not performed by licensed contractors:
657     (a)  When building or improving farm outbuildings or one-
658family or two-family residences on such property for the
659occupancy or use of such owners and not offered for sale or
660lease, or building or improving commercial buildings, at a cost
661not to exceed $75,000, on such property for the occupancy or use
662of such owners and not offered for sale or lease. In an action
663brought under this part, proof of the sale or lease, or offering
664for sale or lease, of any such structure by the owner-builder
665within 1 year after completion of same creates a presumption
666that the construction was undertaken for purposes of sale or
667lease.
668     (b)  When repairing or replacing wood shakes or asphalt or
669fiberglass shingles on one-family, two-family, or three-family
670residences for the occupancy or use of such owner or tenant of
671the owner and not offered for sale within 1 year after
672completion of the work and when the property has been damaged by
673natural causes from an event recognized as an emergency
674situation designated by executive order issued by the Governor
675declaring the existence of a state of emergency as a result and
676consequence of a serious threat posed to the public health,
677safety, and property in this state.
678
679This subsection does not exempt any person who is employed by or
680has a contract with such owner and who acts in the capacity of a
681contractor. The owner may not delegate the owner's
682responsibility to directly supervise all work to any other
683person unless that person is registered or certified under this
684part and the work being performed is within the scope of that
685person's license. For the purposes of this subsection, the term
686"owners of property" includes the owner of a mobile home
687situated on a leased lot. To qualify for exemption under this
688subsection, an owner must personally appear and sign the
689building permit application and must satisfy local permitting
690agency requirements, if any, proving that the owner has a
691complete understanding of the owner's obligations under the law
692as specified in the disclosure statement in this section. If any
693person violates the requirements of this subsection, the local
694permitting agency shall withhold final approval, revoke the
695permit, or pursue any action or remedy for unlicensed activity
696against the owner and any person performing work that requires
697licensure under the permit issued. The local permitting agency
698shall provide the person with a disclosure statement in
699substantially the following form:
700
701
DISCLOSURE STATEMENT
702
7031.  I understand that state law requires construction to
704be done by a licensed contractor and have applied for an
705owner-builder permit under an exemption from the law. The
706exemption specifies that I, as the owner of the property
707listed, may act as my own contractor with certain
708restrictions even though I do not have a license.
709
7102.  I understand that building permits are not required to
711be signed by a property owner unless he or she is
712responsible for the construction and is not hiring a
713licensed contractor to assume responsibility.
714
7153.  I understand that, as an owner-builder, I am the
716responsible party of record on a permit. I understand that
717I may protect myself from potential financial risk by
718hiring a licensed contractor and having the permit filed
719in his or her name instead of my own name. I also
720understand that a contractor is required by law to be
721licensed in Florida and to list his or her license numbers
722on permits and contracts.
723
7244.  I understand that I may build or improve a one-family
725or two-family residence or a farm outbuilding. I may also
726build or improve a commercial building if the costs do not
727exceed $75,000. The building or residence must be for my
728own use or occupancy. It may not be built or substantially
729improved for sale or lease. If a building or residence
730that I have built or substantially improved myself is sold
731or leased within 1 year after the construction is
732complete, the law will presume that I built or
733substantially improved it for sale or lease, which
734violates the exemption.
735
7365.  I understand that, as the owner-builder, I must
737provide direct, onsite supervision of the construction.
738
7396.  I understand that I may not hire an unlicensed person
740to act as my contractor or to supervise persons working on
741my building or residence. It is my responsibility to
742ensure that the persons whom I employ have the licenses
743required by law and by county or municipal ordinance.
744
7457.  I understand that it is a frequent practice of
746unlicensed persons to have the property owner obtain an
747owner-builder permit that erroneously implies that the
748property owner is providing his or her own labor and
749materials. I, as an owner-builder, may be held liable and
750subjected to serious financial risk for any injuries
751sustained by an unlicensed person or his or her employees
752while working on my property. My homeowner's insurance may
753not provide coverage for those injuries. I am willfully
754acting as an owner-builder and am aware of the limits of
755my insurance coverage for injuries to workers on my
756property.
757
7588.  I understand that I may not delegate the
759responsibility for supervising work to a licensed
760contractor who is not licensed to perform the work being
761done. Any person working on my building who is not
762licensed must work under my direct supervision and must be
763employed by me, which means that I must comply with laws
764requiring the withholding of federal income tax and social
765security contributions under the Federal Insurance
766Contributions Act (FICA) and must provide workers'
767compensation for the employee. I understand that my
768failure to follow these laws may subject me to serious
769financial risk.
770
7719.  I agree that, as the party legally and financially
772responsible for this proposed construction activity, I
773will abide by all applicable laws and requirements that
774govern owner-builders as well as employers. I also
775understand that the construction must comply with all
776applicable laws, ordinances, building codes, and zoning
777regulations.
778
77910.  I understand that I may obtain more information
780regarding my obligations as an employer from the Internal
781Revenue Service, the United States Small Business
782Administration, the Florida Department of Financial
783Services, and the Florida Department of Revenue. I also
784understand that I may contact the Florida Construction
785Industry Licensing Board at ...(telephone number)... or
786... (Internet website address)... for more information
787about licensed contractors.
788
78911.  I am aware of, and consent to, an owner-builder
790building permit applied for in my name and understand that
791I am the party legally and financially responsible for the
792proposed construction activity at the following address:
793...(address of property)....
794
79512.  I agree to notify ...(issuer of disclosure
796statements)... immediately of any additions, deletions, or
797changes to any of the information that I have provided on
798this disclosure.
799
800Licensed contractors are regulated by laws designed to
801protect the public. If you contract with a person who does
802not have a license, the Construction Industry Licensing
803Board and Department of Business and Professional
804Regulation may be unable to assist you with any financial
805loss that you sustain as a result of a complaint. Your
806only remedy against an unlicensed contractor may be in
807civil court. It is also important for you to understand
808that, if an unlicensed contractor or employee of an
809individual or firm is injured while working on your
810property, you may be held liable for damages. If you
811obtain an owner-builder permit and wish to hire a licensed
812contractor, you will be responsible for verifying whether
813the contractor is properly licensed and the status of the
814contractor's workers' compensation coverage.
815
816Before a building permit can be issued, this disclosure
817statement must be completed and signed by the property
818owner and returned to the local permitting agency
819responsible for issuing the permit. A copy of the property
820owner's driver license, the notarized signature of the
821property owner, or other type of verification acceptable
822to the local permitting agency is required when the permit
823is issued.
824
825Signature: ...(signature of property owner)....
826Date: ...(date)....
827
828     State law requires construction to be done by licensed
829contractors. You have applied for a permit under an exemption to
830that law. The exemption allows you, as the owner of your
831property, to act as your own contractor with certain
832restrictions even though you do not have a license. You must
833provide direct, onsite supervision of the construction yourself.
834You may build or improve a one-family or two-family residence or
835a farm outbuilding. You may also build or improve a commercial
836building, provided your costs do not exceed $75,000. The
837building or residence must be for your own use or occupancy. It
838may not be built or substantially improved for sale or lease. If
839you sell or lease a building you have built or substantially
840improved yourself within 1 year after the construction is
841complete, the law will presume that you built or substantially
842improved it for sale or lease, which is a violation of this
843exemption. You may not hire an unlicensed person to act as your
844contractor or to supervise people working on your building. It
845is your responsibility to make sure that people employed by you
846have licenses required by state law and by county or municipal
847licensing ordinances. You may not delegate the responsibility
848for supervising work to a licensed contractor who is not
849licensed to perform the work being done. Any person working on
850your building who is not licensed must work under your direct
851supervision and must be employed by you, which means that you
852must deduct F.I.C.A. and withholding tax and provide workers'
853compensation for that employee, all as prescribed by law. Your
854construction must comply with all applicable laws, ordinances,
855building codes, and zoning regulations.
856     Section 26.  Paragraph (q) of subsection (3) of section
857489.105, Florida Statutes, is amended to read:
858     489.105  Definitions.--As used in this part:
859     (3)  "Contractor" means the person who is qualified for,
860and shall only be responsible for, the project contracted for
861and means, except as exempted in this part, the person who, for
862compensation, undertakes to, submits a bid to, or does himself
863or herself or by others construct, repair, alter, remodel, add
864to, demolish, subtract from, or improve any building or
865structure, including related improvements to real estate, for
866others or for resale to others; and whose job scope is
867substantially similar to the job scope described in one of the
868subsequent paragraphs of this subsection. For the purposes of
869regulation under this part, "demolish" applies only to
870demolition of steel tanks over 50 feet in height; towers over 50
871feet in height; other structures over 50 feet in height, other
872than buildings or residences over three stories tall; and
873buildings or residences over three stories tall. Contractors are
874subdivided into two divisions, Division I, consisting of those
875contractors defined in paragraphs (a)-(c), and Division II,
876consisting of those contractors defined in paragraphs (d)-(q):
877     (q)  "Specialty contractor" means a contractor whose scope
878of work and responsibility is limited to a particular phase of
879construction established in a category adopted by board rule and
880whose scope is limited to a subset of the activities described
881in the categories established in one of the paragraphs of this
882subsection.
883     Section 27.  Paragraphs (a) and (d) of subsection (1) of
884section 489.109, Florida Statutes, are amended to read:
885     489.109  Fees.--
886     (1)  The board, by rule, shall establish reasonable fees to
887be paid for applications, certification and renewal,
888registration and renewal, and recordmaking and recordkeeping.
889The fees shall be established as follows:
890     (a)  With respect to an applicant for a certificate, the
891initial application fee may not exceed $150, and, if an
892examination cost is included in the application fee, the
893combined amount may not exceed $350. The initial certification
894fee and the renewal fee may not exceed $250 $200. However, any
895applicant who seeks certification under this part by taking a
896practical examination must pay as an examination fee the actual
897cost incurred by the department in developing, preparing,
898administering, scoring, score reporting, and evaluating the
899examination, if the examination is conducted by the department.
900     (d)  With respect to an application for registration or
901certification to qualify a business organization, the initial
902application fee and the renewal fee shall be $50 The board, by
903rule, may establish a fee for transfer of a certificate of
904authority from one business organization to another, not to
905exceed the applicable renewal fee.
906     Section 28.  Section 489.114, Florida Statutes, is amended
907to read:
908     489.114  Evidence of workers' compensation
909coverage.--Except as provided in s. 489.115(5)(d), any person,
910business organization, or qualifying agent engaged in the
911business of contracting in this state and certified or
912registered under this part shall, as a condition precedent to
913the issuance or renewal of a certificate or, registration, or
914certificate of authority of the contractor, provide to the
915Construction Industry Licensing Board, as provided by board
916rule, evidence of workers' compensation coverage pursuant to
917chapter 440. In the event that the Division of Workers'
918Compensation of the Department of Financial Services receives
919notice of the cancellation of a policy of workers' compensation
920insurance insuring a person or entity governed by this section,
921the Division of Workers' Compensation shall certify and identify
922all persons or entities by certification or registration license
923number to the department after verification is made by the
924Division of Workers' Compensation that persons or entities
925governed by this section are no longer covered by workers'
926compensation insurance. Such certification and verification by
927the Division of Workers' Compensation may result from records
928furnished to the Division of Workers' Compensation by the
929persons or entities governed by this section or an investigation
930completed by the Division of Workers' Compensation. The
931department shall notify the persons or entities governed by this
932section who have been determined to be in noncompliance with
933chapter 440, and the persons or entities notified shall provide
934certification of compliance with chapter 440 to the department
935and pay an administrative fine in the amount of $500. The
936failure to maintain workers' compensation coverage as required
937by law shall be grounds for the board to revoke, suspend, or
938deny the issuance or renewal of a certificate or, registration,
939or certificate of authority of the contractor under the
940provisions of s. 489.129.
941     Section 29.  Paragraph (b) of subsection (4) of section
942489.115, Florida Statutes, is amended to read:
943     489.115  Certification and registration; endorsement;
944reciprocity; renewals; continuing education.--
945     (4)
946     (b)1.  Each certificateholder or registrant shall provide
947proof, in a form established by rule of the board, that the
948certificateholder or registrant has completed at least 14
949classroom hours of at least 50 minutes each of continuing
950education courses during each biennium since the issuance or
951renewal of the certificate or registration. The board shall
952establish by rule that a portion of the required 14 hours must
953deal with the subject of workers' compensation, business
954practices, workplace safety, and, for applicable licensure
955categories, wind mitigation methodologies, and 1 hour of which
956must deal with laws and rules. The board shall by rule establish
957criteria for the approval of continuing education courses and
958providers, including requirements relating to the content of
959courses and standards for approval of providers, and may by rule
960establish criteria for accepting alternative nonclassroom
961continuing education on an hour-for-hour basis. The board shall
962prescribe by rule the continuing education, if any, which is
963required during the first biennium of initial licensure. A
964person who has been licensed for less than an entire biennium
965must not be required to complete the full 14 hours of continuing
966education.
967     2.  In addition, the board may approve specialized
968continuing education courses on compliance with the wind
969resistance provisions for one and two family dwellings contained
970in the Florida Building Code and any alternate methodologies for
971providing such wind resistance which have been approved for use
972by the Florida Building Commission. Division I
973certificateholders or registrants who demonstrate proficiency
974upon completion of such specialized courses may certify plans
975and specifications for one and two family dwellings to be in
976compliance with the code or alternate methodologies, as
977appropriate, except for dwellings located in floodways or
978coastal hazard areas as defined in ss. 60.3D and E of the
979National Flood Insurance Program.
980     3.  Each certificateholder or registrant shall provide to
981the board proof of completion of the core curriculum courses, or
982passing the equivalency test of the Building Code Training
983Program established under s. 553.841, specific to the licensing
984category sought, within 2 years after commencement of the
985program or of initial certification or registration, whichever
986is later. Classroom hours spent taking core curriculum courses
987shall count toward the number required for renewal of
988certificates or registration. A certificateholder or registrant
989who passes the equivalency test in lieu of taking the core
990curriculum courses shall receive full credit for core curriculum
991course hours.
992     3.4.  The board shall require, by rule adopted pursuant to
993ss. 120.536(1) and 120.54, a specified number of hours in
994specialized or advanced module courses, approved by the Florida
995Building Commission, on any portion of the Florida Building
996Code, adopted pursuant to part IV of chapter 553, relating to
997the contractor's respective discipline.
998     Section 30.  Paragraph (a) of subsection (1) and
999subsections (4) and (5) of section 489.117, Florida Statutes,
1000are amended to read:
1001     489.117  Registration; specialty contractors.--
1002     (1)(a)  Any person engaged in the business of a contractor
1003as defined in s. 489.105(3)(a)-(o) must in the state shall be
1004registered in the proper classification, unless he or she is
1005certified. Any person entering the business of a contractor
1006shall be registered before prior to engaging in business as a
1007contractor in this state, unless he or she is certified. To be
1008initially registered, the applicant shall submit the required
1009fee and file evidence, in a form provided by the department, of
1010holding a current local occupational license required by any
1011municipality, county, or development district, if any, for the
1012type of work for which registration is desired and evidence of
1013successful compliance with the local examination and licensing
1014requirements, if any, in the area for which registration is
1015desired. An No examination is not shall be required for
1016registration.
1017     (4)(a)  A person holding a local license whose job scope
1018does not substantially correspond to either the job scope of one
1019of the contractor categories defined in s. 489.105(3)(a)-(o), or
1020the job scope of one of the certified specialty contractor
1021categories previously established by board rule as of the
1022effective date of this provision, is shall not be required to
1023register with the board to perform contracting activities within
1024the scope of such specialty license.
1025     (b)  A local jurisdiction may require an individual holding
1026a local specialty contractor license in a category which
1027pursuant to paragraph (a) does not permit registration to obtain
1028a tracking registration from the board, provided that the board
1029has established by rule that the activities which comprise the
1030job scope of the local specialty contractor license involve
1031lifesafety considerations and a significant potential danger to
1032the consumer.
1033     (b)(c)  The local jurisdictions are shall be responsible
1034for providing the following information to the board within 30
1035days after licensure of, or any disciplinary action against, a
1036locally licensed contractor who is registered under this part:
1037     1.  Licensure information.,
1038     2.  Code violation information pursuant to s. 553.781., and
1039     3.  Disciplinary information. on locally licensed
1040individuals to the board within 30 days after licensure or any
1041disciplinary action, and
1042
1043The board shall maintain such licensure and disciplinary
1044information as it is provided to the board them, and shall make
1045the such information available through the automated information
1046system provided pursuant to s. 455.2286. The biennial tracking
1047registration fee shall not exceed $40.
1048     (c)(d)  Neither the board nor the department assumes any
1049responsibility for providing discipline pursuant to having
1050provided the tracking registration. Providing discipline to such
1051locally licensed contractors is individuals shall be the
1052responsibility of the local jurisdiction. Failure to obtain a
1053tracking registration shall not be considered a violation of
1054this chapter; however, a local jurisdiction requiring such
1055tracking registration may levy such penalties for failure to
1056obtain the tracking registration as it chooses to provide
1057through local ordinance.
1058     (d)(e)  Any person who is not required to obtain
1059registration or certification pursuant to s. 489.105(3)(d)-(o)
1060may perform specialty contracting services for the construction,
1061remodeling, repair, or improvement of single-family residences,
1062including a townhouse as defined in the Florida Building Code,
1063without obtaining a local professional license if such person is
1064under the supervision of a certified or registered general,
1065building, or residential contractor. As used in this paragraph,
1066supervision shall not be deemed to require the existence of a
1067direct contract between the certified or registered general,
1068building, or residential contractor and the person performing
1069specialty contracting services.
1070     (5)  In order to establish uniformity among the job scopes
1071established by local jurisdictions, the board shall, by rule,
1072establish the job scope for any licensure category registered by
1073the board under this part. The board shall not arbitrarily limit
1074such scopes and shall restrict the job scopes only to the
1075minimum extent necessary to ensure uniformity.
1076     Section 31.  Section 489.119, Florida Statutes, is amended
1077to read:
1078     489.119  Business organizations; qualifying agents.--
1079     (1)  If an individual proposes to engage in contracting in
1080the individual's own name, or a fictitious name where the
1081individual is doing business as a sole proprietorship,
1082registration or certification may be issued only to that
1083individual.
1084     (2)  If the applicant proposes to engage in contracting as
1085a business organization, including any partnership, corporation,
1086business trust, or other legal entity, or in any name other than
1087the applicant's legal name or a fictitious name where the
1088applicant is doing business as a sole proprietorship, the
1089applicant business organization must apply for registration or
1090certification as the for a certificate of authority through a
1091qualifying agent of the business organization and under the
1092fictitious name, if any.
1093     (a)  An The application for registration or certification
1094to qualify a business organization a certificate of authority
1095must state the name of the partnership and of its partners; the
1096name of the corporation and of its officers and directors and
1097the name of each of its stockholders who is also an officer or
1098director; the name of the business trust and its trustees; or
1099the name of such other legal entity and its members; and must
1100state the fictitious name, if any, under which the business
1101organization is doing business.
1102     (b)1.  An The application for registration or certification
1103to qualify a business organization primary qualifying agent must
1104include an affidavit on a form provided by the board attesting
1105that the applicant has final approval authority for all
1106construction work performed by the business organization entity
1107and that the applicant has final approval authority on all
1108business matters, including contracts, specifications, checks,
1109drafts, or payments, regardless of the form of payment, made by
1110the business organization entity, except where a financially
1111responsible officer is approved.
1112     2.  The application for financially responsible officer
1113must include an affidavit on a form provided by the board
1114attesting that the applicant's approval is required for all
1115checks, drafts, or payments, regardless of the form of payment,
1116made by the business organization entity and that the applicant
1117has authority to act for the business organization in all
1118financial matters.
1119     3.  The application for secondary qualifying agent must
1120include an affidavit on a form provided by the board attesting
1121that the applicant has authority to supervise all construction
1122work performed by the business organization entity as provided
1123in s. 489.1195(2).
1124     (c)  The board may deny an application for registration or
1125certification to qualify a business organization if the
1126applicant, or any person listed in paragraph (a), has been
1127involved in past disciplinary actions or on any grounds for
1128which an individual registration or certification may be denied.
1129     (d)(b)  The applicant must furnish evidence of statutory
1130compliance if a fictitious name is used, the provisions of s.
1131865.09(7) notwithstanding.
1132     (e)(c)  A joint venture, including a joint venture composed
1133of qualified business organizations, is itself a separate and
1134distinct organization that must be qualified and obtain a
1135certificate of authority in accordance with board rules.
1136     (d)  A certificate of authority must be renewed every 2
1137years. If there is a change in any information that is required
1138to be stated on the application, the business organization
1139shall, within 45 days after such change occurs, mail the correct
1140information to the department.
1141     (3)(a)  A The qualifying agent must shall be certified or
1142registered under this part in order for the business
1143organization to operate be issued a certificate of authority in
1144the category of contracting in the business conducted for which
1145the qualifying agent is certified or registered. If any
1146qualifying agent ceases to be affiliated with a such business
1147organization, he or she shall so inform the department. In
1148addition, if the such qualifying agent is the only certified or
1149registered contractor affiliated with the business organization,
1150the business organization shall notify the department of the
1151termination of the qualifying agent and shall have 60 days from
1152the termination of the qualifying agent's affiliation with the
1153business organization in which to employ another qualifying
1154agent. The business organization may not engage in contracting
1155until a qualifying agent is employed, unless the executive
1156director or chair of the board has granted a temporary
1157nonrenewable certificate or registration to the financially
1158responsible officer, the president, a partner, or, in the case
1159of a limited partnership, the general partner, who assumes all
1160responsibilities of a primary qualifying agent for the business
1161organization entity. This temporary certificate or registration
1162shall only allow the business organization entity to proceed
1163with incomplete contracts. For the purposes of this paragraph,
1164an incomplete contract is one which has been awarded to, or
1165entered into by, the business organization prior to the
1166cessation of affiliation of the qualifying agent with the
1167business organization or one on which the business organization
1168was the low bidder and the contract is subsequently awarded,
1169regardless of whether any actual work has commenced under the
1170contract prior to the qualifying agent ceasing to be affiliated
1171with the business organization.
1172     (b)  The qualifying agent shall inform the department in
1173writing when he or she proposes to engage in contracting in his
1174or her own name or in affiliation with another business
1175organization, and he or she or such new business organization
1176shall supply the same information to the department as required
1177of applicants under this part.
1178     (c)  Upon a favorable determination by the board, after
1179investigation of the financial responsibility, credit, and
1180business reputation of the qualifying agent and the new business
1181organization, the department shall issue, without an
1182examination, a new certificate of authority in the business
1183organization's name.
1184     (4)  Disciplinary action against a business organization
1185holding a certificate of authority shall be administered in the
1186same manner and on the same grounds as disciplinary action
1187against a contractor. The board may deny the certification of
1188any person cited in subsection (2) if the person has been
1189involved in past disciplinary actions or on any grounds for
1190which individual certification can be denied.
1191     (4)(5)  When a certified qualifying agent, on behalf of a
1192business organization, makes application for a business tax
1193receipt an occupational license in any municipality or county of
1194this state, the application shall be made with the tax collector
1195in the name of the business organization and the qualifying
1196agent; and the license, when issued, shall be issued to the
1197business organization, upon payment of the appropriate licensing
1198fee and exhibition to the tax collector of a valid certificate
1199for the qualifying agent and a valid certificate of authority
1200for the business organization issued by the department, and the
1201state license numbers shall be noted thereon.
1202     (5)(6)(a)  Each registered or certified contractor shall
1203affix the number of his or her registration or certification to
1204each application for a building permit and on each building
1205permit issued and recorded. Each city or county building
1206department shall require, as a precondition for the issuance of
1207the building permit, that the contractor taking out the permit
1208must provide verification giving his or her Construction
1209Industry Licensing Board registration or certification number.
1210     (b)  The registration or certification number of each
1211contractor or certificate of authority number for each business
1212organization shall appear in each offer of services, business
1213proposal, bid, contract, or advertisement, regardless of medium,
1214as defined by board rule, used by that contractor or business
1215organization in the practice of contracting.
1216     (c)  If a vehicle bears the name of a contractor or
1217business organization, or any text or artwork which would lead a
1218reasonable person to believe that the vehicle is used for
1219contracting, the registration or certification number of the
1220contractor or certificate of authority number of the business
1221organization must be conspicuously and legibly displayed with
1222the name, text, or artwork. Local governments may also require
1223that locally licensed contractors must also display their
1224certificate of competency or license numbers. Nothing in this
1225paragraph shall be construed to create a mandatory vehicle
1226signage requirement.
1227     (d)  For the purposes of this part, the term
1228"advertisement" does not include business stationery or any
1229promotional novelties such as balloons, pencils, trinkets, or
1230articles of clothing.
1231     (e)  The board shall issue a notice of noncompliance for
1232the first offense, and may assess a fine or issue a citation for
1233failure to correct the offense within 30 days or for any
1234subsequent offense, to any contractor or business organization
1235that fails to include the certification or, registration, or
1236certificate of authority number as required by this part when
1237submitting an advertisement for publication, broadcast, or
1238printing or fails to display the certification or, registration,
1239or certificate of authority number as required by this part.
1240     (f)  In addition to any other penalty prescribed by law, a
1241local government may impose a civil fine pursuant to s.
1242489.127(5) against a person who is not certified or registered
1243under this part if the person:
1244     1.  Claims to be licensed in any offer of services,
1245business proposal, bid, contract, or advertisement, but who does
1246not possess a valid competency-based license issued by a local
1247government in this state to perform the specified construction
1248services; or
1249     2.  Claims to be insured in any offer of services, business
1250proposal, bid, contract, or advertisement, but whose performance
1251of the subject work is not covered by a general liability or
1252workers' compensation insurance policy.
1253     (6)(7)  Each qualifying agent shall pay the department an
1254amount equal to the original fee for registration or
1255certification to qualify a certificate of authority of a new
1256business organization. If the qualifying agent for a business
1257organization desires to qualify additional business
1258organizations, the board shall require the qualifying agent him
1259or her to present evidence of his or her ability to supervise
1260the construction activities and financial responsibility of each
1261such organization. Approval of each business organization The
1262issuance of such certificate of authority is discretionary with
1263the board.
1264     (7)(8)(a)  A business organization proposing to engage in
1265contracting is not required to apply for or obtain authorization
1266under this part to engage in contracting if:
1267     1.  The business organization employs one or more
1268registered or certified contractors licensed in accordance with
1269this part who are responsible for obtaining permits and
1270supervising all of the business organization's contracting
1271activities;
1272     2.  The business organization engages only in contracting
1273on property owned by the business organization or by its parent,
1274subsidiary, or affiliated entities; and
1275     3.  The business organization, or its parent entity if the
1276business organization is a wholly owned subsidiary, maintains a
1277minimum net worth of $20 million.
1278     (b)  Any business organization engaging in contracting
1279under this subsection shall provide the board with the name and
1280license number of each registered or certified contractor
1281employed by the business organization to supervise its
1282contracting activities. The business organization is not
1283required to post a bond or otherwise evidence any financial or
1284credit information except as necessary to demonstrate compliance
1285with paragraph (a).
1286     (c)  A registered or certified contractor employed by a
1287business organization to supervise its contracting activities
1288under this subsection shall not be required to post a bond or
1289otherwise evidence any personal financial or credit information
1290so long as the individual performs contracting activities
1291exclusively on behalf of a business organization meeting all of
1292the requirements of paragraph (a).
1293     Section 32.  Subsection (1) of section 489.127, Florida
1294Statutes, is amended to read:
1295     489.127  Prohibitions; penalties.--
1296     (1)  No person shall:
1297     (a)  Falsely hold himself or herself or a business
1298organization out as a licensee, certificateholder, or
1299registrant;
1300     (b)  Falsely impersonate a certificateholder or registrant;
1301     (c)  Present as his or her own the certificate or,
1302registration, or certificate of authority of another;
1303     (d)  Knowingly give false or forged evidence to the board
1304or a member thereof;
1305     (e)  Use or attempt to use a certificate or, registration
1306that, or certificate of authority which has been suspended or
1307revoked;
1308     (f)  Engage in the business or act in the capacity of a
1309contractor or advertise himself or herself or a business
1310organization as available to engage in the business or act in
1311the capacity of a contractor without being duly registered or
1312certified or having a certificate of authority;
1313     (g)  Operate a business organization engaged in contracting
1314after 60 days following the termination of its only qualifying
1315agent without designating another primary qualifying agent,
1316except as provided in ss. 489.119 and 489.1195;
1317     (h)  Commence or perform work for which a building permit
1318is required pursuant to part IV of chapter 553 without such
1319building permit being in effect; or
1320     (i)  Willfully or deliberately disregard or violate any
1321municipal or county ordinance relating to uncertified or
1322unregistered contractors.
1323
1324For purposes of this subsection, a person or business
1325organization operating on an inactive or suspended certificate
1326or, registration, or certificate of authority is not duly
1327certified or registered and is considered unlicensed. A business
1328tax receipt issued under the authority of chapter 205 is not a
1329license for purposes of this part.
1330     Section 33.  Effective upon this act becoming a law,
1331paragraph (a) of subsection (1) of section 489.128, Florida
1332Statutes, is amended to read:
1333     489.128  Contracts entered into by unlicensed contractors
1334unenforceable.--
1335     (1)  As a matter of public policy, contracts entered into
1336on or after October 1, 1990, by an unlicensed contractor shall
1337be unenforceable in law or in equity by the unlicensed
1338contractor.
1339     (a)  For purposes of this section, an individual is
1340unlicensed if the individual does not have a license required by
1341this part concerning the scope of the work to be performed under
1342the contract. A business organization is unlicensed if the
1343business organization does not have a primary or secondary
1344qualifying agent in accordance with this part concerning the
1345scope of the work to be performed under the contract. For
1346purposes of this section, if a no state or local license is not
1347required for the scope of work to be performed under the
1348contract, the individual performing that work is shall not be
1349considered unlicensed.
1350     Section 34.  Paragraph (b) of subsection (1) of section
1351489.128, Florida Statutes, is amended to read:
1352     489.128  Contracts entered into by unlicensed contractors
1353unenforceable.--
1354     (1)  As a matter of public policy, contracts entered into
1355on or after October 1, 1990, by an unlicensed contractor shall
1356be unenforceable in law or in equity by the unlicensed
1357contractor.
1358     (b)  For purposes of this section, an individual or
1359business organization may not be considered unlicensed for
1360failing to have a business tax receipt issued under the
1361authority of chapter 205. A business organization may not be
1362considered unlicensed for failing to have a certificate of
1363authority as required by ss. 489.119 and 489.127. For purposes
1364of this section, a business organization entering into the
1365contract may not be considered unlicensed if, before the date
1366established by paragraph (c), an individual possessing a license
1367required by this part concerning the scope of the work to be
1368performed under the contract has submitted an application for a
1369certificate of authority designating that individual as a
1370qualifying agent for the business organization entering into the
1371contract, and the application was not acted upon by the
1372department or applicable board within the time limitations
1373imposed by s. 120.60.
1374     Section 35.  Subsections (1), (5), and (7) of section
1375489.129, Florida Statutes, are amended to read:
1376     489.129  Disciplinary proceedings.--
1377     (1)  The board may take any of the following actions
1378against any certificateholder or registrant: place on probation
1379or reprimand the licensee, revoke, suspend, or deny the issuance
1380or renewal of the certificate or, registration, or certificate
1381of authority, require financial restitution to a consumer for
1382financial harm directly related to a violation of a provision of
1383this part, impose an administrative fine not to exceed $10,000
1384per violation, require continuing education, or assess costs
1385associated with investigation and prosecution, if the
1386contractor, financially responsible officer, or business
1387organization for which the contractor is a primary qualifying
1388agent, a financially responsible officer, or a secondary
1389qualifying agent responsible under s. 489.1195 is found guilty
1390of any of the following acts:
1391     (a)  Obtaining a certificate or, registration, or
1392certificate of authority by fraud or misrepresentation.
1393     (b)  Being convicted or found guilty of, or entering a plea
1394of nolo contendere to, regardless of adjudication, a crime in
1395any jurisdiction which directly relates to the practice of
1396contracting or the ability to practice contracting.
1397     (c)  Violating any provision of chapter 455.
1398     (d)  Performing any act which assists a person or entity in
1399engaging in the prohibited uncertified and unregistered practice
1400of contracting, if the certificateholder or registrant knows or
1401has reasonable grounds to know that the person or entity was
1402uncertified and unregistered.
1403     (e)  Knowingly combining or conspiring with an uncertified
1404or unregistered person by allowing his or her certificate or,
1405registration, or certificate of authority to be used by the
1406uncertified or unregistered person with intent to evade the
1407provisions of this part. When a certificateholder or registrant
1408allows his or her certificate or registration to be used by one
1409or more business organizations without having any active
1410participation in the operations, management, or control of such
1411business organizations, such act constitutes prima facie
1412evidence of an intent to evade the provisions of this part.
1413     (f)  Acting in the capacity of a contractor under any
1414certificate or registration issued hereunder except in the name
1415of the certificateholder or registrant as set forth on the
1416issued certificate or registration, or in accordance with the
1417personnel of the certificateholder or registrant as set forth in
1418the application for the certificate or registration, or as later
1419changed as provided in this part.
1420     (g)  Committing mismanagement or misconduct in the practice
1421of contracting that causes financial harm to a customer.
1422Financial mismanagement or misconduct occurs when:
1423     1.  Valid liens have been recorded against the property of
1424a contractor's customer for supplies or services ordered by the
1425contractor for the customer's job; the contractor has received
1426funds from the customer to pay for the supplies or services; and
1427the contractor has not had the liens removed from the property,
1428by payment or by bond, within 75 days after the date of such
1429liens;
1430     2.  The contractor has abandoned a customer's job and the
1431percentage of completion is less than the percentage of the
1432total contract price paid to the contractor as of the time of
1433abandonment, unless the contractor is entitled to retain such
1434funds under the terms of the contract or refunds the excess
1435funds within 30 days after the date the job is abandoned; or
1436     3.  The contractor's job has been completed, and it is
1437shown that the customer has had to pay more for the contracted
1438job than the original contract price, as adjusted for subsequent
1439change orders, unless such increase in cost was the result of
1440circumstances beyond the control of the contractor, was the
1441result of circumstances caused by the customer, or was otherwise
1442permitted by the terms of the contract between the contractor
1443and the customer.
1444     (h)  Being disciplined by any municipality or county for an
1445act or violation of this part.
1446     (i)  Failing in any material respect to comply with the
1447provisions of this part or violating a rule or lawful order of
1448the board.
1449     (j)  Abandoning a construction project in which the
1450contractor is engaged or under contract as a contractor. A
1451project may be presumed abandoned after 90 days if the
1452contractor terminates the project without just cause or without
1453proper notification to the owner, including the reason for
1454termination, or fails to perform work without just cause for 90
1455consecutive days.
1456     (k)  Signing a statement with respect to a project or
1457contract falsely indicating that the work is bonded; falsely
1458indicating that payment has been made for all subcontracted
1459work, labor, and materials which results in a financial loss to
1460the owner, purchaser, or contractor; or falsely indicating that
1461workers' compensation and public liability insurance are
1462provided.
1463     (l)  Committing fraud or deceit in the practice of
1464contracting.
1465     (m)  Committing incompetency or misconduct in the practice
1466of contracting.
1467     (n)  Committing gross negligence, repeated negligence, or
1468negligence resulting in a significant danger to life or
1469property.
1470     (o)  Proceeding on any job without obtaining applicable
1471local building department permits and inspections.
1472     (p)  Intimidating, threatening, coercing, or otherwise
1473discouraging the service of a notice to owner under part I of
1474chapter 713 or a notice to contractor under chapter 255 or part
1475I of chapter 713.
1476     (q)  Failing to satisfy within a reasonable time, the terms
1477of a civil judgment obtained against the licensee, or the
1478business organization qualified by the licensee, relating to the
1479practice of the licensee's profession.
1480
1481For the purposes of this subsection, construction is considered
1482to be commenced when the contract is executed and the contractor
1483has accepted funds from the customer or lender. A contractor
1484does not commit a violation of this subsection when the
1485contractor relies on a building code interpretation rendered by
1486a building official or person authorized by s. 553.80 to enforce
1487the building code, absent a finding of fraud or deceit in the
1488practice of contracting, or gross negligence, repeated
1489negligence, or negligence resulting in a significant danger to
1490life or property on the part of the building official, in a
1491proceeding under chapter 120.
1492     (5)  The board may not reinstate the certification or,
1493registration, or certificate of authority of, or cause a
1494certificate or, registration, or certificate of authority to be
1495issued to, a person who or business organization which the board
1496has determined is unqualified or whose certificate or,
1497registration, or certificate of authority the board has
1498suspended until it is satisfied that such person or business
1499organization has complied with all the terms and conditions set
1500forth in the final order and is capable of competently engaging
1501in the business of contracting.
1502     (7)  The board shall not issue or renew a certificate or,
1503registration, or certificate of authority to any person or
1504business organization that has been assessed a fine, interest,
1505or costs associated with investigation and prosecution, or has
1506been ordered to pay restitution, until such fine, interest, or
1507costs associated with investigation and prosecution or
1508restitution are paid in full or until all terms and conditions
1509of the final order have been satisfied.
1510     Section 36.  Subsection (5) of section 489.132, Florida
1511Statutes, is amended to read:
1512     489.132  Prohibited acts by unlicensed principals;
1513investigation; hearing; penalties.--
1514     (5)  The department may suspend, revoke, or deny issuance
1515or renewal of a certificate or, registration, or certificate of
1516authority for any individual or business organization that
1517associates a person as an officer, director, or partner, or in a
1518managerial or supervisory capacity, after such person has been
1519found under a final order to have violated this section or was
1520an officer, director, partner, trustee, or manager of a business
1521organization disciplined by the board by revocation, suspension,
1522or fine in excess of $2,500, upon finding reasonable cause that
1523such person knew or reasonably should have known of the conduct
1524leading to the discipline.
1525     Section 37.  Subsection (1) of section 489.1455, Florida
1526Statutes, is amended to read:
1527     489.1455  Journeyman; reciprocity; standards.--
1528     (1)  An individual who holds a valid, active journeyman
1529license in the plumbing/pipe fitting, mechanical, or HVAC trades
1530issued by any county or municipality in this state may work as a
1531journeyman in the trade in which he or she is licensed in any
1532county or municipality of this state without taking an
1533additional examination or paying an additional license fee, if
1534he or she:
1535     (a)  Has scored at least 70 percent, or after October 1,
15361997, at least 75 percent, on a proctored journeyman Block and
1537Associates examination or other proctored examination approved
1538by the board for the trade in which he or she is licensed;
1539     (b)  Has completed an apprenticeship program registered
1540with the Department of Labor and Employment Security and
1541demonstrates 4 years' verifiable practical experience in the
1542trade for which he or she is licensed, or demonstrates 6 years'
1543verifiable practical experience in the trade for which he or she
1544is licensed;
1545     (c)  Has satisfactorily completed specialized and advanced
1546module coursework approved by the Florida Building Commission,
1547as part of the Building Code Training Program established in s.
1548553.841, specific to the discipline, and successfully completed
1549the program's core curriculum courses or passed an equivalency
1550test in lieu of taking the core curriculum courses and provided
1551proof of completion of such curriculum courses or examination
1552and obtained a certificate from the board pursuant to this part
1553or, pursuant to authorization by the certifying authority,
1554provides proof of completion of such curriculum or coursework
1555within 6 months after such certification; and
1556     (d)  Has not had a license suspended or revoked within the
1557last 5 years.
1558     Section 38.  Subsection (19) of section 489.505, Florida
1559Statutes, is amended to read:
1560     489.505  Definitions.--As used in this part:
1561     (19)  "Specialty contractor" means a contractor whose scope
1562of practice is limited to a specific segment of electrical or
1563alarm system contracting established in a category adopted by
1564board rule, including, but not limited to, residential
1565electrical contracting, maintenance of electrical fixtures, and
1566fabrication, erection, installation, and maintenance of
1567electrical advertising signs together with the interrelated
1568parts and supports thereof. Categories of specialty contractor
1569shall be established by board rule.
1570     Section 39.  Subsections (5), (6), and (7) of section
1571489.513, Florida Statutes, are amended to read:
1572     489.513  Registration; application; requirements.--
1573     (5)  Registration permits the registrant to engage in
1574contracting only in the area and for the type of work covered by
1575the registration, unless local licenses are issued for other
1576areas and types of work or unless certification is obtained.
1577When a registrant desires to register in an additional area of
1578the state, he or she shall first comply with any local
1579requirements of that area and then file a request with the
1580department, together with evidence of holding a current
1581occupational license or license issued by the county or
1582municipality for the area or areas in which he or she desires to
1583be registered, whereupon his or her evidence of registration
1584shall be endorsed by the department to reflect valid
1585registration for the new area or areas.
1586     (6)  The local jurisdictions are shall be responsible for
1587providing the following information to the board within 30 days
1588after licensure of, or any disciplinary action against, a
1589locally licensed contractor who is registered under this part:
1590     (a)  Licensure information.,
1591     (b)  Code violation information pursuant to s. 553.781.,
1592and
1593     (c)  Disciplinary information. on locally licensed
1594individuals to the board within 30 days after licensure or any
1595disciplinary action, and
1596
1597The board shall maintain such licensure and disciplinary
1598information as it is provided to the board them, and shall make
1599the such information available through the automated information
1600system provided pursuant to s. 455.2286.
1601     (7)  In order to establish uniformity among the job scopes
1602established by local jurisdictions, the board shall, by rule,
1603establish the job scope for any licensure category registered by
1604the board under this part. The board shall not arbitrarily limit
1605such scopes and shall restrict the job scopes only to the
1606minimum extent necessary to ensure uniformity.
1607     Section 40.  Subsection (3) of section 489.516, Florida
1608Statutes, is amended to read:
1609     489.516  Qualifications to practice; restrictions;
1610prerequisites.--
1611     (3)  When a certificateholder desires to engage in
1612contracting in any area of the state, as a prerequisite
1613therefor, he or she shall only be required to exhibit to the
1614local building official, tax collector, or other authorized
1615person in charge of the issuance of licenses and building or
1616electrical permits in the area evidence of holding a current
1617certificate and a current business tax receipt issued by the
1618jurisdiction in which the certificateholder's principal place of
1619business is located, and having paid to pay the fee for the
1620occupational license and permit required of other persons.
1621However, a local construction regulation board may deny the
1622issuance of an electrical permit to a certified contractor, or
1623issue a permit with specific conditions, if the local
1624construction regulation board has found such contractor, through
1625the public hearing process, to be guilty of fraud or a willful
1626building code violation within the county or municipality that
1627the local construction regulation board represents, or if the
1628local construction regulation board has proof that such
1629contractor, through the public hearing process, has been found
1630guilty, in another county or municipality within the past 12
1631months, of fraud or a willful building code violation and finds,
1632after providing notice to the contractor, that such fraud or
1633violation would have been fraud or a violation if committed in
1634the county or municipality that the local construction board
1635represents. Notification of and information concerning such
1636permit denial shall be submitted to the Department of Business
1637and Professional Regulation within 15 days after the local
1638construction regulation board decides to deny the permit.
1639     Section 41.  Subsection (3) of section 489.517, Florida
1640Statutes, is amended to read:
1641     489.517  Renewal of certificate or registration; continuing
1642education.--
1643     (3)(a)  Each certificateholder or registrant shall provide
1644proof, in a form established by rule of the board, that the
1645certificateholder or registrant has completed at least 14
1646classroom hours of at least 50 minutes each of continuing
1647education courses during each biennium since the issuance or
1648renewal of the certificate or registration. The board shall by
1649rule establish criteria for the approval of continuing education
1650courses and providers and may by rule establish criteria for
1651accepting alternative nonclassroom continuing education on an
1652hour-for-hour basis.
1653     (b)  Each certificateholder or registrant shall provide to
1654the board proof of completion of the core curriculum courses or
1655passing the equivalency test of the Building Code Training
1656Program established under s. 553.841, specific to the licensing
1657category sought, within 2 years after commencement of the
1658program or of initial certification or registration, whichever
1659is later. Classroom hours spent taking core curriculum courses
1660shall count toward the number required for renewal of
1661certificate or registration. A certificateholder or registrant
1662who passes the equivalency test in lieu of taking the core
1663curriculum courses shall receive full credit for core curriculum
1664course hours.
1665     Section 42.  Subsection (6) of section 489.521, Florida
1666Statutes, is amended to read:
1667     489.521  Business organizations; qualifying agents.--
1668     (6)  When a business organization qualified to engage in
1669contracting makes application for a business tax receipt an
1670occupational license in any municipality or county of this
1671state, the application shall be made with the tax collector in
1672the name of the business organization, and the business tax
1673receipt license, when issued, shall be issued to the business
1674organization upon payment of the appropriate licensing fee and
1675exhibition to the tax collector of a valid certificate issued by
1676the department.
1677     Section 43.  Section 489.5315, Florida Statutes, is amended
1678to read:
1679     489.5315  Proprietary electrical or alarm
1680contractors.--Businesses that obtain an electrical or burglar
1681alarm system license to work only on their own equipment, and
1682that do not offer electrical or alarm contracting services to
1683the public, are not electrical or burglar alarm system
1684contracting businesses and do not have to obtain a business tax
1685receipt an occupational license in addition to any they are
1686otherwise required to have.
1687     Section 44.  Effective upon this act becoming a law,
1688paragraph (a) of subsection (1) of section 489.532, Florida
1689Statutes, is amended to read:
1690     489.532  Contracts entered into by unlicensed contractors
1691unenforceable.--
1692     (1)  As a matter of public policy, contracts entered into
1693on or after October 1, 1990, by an unlicensed contractor shall
1694be unenforceable in law or in equity by the unlicensed
1695contractor.
1696     (a)  For purposes of this section, an individual is
1697unlicensed if the individual does not have a license required by
1698this part concerning the scope of the work to be performed under
1699the contract. A business organization is unlicensed if the
1700business organization does not have a primary or secondary
1701qualifying agent in accordance with this part concerning the
1702scope of the work to be performed under the contract. For
1703purposes of this section, if a no state or local license is not
1704required for the scope of work to be performed under the
1705contract, the individual performing that work is shall not be
1706considered unlicensed.
1707     Section 45.  Paragraph (b) of subsection (3) of section
1708489.537, Florida Statutes, is amended to read:
1709     489.537  Application of this part.--
1710     (3)  Nothing in this act limits the power of a municipality
1711or county:
1712     (b)  To collect fees for business tax receipts occupational
1713licenses and inspections for engaging in contracting or
1714examination fees from persons who are registered with the local
1715boards pursuant to local examination requirements.
1716     Section 46.  Section 509.233, Florida Statutes, is amended
1717to read:
1718     509.233  Public food service establishment requirements;
1719local exemption for dogs in designated outdoor portions; pilot
1720program.--
1721     (1)  INTENT.--It is the intent of the Legislature by this
1722section to establish a 3-year pilot program for local
1723governments to allow patrons' dogs within certain designated
1724outdoor portions of public food service establishments.
1725     (1)(2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
1726509.032(7), the governing body of a local government may
1727participating in the pilot program is authorized to establish,
1728by ordinance, a local exemption procedure to certain provisions
1729of the Food and Drug Administration Food Code, as currently
1730adopted by the division, in order to allow patrons' dogs within
1731certain designated outdoor portions of public food service
1732establishments.
1733     (2)(3)  LOCAL DISCRETION; CODIFICATION.--
1734     (a)  The adoption of the local exemption procedure shall be
1735at the sole discretion of the governing body of a participating
1736local government. Nothing in this section shall be construed to
1737require or compel a local governing body to adopt an ordinance
1738pursuant to this section.
1739     (b)  Any ordinance adopted pursuant to this section shall
1740provide for codification within the land development code of a
1741participating local government.
1742     (3)(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
1743     (a)  Any local exemption procedure adopted pursuant to this
1744section shall only provide a variance to those portions of the
1745currently adopted Food and Drug Administration Food Code in
1746order to allow patrons' dogs within certain designated outdoor
1747portions of public food service establishments.
1748     (b)  In order to protect the health, safety, and general
1749welfare of the public, the local exemption procedure shall
1750require participating public food service establishments to
1751apply for and receive a permit from the governing body of the
1752local government before allowing patrons' dogs on their
1753premises. The local government shall require from the applicant
1754such information as the local government deems reasonably
1755necessary to enforce the provisions of this section, but shall
1756require, at a minimum, the following information:
1757     1.  The name, location, and mailing address of the public
1758food service establishment.
1759     2.  The name, mailing address, and telephone contact
1760information of the permit applicant.
1761     3.  A diagram and description of the outdoor area to be
1762designated as available to patrons' dogs, including dimensions
1763of the designated area; a depiction of the number and placement
1764of tables, chairs, and restaurant equipment, if any; the
1765entryways and exits to the designated outdoor area; the
1766boundaries of the designated area and of other areas of outdoor
1767dining not available for patrons' dogs; any fences or other
1768barriers; surrounding property lines and public rights-of-way,
1769including sidewalks and common pathways; and such other
1770information reasonably required by the permitting authority. The
1771diagram or plan shall be accurate and to scale but need not be
1772prepared by a licensed design professional.
1773     4.  A description of the days of the week and hours of
1774operation that patrons' dogs will be permitted in the designated
1775outdoor area.
1776     (c)  In order to protect the health, safety, and general
1777welfare of the public, the local exemption ordinance shall
1778include such regulations and limitations as deemed necessary by
1779the participating local government and shall include, but not be
1780limited to, the following requirements:
1781     1.  All public food service establishment employees shall
1782wash their hands promptly after touching, petting, or otherwise
1783handling dogs. Employees shall be prohibited from touching,
1784petting, or otherwise handling dogs while serving food or
1785beverages or handling tableware or before entering other parts
1786of the public food service establishment.
1787     2.  Patrons in a designated outdoor area shall be advised
1788that they should wash their hands before eating. Waterless hand
1789sanitizer shall be provided at all tables in the designated
1790outdoor area.
1791     3.  Employees and patrons shall be instructed that they
1792shall not allow dogs to come into contact with serving dishes,
1793utensils, tableware, linens, paper products, or any other items
1794involved in food service operations.
1795     4.  Patrons shall keep their dogs on a leash at all times
1796and shall keep their dogs under reasonable control.
1797     5.  Dogs shall not be allowed on chairs, tables, or other
1798furnishings.
1799     6.  All table and chair surfaces shall be cleaned and
1800sanitized with an approved product between seating of patrons.
1801Spilled food and drink shall be removed from the floor or ground
1802between seating of patrons.
1803     7.  Accidents involving dog waste shall be cleaned
1804immediately and the area sanitized with an approved product. A
1805kit with the appropriate materials for this purpose shall be
1806kept near the designated outdoor area.
1807     8.  A sign or signs reminding employees of the applicable
1808rules shall be posted on premises in a manner and place as
1809determined by the local permitting authority.
1810     9.  A sign or signs reminding patrons of the applicable
1811rules shall be posted on premises in a manner and place as
1812determined by the local permitting authority.
1813     10.  A sign or signs shall be posted in a manner and place
1814as determined by the local permitting authority that places the
1815public on notice that the designated outdoor area is available
1816for the use of patrons and patrons' dogs.
1817     11.  Dogs shall not be permitted to travel through indoor
1818or nondesignated outdoor portions of the public food service
1819establishment, and ingress and egress to the designated outdoor
1820portions of the public food service establishment must not
1821require entrance into or passage through any indoor area of the
1822food establishment.
1823     (d)  A permit issued pursuant to this section shall not be
1824transferred to a subsequent owner upon the sale of a public food
1825service establishment but shall expire automatically upon the
1826sale of the establishment. The subsequent owner shall be
1827required to reapply for a permit pursuant to this section if the
1828subsequent owner wishes to continue to accommodate patrons'
1829dogs.
1830     (4)(5)  POWERS; ENFORCEMENT.--Participating local
1831governments shall have such powers as are reasonably necessary
1832to regulate and enforce the provisions of this section.
1833     (5)(6)  STATE AND LOCAL COOPERATION.--The division shall
1834provide reasonable assistance to participating local governments
1835in the development of enforcement procedures and regulations,
1836and participating local governments shall monitor permitholders
1837for compliance in cooperation with the division. At a minimum,
1838participating local governments shall establish a procedure to
1839accept, document, and respond to complaints and to timely report
1840to the division all such complaints and the participating local
1841governments' enforcement responses to such complaints. A
1842participating local government shall provide the division with a
1843copy of all approved applications and permits issued, and the
1844participating local government shall require that all
1845applications, permits, and other related materials contain the
1846appropriate division-issued license number for each public food
1847service establishment.
1848     (7)  FUTURE REVIEW AND REPEAL.--This section shall expire
1849July 1, 2009, unless reviewed and saved from repeal through
1850reenactment by the Legislature.
1851     Section 47.  Section 509.302, Florida Statutes, is amended
1852to read:
1853     509.302  Hospitality Education Program.--
1854     (1)(a)  The division shall administer an educational
1855program, designated the "Hospitality Education Program," offered
1856for the benefit of the hospitality restaurant and lodging
1857industries of this state. As used in this section, the term
1858"hospitality industry" means the restaurant industry or the
1859lodging industry.
1860     (b)  The This program may affiliate with Florida State
1861University, Florida International University, and the University
1862of Central Florida. The program may also affiliate with any
1863other member of the State University System or Florida Community
1864College System, or with any privately funded college or
1865university, which offers a program of hospitality administration
1866and management.
1867     (c)  The purpose primary goal of the this program is to
1868provide, support, and enhance instruct and train all individuals
1869and businesses licensed under this chapter, in cooperation with
1870recognized associations that represent the licensees, in the
1871application of state and federal laws and rules. Such programs
1872shall also include:
1873     (a)  Management training.
1874     (b)  Inservice continuing education programs.
1875     (c)  Awareness of food-recovery programs, as promoted in s.
1876570.0725.
1877     (d)  Enhancement of school-to-career training and
1878transition programs for students interested in pursuing careers
1879in a hospitality the food service or lodging industry.
1880     (d)  The training and transition programs shall be funded
1881provided through the public school system using a nationally
1882recognized curriculum approved by the division, with the
1883enhancements funded under this section provided by grants to one
1884or more from nonprofit statewide organizations that represent a
1885in the hospitality industry of this state. The training and
1886transition programs shall be delivered through the public school
1887system using a nationally recognized curriculum approved by the
1888division. The division shall administer the services field, and
1889the application process for the grants shall be administered by
1890the division.
1891     (e)  Such other programs as may be deemed appropriate by
1892the director and the advisory council.
1893     (2)(a)  All public lodging establishments and all public
1894food service establishments licensed under this chapter shall
1895pay an annual fee of no more than $10, which shall be included
1896in the annual license fee and used for the sole purpose of
1897funding the Hospitality Education Program.
1898     (b)  The division shall use at least 68 percent of the
1899funds collected under paragraph (a) for programs directed to
1900careers in the restaurant industry and at least 14 percent of
1901the funds for programs directed to careers in the lodging
1902industry. If the division does not receive a sufficient number
1903of grant applications, which are submitted timely and comply
1904with the division's requirements, to use all of the funds
1905reserved for programs directed to careers in one of the
1906industries, the division may use the remaining funds for
1907programs directed to careers in the other industry.
1908     (c)  The division may use up to 10 percent of the funds
1909collected under paragraph (a) for administration of the program.
1910     (3)  Notwithstanding any other provision of law to the
1911contrary, grant funding under this section for the services
1912described in paragraph (1)(d) shall include all expenses related
1913incident to providing the programs those services, including the
1914cost of staff support; student scholarships; compensation to
1915program instructors for time spent in relevant training; special
1916events or competitive events; and a reasonable stipend for
1917travel, lodging, and meals for instructors and students
1918participating in training or in related special events. All of
1919an applicant's such expenses must shall be consistent in
1920accordance with the budget submitted by the applicant in the
1921grant application and approved by the division. The expenditure
1922of all funds distributed under this section is shall be subject
1923to audit by the division.
1924     (4)  The director shall develop formulate an annual budget,
1925programs, and activities to accomplish the purposes of this
1926section, in accordance with and subject to the advice and
1927recommendations of the advisory council.
1928     (a)  The annual budget of the Hospitality Education Program
1929must show that the total fees estimated to be collected during
1930the next fiscal year under this section will be dedicated solely
1931to the estimated cost of funding the Hospitality Education
1932Program, less any trust fund service charge imposed by s.
1933215.20. If the estimated cost of funding the Hospitality
1934Education Program in any fiscal year is less than the total fees
1935estimated to be collected during that year, the director shall
1936submit a report to the advisory council demonstrating why the
1937amount of the such fee should not be immediately reduced to
1938eliminate the projected surplus. The director shall also submit
1939this report to the Secretary of Business and Professional
1940Regulation as part of the division's annual budget request.
1941     (b)  Both the secretary's legislative budget requests
1942submitted under pursuant to ss. 216.023 and 216.031 and the
1943Governor's recommended budget submitted under pursuant to s.
1944216.163 must also show that the total fees estimated to be
1945collected during the next fiscal year under this section will be
1946dedicated solely to funding the Hospitality Education Program,
1947less any trust fund service charge imposed by s. 215.20. If the
1948estimated cost of funding the Hospitality Education Program in
1949any fiscal year is less than the total fees estimated to be
1950collected during that year, the secretary shall submit a report
1951demonstrating why the amount of the such fee should not be
1952immediately reduced to eliminate the projected surplus.
1953     (5)  The director, with the consent of the advisory
1954council, may designate funds, not to exceed $250,000 annually,
1955to support school-to-career transition programs available
1956through statewide organizations in the hospitality services
1957field. Such programs shall be designed to prepare students for
1958progressive careers in the hospitality industry. The director,
1959with the consent of the advisory council, may also designate
1960funds, not to exceed $50,000 annually, to support food safety
1961training programs available through statewide organizations in
1962the hospitality services field, and not to exceed $50,000
1963annually, to support nontransient public lodging training
1964programs available through statewide organizations in the public
1965lodging services field.
1966     (5)(6)  The director shall supervise have supervision over
1967the administration of the programs set forth in this section
1968subsection and shall report the status of the programs at all
1969meetings of the advisory council and at such other times as are
1970prescribed by the advisory council.
1971     (6)(7)  The division shall adopt rules providing the
1972criteria for grant approval and the procedures for processing
1973grant applications. The criteria and procedures must shall be
1974approved by the advisory council. The criteria shall give
1975primary consideration to the experience and history of the
1976applicant in representing a hospitality the food service or
1977lodging industry in the state, the applicant's prior commitment
1978to school-to-career transition programs in a hospitality the
1979food service or lodging industry, and the applicant's
1980demonstrated ability to provide services statewide with industry
1981support and participation. Grants awarded under this section
1982shall be for a term of 4 years, with funding provided on an
1983annual basis.
1984     (8)  Revenue from administrative fines may be used to
1985support this section. This subsection expires July 1, 2008.
1986     Section 48.  Subsections (8) through (22) of section
1987548.002, Florida Statutes, are renumbered as subsections (9)
1988through (23), respectively, and a new subsection (8) is added to
1989that section, to read:
1990     548.002  Definitions.--As used in this chapter, the term:
1991     (8)  "Event" means one or more matches comprising a show.
1992     Section 49.  Paragraph (k) of subsection (2) of section
1993548.003, Florida Statutes, is amended to read:
1994     548.003  Florida State Boxing Commission.--
1995     (2)  The Florida State Boxing Commission, as created by
1996subsection (1), shall administer the provisions of this chapter.
1997The commission has authority to adopt rules pursuant to ss.
1998120.536(1) and 120.54 to implement the provisions of this
1999chapter and to implement each of the duties and responsibilities
2000conferred upon the commission, including, but not limited to:
2001     (k)  Establishment of criteria for approval, disapproval,
2002suspension of approval, and revocation of approval of amateur
2003sanctioning organizations for amateur boxing, and kickboxing,
2004and mixed martial arts matches held in this state, including,
2005but not limited to, the health and safety standards the
2006organizations use before, during, and after the matches to
2007ensure the health, safety, and well-being of the amateurs
2008participating in the matches, including the qualifications and
2009numbers of health care personnel required to be present, the
2010qualifications required for referees, and other requirements
2011relating to the health, safety, and well-being of the amateurs
2012participating in the matches. The commission may adopt by rule,
2013or incorporate by reference into rule, the health and safety
2014standards of USA Boxing as the minimum health and safety
2015standards for an amateur boxing sanctioning organization, and
2016the health and safety standards of the International Sport
2017Kickboxing Association as the minimum health and safety
2018standards for an amateur kickboxing sanctioning organization,
2019and the minimum health and safety standards for an amateur mixed
2020martial arts sanctioning organization. The commission shall
2021review its rules for necessary revision at least every 2 years
2022and may adopt by rule, or incorporate by reference into rule,
2023the then-existing current health and safety standards of USA
2024Boxing and the International Sport Kickboxing Association. The
2025commission may adopt emergency rules to administer this
2026paragraph.
2027     Section 50.  For the purpose of incorporating the amendment
2028made by this act to subsection (1) of section 455.227, Florida
2029Statutes, in a reference thereto, paragraph (a) of subsection
2030(2) of section 468.436, Florida Statutes, is reenacted to read:
2031     468.436  Disciplinary proceedings.--
2032     (2)  The following acts constitute grounds for which the
2033disciplinary actions in subsection (4) may be taken:
2034     (a)  Violation of any provision of s. 455.227(1).
2035     Section 51.  For the purpose of incorporating the amendment
2036made by this act to subsection (1) of section 455.227, Florida
2037Statutes, in a reference thereto, paragraph (a) of subsection
2038(1) of section 468.832, Florida Statutes, is reenacted to read:
2039     468.832  Disciplinary proceedings.--
2040     (1)  The following acts constitute grounds for which the
2041disciplinary actions in subsection (2) may be taken:
2042     (a)  Violation of any provision of this part or s.
2043455.227(1);
2044     Section 52.  For the purpose of incorporating the amendment
2045made by this act to subsection (1) of section 455.227, Florida
2046Statutes, in a reference thereto, paragraph (a) of subsection
2047(1) of section 468.842, Florida Statutes, is reenacted to read:
2048     468.842  Disciplinary proceedings.--
2049     (1)  The following acts constitute grounds for which the
2050disciplinary actions in subsection (2) may be taken:
2051     (a)  Violation of any provision of this part or s.
2052455.227(1);
2053     Section 53.  For the purpose of incorporating the amendment
2054made by this act to subsection (1) of section 455.227, Florida
2055Statutes, in a reference thereto, paragraph (a) of subsection
2056(1) of section 471.033, Florida Statutes, is reenacted to read:
2057     471.033  Disciplinary proceedings.--
2058     (1)  The following acts constitute grounds for which the
2059disciplinary actions in subsection (3) may be taken:
2060     (a)  Violating any provision of s. 455.227(1), s. 471.025,
2061or s. 471.031, or any other provision of this chapter or rule of
2062the board or department.
2063     Section 54.  For the purpose of incorporating the amendment
2064made by this act to section (1) of section 455.227, Florida
2065Statutes, in a reference thereto, paragraph (a) of subsection
2066(1) of section 472.033, Florida Statutes, is reenacted to read:
2067     472.033  Disciplinary proceedings.--
2068     (1)  The following acts constitute grounds for which the
2069disciplinary actions in subsection (2) may be taken:
2070     (a)  Violation of any provision of s. 472.031 or s.
2071455.227(1);
2072     Section 55.  For the purpose of incorporating the amendment
2073made by this act to subsection (1) of section 455.227, Florida
2074Statutes, in a reference thereto, paragraph (a) of subsection
2075(1) of section 473.323, Florida Statutes, is reenacted to read:
2076     473.323  Disciplinary proceedings.--
2077     (1)  The following acts constitute grounds for which the
2078disciplinary actions in subsection (3) may be taken:
2079     (a)  Violation of any provision of s. 455.227(1) or any
2080other provision of this chapter.
2081     Section 56.  For the purpose of incorporating the amendment
2082made by this act to subsection (1) of section 455.227, Florida
2083Statutes, in a reference thereto, paragraph (a) of subsection
2084(1) of section 475.25, Florida Statutes, is reenacted to read:
2085     475.25  Discipline.--
2086     (1)  The commission may deny an application for licensure,
2087registration, or permit, or renewal thereof; may place a
2088licensee, registrant, or permittee on probation; may suspend a
2089license, registration, or permit for a period not exceeding 10
2090years; may revoke a license, registration, or permit; may impose
2091an administrative fine not to exceed $5,000 for each count or
2092separate offense; and may issue a reprimand, and any or all of
2093the foregoing, if it finds that the licensee, registrant,
2094permittee, or applicant:
2095     (a)  Has violated any provision of s. 455.227(1) or s.
2096475.42. However, licensees under this part are exempt from the
2097provisions of s. 455.227(1)(i).
2098     Section 57.  For the purpose of incorporating the amendment
2099made by this act to subsection (1) of section 455.227, Florida
2100Statutes, in a reference thereto, subsection (1) of section
2101475.624, Florida Statutes, is reenacted to read:
2102     475.624  Discipline.--The board may deny an application for
2103registration or certification; may investigate the actions of
2104any appraiser registered, licensed, or certified under this
2105part; may reprimand or impose an administrative fine not to
2106exceed $5,000 for each count or separate offense against any
2107such appraiser; and may revoke or suspend, for a period not to
2108exceed 10 years, the registration, license, or certification of
2109any such appraiser, or place any such appraiser on probation, if
2110it finds that the registered trainee, licensee, or
2111certificateholder:
2112     (1)  Has violated any provisions of this part or s.
2113455.227(1); however, certificateholders, registrants, and
2114licensees under this part are exempt from the provisions of s.
2115455.227(1)(i).
2116     Section 58.  For the purpose of incorporating the amendment
2117made by this act to subsection (1) of section 455.227, Florida
2118Statutes, in a reference thereto, paragraph (h) of subsection
2119(1) of section 476.204, Florida Statutes, is reenacted to read:
2120     476.204  Penalties.--
2121     (1)  It is unlawful for any person to:
2122     (h)  Violate any provision of s. 455.227(1), s. 476.194, or
2123s. 476.214.
2124     Section 59.  For the purpose of incorporating the amendment
2125made by this act to subsection (1) of section 455.227, Florida
2126Statutes, in a reference thereto, paragraph (h) of subsection
2127(1) of section 477.029, Florida Statutes, is reenacted to read:
2128     477.029  Penalty.--
2129     (1)  It is unlawful for any person to:
2130     (h)  Violate any provision of s. 455.227(1), s. 477.0265,
2131or s. 477.028.
2132     Section 60.  For the purpose of incorporating the amendment
2133made by this act to subsection (1) of section 455.227, Florida
2134Statutes, in a reference thereto, paragraph (a) of subsection
2135(1) of section 481.225, Florida Statutes, is reenacted to read:
2136     481.225  Disciplinary proceedings against registered
2137architects.--
2138     (1)  The following acts constitute grounds for which the
2139disciplinary actions in subsection (3) may be taken:
2140     (a)  Violating any provision of s. 455.227(1), s. 481.221,
2141or s. 481.223, or any rule of the board or department lawfully
2142adopted pursuant to this part or chapter 455.
2143     Section 61.  For the purpose of incorporating the amendment
2144made by this act to subsection (1) of section 455.227, Florida
2145Statutes, in a reference thereto, paragraph (a) of subsection
2146(1) of section 481.325, Florida Statutes, is reenacted to read:
2147     481.325  Disciplinary proceedings.--
2148     (1)  The following acts constitute grounds for which the
2149disciplinary actions in subsection (3) may be taken:
2150     (a)  Violation of any provision of s. 455.227(1), s.
2151481.321, or s. 481.323.
2152     Section 62.  Paragraph (k) is added to subsection (2) of
2153section 20.165, Florida Statutes, to read:
2154     20.165  Department of Business and Professional
2155Regulation.--There is created a Department of Business and
2156Professional Regulation.
2157     (2)  The following divisions of the Department of Business
2158and Professional Regulation are established:
2159     (k)  Division of Service Operations.
2160     Section 63.  Paragraph (a) of subsection (1) of section
2161455.217, Florida Statutes, is amended to read:
2162     455.217  Examinations.--This section shall be read in
2163conjunction with the appropriate practice act associated with
2164each regulated profession under this chapter.
2165     (1)  The Division of Service Operations Technology of the
2166Department of Business and Professional Regulation shall
2167provide, contract, or approve services for the development,
2168preparation, administration, scoring, score reporting, and
2169evaluation of all examinations. The division shall seek the
2170advice of the appropriate board in providing such services.
2171     (a)  The department, acting in conjunction with the
2172Division of Service Operations Technology and the Division of
2173Real Estate, as appropriate, shall ensure that examinations
2174adequately and reliably measure an applicant's ability to
2175practice the profession regulated by the department. After an
2176examination developed or approved by the department has been
2177administered, the board or department may reject any question
2178which does not reliably measure the general areas of competency
2179specified in the rules of the board or department, when there is
2180no board. The department shall use qualified outside
2181professional testing vendors services for the development,
2182preparation, and evaluation of examinations, when such services
2183are economically and viably available and approved by the
2184department board.
2185     Section 64.  Paragraph (h) of subsection (2) of section
2186471.003, Florida Statutes, is amended to read:
2187     471.003  Qualifications for practice; exemptions.--
2188     (2)  The following persons are not required to be licensed
2189under the provisions of this chapter as a licensed engineer:
2190     (h)  Any electrical, plumbing, air-conditioning, or
2191mechanical contractor whose practice includes the design and
2192fabrication of electrical, plumbing, air-conditioning, or
2193mechanical systems, respectively, which she or he installs by
2194virtue of a license issued under chapter 489, under part I of
2195chapter 553, or under any special act or ordinance when working
2196on any construction project which:
2197     1.  Requires an electrical or plumbing or air-conditioning
2198and refrigeration system with a value of $125,000 $50,000 or
2199less; and
2200     2.a.  Requires an aggregate service capacity of 600 amperes
2201(240 volts) or less on a residential electrical system or 800
2202amperes (240 volts) or less on a commercial or industrial
2203electrical system;
2204     b.  Requires a plumbing system with fewer than 250 fixture
2205units; or
2206     c.  Requires a heating, ventilation, and air-conditioning
2207system not to exceed a 15-ton-per-system capacity, or if the
2208project is designed to accommodate 100 or fewer persons.
2209     Section 65.  The Office of Program Policy Analysis and
2210Government Accountability shall perform a study and make
2211recommendations to the Legislature by December 1, 2009,
2212regarding the enactment of laws to provide for protection and
2213remedies from existing and unregulated online poker activities,
2214which currently lack oversight and consumer protection under s.
2215849.086, Florida Statutes.
2216     Section 66.  Effective upon this act becoming a law, the
2217amendments made by this act to ss. 489.128(1)(a) and
2218489.532(1)(a), Florida Statutes, shall apply retroactively to
2219contracts entered into on or after October 1, 2000, and shall
2220apply retroactively to all actions pending when this act becomes
2221a law.
2222     Section 67.  Section 509.201, Florida Statutes, is
2223repealed.
2224     Section 68.  Except as otherwise expressly provided in this
2225act, this act shall take effect October 1, 2009.


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