December 06, 2019
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       Florida Senate - 2010                                    SB 1330
       
       
       
       By Senator Fasano
       
       
       
       
       11-00783C-10                                          20101330__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Business and
    3         Professional Regulation; amending s. 20.165, F.S.;
    4         providing for certain professions or programs to be
    5         established within the department; creating s.
    6         49.0215, F.S.; authorizing the department to serve an
    7         administrative complaint on a licensee of the
    8         department by posting the complaint on the
    9         department’s website under certain circumstances;
   10         amending s. 50.011, F.S.; clarifying the requirements
   11         for publishing certain legal advertisements,
   12         publications, and notices in a newspaper; creating an
   13         exception to the requirements to publish such writings
   14         in a newspaper; amending s. 120.60, F.S.; authorizing
   15         the department to publish certain administrative
   16         complaints on its website in lieu of publication of a
   17         notice in a newspaper; amending s. 455.017, F.S.;
   18         clarifying that ch. 455, F.S., applies to the Division
   19         of Professions; amending s. 455.02, F.S.; providing
   20         for the issuance of temporary licenses to the spouses
   21         of members of the Armed Forces under specified
   22         conditions; amending s. 455.213, F.S.; requiring a
   23         licensee of the department to surrender his or her
   24         license to the department if the license was issued in
   25         error or is revoked; amending s. 455.217, F.S.;
   26         designating the Division of Professions as the
   27         division responsible for examinations relating to
   28         regulated professions; limiting an applicant who has
   29         failed an examination to reviewing the last
   30         examination taken by the applicant; amending s.
   31         455.2175, F.S.; prohibiting an examinee whose
   32         materials have been confiscated from taking another
   33         examination during the pendency of any criminal
   34         investigation or prosecution relating to the matter;
   35         amending s. 455.227, F.S.; authorizing the department
   36         to take disciplinary action against a licensee who
   37         pleads guilty to a crime relating to the licensee’s
   38         profession; amending s. 455.228, F.S.; redesignating a
   39         cease and desist order as a cease and desist notice;
   40         amending s. 468.8311, F.S.; redefining the term “home
   41         inspection services” to mandate the inspection of
   42         certain items; amending s. 468.8312, F.S.; eliminating
   43         the fee charged for a certificate of authorization to
   44         conduct home inspections; amending s. 468.8313, F.S.;
   45         requiring a person desiring to be licensed as a home
   46         inspector to complete an examination before applying
   47         for a license; requiring an applicant for an initial
   48         license to submit electronic fingerprints to the
   49         department for a background check and pay the costs of
   50         the background check; amending s. 468.8318, F.S.;
   51         deleting requirements for a certificate of
   52         authorization for a corporation or partnership to
   53         offer home inspection services; delaying the effective
   54         date of provisions of s. 468.8319, F.S., which require
   55         a license to conduct home inspections; amending s.
   56         468.8319, F.S.; revising prohibited acts by home
   57         inspectors and certain companies employing home
   58         inspectors or controlled by such companies; amending
   59         s. 468.832, F.S.; authorizing the department to take
   60         disciplinary action against a person for failing to
   61         meet a standard of practice adopted by rule of the
   62         department; amending s. 468.8324, F.S.; revising the
   63         requirements for persons seeking licensure as a home
   64         inspector under a grandfather clause; creating s.
   65         468.8325, F.S.; requiring the department to adopt
   66         rules to administer part XV of ch. 468, F.S.; amending
   67         s. 468.8412, F.S.; deleting the fee for the renewal of
   68         a certificate of authorization to conduct mold
   69         assessment or mold remediation services; amending s.
   70         468.8413, F.S.; requiring a person desiring to be
   71         licensed as a mold assessor or mold remediator to
   72         complete an examination before applying for a license;
   73         revising the minimum amount of education required to
   74         qualify as a mold assessor or mold remediator;
   75         amending s. 468.8414, F.S.; requiring a person seeking
   76         licensure by endorsement as a mold assessor or mold
   77         remediator to possess liability insurance; amending s.
   78         468.8418, F.S.; deleting requirements for a
   79         certificate of authorization for a corporation or
   80         partnership to offer mold assessment or mold
   81         remediation services; delaying the effective date of
   82         provisions of s. 468.8419, F.S., which require a
   83         license to conduct mold assessment or mold remediation
   84         services; amending s. 468.842, F.S.; authorizing the
   85         department to take disciplinary action against a
   86         person for failing to meet a standard of practice
   87         adopted by rule of the department; amending s.
   88         468.8421, F.S.; specifying coverage requirements for
   89         insurance that must be possessed by a mold assessor;
   90         amending s. 468.8423, F.S.; revising the requirements
   91         for persons seeking licensure as a mold assessor or
   92         mold remediator under a grandfather clause; creating
   93         468.8424, F.S.; requiring the department to adopt
   94         rules to administer part XVI of ch. 468, F.S.;
   95         amending s. 474.203, F.S.; expanding an exemption from
   96         licensure as a veterinarian to include certain interns
   97         or residents who are graduates of a school or college
   98         recognized by a specified veterinary association;
   99         amending s. 475.175, F.S.; requiring a person seeking
  100         to take an examination for licensure as a real estate
  101         broker or sales associate to submit fingerprints in a
  102         digital format to the department; amending s. 475.613,
  103         F.S.; deleting a provision excluding persons connected
  104         with real estate brokerage or mortgage lending as
  105         representatives of the general public on the Florida
  106         Real Estate Appraisal Board; amending s. 477.019,
  107         F.S.; deleting a provision that allows a person to
  108         apply for the cosmetology licensure examination while
  109         in training; amending s. 509.211, F.S.; deleting a
  110         requirement that certain rooms containing a boiler in
  111         a public lodging establishment be equipped with a
  112         carbon monoxide sensor; creating s. 548.076, F.S.;
  113         authorizing the department to issue a cease and desist
  114         notice for certain conduct to persons who are not
  115         licensed by the Florida Boxing Commission; amending s.
  116         554.108, F.S.; requiring certain rooms in a public
  117         lodging establishment which contain a boiler to be
  118         equipped with a carbon monoxide sensor; requiring
  119         inspections of such boilers to include a determination
  120         of compliance with the requirement for the carbon
  121         monoxide sensor; amending s. 561.20, F.S.; authorizing
  122         the department to issue a special beverage license to
  123         a movie theater complex that meets certain
  124         requirements; requiring food service to be available
  125         when alcoholic beverages are served; requiring a
  126         licensee to pay an annual license tax and maintain
  127         certain records for a period of time; amending s.
  128         561.17, F.S.; deleting a requirement to submit an
  129         application in duplicate to the Division of Alcoholic
  130         Beverages and Tobacco before engaging in the business
  131         of manufacturing, bottling, distributing, selling, or
  132         dealing in alcoholic beverages; reenacting ss.
  133         468.436(2)(a), 468.832(1)(a), 468.842(1)(a),
  134         471.033(1)(a), 473.323(1)(a), 475.25(1)(a),
  135         475.624(1), 476.204(1)(h), 477.029(1)(h),
  136         481.225(1)(a), and 481.325(1)(a), F.S., relating to
  137         disciplinary proceedings for community association
  138         managers, home inspectors, mold assessors, mold
  139         remediators, engineers, certified public accountants,
  140         real estate brokers and sales associates, real estate
  141         appraisers, barbers, cosmetologists, architects, and
  142         landscape architects, respectively, to incorporate the
  143         amendment made to s. 455.227, F.S., in references
  144         thereto; reenacting s. 468.8314(2), F.S., relating to
  145         the licensure of home inspectors, to incorporate the
  146         amendment made to s. 468.832, F.S., in a reference
  147         thereto; providing an effective date.
  148  
  149  Be It Enacted by the Legislature of the State of Florida:
  150  
  151         Section 1. Subsection (4) of section 20.165, Florida
  152  Statutes, is amended to read:
  153         20.165 Department of Business and Professional Regulation.
  154  There is created a Department of Business and Professional
  155  Regulation.
  156         (4)(a) The following boards or professions are established
  157  within the Division of Professions:
  158         1. Board of Architecture and Interior Design, created under
  159  part I of chapter 481.
  160         2. Florida Board of Auctioneers, created under part VI of
  161  chapter 468.
  162         3. Barbers’ Board, created under chapter 476.
  163         4. Florida Building Code Administrators and Inspectors
  164  Board, created under part XII of chapter 468.
  165         5. Construction Industry Licensing Board, created under
  166  part I of chapter 489.
  167         6. Board of Cosmetology, created under chapter 477.
  168         7. Electrical Contractors’ Licensing Board, created under
  169  part II of chapter 489.
  170         8. Board of Employee Leasing Companies, created under part
  171  XI of chapter 468.
  172         9. Board of Landscape Architecture, created under part II
  173  of chapter 481.
  174         10. Board of Pilot Commissioners, created under chapter
  175  310.
  176         11. Board of Professional Engineers, created under chapter
  177  471.
  178         12. Board of Professional Geologists, created under chapter
  179  492.
  180         13. Board of Veterinary Medicine, created under chapter
  181  474.
  182         14. Home inspector licensing program, created under part XV
  183  of chapter 468.
  184         15 Mold-related services licensing program, created under
  185  part XVI of chapter 468.
  186         (b) The following board and commission are established
  187  within the Division of Real Estate:
  188         1. Florida Real Estate Appraisal Board, created under part
  189  II of chapter 475.
  190         2. Florida Real Estate Commission, created under part I of
  191  chapter 475.
  192         (c) The following board is established within the Division
  193  of Certified Public Accounting:
  194         1. Board of Accountancy, created under chapter 473.
  195         Section 2. Section 49.0215, Florida Statutes, is created to
  196  read:
  197         49.0215Constructive service of process by posting an
  198  administrative complaint on agency website.—
  199         (1) The Department of Business and Professional Regulation
  200  may serve an administrative complaint on a licensee of the
  201  agency by posting the complaint on the agency’s website in lieu
  202  of notification in a local newspaper if:
  203         (a) The licensee has a duty to provide a current address to
  204  the agency and to notify the agency of any address changes;
  205         (b)1. The agency has attempted personal service of process
  206  on the licensee at least once at the most recent address
  207  provided by the licensee; or
  208         2. The agency attempted to serve the administrative
  209  complaint by certified mail, but the complaint was returned
  210  undeliverable; and
  211         (c) A copy of the process is sent to the licensee by first
  212  class mail at the most recent address provided by the licensee
  213  to the agency.
  214         (2) An administrative complaint posted pursuant to this
  215  section must remain available on the agency’s website at least
  216  until the conclusion of the matter to which the administrative
  217  complaint relates.
  218         Section 3. Section 50.011, Florida Statutes, is amended to
  219  read:
  220         50.011 Where and in what language legal notices must to be
  221  published.—
  222         (1) An official or legal advertisement, publication, or
  223  notice required or authorized by law, in lieu of personal
  224  service of process or for the purpose of Whenever by statute an
  225  official or legal advertisement or a publication, or notice in a
  226  newspaper has been or is directed or permitted in the nature of
  227  or in lieu of process, or for constructive service, or in
  228  initiating, assuming, reviewing, exercising, or enforcing
  229  jurisdiction or power, or for any other purpose must be
  230  published, including all legal notices and advertisements of
  231  sheriffs and tax collectors, the contemporaneous and continuous
  232  intent and meaning of such legislation all and singular,
  233  existing or repealed, is and has been and is hereby declared to
  234  be and to have been, and the rule of interpretation is and has
  235  been, a publication in a newspaper that:
  236         (a)Is printed and published periodically at least once a
  237  week; or oftener, containing
  238         (b) Contains at least 25 percent of its words in the
  239  English language;,
  240         (c)Is entered or qualified to be admitted and entered as
  241  periodicals matter at a post office in the county where
  242  published;,
  243         (d)Is for sale to the public generally; and,
  244         (e)Is available to the public generally for the
  245  publication of official or other notices, and customarily
  246  contains containing information of a public character or of
  247  interest or of value to the residents or owners of property in
  248  the county where published, or of interest or of value to the
  249  general public.
  250         (2) This section does not apply to an administrative
  251  complaint that is published on the website of the Department of
  252  Business and Professional Regulation pursuant to s. 49.0215.
  253         Section 4. Subsection (5) of section 120.60, Florida
  254  Statutes, is amended to read:
  255         120.60 Licensing.—
  256         (5)(a) No revocation, suspension, annulment, or withdrawal
  257  of any license is lawful unless, prior to the entry of a final
  258  order, the agency has served, by personal service or certified
  259  mail, an administrative complaint that which affords reasonable
  260  notice to the licensee of facts or conduct that which warrant
  261  the intended action and unless the licensee has been given an
  262  adequate opportunity to request a proceeding pursuant to ss.
  263  120.569 and 120.57.
  264         (b) If When personal service cannot be made and the
  265  certified mail notice is returned undelivered, the agency shall
  266  cause a short, plain notice to the licensee to be published once
  267  each week for 4 consecutive weeks in a newspaper published in
  268  the county of the licensee’s last known address as it appears on
  269  the records of the agency. If a no newspaper is not published in
  270  that county, the notice may be published in a newspaper of
  271  general circulation in that county. If the address is in some
  272  state other than this state or in a foreign territory or
  273  country, the notice may be published in Leon County. However,
  274  the Department of Business and Professional Regulation may post
  275  an administrative complaint on the agency’s website pursuant to
  276  s. 49.0215 in lieu of publication of notice in a newspaper.
  277         Section 5. Section 455.017, Florida Statutes, is amended to
  278  read:
  279         455.017 Applicability of this chapter.—The provisions of
  280  this chapter apply only to the regulation by the Division
  281  department of Professions.
  282         Section 6. Section 455.02, Florida Statutes, is amended to
  283  read:
  284         455.02 Licensure of members of Armed Forces in good
  285  standing with administrative boards and their spouses.—
  286         (1) Any member of the Armed Forces of the United States now
  287  or hereafter on active duty who, at the time of becoming such a
  288  member, was in good standing with any administrative board of
  289  the state and was entitled to practice or engage in his or her
  290  profession or vocation in the state shall be kept in good
  291  standing by such administrative board, without registering,
  292  paying dues or fees, or performing any other act on his or her
  293  part to be performed, as long as he or she is a member of the
  294  Armed Forces of the United States on active duty and for a
  295  period of 6 months after discharge from active duty as a member
  296  of the Armed Forces of the United States, provided he or she is
  297  not engaged in his or her licensed profession or vocation in the
  298  private sector for profit.
  299         (2) The boards listed in s. 20.165 shall adopt promulgate
  300  rules exempting the spouses of members of the Armed Forces of
  301  the United States from licensure renewal provisions, but only in
  302  cases of absence from the state because of their spouses’ duties
  303  with the Armed Forces.
  304         (3)(a)The department may issue a temporary professional
  305  license to the spouse of an active duty member of the Armed
  306  Forces of the United States if the spouse submits an application
  307  to the department providing:
  308         1.Proof that the servicemember has been assigned to a duty
  309  station in Florida pursuant official active duty military
  310  orders;
  311         2. Proof of marriage to the servicemember;
  312         3.Proof that the spouse holds a similar license in another
  313  state or country and that the license is in good standing; and
  314         4. A completed set of fingerprints in the form and manner
  315  required by the department.
  316         (b) The department shall submit the applicant’s
  317  fingerprints to the Department of Law Enforcement for state
  318  processing, and the Department of Law Enforcement shall forward
  319  them to the Federal Bureau of Investigation for a level 2
  320  background check pursuant to s. 435.04. The department shall and
  321  the board may review the background results to determine if the
  322  spouse of an active duty member of the Armed Forces of the
  323  United States meets licensure requirements. The cost for the
  324  fingerprint processing shall be borne by the applicant. These
  325  fees shall be collected by the authorized agencies or vendors.
  326  The authorized agencies or vendors shall pay the processing
  327  costs to the Department of Law Enforcement.
  328         (c) A temporary license expires 6 months after the date
  329  issued and is not renewable.
  330         (d) The department may charge a fee sufficient to cover the
  331  cost of issuing the temporary license.
  332         Section 7. Subsection (2) of section 455.213, Florida
  333  Statutes, is amended to read:
  334         455.213 General licensing provisions.—
  335         (2) Before the issuance of a any license, the department
  336  may charge an initial license fee as determined by rule of the
  337  applicable board or, if no such board exists, by rule of the
  338  department. Upon receipt of the appropriate license fee, except
  339  as provided in subsection (3), the department shall issue a
  340  license to any person certified by the appropriate board, or its
  341  designee, or the department when there is no board, as having
  342  met the applicable requirements imposed by law or rule. However,
  343  an applicant who is not otherwise qualified for licensure is not
  344  entitled to licensure solely based on a passing score on a
  345  required examination. A licensee shall surrender his or her
  346  license to the department if the applicable board, or the
  347  department when there is no board, revokes the license or
  348  determines that the license was issued in error.
  349         Section 8. Subsections (1) and (3) of section 455.217,
  350  Florida Statutes, are amended to read:
  351         455.217 Examinations.—This section shall be read in
  352  conjunction with the appropriate practice act associated with
  353  each regulated profession under this chapter.
  354         (1) The Division of Professions Service Operations of the
  355  Department of Business and Professional Regulation shall
  356  provide, contract, or approve services for the development,
  357  preparation, administration, scoring, score reporting, and
  358  evaluation of all examinations. The division shall seek the
  359  advice of the appropriate board in providing such services.
  360         (a) The department, acting in conjunction with the Division
  361  of Service Operations, the Division of Professions, and the
  362  Division of Real Estate, as appropriate, shall ensure that
  363  examinations adequately and reliably measure an applicant’s
  364  ability to practice the profession regulated by the department.
  365  After an examination developed or approved by the department has
  366  been administered, the board or department may reject any
  367  question that which does not reliably measure the general areas
  368  of competency specified in the rules of the board or department,
  369  when there is no board. The department shall use qualified
  370  outside testing vendors for the development, preparation, and
  371  evaluation of examinations if, when such services are
  372  economically and viably available and approved by the
  373  department.
  374         (b) For each examination developed by the department or
  375  contracted vendor, to the extent not otherwise specified by
  376  statute, the board or the department when there is no board,
  377  shall by rule specify the general areas of competency to be
  378  covered by the examination, the relative weight to be assigned
  379  in grading each area tested, the score necessary to achieve a
  380  passing grade, and the fees, if where applicable, to cover the
  381  actual cost for any purchase, development, and administration of
  382  the required examination. However, statutory fee caps in each
  383  practice act shall apply. This subsection does not apply to
  384  national examinations approved and administered pursuant to
  385  paragraph (d).
  386         (c) If a practical examination is deemed to be necessary,
  387  rules shall specify the criteria by which examiners are to be
  388  selected, the grading criteria to be used by the examiner, the
  389  relative weight to be assigned in grading each criterion, and
  390  the score necessary to achieve a passing grade. If When a
  391  mandatory standardization exercise for a practical examination
  392  is required by law, the board may conduct such exercise.
  393  Therefore, board members may serve as examiners at a practical
  394  examination with the consent of the board.
  395         (d) A board, or the department when there is no board, may
  396  approve by rule the use of any national examination which the
  397  department has certified as meeting requirements of national
  398  examinations and generally accepted testing standards pursuant
  399  to department rules. Providers of examinations, which may be
  400  either profit or nonprofit entities, seeking certification by
  401  the department shall pay the actual costs incurred by the
  402  department in making a determination regarding the
  403  certification. The department shall use any national examination
  404  which is available, certified by the department, and approved by
  405  the board. The name and number of a candidate may be provided to
  406  a national contractor for the limited purpose of preparing the
  407  grade tape and information to be returned to the board or
  408  department or, to the extent otherwise specified by rule, the
  409  candidate may apply directly to the vendor of the national
  410  examination. The department may delegate to the board the duty
  411  to provide and administer the examination. Any national
  412  examination approved by a board, or the department when there is
  413  no board, prior to October 1, 1997, is deemed certified under
  414  this paragraph. Any licensing or certification examination that
  415  is not developed or administered by the department in-house or
  416  provided as a national examination shall be competitively bid.
  417         (e) The department shall adopt rules regarding the security
  418  and monitoring of examinations. In order to maintain the
  419  security of examinations, the department may employ the
  420  procedures set forth in s. 455.228 to seek fines and injunctive
  421  relief against an examinee who violates the provisions of s.
  422  455.2175 or the rules adopted pursuant to this paragraph. The
  423  department, or any agent thereof, may, for the purposes of
  424  investigation, confiscate any written, photographic, or
  425  recording material or device in the possession of the examinee
  426  at the examination site which the department deems necessary to
  427  enforce such provisions or rules.
  428         (f) If the professional board with jurisdiction over an
  429  examination concurs, the department may, for a fee, share with
  430  any other state’s licensing authority an examination developed
  431  by or for the department unless prohibited by a contract entered
  432  into by the department for development or purchase of the
  433  examination. The department, with the concurrence of the
  434  appropriate board, shall establish guidelines that ensure
  435  security of a shared exam and shall require that any other
  436  state’s licensing authority comply with those guidelines. Those
  437  guidelines shall be approved by the appropriate professional
  438  board. All fees paid by the user shall be applied to the
  439  department’s examination and development program for professions
  440  regulated by this chapter. All fees paid by the user for
  441  professions not regulated by this chapter shall be applied to
  442  offset the fees for the development and administration of that
  443  profession’s examination. If both a written and a practical
  444  examination are given, an applicant shall be required to retake
  445  only the portion of the examination for which he or she failed
  446  to achieve a passing grade, if he or she successfully passes
  447  that portion within a reasonable time of his or her passing the
  448  other portion.
  449         (3) Except for national examinations approved and
  450  administered pursuant to paragraph (1)(d), the department shall
  451  provide procedures for applicants who have taken and failed an
  452  examination developed by the department or a contracted vendor
  453  to review the their examination questions, answers, papers,
  454  grades, and grading key for the questions the candidate answered
  455  incorrectly on his or her last examination or, if not feasible,
  456  the parts of the examination failed. Applicants shall bear the
  457  actual cost for the department to provide examination review
  458  pursuant to this subsection. An applicant may waive in writing
  459  the confidentiality of his or her examination grades.
  460         Section 9. Section 455.2175, Florida Statutes, is amended
  461  to read:
  462         455.2175 Penalty for theft or reproduction of an
  463  examination.—In addition to, or in lieu of, any other discipline
  464  imposed pursuant to s. 455.227, the theft of an examination in
  465  whole or in part or the act of reproducing or copying any
  466  examination administered by the department, whether such
  467  examination is reproduced or copied in part or in whole and by
  468  any means, constitutes a felony of the third degree, punishable
  469  as provided in s. 775.082, s. 775.083, or s. 775.084. An
  470  examinee whose examination materials have been confiscated upon
  471  suspicion of a violation of this section may not participate in
  472  another examination during the pendency of any criminal
  473  investigation or prosecution relating to the matter.
  474         Section 10. Paragraph (c) of subsection (1) of section
  475  455.227, Florida Statutes, is amended to read:
  476         455.227 Grounds for discipline; penalties; enforcement.—
  477         (1) The following acts shall constitute grounds for which
  478  the disciplinary actions specified in subsection (2) may be
  479  taken:
  480         (c) Being convicted or found guilty of, or entering a plea
  481  of nolo contendere or guilty to, regardless of adjudication, a
  482  crime in any jurisdiction which relates to the practice of, or
  483  the ability to practice, a licensee’s profession.
  484         Section 11. Subsection (1) of section 455.228, Florida
  485  Statutes, is amended to read:
  486         455.228 Unlicensed practice of a profession; cease and
  487  desist notice; civil penalty; enforcement; citations; allocation
  488  of moneys collected.—
  489         (1) When the department has probable cause to believe that
  490  a any person not licensed by the department, or the appropriate
  491  regulatory board within the department, has violated any
  492  provision of this chapter or any statute that relates to the
  493  practice of a profession regulated by the department, or any
  494  rule adopted pursuant thereto, the department may issue and
  495  deliver to such person a notice to cease and desist from such
  496  violation. In addition, the department may issue and deliver a
  497  notice to cease and desist to any person who aids and abets the
  498  unlicensed practice of a profession by employing such unlicensed
  499  person. The issuance of a notice to cease and desist does shall
  500  not constitute agency action for which a hearing under ss.
  501  120.569 and 120.57 may be sought. For the purpose of enforcing a
  502  cease and desist notice order, the department may file a
  503  proceeding in the name of the state seeking issuance of an
  504  injunction or a writ of mandamus against any person who violates
  505  any provisions of such notice order. In addition to the
  506  foregoing remedies, the department may impose an administrative
  507  penalty not to exceed $5,000 per incident pursuant to the
  508  provisions of chapter 120 or may issue a citation pursuant to
  509  the provisions of subsection (3). If the department is required
  510  to seek enforcement of the order for a penalty pursuant to s.
  511  120.569, it is shall be entitled to collect its attorney’s fees
  512  and costs, together with any cost of collection.
  513         Section 12. Subsection (4) of section 468.8311, Florida
  514  Statutes, is amended to read:
  515         468.8311 Definitions.—As used in this part, the term:
  516         (4) “Home inspection services” means a limited visual
  517  examination of one or more of the following readily accessible
  518  installed systems and components of a home: the structure,
  519  electrical system, HVAC system, roof covering, plumbing system,
  520  interior components, exterior components, and site conditions
  521  that affect the structure, for the purposes of providing a
  522  written professional opinion of the condition of the home.
  523         Section 13. Subsections (4), (5), (6), (7), and (8) of
  524  section 468.8312, Florida Statutes, are amended to read:
  525         468.8312 Fees.—
  526         (4)The fee for a certificate of authorization shall not
  527  exceed $125.
  528         (4)(5) The biennial renewal fee shall not exceed $200.
  529         (5)(6) The fee for licensure by endorsement shall not
  530  exceed $200.
  531         (6)(7) The fee for application for inactive status or for
  532  reactivation of an inactive license shall not exceed $200.
  533         (7)(8) The fee for applications from providers of
  534  continuing education may not exceed $500.
  535         Section 14. Section 468.8313, Florida Statutes, is amended
  536  to read:
  537         468.8313 Examinations.—
  538         (1) A person desiring to be licensed as a home inspector
  539  shall apply to the department after satisfying the examination
  540  requirements of this part to take a licensure examination.
  541         (2) An applicant shall be entitled to take the licensure
  542  examination for the purpose of determining whether he or she is
  543  qualified to practice in this state as a home inspector if the
  544  applicant has passed the required examination, is of good moral
  545  character, and has completed a course of study of at least no
  546  less than 120 hours which that covers all of the following
  547  components of a home: structure, electrical system, HVAC system,
  548  roof covering, plumbing system, interior components, exterior
  549  components, and site conditions that affect the structure.
  550         (3) The department shall review and approve courses of
  551  study in home inspection.
  552         (4) The department may review and approve examinations by a
  553  nationally recognized entity that offers programs or sets
  554  standards that ensure competence as a home inspector.
  555         (5)(a) “Good moral character” means a personal history of
  556  honesty, fairness, and respect for the rights of others and for
  557  the laws of this state and nation.
  558         (b) The department may refuse to certify an applicant for
  559  failure to satisfy this requirement only if:
  560         1. There is a substantial connection between the lack of
  561  good moral character of the applicant and the professional
  562  responsibilities of a licensed home inspector; and
  563         2. The finding by the department of lack of good moral
  564  character is supported by clear and convincing evidence.
  565         (c) When an applicant is found to be unqualified for a
  566  license because of lack of good moral character, the department
  567  shall furnish the applicant a statement containing the findings
  568  of the department, a complete record of the evidence upon which
  569  the determination was based, and a notice of the rights of the
  570  applicant to a rehearing and appeal.
  571         (6)An applicant for an initial license shall submit, along
  572  with the application, a complete set of electronic fingerprints
  573  in a form and manner required by the department. The
  574  fingerprints shall be submitted to the Department of Law
  575  Enforcement for state processing, and the Department of Law
  576  Enforcement shall forward them to the Federal Bureau of
  577  Investigation for a level 2 background check pursuant to s.
  578  435.04. The department shall review the background results to
  579  determine if an applicant meets the requirements for licensure.
  580  The cost of the fingerprint processing shall be borne by the
  581  applicant. These fees shall be collected by the authorized
  582  agencies or vendors. The authorized agencies or vendors shall
  583  pay the processing costs to the Department of Law Enforcement.
  584         (7)(6) The department may adopt rules pursuant to ss.
  585  120.536(1) and 120.54 to implement the provisions of this
  586  section.
  587         Section 15. Section 468.8318, Florida Statutes, is amended
  588  to read:
  589         468.8318 Certification of corporations and partnerships.—
  590         (1)The department shall issue a certificate of
  591  authorization to a corporation or partnership offering home
  592  inspection services to the public if the corporation or
  593  partnership satisfies all of the requirements of this part.
  594         (2) The practice of or the offer to practice home
  595  inspection services by licensees through a corporation or
  596  partnership offering home inspection services to the public, or
  597  by a corporation or partnership offering such services to the
  598  public through licensees under this part as agents, employees,
  599  officers, or partners, is permitted subject to the provisions of
  600  this part, provided that all personnel of the corporation or
  601  partnership who act in its behalf as home inspectors in this
  602  state are licensed as provided by this part; and further
  603  provided that the corporation or partnership has been issued a
  604  certificate of authorization by the department as provided in
  605  this section. Nothing in this section shall be construed to
  606  allow a corporation to hold a license to practice home
  607  inspection services. No corporation or partnership shall be
  608  relieved of responsibility for the conduct or acts of its
  609  agents, employees, or officers by reason of its compliance with
  610  this section, nor shall any individual practicing home
  611  inspection services be relieved of responsibility for
  612  professional services performed by reason of his or her
  613  employment or relationship with a corporation or partnership.
  614         (3)For the purposes of this section, a certificate of
  615  authorization shall be required for a corporation, partnership,
  616  association, or person practicing under a fictitious name and
  617  offering home inspection services to the public; however, when
  618  an individual is practicing home inspection services in his or
  619  her own given name, he or she shall not be required to register
  620  under this section.
  621         (4)Each certificate of authorization shall be renewed
  622  every 2 years. Each partnership and corporation certified under
  623  this section shall notify the department within 1 month of any
  624  change in the information contained in the application upon
  625  which the certification is based.
  626         (5)Disciplinary action against a corporation or
  627  partnership shall be administered in the same manner and on the
  628  same grounds as disciplinary action against a licensed home
  629  inspector.
  630         Section 16. Notwithstanding section 4 of chapter 2007-235,
  631  Laws of Florida, paragraphs (a) and (b) of subsection (1) of
  632  section 468.8319, Florida Statutes, shall take effect July 1,
  633  2011.
  634         Section 17. Section 468.8319, Florida Statutes, is amended
  635  to read:
  636         468.8319 Prohibitions; penalties.—
  637         (1) A home inspector, a company that employs a home
  638  inspector, or a company that is controlled by a company that
  639  also has a financial interest in a company employing a home
  640  inspector may not:
  641         (a) Practice or offer to practice home inspection services
  642  unless the person has complied with the provisions of this part;
  643         (b) Use the name or title “certified home inspector,”
  644  “registered home inspector,” “licensed home inspector,” “home
  645  inspector,” “professional home inspector,” or any combination
  646  thereof unless the person has complied with the provisions of
  647  this part;
  648         (c) Present as his or her own the license of another;
  649         (d) Knowingly give false or forged evidence to the
  650  department or an employee thereof;
  651         (e) Use or attempt to use a license that has been suspended
  652  or revoked;
  653         (f) Perform or offer to perform, prior to closing, for any
  654  additional fee, any repairs to a home on which the inspector or
  655  the inspector’s company has prepared a home inspection report.
  656  This paragraph does not apply to a home warranty company that is
  657  affiliated with or retains a home inspector to perform repairs
  658  pursuant to a claim made under a home warranty contract;
  659         (g) Inspect for a fee any property in which the inspector
  660  or the inspector’s company has any financial or transfer
  661  interest;
  662         (h) Offer or deliver any compensation, inducement, or
  663  reward to any broker or agent therefor for the referral of the
  664  owner of the inspected property to the inspector or the
  665  inspection company; or
  666         (i) Accept an engagement to make an omission or prepare a
  667  report in which the inspection itself, or the fee payable for
  668  the inspection, is contingent upon either the conclusions in the
  669  report, preestablished findings, or the close of escrow.
  670         (2) Any person who is found to be in violation of any
  671  provision of this section commits a misdemeanor of the first
  672  degree, punishable as provided in s. 775.082 or s. 775.083.
  673         Section 18. Subsection (1) of section 468.832, Florida
  674  Statutes, is amended to read:
  675         468.832 Disciplinary proceedings.—
  676         (1) The following acts constitute grounds for which the
  677  disciplinary actions in subsection (2) may be taken:
  678         (a) Violation of any provision of this part or s.
  679  455.227(1).;
  680         (b) Attempting to procure a license to practice home
  681  inspection services by bribery or fraudulent misrepresentation.;
  682         (c) Having a license to practice home inspection services
  683  revoked, suspended, or otherwise acted against, including the
  684  denial of licensure, by the licensing authority of another
  685  state, territory, or country.;
  686         (d) Being convicted or found guilty of, or entering a plea
  687  of nolo contendere to, regardless of adjudication, a crime in
  688  any jurisdiction that directly relates to the practice of home
  689  inspection services or the ability to practice home inspection
  690  services.;
  691         (e) Making or filing a report or record that the licensee
  692  knows to be false, willfully failing to file a report or record
  693  required by state or federal law, willfully impeding or
  694  obstructing such filing, or inducing another person to impede or
  695  obstruct such filing. Such reports or records shall include only
  696  those that are signed in the capacity of a licensed home
  697  inspector.;
  698         (f) Advertising goods or services in a manner that is
  699  fraudulent, false, deceptive, or misleading in form or content.;
  700         (g) Engaging in fraud or deceit, or negligence,
  701  incompetency, or misconduct, in the practice of home inspection
  702  services.;
  703         (h) Failing to perform any statutory or legal obligation
  704  placed upon a licensed home inspector; violating any provision
  705  of this chapter, a rule of the department, or a lawful order of
  706  the department previously entered in a disciplinary hearing; or
  707  failing to comply with a lawfully issued subpoena of the
  708  department.; or
  709         (i) Practicing on a revoked, suspended, inactive, or
  710  delinquent license.
  711         (j)Failing to meet any standard of practice adopted by
  712  rule of the department.
  713         Section 19. Section 468.8324, Florida Statutes, is amended
  714  to read:
  715         468.8324 Grandfather clause.—A person who performs home
  716  inspection services as defined in this part may qualify to be
  717  licensed by the department as a home inspector if the person
  718  submits an application to the department postmarked no later
  719  than March 1, 2011, showing that the applicant:
  720         (1)(a)Has been certified as a home inspector by a state or
  721  national association that required successful completion of a
  722  proctored examination on home inspection, as defined in this
  723  part for certification, and has completed at least 14 hours of
  724  verifiable education on home inspection; or
  725         (b)Has at least 3 years experience as a home inspector at
  726  the time of application and has completed 14 hours of verifiable
  727  education on home inspection. Applicants must provide 120 home
  728  inspection reports based on home inspections, as defined by this
  729  part, to establish the 3 years of experience required by this
  730  subsection. The department may conduct investigations regarding
  731  the validity of home inspection reports submitted pursuant to
  732  this section and take disciplinary action pursuant to s. 468.832
  733  for the filing of false reports; and
  734         (2)(a)Has not, within 5 years following the date of
  735  application, had a home inspector license, or a license in a
  736  related field, revoked, suspended, or assessed a fine in excess
  737  of $500. For purposes of this part, a license in a related field
  738  includes, but is not limited to, licensure in real estate,
  739  construction, mold remediation, mold assessment, or building
  740  code administration or inspection;
  741         (b)Submits to and is not disqualified by the results of
  742  the criminal background check under s. 468.8313;
  743         (c) Is of good moral character as defined in s. 468.8313;
  744  and
  745         (d) Has the general liability insurance required by s.
  746  468.8322 meets the licensure requirements of this part by July
  747  1, 2010.
  748         Section 20. Section 468.8325, Florida Statutes, is created
  749  to read:
  750         468.8325Rulemaking authority.—The department shall adopt
  751  rules to administer this part.
  752         Section 21. Subsections (6), (7), (8), (9), and (10) of
  753  section 468.8412, Florida Statutes, are amended to read:
  754         468.8412 Fees.—
  755         (6)The fee for a biennial certificate of authorization
  756  renewal shall not exceed $400.
  757         (6)(7) The fee for licensure by endorsement shall not
  758  exceed $200.
  759         (7)(8) The fee for application for inactive status shall
  760  not exceed $100.
  761         (8)(9) The fee for reactivation of an inactive license
  762  shall not exceed $200.
  763         (9)(10) The fee for applications from providers of
  764  continuing education may not exceed $500.
  765         Section 22. Subsections (1) and (2) of section 468.8413,
  766  Florida Statutes, are amended to read:
  767         468.8413 Examinations.—
  768         (1) A person desiring to be licensed as a mold assessor or
  769  mold remediator shall apply to the department after satisfying
  770  the examination requirements of this part to take a licensure
  771  examination.
  772         (2) An applicant is qualified shall be entitled to take the
  773  licensure examination to practice in this state as a mold
  774  assessor or mold remediator if the applicant has passed the
  775  required examination, is of good moral character, and has
  776  satisfied one of the following requirements:
  777         (a)1. For a mold remediator, at least an associate of arts
  778  a 2-year degree or an equivalent degree and the completion of at
  779  least 30 semester hours in microbiology, engineering,
  780  architecture, industrial hygiene, occupational safety, or a
  781  related field of science from an accredited institution and a
  782  minimum of 1 year of documented field experience in a field
  783  related to mold remediation; or
  784         2. A high school diploma or the equivalent with a minimum
  785  of 4 years of documented field experience in a field related to
  786  mold remediation.
  787         (b)1. For a mold assessor, at least an associate of arts a
  788  2-year degree or an equivalent degree and the completion of at
  789  least 30 semester hours in microbiology, engineering,
  790  architecture, industrial hygiene, occupational safety, or a
  791  related field of science from an accredited institution and a
  792  minimum of 1 year of documented field experience in conducting
  793  microbial sampling or investigations; or
  794         2. A high school diploma or the equivalent with a minimum
  795  of 4 years of documented field experience in conducting
  796  microbial sampling or investigations.
  797         Section 23. Subsection (3) of section 468.8414, Florida
  798  Statutes, is amended to read:
  799         468.8414 Licensure.—
  800         (3) The department shall certify as qualified for a license
  801  by endorsement an applicant who:
  802         (a) Is of good moral character;
  803         (b) Possesses the liability insurance required by s.
  804  468.8421; and:
  805         (c)1.(a) Is qualified to take the examination as set forth
  806  in s. 468.8413 and has passed a certification examination
  807  offered by a nationally recognized organization that certifies
  808  persons in the specialty of mold assessment or mold remediation
  809  that has been approved by the department as substantially
  810  equivalent to the requirements of this part and s. 455.217; or
  811         2.(b) Holds a valid license to practice mold assessment or
  812  mold remediation issued by another state or territory of the
  813  United States if the criteria for issuance of the license were
  814  substantially the same as the licensure criteria that is
  815  established by this part as determined by the department.
  816         Section 24. Section 468.8418, Florida Statutes, is amended
  817  to read:
  818         468.8418 Certification of partnerships and corporations.—
  819         (1)The department shall issue a certificate of
  820  authorization to a corporation or partnership offering mold
  821  assessment or mold remediation services to the public if the
  822  corporation or partnership satisfies all of the requirements of
  823  this part.
  824         (2) The practice of or the offer to practice mold
  825  assessment or mold remediation by licensees through a
  826  corporation or partnership offering mold assessment or mold
  827  remediation to the public, or by a corporation or partnership
  828  offering such services to the public through licensees under
  829  this part as agents, employees, officers, or partners, is
  830  permitted subject to the provisions of this part, provided that
  831  the corporation or partnership has been issued a certificate of
  832  authorization by the department as provided in this section.
  833  Nothing in this section shall be construed to allow a
  834  corporation to hold a license to practice mold assessment or
  835  mold remediation. No corporation or partnership shall be
  836  relieved of responsibility for the conduct or acts of its
  837  agents, employees, or officers by reason of its compliance with
  838  this section, nor shall any individual practicing mold
  839  assessment or mold remediation be relieved of responsibility for
  840  professional services performed by reason of his or her
  841  employment or relationship with a corporation or partnership.
  842         (3)For the purposes of this section, a certificate of
  843  authorization shall be required for a corporation, partnership,
  844  association, or person practicing under a fictitious name,
  845  offering mold assessment or mold remediation; however, when an
  846  individual is practicing mold assessment or mold remediation
  847  under his or her own given name, he or she shall not be required
  848  to register under this section.
  849         (4)Each certificate of authorization shall be renewed
  850  every 2 years. Each partnership and corporation certified under
  851  this section shall notify the department within 1 month of any
  852  change in the information contained in the application upon
  853  which the certification is based.
  854         (5)Disciplinary action against a corporation or
  855  partnership shall be administered in the same manner and on the
  856  same grounds as disciplinary action against a licensed mold
  857  assessor or mold remediator.
  858         Section 25. Notwithstanding section 4 of chapter 2007-235,
  859  Laws of Florida, paragraphs (a) and (b) of subsection (1) of
  860  section 468.8419, Florida Statutes, shall take effect July 1,
  861  2011.
  862         Section 26. Subsection (1) of section 468.842, Florida
  863  Statutes, is amended to read:
  864         468.842 Disciplinary proceedings.—
  865         (1) The following acts constitute grounds for which the
  866  disciplinary actions in subsection (2) may be taken:
  867         (a) Violation of any provision of this part or s.
  868  455.227(1).;
  869         (b) Attempting to procure a license to practice mold
  870  assessment or mold remediation by bribery or fraudulent
  871  misrepresentations.;
  872         (c) Having a license to practice mold assessment or mold
  873  remediation revoked, suspended, or otherwise acted against,
  874  including the denial of licensure, by the licensing authority of
  875  another state, territory, or country.;
  876         (d) Being convicted or found guilty of, or entering a plea
  877  of nolo contendere to, regardless of adjudication, a crime in
  878  any jurisdiction that directly relates to the practice of mold
  879  assessment or mold remediation or the ability to practice mold
  880  assessment or mold remediation.;
  881         (e) Making or filing a report or record that the licensee
  882  knows to be false, willfully failing to file a report or record
  883  required by state or federal law, willfully impeding or
  884  obstructing such filing, or inducing another person to impede or
  885  obstruct such filing. Such reports or records shall include only
  886  those that are signed in the capacity of a registered mold
  887  assessor or mold remediator.;
  888         (f) Advertising goods or services in a manner that is
  889  fraudulent, false, deceptive, or misleading in form or content.;
  890         (g) Engaging in fraud or deceit, or negligence,
  891  incompetency, or misconduct, in the practice of mold assessment
  892  or mold remediation.;
  893         (h) Failing to perform any statutory or legal obligation
  894  placed upon a licensed mold assessor or mold remediator;
  895  violating any provision of this chapter, a rule of the
  896  department, or a lawful order of the department previously
  897  entered in a disciplinary hearing; or failing to comply with a
  898  lawfully issued subpoena of the department.; or
  899         (i) Practicing on a revoked, suspended, inactive, or
  900  delinquent license.
  901         (j) Failing to meet a standard of practice adopted by rule
  902  of the department.
  903         Section 27. Section 468.8421, Florida Statutes, is amended
  904  to read:
  905         468.8421 Insurance.—
  906         (1) A mold assessor shall maintain general liability and
  907  errors and omissions insurance coverage in an amount of not less
  908  than $1,000,000. The insurance must cover preliminary and
  909  postremediation activities.
  910         (2) A mold remediator shall maintain a general liability
  911  insurance policy in an amount of not less than $1,000,000 that
  912  includes specific coverage for mold-related claims.
  913         Section 28. Section 468.8423, Florida Statutes, is amended
  914  to read:
  915         468.8423 Grandfather clause.—A person who performs mold
  916  assessment or mold remediation as defined in this part may
  917  qualify to be licensed by the department as a mold assessor or
  918  mold remediator if the person submits an application to the
  919  department postmarked no later than March 1, 2011, showing that
  920  the applicant:
  921         (1)Has been certified as a mold assessor or mold
  922  remediator by a state or national association that required
  923  successful completion of a proctored examination for
  924  certification and has completed at least 60 hours of education
  925  for an assessor and 30 hours of education for a remediator; or
  926         (2)Has at least 3 years experience as a mold assessor or
  927  mold remediator at the time of application. Applicants must
  928  provide 40 invoices for mold assessments or mold remediations,
  929  as defined by this part, to establish the 3 years of experience
  930  required by this subsection. The department may conduct
  931  investigations regarding the validity of invoices for mold
  932  assessments or mold remediations submitted pursuant to this
  933  section and take disciplinary action pursuant to s. 468.842 for
  934  submitting false information; and
  935         (3)(a)Has not, within 5 years following the date of
  936  application, had a mold assessor or mold remediator, or a
  937  license in a related field, revoked, suspended, or assessed a
  938  fine in excess of $500. For purposes of this part, a license in
  939  a related field includes, but is not limited to, licensure in
  940  real estate, construction, home inspection, building code
  941  administration or inspection, or indoor air quality; and
  942         (b) Is of good moral character as defined in s. 468.8413;
  943  and
  944         (c) Has the general liability insurance required by s.
  945  468.8421 meets the licensure requirements of this part by July
  946  1, 2010.
  947         Section 29. Section 468.8424, Florida Statutes, is created
  948  to read:
  949         468.8424Rulemaking authority.—The department shall adopt
  950  rules to administer this part.
  951         Section 30. Subsection (2) of section 474.203, Florida
  952  Statutes, is amended to read:
  953         474.203 Exemptions.—This chapter shall not apply to:
  954         (2) A person practicing as an intern or resident
  955  veterinarian who does not hold a valid license issued under this
  956  chapter and who is a graduate in training at a school or college
  957  of veterinary medicine located in this state and accredited by
  958  the American Veterinary Medical Association Council on Education
  959  or a school or college recognized by the American Veterinary
  960  Medical Association Commission for Foreign Veterinary Graduates.
  961  Such intern or resident must be a graduate of a school or
  962  college of veterinary medicine accredited by the American
  963  Veterinary Medical Association Council on Education or a school
  964  or college recognized by the American Veterinary Medical
  965  Association Commission for Foreign Veterinary Graduates. This
  966  exemption expires when such intern or resident completes or is
  967  terminated from such training. Each school or college at which
  968  such intern or resident is in training shall, on July 1 of each
  969  year, provide the board with a written list of all such interns
  970  or residents designated for this exemption, and the school or
  971  college shall also notify the board of any additions or
  972  deletions to the list. For the purposes of chapters 465 and 893,
  973  persons exempt pursuant to subsection (1), this subsection (2),
  974  or subsection (4) are deemed to be duly licensed practitioners
  975  authorized by the laws of this state to prescribe drugs or
  976  medicinal supplies.
  977         Section 31. Paragraph (a) of subsection (1) of section
  978  475.175, Florida Statutes, is amended to read:
  979         475.175 Examinations.—
  980         (1) A person shall be entitled to take the license
  981  examination to practice in this state if the person:
  982         (a) Submits to the department the appropriate
  983  electronically authenticated application and fee, and digital a
  984  fingerprint data card. The digital fingerprints fingerprint card
  985  shall be forwarded to the Division of Criminal Justice
  986  Information Systems within the Department of Law Enforcement for
  987  purposes of processing the fingerprint card to determine if the
  988  applicant has a criminal history record. The fingerprints
  989  fingerprint card shall also be forwarded to the Federal Bureau
  990  of Investigation for purposes of processing the fingerprint card
  991  to determine whether if the applicant has a criminal history
  992  record. The information obtained by the processing of the
  993  fingerprints fingerprint card by the Florida Department of Law
  994  Enforcement and the Federal Bureau of Investigation shall be
  995  sent to the department for the purpose of determining if the
  996  applicant is statutorily qualified for examination. Effective
  997  July 1, 2006, an applicant shall provide fingerprints in
  998  electronic format.
  999         Section 32. Subsection (1) of section 475.613, Florida
 1000  Statutes, is amended to read:
 1001         475.613 Florida Real Estate Appraisal Board.—
 1002         (1) There is created the Florida Real Estate Appraisal
 1003  Board, which shall consist of seven members appointed by the
 1004  Governor, subject to confirmation by the Senate. Four members of
 1005  the board must be real estate appraisers who have been engaged
 1006  in the general practice of appraising real property in this
 1007  state for at least 5 years immediately preceding appointment. In
 1008  appointing real estate appraisers to the board, while not
 1009  excluding other appraisers, the Governor shall give preference
 1010  to real estate appraisers who are not primarily engaged in real
 1011  estate brokerage or mortgage lending activities. One member of
 1012  the board must represent organizations that use appraisals for
 1013  the purpose of eminent domain proceedings, financial
 1014  transactions, or mortgage insurance. Two members of the board
 1015  shall be representatives of the general public and shall not be
 1016  connected in any way with the practice of real estate appraisal,
 1017  real estate brokerage, or mortgage lending. The appraiser
 1018  members shall be as representative of the entire industry as
 1019  possible, and membership in a nationally recognized or state
 1020  recognized appraisal organization shall not be a prerequisite to
 1021  membership on the board. To the extent possible, no more than
 1022  two members of the board shall be primarily affiliated with any
 1023  one particular national or state appraisal association. Two of
 1024  the members must be licensed or certified residential real
 1025  estate appraisers and two of the members must be certified
 1026  general real estate appraisers at the time of their appointment.
 1027         (a) Members of the board shall be appointed for 4-year
 1028  terms. Any vacancy occurring in the membership of the board
 1029  shall be filled by appointment by the Governor for the unexpired
 1030  term. Upon expiration of her or his term, a member of the board
 1031  shall continue to hold office until the appointment and
 1032  qualification of the member’s successor. A member may not be
 1033  appointed for more than two consecutive terms. The Governor may
 1034  remove any member for cause.
 1035         (b) The headquarters for the board shall be in Orlando.
 1036         (c) The board shall meet at least once each calendar
 1037  quarter to conduct its business.
 1038         (d) The members of the board shall elect a chairperson at
 1039  the first meeting each year.
 1040         (e) Each member of the board is entitled to per diem and
 1041  travel expenses as set by legislative appropriation for each day
 1042  that the member engages in the business of the board.
 1043         Section 33. Subsections (3) through (8) of section 477.019,
 1044  Florida Statutes, are amended to read:
 1045         477.019 Cosmetologists; qualifications; licensure;
 1046  supervised practice; license renewal; endorsement; continuing
 1047  education.—
 1048         (3)An application for the licensure examination for any
 1049  license under this section may be submitted for examination
 1050  approval in the last 100 hours of training by a pregraduate of a
 1051  licensed cosmetology school or a program within the public
 1052  school system, which school or program is certified by the
 1053  Department of Education with fees as required in paragraph
 1054  (2)(b). Upon approval, the applicant may schedule the
 1055  examination on a date when the training hours are completed. An
 1056  applicant shall have 6 months from the date of approval to take
 1057  the examination. After the 6 months have passed, if the
 1058  applicant failed to take the examination, the applicant must
 1059  reapply. The board shall establish by rule the procedures for
 1060  the pregraduate application process.
 1061         (3)(4) Upon an applicant receiving a passing grade, as
 1062  established by board rule, on the examination and paying the
 1063  initial licensing fee, the department shall issue a license to
 1064  practice cosmetology.
 1065         (4)(5) If an applicant passes all parts of the examination
 1066  for licensure as a cosmetologist, he or she may practice in the
 1067  time between passing the examination and receiving a physical
 1068  copy of his or her license if he or she practices under the
 1069  supervision of a licensed cosmetologist in a licensed salon. An
 1070  applicant who fails any part of the examination may not practice
 1071  as a cosmetologist and may immediately apply for reexamination.
 1072         (5)(6) Renewal of license registration shall be
 1073  accomplished pursuant to rules adopted by the board.
 1074         (6)(7) The board shall adopt rules specifying procedures
 1075  for the licensure by endorsement of practitioners desiring to be
 1076  licensed in this state who hold a current active license in
 1077  another state and who have met qualifications substantially
 1078  similar to, equivalent to, or greater than the qualifications
 1079  required of applicants from this state.
 1080         (7)(8)(a) The board shall prescribe by rule continuing
 1081  education requirements intended to ensure protection of the
 1082  public through updated training of licensees and registered
 1083  specialists, not to exceed 16 hours biennially, as a condition
 1084  for renewal of a license or registration as a specialist under
 1085  this chapter. Continuing education courses shall include, but
 1086  not be limited to, the following subjects as they relate to the
 1087  practice of cosmetology: human immunodeficiency virus and
 1088  acquired immune deficiency syndrome; Occupational Safety and
 1089  Health Administration regulations; workers’ compensation issues;
 1090  state and federal laws and rules as they pertain to
 1091  cosmetologists, cosmetology, salons, specialists, specialty
 1092  salons, and booth renters; chemical makeup as it pertains to
 1093  hair, skin, and nails; and environmental issues. Courses given
 1094  at cosmetology conferences may be counted toward the number of
 1095  continuing education hours required if approved by the board.
 1096         (b) Any person whose occupation or practice is confined
 1097  solely to hair braiding, hair wrapping, or body wrapping is
 1098  exempt from the continuing education requirements of this
 1099  subsection.
 1100         (c) The board may, by rule, require any licensee in
 1101  violation of a continuing education requirement to take a
 1102  refresher course or refresher course and examination in addition
 1103  to any other penalty. The number of hours for the refresher
 1104  course may not exceed 48 hours.
 1105         Section 34. Section 509.211, Florida Statutes, is amended
 1106  to read:
 1107         509.211 Safety regulations.—
 1108         (1) Each bedroom or apartment in each public lodging
 1109  establishment shall be equipped with an approved locking device
 1110  on each door opening to the outside, to an adjoining room or
 1111  apartment, or to a hallway.
 1112         (2)(a) It is unlawful for any person to use within any
 1113  public lodging establishment or public food service
 1114  establishment any fuel-burning wick-type equipment for space
 1115  heating unless such equipment is vented so as to prevent the
 1116  accumulation of toxic or injurious gases or liquids.
 1117         (b) Any person who violates the provisions of paragraph (a)
 1118  commits a misdemeanor of the second degree, punishable as
 1119  provided in s. 775.082 or s. 775.083.
 1120         (3) Each public lodging establishment that is three or more
 1121  stories in height must have safe and secure railings on all
 1122  balconies, platforms, and stairways, and all such railings must
 1123  be properly maintained and repaired. The division may impose
 1124  administrative sanctions for violations of this subsection
 1125  pursuant to s. 509.261.
 1126         (4)Every enclosed space or room that contains a boiler
 1127  regulated under chapter 554 which is fired by the direct
 1128  application of energy from the combustion of fuels and that is
 1129  located in any portion of a public lodging establishment that
 1130  also contains sleeping rooms shall be equipped with one or more
 1131  carbon monoxide sensor devices that bear the label of a
 1132  nationally recognized testing laboratory and have been tested
 1133  and listed as complying with the most recent Underwriters
 1134  Laboratories, Inc., Standard 2034, or its equivalent, unless it
 1135  is determined that carbon monoxide hazards have otherwise been
 1136  adequately mitigated as determined by the division. Such devices
 1137  shall be integrated with the public lodging establishment’s fire
 1138  detection system. Any such installation or determination shall
 1139  be made in accordance with rules adopted by the division.
 1140         Section 35. Section 548.076, Florida Statutes, is created
 1141  to read:
 1142         548.076Cease and desist notices.—When the department has
 1143  probable cause to believe that any person not licensed by the
 1144  commission has violated any provision of this chapter, or any
 1145  rule adopted pursuant thereto, the department may issue and
 1146  deliver to such person a notice to cease and desist from such
 1147  violation pursuant to s. 455.228.
 1148         Section 36. Present subsections (4) and (5) of section
 1149  554.108, Florida Statutes, are renumbered as subsections (5) and
 1150  (6), respectively, and a new subsection (4) is added to that
 1151  section, to read:
 1152         554.108 Inspection.—
 1153         (4) A boiler that is fired by the direct application of
 1154  energy from the combustion of fuels and that is located within a
 1155  portion of a public lodging establishment containing sleeping
 1156  rooms shall be equipped with one or more carbon monoxide sensor
 1157  devices that bear the label of a nationally recognized testing
 1158  laboratory and have been tested and listed as complying with the
 1159  most recent Underwriters Laboratories, Inc., Standard 2034, or
 1160  its equivalent, unless the department determines that carbon
 1161  monoxide hazards have otherwise been adequately mitigated. Such
 1162  devices shall be integrated with the public lodging
 1163  establishment’s fire detection system. Any such installation or
 1164  determination shall be made in accordance with rules adopted by
 1165  the department. An inspector who inspects a boiler pursuant to
 1166  this section shall also determine whether the location
 1167  containing the boiler contains the carbon monoxide detectors
 1168  required by this subsection.
 1169         Section 37. Subsection (1) of section 561.17, Florida
 1170  Statutes, is amended to read:
 1171         561.17 License and registration applications; approved
 1172  person.—
 1173         (1) Any person, before engaging in the business of
 1174  manufacturing, bottling, distributing, selling, or in any way
 1175  dealing in alcoholic beverages, shall file, with the district
 1176  licensing personnel of the district of the division in which the
 1177  place of business for which a license is sought is located, a
 1178  sworn application in duplicate on forms provided to the district
 1179  licensing personnel by the division. The applicant must be a
 1180  legal or business entity, person, or persons and must include
 1181  all persons, officers, shareholders, and directors of such legal
 1182  or business entity that have a direct or indirect interest in
 1183  the business seeking to be licensed under this part. However,
 1184  the applicant does not include any person who that derives
 1185  revenue from the license solely through a contractual
 1186  relationship with the licensee, the substance of which
 1187  contractual relationship is not related to the control of the
 1188  sale of alcoholic beverages. Before Prior to any application
 1189  being approved, the division may require the applicant to file a
 1190  set of fingerprints on regular United States Department of
 1191  Justice forms for herself or himself and for any person or
 1192  persons interested directly or indirectly with the applicant in
 1193  the business for which the license is being sought, when so
 1194  required by the division. If the applicant or any person who is
 1195  interested with the applicant either directly or indirectly in
 1196  the business or who has a security interest in the license being
 1197  sought or has a right to a percentage payment from the proceeds
 1198  of the business, either by lease or otherwise, is not qualified,
 1199  the application shall be denied by the division. However, any
 1200  company regularly traded on a national securities exchange and
 1201  not over the counter; any insurer, as defined in the Florida
 1202  Insurance Code; or any bank or savings and loan association
 1203  chartered by this state, another state, or the United States
 1204  which has an interest, directly or indirectly, in an alcoholic
 1205  beverage license shall not be required to obtain division
 1206  approval of its officers, directors, or stockholders or any
 1207  change of such positions or interests. A shopping center having
 1208  with five or more stores, one or more of which has an alcoholic
 1209  beverage license and is required under a lease common to all
 1210  shopping center tenants to pay no more than 10 percent of the
 1211  gross proceeds of the business holding the license to the
 1212  shopping center, is shall not be considered as having an
 1213  interest, directly or indirectly, in the license.
 1214         Section 38. Section 561.20, Florida Statutes, is amended to
 1215  read:
 1216         561.20 Limitation upon number of licenses issued.—
 1217         (1) The number of licenses issued in a county No license
 1218  under s. 565.02(1)(a)-(f) may not exceed, inclusive, shall be
 1219  issued so that the number of such licenses within the limits of
 1220  the territory of any county exceeds one such license per to each
 1221  7,500 residents within such county. Regardless of the number of
 1222  quota licenses issued before prior to October 1, 2000, on and
 1223  after that date, a new license under s. 565.02(1)(a)-(f) issued
 1224  on or after that date, inclusive, shall be issued for each
 1225  population increase of 7,500 residents above the number of
 1226  residents who resided in the county according to the April 1,
 1227  1999, Florida Estimate of Population as published by the Bureau
 1228  of Economic and Business Research at the University of Florida,
 1229  and, thereafter, based on the last regular population estimate
 1230  prepared pursuant to s. 186.901, for such county. These Such
 1231  population estimates are shall be the basis for annual license
 1232  issuance regardless of any local acts to the contrary. However,
 1233  notwithstanding the population-based limits, at least three
 1234  licenses may be issued such limitation shall not prohibit the
 1235  issuance of at least three licenses in any county that approves
 1236  may approve the sale of intoxicating liquors in such county.
 1237         (2)(a) Population-based limits on the number of licenses do
 1238  not No such limitation of the number of licenses as herein
 1239  provided shall henceforth prohibit the issuance of a special
 1240  license to:
 1241         1.a. Any bona fide hotel, motel, or motor court having at
 1242  least of not fewer than 80 guest rooms in any county having a
 1243  population of fewer less than 50,000 residents, and at least of
 1244  not fewer than 100 guest rooms in any county having a population
 1245  of 50,000 residents or greater; or
 1246         b. Any bona fide hotel or motel located in a historic
 1247  structure, as defined in s. 561.01(21), which has with fewer
 1248  than 100 guest rooms, which derives at least 51 percent of its
 1249  gross revenue from the rental of hotel or motel rooms, and which
 1250  is licensed as a public lodging establishment by the Division of
 1251  Hotels and Restaurants.; provided, However, that a bona fide
 1252  hotel or motel that has with no fewer than 10 to and no more
 1253  than 25 guest rooms, which is a historic structure, as defined
 1254  in s. 561.01(21), is located in a municipality that on May 26,
 1255  1999, had the effective date of this act has a population of
 1256  25,000 to 35,000 residents, according to the University of
 1257  Florida’s Bureau of Economic and Business Research Estimates of
 1258  Population for 1998, of no fewer than 25,000 and no more than
 1259  35,000 residents and is that is within a constitutionally
 1260  chartered county may be issued a special license. This special
 1261  license allows shall allow the sale and consumption of alcoholic
 1262  beverages only on the licensed premises of the hotel or motel.
 1263  In addition, the hotel or motel must derive at least 60 percent
 1264  of its gross revenue from the rental of hotel or motel rooms and
 1265  the sale of food and nonalcoholic beverages.; provided that the
 1266  provisions of This sub-subparagraph supersedes subparagraph
 1267  shall supersede local laws requiring a greater number of hotel
 1268  rooms;
 1269         2. Any condominium accommodation in of which at least no
 1270  fewer than 100 condominium units are wholly rentable to
 1271  transients and which is licensed under the provisions of chapter
 1272  509, except that the license shall be issued only to the person
 1273  or corporation that which operates the hotel or motel operation
 1274  and not to the association of condominium owners;
 1275         3. Any condominium accommodation of which no fewer than 50
 1276  condominium units are wholly rentable to transients, which is
 1277  licensed under the provisions of chapter 509, and which is
 1278  located in any county having home rule under s. 10 or s. 11,
 1279  Art. VIII of the State Constitution of 1885, as amended, and
 1280  incorporated by reference in s. 6(e), Art. VIII of the State
 1281  Constitution, except that the license shall be issued only to
 1282  the person or corporation that which operates the hotel or motel
 1283  operation and not to the association of condominium owners;
 1284         4. Any restaurant having 2,500 square feet of service area,
 1285  and equipped to serve 150 persons full course meals at tables at
 1286  one time, and deriving at least 51 percent of its gross revenue
 1287  from the sale of food and nonalcoholic beverages.; However, a no
 1288  restaurant granted a special license on or after January 1,
 1289  1958, pursuant to general or special law may not shall operate
 1290  as a package store or sell, nor shall intoxicating beverages be
 1291  sold under such license after the hours of serving food have
 1292  elapsed; or
 1293         5. Any caterer, deriving at least 51 percent of its gross
 1294  revenue from the sale of food and nonalcoholic beverages,
 1295  licensed by the Division of Hotels and Restaurants under chapter
 1296  509. Notwithstanding any other provision of law to the contrary,
 1297  a licensee under this subparagraph may shall sell or serve
 1298  alcoholic beverages only for consumption on the premises of a
 1299  catered event at which the licensee is also providing prepared
 1300  food. The caterer, and shall prominently display its license at
 1301  any catered event at which the caterer is selling or serving
 1302  alcoholic beverages. A licensee under this subparagraph must
 1303  shall purchase all alcoholic beverages it sells or serves at a
 1304  catered event from a vendor licensed under s. 563.02(1) or, s.
 1305  564.02(1), or licensed under s. 565.02(1) subject to the
 1306  limitation imposed in subsection (1), as appropriate. A licensee
 1307  under this subparagraph may not store any alcoholic beverages to
 1308  be sold or served at a catered event. Any alcoholic beverages
 1309  purchased by a licensee under this subparagraph for a catered
 1310  event which that are not used at that event must remain with the
 1311  customer. However,; provided that if the vendor accepts unopened
 1312  alcoholic beverages, the licensee may return such alcoholic
 1313  beverages to the vendor for a credit or reimbursement.
 1314  Regardless of the county or counties in which the licensee
 1315  operates, a licensee under this subparagraph shall pay the
 1316  annual state license tax pursuant to set forth in s.
 1317  565.02(1)(b). A licensee under this subparagraph must maintain
 1318  for a period of 3 years all records required by the department
 1319  by rule to demonstrate compliance with the requirements of this
 1320  subparagraph, including licensed vendor receipts for the
 1321  purchase of alcoholic beverages and records identifying each
 1322  customer and the location and date of each catered event.
 1323  Notwithstanding any provision of law to the contrary, any vendor
 1324  licensed under s. 565.02(1) which is subject to the limitation
 1325  imposed in subsection (1), may, without any additional licensure
 1326  under this subparagraph, serve or sell alcoholic beverages for
 1327  consumption on the premises of a catered event at which prepared
 1328  food is provided by a caterer licensed under chapter 509. If a
 1329  licensee under this subparagraph also possesses any other
 1330  license under the Beverage Law, the license issued under this
 1331  subparagraph does shall not authorize the holder to conduct
 1332  activities on the premises to which the other license or
 1333  licenses apply which that would otherwise be prohibited by the
 1334  terms of that license or the Beverage Law. Nothing in This
 1335  section does not shall permit the licensee to conduct activities
 1336  that are otherwise prohibited by the Beverage Law or local law.
 1337  The Division of Alcoholic Beverages and Tobacco may is hereby
 1338  authorized to adopt rules to administer the license created in
 1339  this subparagraph, to include rules governing licensure,
 1340  recordkeeping, and enforcement. The first $300,000 in fees
 1341  collected by the division each fiscal year pursuant to this
 1342  subparagraph shall be deposited in the Department of Children
 1343  and Family Services’ Operations and Maintenance Trust Fund to be
 1344  used only for alcohol and drug abuse education, treatment, and
 1345  prevention programs. The remainder of the fees collected shall
 1346  be deposited into the Hotel and Restaurant Trust Fund created
 1347  pursuant to s. 509.072;.
 1348         6.a. A movie theater complex holding a seating license
 1349  issued by the Division of Hotels and Restaurants under chapter
 1350  509 which:
 1351         (I) Has at least five operating screens that show first-run
 1352  feature films that open on the scheduled national release dates.
 1353         (II) Prepares on premises, serves, and has a menu featuring
 1354  full-course meals; has the capacity to serve such meals to at
 1355  least 200 patrons at seats, tables, seats equipped with a tray
 1356  or table top, or a food-service counter, each of which must
 1357  accommodate a full-course meal to be counted. As used in this
 1358  subparagraph, the term “full-course meal” means a multi-course
 1359  meal, including appetizers, entrees with side dishes, and
 1360  desserts. The term does not include prepackaged meals that must
 1361  be heated.
 1362         (III) Derives at least 51 percent of its gross revenues
 1363  from the sale of theater tickets, food, and nonalcoholic
 1364  beverages.
 1365         b. A licensee under this subparagraph must provide food
 1366  service at all times alcoholic beverages are offered for sale.
 1367         c. Notwithstanding any law to the contrary, a licensee
 1368  under this subparagraph may sell or serve alcoholic beverages
 1369  only for consumption on the premises in areas that are
 1370  designated for the service of full-course meals as defined in
 1371  this subparagraph and at seats as described in this
 1372  subparagraph, and alcoholic beverages may not be sold more than
 1373  1 hour before the start of the first show or 1 hour after the
 1374  final show is concluded.
 1375         d. Regardless of the county or counties in which the
 1376  licensee operates, a licensee under this subparagraph shall pay
 1377  the annual state license tax under s. 565.02(1)(b).
 1378         e. A licensee under this subparagraph shall maintain all
 1379  records required by department rule for at least 3 years.
 1380  
 1381  However, any license heretofore issued to a any such hotel,
 1382  motel, motor court, or restaurant, or hereafter issued to any
 1383  such hotel, motel, or motor court, including a condominium
 1384  accommodation, or movie theater complex under the general law
 1385  may shall not be transferred moved to a new location, such
 1386  license being valid only on the premises of such hotel, motel,
 1387  motor court, or restaurant. Licenses issued to hotels, motels,
 1388  motor courts, or restaurants under the general law and held by
 1389  such hotels, motels, motor courts, or restaurants on May 24,
 1390  1947, shall be counted in the quota limitation contained in
 1391  subsection (1). Any license issued for a any hotel, motel, or
 1392  motor court, or movie theater complex under the provisions of
 1393  this section law shall be issued only to the owner of the hotel,
 1394  motel, or motor court, or movie theater complex or, in the event
 1395  the hotel, motel, or motor court, or movie theater complex is
 1396  leased, only to the lessee of the hotel, motel, or motor court,
 1397  or movie theater complex.; and The license shall remain in the
 1398  name of the owner or lessee of the facility as so long as the
 1399  license is in effect existence. Any special license now in
 1400  existence heretofore issued under the provisions of this law
 1401  cannot be renewed except in the name of the owner of the hotel,
 1402  motel, motor court, or restaurant or, in the event the hotel,
 1403  motel, motor court, or restaurant is leased, in the name of the
 1404  lessee of the hotel, motel, motor court, or restaurant in which
 1405  the license is located and must remain in the name of the owner
 1406  or lessee so long as the license is in existence. Any license
 1407  issued under this section shall be marked “Special.,This
 1408  section does not and nothing herein provided shall limit,
 1409  restrict, or prevent the issuance of a special license to a for
 1410  any restaurant or motel that which shall hereafter meets meet
 1411  the requirements of the law existing immediately prior to the
 1412  effective date of this act, if construction of such restaurant
 1413  has commenced prior to the effective date of this act and is
 1414  completed within 30 days thereafter, or if an application is on
 1415  file for such special license at the time this act takes effect;
 1416  and any such licenses issued under this provision proviso may be
 1417  annually renewed as now provided by law. This section does not
 1418  prohibit Nothing herein prevents an application for transfer of
 1419  a license to a bona fide purchaser of any hotel, motel, motor
 1420  court, or restaurant, or movie theater complex by the purchaser
 1421  of such facility or the transfer of such license pursuant to
 1422  law.
 1423         (b) Any county in which special licenses were issued under
 1424  the provisions of s. 561.20(2)(b) before in effect prior to the
 1425  effective date of this act shall continue to qualify for such
 1426  licenses pursuant to those provisions in effect before prior to
 1427  the effective date of this act, and are shall not be affected by
 1428  the provisions of paragraph (a). However, any restaurant located
 1429  in a specialty center built on governmentally owned land, except
 1430  that in such counties is, any restaurant located in a specialty
 1431  center built on governmentally owned land shall be subject to
 1432  the provisions of paragraph (a).
 1433         1. A specialty center means any development having at least
 1434  50,000 square feet of leasable area, containing restaurants,
 1435  entertainment facilities, and specialty shops, and located
 1436  adjacent to a navigable water body. Alcoholic beverages sold for
 1437  consumption on the premises by a vendor in a specialty center
 1438  may be consumed within the specialty center but may not be
 1439  removed from the such premises.
 1440         2. A specialty center also means an any enclosed
 1441  development that has at least 170,000 square feet of leasable
 1442  area that is under the dominion and physical control of the
 1443  owner or manager of the enclosed development, containing
 1444  restaurants, entertainment facilities, specialty shops, and a
 1445  movie theater with at least 18 operating screens. Alcoholic
 1446  beverages sold for consumption on the premises by a vendor in a
 1447  specialty center may be consumed only in areas designated
 1448  pursuant to s. 561.01(11) and may not be removed from the
 1449  designated area.
 1450         (c) In addition to any special licenses that may be issued
 1451  under the provisions of paragraph (a), the division may is
 1452  authorized to issue special licenses to qualified applicants who
 1453  own or lease bowling establishments having 12 or more lanes and
 1454  all necessary equipment to operate them. Any license issued for
 1455  a any bowling establishment under the provisions of this
 1456  paragraph shall be issued only to the owner of the bowling
 1457  establishment or, in the event the bowling establishment is
 1458  leased, to the lessee of the bowling establishment.; and The
 1459  license shall remain in the name of the owner or lessee as so
 1460  long as the license is in effect existence. A Any such license
 1461  issued under this paragraph may shall not be transferred moved
 1462  to a new location. A No license issued pursuant to this
 1463  paragraph does not shall permit the licensee to sell alcoholic
 1464  beverages by the package for off-the-premises consumption. The
 1465  provisions of This paragraph does do not preclude any bowling
 1466  establishment from holding a beverage license issued pursuant to
 1467  any other provision of this section.
 1468         (d) A Any board of county commissioners may be issued a
 1469  special license which shall be issued in the name of the county
 1470  and be applicable only in and for facilities that which are
 1471  owned and operated by the county and in which the sale and
 1472  consumption of alcoholic beverages are not otherwise prohibited.
 1473  The license may be transferred from one qualified county
 1474  facility to another upon written notification to the department.
 1475         (e) The owner of a hotel, motel, or motor court may lease
 1476  his or her restaurant operation to another corporation,
 1477  individual, or business association that, upon meeting the
 1478  requirements for a restaurant license under set forth in this
 1479  chapter, may operate independently of the hotel, motel, or motor
 1480  court and be permitted to provide room service for alcoholic and
 1481  intoxicating beverages within such hotel, motel, or motor court
 1482  in which the restaurant is located.
 1483         (f) In addition to the exceptions set forth in this
 1484  subsection, the population-based limits on no such limitation of
 1485  the number of licenses do not apply to as herein provided shall
 1486  prohibit the issuance of special airport licenses, as defined in
 1487  s. 561.01(12), or to restaurants that are a part of, or serve,
 1488  publicly owned or leased airports. The special airport license
 1489  authorized by this paragraph allows provided for herein shall
 1490  allow for consumption within designated areas of the airport
 1491  terminal as defined in s. 561.01(13). A Any holder of such
 1492  special license located at a publicly owned and operated airport
 1493  may sell and serve alcoholic beverages to the general public for
 1494  consumption in not more than four places or locations on the
 1495  premises that are in control of the licensee on the premises to
 1496  the general public under such license in not more than four
 1497  places or locations in control of the holder of such license.
 1498  The special Any license so issued may not be transferred to a
 1499  new location, except that a vendor operating a place of business
 1500  under a special license may transfer such license when the
 1501  publicly owned or leased airport at which the vendor operates a
 1502  place of business under a special license moves its terminal
 1503  facilities on the same airport premises, or when the airport is
 1504  required by law to move its entire operation to a new location.
 1505  The special license entitles Any license so issued shall entitle
 1506  the vendor operating a place of business under such license to
 1507  sell to airlines vinous beverages and distilled spirits in
 1508  sealed miniature containers and other alcoholic beverages for
 1509  consumption on the aircraft using the facility, but only for
 1510  consumption by the passengers of the aircraft when such aircraft
 1511  is airborne.
 1512         (g) In addition to any special licenses issued under the
 1513  Beverage Law, the division may issue a special license for
 1514  consumption on the premises only to any public fair or
 1515  exposition that which is organized in accordance with chapter
 1516  616. A No licensee under this special license may not shall
 1517  enter into any exclusive contract for its use. The special
 1518  license may not be used in connection with any youth
 1519  agricultural activity or during any regularly scheduled public
 1520  fair or exposition, and such license may be used only in
 1521  connection with special events held on the premises of the
 1522  fairgrounds, which premises are considered to be licensed
 1523  premises under the dominion and control of the public fair or
 1524  exposition authority at all times. This special license is not
 1525  transferable.
 1526         (h) In addition to any special licenses issued under the
 1527  Beverage Law, the division may issue a special license for
 1528  consumption on the premises only to any civic center authority
 1529  or sports arena authority that which is authorized by state law
 1530  or by a local government ordinance or which civic center or
 1531  sports arena that is otherwise owned by a political subdivision
 1532  of this state. The license may be transferred to a qualified
 1533  applicant authorized by contract with the authority to provide
 1534  food service for the facility. The license shall at all times
 1535  remain the exclusive property of the authority, and upon
 1536  termination by any manner of the contract between the authority
 1537  and the applicant concerning the furnishing of food service, the
 1538  license shall revert to the authority by operation of law.
 1539         (i) The division may shall not charge a fee in excess of
 1540  $250 for the license authorized by paragraph (g) or paragraph
 1541  (h).
 1542         (j) In addition to any special licenses issued under the
 1543  Beverage Law, the division may issue a special license for
 1544  consumption on the premises only to a performing arts center.,
 1545  provided that Any consumption of alcoholic beverages under this
 1546  license, except as part of food and beverage service for
 1547  banquets or receptions, may occur only in conjunction with an
 1548  artistic, educational, cultural, promotional, civic, or
 1549  charitable event occurring on the premises under the
 1550  authorization of or offered directly by the performing arts
 1551  center. The license may be transferred to a qualified applicant
 1552  authorized by contract with the performing arts center to
 1553  provide food and beverage service for the center. The license is
 1554  shall at all times remain the exclusive property of the
 1555  performing arts center, and upon termination by any manner of
 1556  the contract between the performing arts center and the
 1557  applicant concerning the furnishing of food and beverage
 1558  service, the license shall revert to the performing arts center
 1559  by operation of law. The division may shall not charge a fee in
 1560  excess of $400 for the license authorized by this paragraph.
 1561         (3) The population-based limits on limitation upon the
 1562  number of such licenses that may to be issued under this section
 1563  do as herein provided does not apply to existing licenses or to
 1564  the renewal or transfer of such licenses. However,; but upon the
 1565  limits apply after a license is revoked revocation of any
 1566  existing license, no renewal thereof or new license therefor
 1567  shall be issued contrary to the limitation herein prescribed.
 1568         (4) The population-based limits on the number of licenses
 1569  that may be issued under this section do limitations herein
 1570  prescribed shall not affect or repeal any existing or future
 1571  local or special acts act relating to population-based limits
 1572  the limitation by population and exceptions or exemptions from
 1573  such limits limitation by population of such licenses within any
 1574  incorporated city or town or county which that may be in
 1575  conflict with the population-based limits in this section
 1576  herewith. Any license issued under a local or special act
 1577  relating to the limitation by population is shall be subject to
 1578  all requirements and restrictions contained in the Beverage Law
 1579  which that are applicable to licenses issued under subsection
 1580  (1).
 1581         (5) Provisions of subsections (2) and (4) as amended by
 1582  chapter 57-773, Laws of Florida, shall take effect January 1,
 1583  1958, and shall apply only to those places of business licensed
 1584  to operate after January 1, 1958, and do not shall in no manner
 1585  repeal or nullify any license issued under provisions of law
 1586  which are now operating or will operate prior to that the
 1587  effective date if January 1, 1958; and all such places of
 1588  business shall be exempt from the provisions of this law so long
 1589  as they are in continuous operation.
 1590         (6) If When additional licenses become available as the
 1591  result by reason of an increase in population or because by
 1592  reason of a county repeals a prohibition on permitting the sale
 1593  of intoxicating beverages when such sale has been prohibited,
 1594  the number of licenses that may be issued by the division shall
 1595  be based on may issue the number of new licenses that become
 1596  available by reason of the last regular population estimate.;
 1597  However, a in no event shall any person, firm, or corporation
 1598  licensed as a vendor under subsection (1) may not have an
 1599  interest, directly or indirectly, in more than 30 percent of the
 1600  number of licenses authorized for issuance in the such county.
 1601  Notwithstanding the foregoing limitation, a any licensed vendor
 1602  having an interest, directly or indirectly, in more than 30
 1603  percent of the licenses authorized for issuance in any one
 1604  county on July 1, 1981, may continue to qualify for such
 1605  licenses.
 1606         (7)(a) There shall be no limitation as to The number of
 1607  licenses issued pursuant to s. 565.02(4) is not limited.
 1608  However, any licenses issued under this section are shall be
 1609  limited to:
 1610         1. Subordinate lodges or clubs of national fraternal or
 1611  benevolent associations;
 1612         2. Golf clubs, tennis clubs, and beach or cabana clubs that
 1613  which are municipally or privately owned or leased;
 1614         3. Nonprofit corporations or clubs devoted to promoting
 1615  community, municipal, or county development or any phase of
 1616  community, municipal, or county development;
 1617         4. Clubs fostering and promoting the general welfare and
 1618  prosperity of members of showmen and amusement enterprises;
 1619         5. Clubs assisting, promoting, and developing subordinate
 1620  lodges or clubs of national fraternal or benevolent
 1621  associations; and
 1622         6. Clubs promoting, developing, and maintaining cultural
 1623  relations of people of the same nationality.
 1624         (b) A Any corporation, partnership, or individual operating
 1625  a club owning or leasing and maintaining any bona fide regular,
 1626  standard golf course consisting of at least nine holes, with
 1627  clubhouse, locker rooms, and attendant golf facilities and
 1628  comprising in all at least 35 acres of land owned or leased by
 1629  such club may be issued a license under s. 565.02(4). However,
 1630  the; but failure of the such club to maintain the golf course
 1631  and golf facilities is shall be grounds for revocation of the
 1632  license.
 1633         (c) A Any corporation, partnership, or individual operating
 1634  a club owning or leasing and maintaining any bona fide tennis
 1635  club or four-wall indoor racquetball club consisting of at least
 1636  not fewer than 10 regulation-size tennis courts or 10
 1637  regulation-size four-wall indoor racquetball courts, or a
 1638  combination of such courts totaling in the aggregate at least
 1639  not fewer than 10 courts, or a combination of 8 such courts and
 1640  exercise facilities that which in square footage total at least
 1641  not fewer than the aggregate square foot equivalent of 10
 1642  regulation-size courts with clubhouse facilities, pro shop,
 1643  locker rooms, and attendant tennis or racquetball facilities,
 1644  all located on a contiguous tract of land owned or leased by
 1645  such club, may be issued a license under s. 565.02(4). However,
 1646  the; but failure of the such club to maintain the such courts
 1647  and facilities is shall be grounds for revocation of the any
 1648  such license so issued. A Any racquetball or tennis club that
 1649  was which has been constructed and completed on or before July
 1650  1, 1980, and that which contains the requisite number of courts
 1651  of proper size and attendant facilities may be granted a license
 1652  without receiving the necessity of securing additional approval
 1653  from the incorporated municipality or county in which the
 1654  racquetball or tennis club facility is located. It is intended
 1655  that This subsection is be an exception to s. 562.45(2) and
 1656  preempts preempting the zoning power of local government to the
 1657  state only in instances involving tennis and racquetball clubs
 1658  constructed and completed on or before July 1, 1980. Nothing in
 1659  This paragraph does not, however, shall be construed to limit
 1660  the power of incorporated municipalities or counties to enact
 1661  ordinances regulating hours of business and prescribing sanitary
 1662  regulations for such racquetball or tennis club facilities.
 1663         (d) A Any corporation, partnership, or individual operating
 1664  a club that which owns or leases and that which maintains any
 1665  bona fide beach or cabana club consisting of beach facilities,
 1666  swimming pool, locker rooms with facilities for at least 100
 1667  persons, and a restaurant with seats at tables for at least 100
 1668  persons, comprising in all an area of at least 5,000 square feet
 1669  located on a contiguous tract of land of in excess of 1 acre may
 1670  be issued a license under s. 565.02(4). The failure of such club
 1671  to maintain the facilities is shall be a ground for revocation
 1672  of the license.
 1673         (8) In addition to any licenses that may be issued to
 1674  restaurants under the provisions of this section, the division
 1675  is authorized to issue special licenses to qualified applicants
 1676  whose applications have been approved by the Inter-American
 1677  Center Authority for use within the confines of the Inter
 1678  American Cultural and Trade Center.; However, any such license
 1679  issued pursuant to this subsection does shall not permit the
 1680  licensee to sell alcoholic beverages by the package for off
 1681  premises consumption.
 1682         (9) In addition to any licenses that may be issued under
 1683  the provisions of this chapter, the division may is authorized
 1684  to issue special licenses to any county that which has a
 1685  population of at least 1 million persons according to the latest
 1686  federal census and that which owns and operates airport
 1687  facilities pursuant to chapters 125 and 332, for transfer to
 1688  qualified applicants who have secured approval from the board of
 1689  county commissioners of such county for use within the confines
 1690  of such airport facilities. Such licenses are shall not be valid
 1691  in any location beyond the confines of the terminal facilities
 1692  of the airport. If a license is revoked or expires In the event
 1693  of expiration or revocation of such licenses, the license
 1694  automatically reverts such licenses shall revert to the board of
 1695  county commissioners automatically, by operation of law.
 1696  However, a no special license issued pursuant to this subsection
 1697  does not shall permit the county or its transferee to sell
 1698  alcoholic beverages by the package for off-premises consumption.
 1699         (10) In addition to any licenses that may be issued under
 1700  the provisions of this chapter, the division may is authorized
 1701  to issue a special license to a any marketing association of
 1702  horse breeders organized under the laws of the state. Such
 1703  license applies shall be applicable only in and for facilities
 1704  used by the association for public auction of its products. A No
 1705  license issued pursuant to this subsection does not shall permit
 1706  the licensee to sell alcoholic beverages by the package for off
 1707  premises consumption. The provisions of This subsection does do
 1708  not preclude any cooperative marketing association of horse
 1709  breeders from holding a license issued pursuant to any other
 1710  provision of this chapter.
 1711         (11) In addition to any licenses that may be issued under
 1712  the provisions of this chapter, the division may is authorized
 1713  to issue a special license to historic American Legion Posts in
 1714  Florida which were chartered before prior to September 16, 1919,
 1715  the date on which the United States Congress issued the National
 1716  Charter for the American Legion. A Any holder of a license
 1717  issued pursuant to this subsection shall, at its option, be
 1718  permitted to sell alcoholic beverages to resident guests as well
 1719  as members and nonresident guests for consumption on the
 1720  premises only. Revenue from the sale of such alcoholic beverages
 1721  must be used to operate, maintain, or improve the said American
 1722  Legion Post facilities, grounds, or activities and to maintain
 1723  an emergency fund not to exceed the costs of operation of the
 1724  American Legion Post for the prior calendar year. Any remaining
 1725  revenue from the sale of alcoholic beverages shall be donated
 1726  anually to local nonprofit charitable organizations on an annual
 1727  basis. Posts exercising their option under this subsection shall
 1728  pay an annual license fee of $500. This section does shall not
 1729  apply to any county that which has held an election under s.
 1730  567.01 and whose electors have voted to prohibit the sale of
 1731  alcoholic beverages for consumption on the licensed premises.
 1732         (12)(a) In addition to any other licenses issued under the
 1733  provisions of this chapter, the division may is authorized to
 1734  issue a special license to a person or to an organization for
 1735  the purpose of authorizing:
 1736         1. A sale pursuant to a levy and execution;
 1737         2. A sale by an insurance company in possession of
 1738  alcoholic beverages;
 1739         3. A bankruptcy sale;
 1740         4. A sale resulting from a license suspension or
 1741  revocation;
 1742         5. A sale of damaged goods by a common carrier;
 1743         6. A sale by a bona fide wine collector; or
 1744         7. A sale of packaged alcoholic beverages pursuant to part
 1745  V of chapter 679.
 1746         (b) A special license shall be issued under this subsection
 1747  upon filing an application at the district office and paying a
 1748  $25 fee. Such fee shall be deposited in the Alcoholic Beverages
 1749  and Tobacco Trust Fund.
 1750         (c) A special license is valid for 3 days after the
 1751  effective date and time of its effective date and time as set by
 1752  the division. A license issued under pursuant to this subsection
 1753  does not permit the licensee to sell alcoholic beverages for
 1754  consumption on the premises.
 1755         (d) A distributor may purchase packaged alcoholic beverages
 1756  at any sale specified in paragraph (a).
 1757         (13) Notwithstanding any other provision of law, any
 1758  license to sell or serve alcoholic beverages issued to a port
 1759  authority, as defined in s. 315.02, entitles that port
 1760  authority, or its the lessee or lessees which it may choose, to
 1761  sell and serve alcoholic beverages at any terminal within the
 1762  port jurisdictional boundaries upon annual payment of an annual
 1763  fee to the division of an annual fee equivalent to the annual
 1764  license fee for each sales or service location. However, any
 1765  lessees chosen by the port authority must shall meet the
 1766  criteria for licensure for sales and service of alcoholic
 1767  beverages.
 1768         Section 39. For the purpose of incorporating the amendment
 1769  made by this act to section 455.227, Florida Statutes, in a
 1770  reference thereto, paragraph (a) of subsection (2) of section
 1771  468.436, Florida Statutes, is reenacted to read:
 1772         468.436 Disciplinary proceedings.—
 1773         (2) The following acts constitute grounds for which the
 1774  disciplinary actions in subsection (4) may be taken:
 1775         (a) Violation of any provision of s. 455.227(1).
 1776         Section 40. For the purpose of incorporating the amendment
 1777  made by this act to section 455.227, Florida Statutes, in a
 1778  reference thereto, subsection (1) of section 468.832, Florida
 1779  Statutes, is reenacted to read:
 1780         468.832 Disciplinary proceedings.—
 1781         (1) The following acts constitute grounds for which the
 1782  disciplinary actions in subsection (2) may be taken:
 1783         (a) Violation of any provision of this part or s.
 1784  455.227(1);
 1785         (b) Attempting to procure a license to practice home
 1786  inspection services by bribery or fraudulent misrepresentation;
 1787         (c) Having a license to practice home inspection services
 1788  revoked, suspended, or otherwise acted against, including the
 1789  denial of licensure, by the licensing authority of another
 1790  state, territory, or country;
 1791         (d) Being convicted or found guilty of, or entering a plea
 1792  of nolo contendere to, regardless of adjudication, a crime in
 1793  any jurisdiction that directly relates to the practice of home
 1794  inspection services or the ability to practice home inspection
 1795  services;
 1796         (e) Making or filing a report or record that the licensee
 1797  knows to be false, willfully failing to file a report or record
 1798  required by state or federal law, willfully impeding or
 1799  obstructing such filing, or inducing another person to impede or
 1800  obstruct such filing. Such reports or records shall include only
 1801  those that are signed in the capacity of a licensed home
 1802  inspector;
 1803         (f) Advertising goods or services in a manner that is
 1804  fraudulent, false, deceptive, or misleading in form or content;
 1805         (g) Engaging in fraud or deceit, or negligence,
 1806  incompetency, or misconduct, in the practice of home inspection
 1807  services;
 1808         (h) Failing to perform any statutory or legal obligation
 1809  placed upon a licensed home inspector; violating any provision
 1810  of this chapter, a rule of the department, or a lawful order of
 1811  the department previously entered in a disciplinary hearing; or
 1812  failing to comply with a lawfully issued subpoena of the
 1813  department; or
 1814         (i) Practicing on a revoked, suspended, inactive, or
 1815  delinquent license.
 1816         Section 41. For the purpose of incorporating the amendment
 1817  made by this act to section 455.227, Florida Statutes, in a
 1818  reference thereto, subsection (1) of section 468.842, Florida
 1819  Statutes, is reenacted to read:
 1820         468.842 Disciplinary proceedings.—
 1821         (1) The following acts constitute grounds for which the
 1822  disciplinary actions in subsection (2) may be taken:
 1823         (a) Violation of any provision of this part or s.
 1824  455.227(1);
 1825         (b) Attempting to procure a license to practice mold
 1826  assessment or mold remediation by bribery or fraudulent
 1827  misrepresentations;
 1828         (c) Having a license to practice mold assessment or mold
 1829  remediation revoked, suspended, or otherwise acted against,
 1830  including the denial of licensure, by the licensing authority of
 1831  another state, territory, or country;
 1832         (d) Being convicted or found guilty of, or entering a plea
 1833  of nolo contendere to, regardless of adjudication, a crime in
 1834  any jurisdiction that directly relates to the practice of mold
 1835  assessment or mold remediation or the ability to practice mold
 1836  assessment or mold remediation;
 1837         (e) Making or filing a report or record that the licensee
 1838  knows to be false, willfully failing to file a report or record
 1839  required by state or federal law, willfully impeding or
 1840  obstructing such filing, or inducing another person to impede or
 1841  obstruct such filing. Such reports or records shall include only
 1842  those that are signed in the capacity of a registered mold
 1843  assessor or mold remediator;
 1844         (f) Advertising goods or services in a manner that is
 1845  fraudulent, false, deceptive, or misleading in form or content;
 1846         (g) Engaging in fraud or deceit, or negligence,
 1847  incompetency, or misconduct, in the practice of mold assessment
 1848  or mold remediation;
 1849         (h) Failing to perform any statutory or legal obligation
 1850  placed upon a licensed mold assessor or mold remediator;
 1851  violating any provision of this chapter, a rule of the
 1852  department, or a lawful order of the department previously
 1853  entered in a disciplinary hearing; or failing to comply with a
 1854  lawfully issued subpoena of the department; or
 1855         (i) Practicing on a revoked, suspended, inactive, or
 1856  delinquent license.
 1857         Section 42. For the purpose of incorporating the amendment
 1858  made by this act to section 455.227, Florida Statutes, in a
 1859  reference thereto, paragraph (a) of subsection (1) of section
 1860  471.033, Florida Statutes, is reenacted to read:
 1861         471.033 Disciplinary proceedings.—
 1862         (1) The following acts constitute grounds for which the
 1863  disciplinary actions in subsection (3) may be taken:
 1864         (a) Violating any provision of s. 455.227(1), s. 471.025,
 1865  or s. 471.031, or any other provision of this chapter or rule of
 1866  the board or department.
 1867         Section 43. For the purpose of incorporating the amendment
 1868  made by this act to section 455.227, Florida Statutes, in a
 1869  reference thereto, paragraph (a) of subsection (1) of section
 1870  473.323, Florida Statutes, is reenacted to read:
 1871         473.323 Disciplinary proceedings.—
 1872         (1) The following acts constitute grounds for which the
 1873  disciplinary actions in subsection (3) may be taken:
 1874         (a) Violation of any provision of s. 455.227(1) or any
 1875  other provision of this chapter.
 1876         Section 44. For the purpose of incorporating the amendment
 1877  made by this act to section 455.227, Florida Statutes, in a
 1878  reference thereto, paragraph (a) of subsection (1) of section
 1879  475.25, Florida Statutes, is reenacted to read:
 1880         475.25 Discipline.—
 1881         (1) The commission may deny an application for licensure,
 1882  registration, or permit, or renewal thereof; may place a
 1883  licensee, registrant, or permittee on probation; may suspend a
 1884  license, registration, or permit for a period not exceeding 10
 1885  years; may revoke a license, registration, or permit; may impose
 1886  an administrative fine not to exceed $5,000 for each count or
 1887  separate offense; and may issue a reprimand, and any or all of
 1888  the foregoing, if it finds that the licensee, registrant,
 1889  permittee, or applicant:
 1890         (a) Has violated any provision of s. 455.227(1) or s.
 1891  475.42. However, licensees under this part are exempt from the
 1892  provisions of s. 455.227(1)(i).
 1893         Section 45. For the purpose of incorporating the amendment
 1894  made by this act to section 455.227, Florida Statutes, in a
 1895  reference thereto, subsection (1) of section 475.624, Florida
 1896  Statutes, is reenacted to read:
 1897         475.624 Discipline.—The board may deny an application for
 1898  registration or certification; may investigate the actions of
 1899  any appraiser registered, licensed, or certified under this
 1900  part; may reprimand or impose an administrative fine not to
 1901  exceed $5,000 for each count or separate offense against any
 1902  such appraiser; and may revoke or suspend, for a period not to
 1903  exceed 10 years, the registration, license, or certification of
 1904  any such appraiser, or place any such appraiser on probation, if
 1905  it finds that the registered trainee, licensee, or
 1906  certificateholder:
 1907         (1) Has violated any provisions of this part or s.
 1908  455.227(1); however, certificateholders, registrants, and
 1909  licensees under this part are exempt from the provisions of s.
 1910  455.227(1)(i).
 1911         Section 46. For the purpose of incorporating the amendment
 1912  made by this act to section 455.227, Florida Statutes, in a
 1913  reference thereto, paragraph (h) of subsection (1) of section
 1914  476.204, Florida Statutes, is reenacted to read:
 1915         476.204 Penalties.—
 1916         (1) It is unlawful for any person to:
 1917         (h) Violate any provision of s. 455.227(1), s. 476.194, or
 1918  s. 476.214.
 1919         Section 47. For the purpose of incorporating the amendment
 1920  made by this act to section 455.227, Florida Statutes, in a
 1921  reference thereto, paragraph (h) of subsection (1) of section
 1922  477.029, Florida Statutes, is reenacted to read:
 1923         477.029 Penalty.—
 1924         (1) It is unlawful for any person to:
 1925         (h) Violate any provision of s. 455.227(1), s. 477.0265, or
 1926  s. 477.028.
 1927         Section 48. For the purpose of incorporating the amendment
 1928  made by this act to section 455.227, Florida Statutes, in a
 1929  reference thereto, paragraph (a) of subsection (1) of section
 1930  481.225, Florida Statutes, is reenacted to read:
 1931         481.225 Disciplinary proceedings against registered
 1932  architects.—
 1933         (1) The following acts constitute grounds for which the
 1934  disciplinary actions in subsection (3) may be taken:
 1935         (a) Violating any provision of s. 455.227(1), s. 481.221,
 1936  or s. 481.223, or any rule of the board or department lawfully
 1937  adopted pursuant to this part or chapter 455.
 1938         Section 49. For the purpose of incorporating the amendment
 1939  made by this act to section 455.227, Florida Statutes, in a
 1940  reference thereto, paragraph (a) of subsection (1) of section
 1941  481.325, Florida Statutes, is reenacted to read:
 1942         481.325 Disciplinary proceedings.—
 1943         (1) The following acts constitute grounds for which the
 1944  disciplinary actions in subsection (3) may be taken:
 1945         (a) Violation of any provision of s. 455.227(1), s.
 1946  481.321, or s. 481.323.
 1947         Section 50. For the purpose of incorporating the amendment
 1948  made by this act to section 468.832, Florida Statutes, in a
 1949  reference thereto, subsection (2) of section 468.8314, Florida
 1950  Statutes, is reenacted to read:
 1951         468.8314 Licensure.—
 1952         (2) The department shall certify for licensure any
 1953  applicant who satisfies the requirements of s. 468.8313 and who
 1954  has passed the licensing examination. The department may refuse
 1955  to certify any applicant who has violated any of the provisions
 1956  of s. 468.832.
 1957         Section 51. This act shall take effect July 1, 2010.

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