August 18, 2019
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       Florida Senate - 2010                             CS for SB 1330
       
       
       
       By the Committee on Regulated Industries; and Senators Fasano
       and Altman
       
       
       
       580-03085-10                                          20101330c1
    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; amending s.
    6         455.275, F.S.; specifying methods that the department
    7         must use to serve an administrative complaint on a
    8         licensee; amending s. 455.017, F.S.; clarifying that
    9         ch. 455, F.S., applies to the Division of Professions;
   10         amending s. 455.02, F.S.; providing for the issuance
   11         of temporary licenses to the spouses of members of the
   12         Armed Forces under specified conditions; amending s.
   13         455.213, F.S.; requiring a licensee of the department
   14         to surrender his or her license to the department if
   15         the license was issued in error or is revoked;
   16         amending s. 455.217, F.S.; designating the Division of
   17         Professions as the division responsible for
   18         examinations relating to regulated professions;
   19         limiting an applicant who has failed an examination to
   20         reviewing the last examination taken by the applicant;
   21         amending s. 455.2175, F.S.; prohibiting an examinee
   22         whose materials have been confiscated from taking
   23         another examination during the pendency of any
   24         criminal investigation or prosecution relating to the
   25         matter; repealing s. 455.2226, F.S., relating to a
   26         requirement for persons licensed under ch. 497, F.S.,
   27         to complete a continuing education course on the human
   28         immunodeficiency virus and acquired immune deficiency
   29         syndrome; amending s. 455.227, F.S.; authorizing the
   30         department to take disciplinary action against a
   31         licensee who pleads guilty to a crime relating to the
   32         licensee’s profession; amending s. 455.228, F.S.;
   33         redesignating a cease and desist order as a cease and
   34         desist notice; amending s. 468.8311, F.S.; redefining
   35         the term “home inspection services” to mandate the
   36         inspection of certain items; amending s. 468.8312,
   37         F.S.; eliminating the fee charged for a certificate of
   38         authorization to conduct home inspections; amending s.
   39         468.8313, F.S.; requiring a person desiring to be
   40         licensed as a home inspector to complete an
   41         examination before applying for a license; requiring
   42         an applicant for an initial license to submit
   43         electronic fingerprints to the department for a
   44         background check and pay the costs of the background
   45         check; amending s. 468.8318, F.S.; deleting
   46         requirements for a certificate of authorization for a
   47         corporation or partnership to offer home inspection
   48         services; delaying the effective date of provisions of
   49         s. 468.8319, F.S., which require a license to conduct
   50         home inspections; amending s. 468.8319, F.S.; revising
   51         prohibited acts by a person acting as a home
   52         inspector; amending s. 468.832, F.S.; authorizing the
   53         department to take disciplinary action against a
   54         person for failing to meet a standard of practice
   55         adopted by rule of the department; amending s.
   56         468.8324, F.S.; revising the requirements for persons
   57         seeking licensure as a home inspector under a
   58         grandfather clause; creating s. 468.8325, F.S.;
   59         requiring the department to adopt rules to administer
   60         part XV of ch. 468, F.S.; amending s. 468.8412, F.S.;
   61         deleting the fee for the renewal of a certificate of
   62         authorization to conduct mold assessment or mold
   63         remediation services; amending s. 468.8413, F.S.;
   64         requiring a person desiring to be licensed as a mold
   65         assessor or mold remediator to complete an examination
   66         before applying for a license; revising the minimum
   67         amount of education required to qualify as a mold
   68         assessor or mold remediator; amending s. 468.8414,
   69         F.S.; requiring a person seeking licensure by
   70         endorsement as a mold assessor or mold remediator to
   71         possess liability insurance; amending s. 468.8418,
   72         F.S.; deleting requirements for a certificate of
   73         authorization for a corporation or partnership to
   74         offer mold assessment or mold remediation services;
   75         amending s. 468.8419, F.S.; prohibiting a person from
   76         engaging in certain acts relating to mold assessment;
   77         delaying the effective date of provisions of s.
   78         468.8419, F.S., which require a license to conduct
   79         mold assessment or mold remediation services; amending
   80         s. 468.842, F.S.; authorizing the department to take
   81         disciplinary action against a person for failing to
   82         meet a standard of practice adopted by rule of the
   83         department; amending s. 468.8421, F.S.; specifying
   84         coverage requirements for insurance that must be
   85         possessed by a mold assessor; amending s. 468.8423,
   86         F.S.; revising the requirements for persons seeking
   87         licensure as a mold assessor or mold remediator under
   88         a grandfather clause; creating 468.8424, F.S.;
   89         requiring the department to adopt rules to administer
   90         part XVI of ch. 468, F.S.; amending s. 474.203, F.S.;
   91         expanding an exemption from licensure as a
   92         veterinarian to include certain interns or residents
   93         who are graduates of a school or college recognized by
   94         a specified veterinary association; amending s.
   95         475.175, F.S.; requiring a person seeking to take an
   96         examination for licensure as a real estate broker or
   97         sales associate to submit fingerprints in a digital
   98         format to the department; amending s. 475.613, F.S.;
   99         deleting a provision excluding persons connected with
  100         real estate brokerage or mortgage lending as
  101         representatives of the general public on the Florida
  102         Real Estate Appraisal Board; amending s. 477.019,
  103         F.S.; deleting a provision that allows a person to
  104         apply for the cosmetology licensure examination while
  105         in training; amending s. 509.211, F.S.; deleting a
  106         requirement that certain rooms containing a boiler in
  107         a public lodging establishment be equipped with a
  108         carbon monoxide sensor; creating s. 548.076, F.S.;
  109         authorizing the department to issue a cease and desist
  110         notice for certain conduct to persons who are not
  111         licensed by the Florida Boxing Commission; amending s.
  112         554.108, F.S.; requiring certain rooms in a public
  113         lodging establishment which contain a boiler to be
  114         equipped with a carbon monoxide sensor; requiring
  115         inspections of such boilers to include a determination
  116         of compliance with the requirement for the carbon
  117         monoxide sensor; amending s. 561.17, F.S.; deleting a
  118         requirement to submit an application in duplicate to
  119         the Division of Alcoholic Beverages and Tobacco before
  120         engaging in the business of manufacturing, bottling,
  121         distributing, selling, or dealing in alcoholic
  122         beverages; reenacting ss. 468.436(2)(a),
  123         468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
  124         473.323(1)(a), 475.25(1)(a), 475.624(1),
  125         476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
  126         481.325(1)(a), F.S., relating to disciplinary
  127         proceedings for community association managers, home
  128         inspectors, mold assessors, mold remediators,
  129         engineers, certified public accountants, real estate
  130         brokers and sales associates, real estate appraisers,
  131         barbers, cosmetologists, architects, and landscape
  132         architects, respectively, to incorporate the amendment
  133         made to s. 455.227, F.S., in references thereto;
  134         reenacting s. 468.8314(2), F.S., relating to the
  135         licensure of home inspectors, to incorporate the
  136         amendment made to s. 468.832, F.S., in a reference
  137         thereto; providing an effective date.
  138  
  139  Be It Enacted by the Legislature of the State of Florida:
  140  
  141         Section 1. Subsection (4) of section 20.165, Florida
  142  Statutes, is amended to read:
  143         20.165 Department of Business and Professional Regulation.
  144  There is created a Department of Business and Professional
  145  Regulation.
  146         (4)(a) The following boards or professions are established
  147  within the Division of Professions:
  148         1. Board of Architecture and Interior Design, created under
  149  part I of chapter 481.
  150         2. Florida Board of Auctioneers, created under part VI of
  151  chapter 468.
  152         3. Barbers’ Board, created under chapter 476.
  153         4. Florida Building Code Administrators and Inspectors
  154  Board, created under part XII of chapter 468.
  155         5. Construction Industry Licensing Board, created under
  156  part I of chapter 489.
  157         6. Board of Cosmetology, created under chapter 477.
  158         7. Electrical Contractors’ Licensing Board, created under
  159  part II of chapter 489.
  160         8. Board of Employee Leasing Companies, created under part
  161  XI of chapter 468.
  162         9. Board of Landscape Architecture, created under part II
  163  of chapter 481.
  164         10. Board of Pilot Commissioners, created under chapter
  165  310.
  166         11. Board of Professional Engineers, created under chapter
  167  471.
  168         12. Board of Professional Geologists, created under chapter
  169  492.
  170         13. Board of Veterinary Medicine, created under chapter
  171  474.
  172         14. Home inspector licensing program, created under part XV
  173  of chapter 468.
  174         15 Mold-related services licensing program, created under
  175  part XVI of chapter 468.
  176         (b) The following board and commission are established
  177  within the Division of Real Estate:
  178         1. Florida Real Estate Appraisal Board, created under part
  179  II of chapter 475.
  180         2. Florida Real Estate Commission, created under part I of
  181  chapter 475.
  182         (c) The following board is established within the Division
  183  of Certified Public Accounting:
  184         1. Board of Accountancy, created under chapter 473.
  185         Section 2. Section 455.275, Florida Statutes, is amended to
  186  read:
  187         455.275 Address of record.—
  188         (1) Each licensee of the department is solely responsible
  189  for notifying the department in writing of the licensee’s
  190  current mailing address and place of practice, as defined by
  191  rule of the board or the department when there is no board. A
  192  licensee’s failure to notify the department of a change of
  193  address constitutes a violation of this section, and the
  194  licensee may be disciplined by the board or the department when
  195  there is no board.
  196         (2) Notwithstanding any other provision of law, service by
  197  regular mail to a licensee’s last known address of record with
  198  the department constitutes adequate and sufficient notice to the
  199  licensee for any official communication to the licensee by the
  200  board or the department except when other service is required
  201  pursuant to s. 455.225.
  202         (3)(a) Notwithstanding any other provision of law, if an
  203  administrative complaint is served on a licensee of the agency,
  204  the department shall provide service by regular mail to the
  205  licensee’s last known address of record, by certified mail to
  206  the last known address of record, and, if possible, by
  207  electronic mail.
  208         (b) If service as provided in paragraph (a) does not
  209  provide the department with proof of service, the department
  210  shall call the last telephone number of record and cause a
  211  short, plain notice to the licensee to be published once each
  212  week for 4 consecutive weeks in a newspaper published in the
  213  county of the licensee’s last known address of record. If a
  214  newspaper is not published in that county, the administrative
  215  complaint may be published in a newspaper of general circulation
  216  in that county. If the address is in some state other than this
  217  state or in a foreign territory or country, the administrative
  218  complaint may be published in Leon County pursuant to s.
  219  120.60(5).
  220         Section 3. Section 455.017, Florida Statutes, is amended to
  221  read:
  222         455.017 Applicability of this chapter.—The provisions of
  223  this chapter apply only to the regulation by the Division
  224  department of Professions.
  225         Section 4. Section 455.02, Florida Statutes, is amended to
  226  read:
  227         455.02 Licensure of members of Armed Forces in good
  228  standing with administrative boards and their spouses.—
  229         (1) Any member of the Armed Forces of the United States now
  230  or hereafter on active duty who, at the time of becoming such a
  231  member, was in good standing with any administrative board of
  232  the state and was entitled to practice or engage in his or her
  233  profession or vocation in the state shall be kept in good
  234  standing by such administrative board, without registering,
  235  paying dues or fees, or performing any other act on his or her
  236  part to be performed, as long as he or she is a member of the
  237  Armed Forces of the United States on active duty and for a
  238  period of 6 months after discharge from active duty as a member
  239  of the Armed Forces of the United States, provided he or she is
  240  not engaged in his or her licensed profession or vocation in the
  241  private sector for profit.
  242         (2) The boards listed in s. 20.165 shall adopt promulgate
  243  rules exempting the spouses of members of the Armed Forces of
  244  the United States from licensure renewal provisions, but only in
  245  cases of absence from the state because of their spouses’ duties
  246  with the Armed Forces.
  247         (3)(a)The department may issue a temporary professional
  248  license to the spouse of an active duty member of the Armed
  249  Forces of the United States if the spouse submits an application
  250  to the department providing:
  251         1.Proof that the servicemember has been assigned to a duty
  252  station in Florida pursuant official active duty military
  253  orders;
  254         2. Proof of marriage to the servicemember;
  255         3.Proof that the spouse holds a similar license in another
  256  state or country and that the license is in good standing; and
  257         4. A completed set of fingerprints in the form and manner
  258  required by the department.
  259         (b) The department shall submit the applicant’s
  260  fingerprints to the Department of Law Enforcement for state
  261  processing, and the Department of Law Enforcement shall forward
  262  them to the Federal Bureau of Investigation for a level 2
  263  background check pursuant to s. 435.04. The department shall and
  264  the board may review the background results to determine if the
  265  spouse of an active duty member of the Armed Forces of the
  266  United States meets licensure requirements. The cost for the
  267  fingerprint processing shall be borne by the applicant. These
  268  fees shall be collected by the authorized agencies or vendors.
  269  The authorized agencies or vendors shall pay the processing
  270  costs to the Department of Law Enforcement.
  271         (c) A temporary license expires 6 months after the date
  272  issued and is not renewable.
  273         (d) The department may charge a fee sufficient to cover the
  274  cost of issuing the temporary license.
  275         Section 5. Subsection (2) of section 455.213, Florida
  276  Statutes, is amended to read:
  277         455.213 General licensing provisions.—
  278         (2) Before the issuance of a any license, the department
  279  may charge an initial license fee as determined by rule of the
  280  applicable board or, if no such board exists, by rule of the
  281  department. Upon receipt of the appropriate license fee, except
  282  as provided in subsection (3), the department shall issue a
  283  license to any person certified by the appropriate board, or its
  284  designee, or the department when there is no board, as having
  285  met the applicable requirements imposed by law or rule. However,
  286  an applicant who is not otherwise qualified for licensure is not
  287  entitled to licensure solely based on a passing score on a
  288  required examination. A licensee shall surrender his or her
  289  license to the department if the applicable board, or the
  290  department when there is no board, revokes the license or
  291  determines that the license was issued in error.
  292         Section 6. Subsections (1) and (3) of section 455.217,
  293  Florida Statutes, are amended to read:
  294         455.217 Examinations.—This section shall be read in
  295  conjunction with the appropriate practice act associated with
  296  each regulated profession under this chapter.
  297         (1) The Division of Professions Service Operations of the
  298  Department of Business and Professional Regulation shall
  299  provide, contract, or approve services for the development,
  300  preparation, administration, scoring, score reporting, and
  301  evaluation of all examinations. The division shall seek the
  302  advice of the appropriate board in providing such services.
  303         (a) The department, acting in conjunction with the Division
  304  of Service Operations, the Division of Professions, and the
  305  Division of Real Estate, as appropriate, shall ensure that
  306  examinations adequately and reliably measure an applicant’s
  307  ability to practice the profession regulated by the department.
  308  After an examination developed or approved by the department has
  309  been administered, the board or department may reject any
  310  question that which does not reliably measure the general areas
  311  of competency specified in the rules of the board or department,
  312  when there is no board. The department shall use qualified
  313  outside testing vendors for the development, preparation, and
  314  evaluation of examinations if, when such services are
  315  economically and viably available and approved by the
  316  department.
  317         (b) For each examination developed by the department or
  318  contracted vendor, to the extent not otherwise specified by
  319  statute, the board or the department when there is no board,
  320  shall by rule specify the general areas of competency to be
  321  covered by the examination, the relative weight to be assigned
  322  in grading each area tested, the score necessary to achieve a
  323  passing grade, and the fees, if where applicable, to cover the
  324  actual cost for any purchase, development, and administration of
  325  the required examination. However, statutory fee caps in each
  326  practice act shall apply. This subsection does not apply to
  327  national examinations approved and administered pursuant to
  328  paragraph (d).
  329         (c) If a practical examination is deemed to be necessary,
  330  rules shall specify the criteria by which examiners are to be
  331  selected, the grading criteria to be used by the examiner, the
  332  relative weight to be assigned in grading each criterion, and
  333  the score necessary to achieve a passing grade. If When a
  334  mandatory standardization exercise for a practical examination
  335  is required by law, the board may conduct such exercise.
  336  Therefore, board members may serve as examiners at a practical
  337  examination with the consent of the board.
  338         (d) A board, or the department when there is no board, may
  339  approve by rule the use of any national examination which the
  340  department has certified as meeting requirements of national
  341  examinations and generally accepted testing standards pursuant
  342  to department rules. Providers of examinations, which may be
  343  either profit or nonprofit entities, seeking certification by
  344  the department shall pay the actual costs incurred by the
  345  department in making a determination regarding the
  346  certification. The department shall use any national examination
  347  which is available, certified by the department, and approved by
  348  the board. The name and number of a candidate may be provided to
  349  a national contractor for the limited purpose of preparing the
  350  grade tape and information to be returned to the board or
  351  department or, to the extent otherwise specified by rule, the
  352  candidate may apply directly to the vendor of the national
  353  examination. The department may delegate to the board the duty
  354  to provide and administer the examination. Any national
  355  examination approved by a board, or the department when there is
  356  no board, prior to October 1, 1997, is deemed certified under
  357  this paragraph. Any licensing or certification examination that
  358  is not developed or administered by the department in-house or
  359  provided as a national examination shall be competitively bid.
  360         (e) The department shall adopt rules regarding the security
  361  and monitoring of examinations. In order to maintain the
  362  security of examinations, the department may employ the
  363  procedures set forth in s. 455.228 to seek fines and injunctive
  364  relief against an examinee who violates the provisions of s.
  365  455.2175 or the rules adopted pursuant to this paragraph. The
  366  department, or any agent thereof, may, for the purposes of
  367  investigation, confiscate any written, photographic, or
  368  recording material or device in the possession of the examinee
  369  at the examination site which the department deems necessary to
  370  enforce such provisions or rules.
  371         (f) If the professional board with jurisdiction over an
  372  examination concurs, the department may, for a fee, share with
  373  any other state’s licensing authority an examination developed
  374  by or for the department unless prohibited by a contract entered
  375  into by the department for development or purchase of the
  376  examination. The department, with the concurrence of the
  377  appropriate board, shall establish guidelines that ensure
  378  security of a shared exam and shall require that any other
  379  state’s licensing authority comply with those guidelines. Those
  380  guidelines shall be approved by the appropriate professional
  381  board. All fees paid by the user shall be applied to the
  382  department’s examination and development program for professions
  383  regulated by this chapter. All fees paid by the user for
  384  professions not regulated by this chapter shall be applied to
  385  offset the fees for the development and administration of that
  386  profession’s examination. If both a written and a practical
  387  examination are given, an applicant shall be required to retake
  388  only the portion of the examination for which he or she failed
  389  to achieve a passing grade, if he or she successfully passes
  390  that portion within a reasonable time of his or her passing the
  391  other portion.
  392         (3) Except for national examinations approved and
  393  administered pursuant to paragraph (1)(d), the department shall
  394  provide procedures for applicants who have taken and failed an
  395  examination developed by the department or a contracted vendor
  396  to review the their examination questions, answers, papers,
  397  grades, and grading key for the questions the candidate answered
  398  incorrectly on his or her last examination or, if not feasible,
  399  the parts of the examination failed. Applicants shall bear the
  400  actual cost for the department to provide examination review
  401  pursuant to this subsection. An applicant may waive in writing
  402  the confidentiality of his or her examination grades.
  403         Section 7. Section 455.2175, Florida Statutes, is amended
  404  to read:
  405         455.2175 Penalty for theft or reproduction of an
  406  examination.—In addition to, or in lieu of, any other discipline
  407  imposed pursuant to s. 455.227, the theft of an examination in
  408  whole or in part or the act of reproducing or copying any
  409  examination administered by the department, whether such
  410  examination is reproduced or copied in part or in whole and by
  411  any means, constitutes a felony of the third degree, punishable
  412  as provided in s. 775.082, s. 775.083, or s. 775.084. An
  413  examinee whose examination materials have been confiscated upon
  414  suspicion of a violation of this section may not participate in
  415  another examination during the pendency of any criminal
  416  investigation or prosecution relating to the matter.
  417         Section 8. Section 455.2226, Florida Statutes, is repealed.
  418         Section 9. Paragraph (c) of subsection (1) of section
  419  455.227, Florida Statutes, is amended to read:
  420         455.227 Grounds for discipline; penalties; enforcement.—
  421         (1) The following acts shall constitute grounds for which
  422  the disciplinary actions specified in subsection (2) may be
  423  taken:
  424         (c) Being convicted or found guilty of, or entering a plea
  425  of nolo contendere or guilty to, regardless of adjudication, a
  426  crime in any jurisdiction which relates to the practice of, or
  427  the ability to practice, a licensee’s profession.
  428         Section 10. Subsection (1) of section 455.228, Florida
  429  Statutes, is amended to read:
  430         455.228 Unlicensed practice of a profession; cease and
  431  desist notice; civil penalty; enforcement; citations; allocation
  432  of moneys collected.—
  433         (1) When the department has probable cause to believe that
  434  a any person not licensed by the department, or the appropriate
  435  regulatory board within the department, has violated any
  436  provision of this chapter or any statute that relates to the
  437  practice of a profession regulated by the department, or any
  438  rule adopted pursuant thereto, the department may issue and
  439  deliver to such person a notice to cease and desist from such
  440  violation. In addition, the department may issue and deliver a
  441  notice to cease and desist to any person who aids and abets the
  442  unlicensed practice of a profession by employing such unlicensed
  443  person. The issuance of a notice to cease and desist does shall
  444  not constitute agency action for which a hearing under ss.
  445  120.569 and 120.57 may be sought. For the purpose of enforcing a
  446  cease and desist notice order, the department may file a
  447  proceeding in the name of the state seeking issuance of an
  448  injunction or a writ of mandamus against any person who violates
  449  any provisions of such notice order. In addition to the
  450  foregoing remedies, the department may impose an administrative
  451  penalty not to exceed $5,000 per incident pursuant to the
  452  provisions of chapter 120 or may issue a citation pursuant to
  453  the provisions of subsection (3). If the department is required
  454  to seek enforcement of the order for a penalty pursuant to s.
  455  120.569, it is shall be entitled to collect its attorney’s fees
  456  and costs, together with any cost of collection.
  457         Section 11. Subsection (4) of section 468.8311, Florida
  458  Statutes, is amended to read:
  459         468.8311 Definitions.—As used in this part, the term:
  460         (4) “Home inspection services” means a limited visual
  461  examination of one or more of the following readily accessible
  462  installed systems and components of a home: the structure,
  463  electrical system, HVAC system, roof covering, plumbing system,
  464  interior components, exterior components, and site conditions
  465  that affect the structure, for the purposes of providing a
  466  written professional opinion of the condition of the home.
  467         Section 12. Subsections (4), (5), (6), (7), and (8) of
  468  section 468.8312, Florida Statutes, are amended to read:
  469         468.8312 Fees.—
  470         (4)The fee for a certificate of authorization shall not
  471  exceed $125.
  472         (4)(5) The biennial renewal fee shall not exceed $200.
  473         (5)(6) The fee for licensure by endorsement shall not
  474  exceed $200.
  475         (6)(7) The fee for application for inactive status or for
  476  reactivation of an inactive license shall not exceed $200.
  477         (7)(8) The fee for applications from providers of
  478  continuing education may not exceed $500.
  479         Section 13. Section 468.8313, Florida Statutes, is amended
  480  to read:
  481         468.8313 Examinations.—
  482         (1) A person desiring to be licensed as a home inspector
  483  shall apply to the department after satisfying the examination
  484  requirements of this part to take a licensure examination.
  485         (2) An applicant shall be entitled to take the licensure
  486  examination for the purpose of determining whether he or she is
  487  qualified to practice in this state as a home inspector if the
  488  applicant has passed the required examination, is of good moral
  489  character, and has completed a course of study of at least no
  490  less than 120 hours which that covers all of the following
  491  components of a home: structure, electrical system, HVAC system,
  492  roof covering, plumbing system, interior components, exterior
  493  components, and site conditions that affect the structure.
  494         (3) The department shall review and approve courses of
  495  study in home inspection.
  496         (4) The department may review and approve examinations by a
  497  nationally recognized entity that offers programs or sets
  498  standards that ensure competence as a home inspector.
  499         (5)(a) “Good moral character” means a personal history of
  500  honesty, fairness, and respect for the rights of others and for
  501  the laws of this state and nation.
  502         (b) The department may refuse to certify an applicant for
  503  failure to satisfy this requirement only if:
  504         1. There is a substantial connection between the lack of
  505  good moral character of the applicant and the professional
  506  responsibilities of a licensed home inspector; and
  507         2. The finding by the department of lack of good moral
  508  character is supported by clear and convincing evidence.
  509         (c) When an applicant is found to be unqualified for a
  510  license because of lack of good moral character, the department
  511  shall furnish the applicant a statement containing the findings
  512  of the department, a complete record of the evidence upon which
  513  the determination was based, and a notice of the rights of the
  514  applicant to a rehearing and appeal.
  515         (6)An applicant for an initial license shall submit, along
  516  with the application, a complete set of electronic fingerprints
  517  in a form and manner required by the department. The
  518  fingerprints shall be submitted to the Department of Law
  519  Enforcement for state processing, and the Department of Law
  520  Enforcement shall forward them to the Federal Bureau of
  521  Investigation for a level 2 background check pursuant to s.
  522  435.04. The department shall review the background results to
  523  determine if an applicant meets the requirements for licensure.
  524  The cost of the fingerprint processing shall be borne by the
  525  applicant. These fees shall be collected by the authorized
  526  agencies or vendors. The authorized agencies or vendors shall
  527  pay the processing costs to the Department of Law Enforcement.
  528         (7)(6) The department may adopt rules pursuant to ss.
  529  120.536(1) and 120.54 to implement the provisions of this
  530  section.
  531         Section 14. Section 468.8318, Florida Statutes, is amended
  532  to read:
  533         468.8318 Certification of corporations and partnerships.—
  534         (1)The department shall issue a certificate of
  535  authorization to a corporation or partnership offering home
  536  inspection services to the public if the corporation or
  537  partnership satisfies all of the requirements of this part.
  538         (2) The practice of or the offer to practice home
  539  inspection services by licensees through a corporation or
  540  partnership offering home inspection services to the public, or
  541  by a corporation or partnership offering such services to the
  542  public through licensees under this part as agents, employees,
  543  officers, or partners, is permitted subject to the provisions of
  544  this part, provided that all personnel of the corporation or
  545  partnership who act in its behalf as home inspectors in this
  546  state are licensed as provided by this part; and further
  547  provided that the corporation or partnership has been issued a
  548  certificate of authorization by the department as provided in
  549  this section. Nothing in this section shall be construed to
  550  allow a corporation to hold a license to practice home
  551  inspection services. No corporation or partnership shall be
  552  relieved of responsibility for the conduct or acts of its
  553  agents, employees, or officers by reason of its compliance with
  554  this section, nor shall any individual practicing home
  555  inspection services be relieved of responsibility for
  556  professional services performed by reason of his or her
  557  employment or relationship with a corporation or partnership.
  558         (3)For the purposes of this section, a certificate of
  559  authorization shall be required for a corporation, partnership,
  560  association, or person practicing under a fictitious name and
  561  offering home inspection services to the public; however, when
  562  an individual is practicing home inspection services in his or
  563  her own given name, he or she shall not be required to register
  564  under this section.
  565         (4)Each certificate of authorization shall be renewed
  566  every 2 years. Each partnership and corporation certified under
  567  this section shall notify the department within 1 month of any
  568  change in the information contained in the application upon
  569  which the certification is based.
  570         (5)Disciplinary action against a corporation or
  571  partnership shall be administered in the same manner and on the
  572  same grounds as disciplinary action against a licensed home
  573  inspector.
  574         Section 15. Notwithstanding section 4 of chapter 2007-235,
  575  Laws of Florida, paragraphs (a) and (b) of subsection (1) of
  576  section 468.8319, Florida Statutes, shall take effect July 1,
  577  2011.
  578         Section 16. Section 468.8319, Florida Statutes, is amended
  579  to read:
  580         468.8319 Prohibitions; penalties.—
  581         (1) A person home inspector, a company that employs a home
  582  inspector, or a company that is controlled by a company that
  583  also has a financial interest in a company employing a home
  584  inspector may not:
  585         (a) Practice or offer to practice home inspection services
  586  unless the person has complied with the provisions of this part;
  587         (b) Use the name or title “certified home inspector,”
  588  “registered home inspector,” “licensed home inspector,” “home
  589  inspector,” “professional home inspector,” or any combination
  590  thereof unless the person has complied with the provisions of
  591  this part;
  592         (c) Present as his or her own the license of another;
  593         (d) Knowingly give false or forged evidence to the
  594  department or an employee thereof;
  595         (e) Use or attempt to use a license that has been suspended
  596  or revoked;
  597         (f) Perform or offer to perform, prior to closing, for any
  598  additional fee, any repairs to a home on which the inspector or
  599  the inspector’s company has prepared a home inspection report.
  600  This paragraph does not apply to a home warranty company that is
  601  affiliated with or retains a home inspector to perform repairs
  602  pursuant to a claim made under a home warranty contract;
  603         (g) Inspect for a fee any property in which the inspector
  604  or the inspector’s company has any financial or transfer
  605  interest;
  606         (h) Offer or deliver any compensation, inducement, or
  607  reward to any broker or agent therefor for the referral of the
  608  owner of the inspected property to the inspector or the
  609  inspection company; or
  610         (i) Accept an engagement to make an omission or prepare a
  611  report in which the inspection itself, or the fee payable for
  612  the inspection, is contingent upon either the conclusions in the
  613  report, preestablished findings, or the close of escrow.
  614         (2) Any person who is found to be in violation of any
  615  provision of this section commits a misdemeanor of the first
  616  degree, punishable as provided in s. 775.082 or s. 775.083.
  617         Section 17. Subsection (1) of section 468.832, Florida
  618  Statutes, is amended to read:
  619         468.832 Disciplinary proceedings.—
  620         (1) The following acts constitute grounds for which the
  621  disciplinary actions in subsection (2) may be taken:
  622         (a) Violation of any provision of this part or s.
  623  455.227(1).;
  624         (b) Attempting to procure a license to practice home
  625  inspection services by bribery or fraudulent misrepresentation.;
  626         (c) Having a license to practice home inspection services
  627  revoked, suspended, or otherwise acted against, including the
  628  denial of licensure, by the licensing authority of another
  629  state, territory, or country.;
  630         (d) Being convicted or found guilty of, or entering a plea
  631  of nolo contendere to, regardless of adjudication, a crime in
  632  any jurisdiction that directly relates to the practice of home
  633  inspection services or the ability to practice home inspection
  634  services.;
  635         (e) Making or filing a report or record that the licensee
  636  knows to be false, willfully failing to file a report or record
  637  required by state or federal law, willfully impeding or
  638  obstructing such filing, or inducing another person to impede or
  639  obstruct such filing. Such reports or records shall include only
  640  those that are signed in the capacity of a licensed home
  641  inspector.;
  642         (f) Advertising goods or services in a manner that is
  643  fraudulent, false, deceptive, or misleading in form or content.;
  644         (g) Engaging in fraud or deceit, or negligence,
  645  incompetency, or misconduct, in the practice of home inspection
  646  services.;
  647         (h) Failing to perform any statutory or legal obligation
  648  placed upon a licensed home inspector; violating any provision
  649  of this chapter, a rule of the department, or a lawful order of
  650  the department previously entered in a disciplinary hearing; or
  651  failing to comply with a lawfully issued subpoena of the
  652  department.; or
  653         (i) Practicing on a revoked, suspended, inactive, or
  654  delinquent license.
  655         (j)Failing to meet any standard of practice adopted by
  656  rule of the department.
  657         Section 18. Section 468.8324, Florida Statutes, is amended
  658  to read:
  659         468.8324 Grandfather clause.—A person who performs home
  660  inspection services as defined in this part may qualify to be
  661  licensed by the department as a home inspector if the person
  662  submits an application to the department postmarked no later
  663  than March 1, 2011, showing that the applicant:
  664         (1)(a)Has been certified as a home inspector by a state or
  665  national association that required successful completion of a
  666  proctored examination on home inspection, as defined in this
  667  part for certification, and has completed at least 14 hours of
  668  verifiable education on home inspection; or
  669         (b)Has at least 3 years experience as a home inspector at
  670  the time of application and has completed 14 hours of verifiable
  671  education on home inspection. Applicants must provide 120 home
  672  inspection reports based on home inspections, as defined by this
  673  part, to establish the 3 years of experience required by this
  674  subsection. The department may conduct investigations regarding
  675  the validity of home inspection reports submitted pursuant to
  676  this section and take disciplinary action pursuant to s. 468.832
  677  for the filing of false reports; and
  678         (2)(a)Has not, within 5 years following the date of
  679  application, had a home inspector license, or a license in a
  680  related field, revoked, suspended, or assessed a fine in excess
  681  of $500. For purposes of this part, a license in a related field
  682  includes, but is not limited to, licensure in real estate,
  683  construction, mold remediation, mold assessment, or building
  684  code administration or inspection;
  685         (b)Submits to and is not disqualified by the results of
  686  the criminal background check under s. 468.8313;
  687         (c) Is of good moral character as defined in s. 468.8313;
  688  and
  689         (d) Has the general liability insurance required by s.
  690  468.8322 meets the licensure requirements of this part by July
  691  1, 2010.
  692         Section 19. Section 468.8325, Florida Statutes, is created
  693  to read:
  694         468.8325Rulemaking authority.—The department shall adopt
  695  rules to administer this part.
  696         Section 20. Subsections (6), (7), (8), (9), and (10) of
  697  section 468.8412, Florida Statutes, are amended to read:
  698         468.8412 Fees.—
  699         (6)The fee for a biennial certificate of authorization
  700  renewal shall not exceed $400.
  701         (6)(7) The fee for licensure by endorsement shall not
  702  exceed $200.
  703         (7)(8) The fee for application for inactive status shall
  704  not exceed $100.
  705         (8)(9) The fee for reactivation of an inactive license
  706  shall not exceed $200.
  707         (9)(10) The fee for applications from providers of
  708  continuing education may not exceed $500.
  709         Section 21. Subsections (1) and (2) of section 468.8413,
  710  Florida Statutes, are amended to read:
  711         468.8413 Examinations.—
  712         (1) A person desiring to be licensed as a mold assessor or
  713  mold remediator shall apply to the department after satisfying
  714  the examination requirements of this part to take a licensure
  715  examination.
  716         (2) An applicant is qualified shall be entitled to take the
  717  licensure examination to practice in this state as a mold
  718  assessor or mold remediator if the applicant has passed the
  719  required examination, is of good moral character, and has
  720  satisfied one of the following requirements:
  721         (a)1. For a mold remediator, at least an associate of arts
  722  a 2-year degree or an equivalent degree and the completion of at
  723  least 30 semester hours in microbiology, engineering,
  724  architecture, industrial hygiene, occupational safety, or a
  725  related field of science from an accredited institution and a
  726  minimum of 1 year of documented field experience in a field
  727  related to mold remediation; or
  728         2. A high school diploma or the equivalent with a minimum
  729  of 4 years of documented field experience in a field related to
  730  mold remediation.
  731         (b)1. For a mold assessor, at least an associate of arts a
  732  2-year degree or an equivalent degree and the completion of at
  733  least 30 semester hours in microbiology, engineering,
  734  architecture, industrial hygiene, occupational safety, or a
  735  related field of science from an accredited institution and a
  736  minimum of 1 year of documented field experience in conducting
  737  microbial sampling or investigations; or
  738         2. A high school diploma or the equivalent with a minimum
  739  of 4 years of documented field experience in conducting
  740  microbial sampling or investigations.
  741         Section 22. Subsection (3) of section 468.8414, Florida
  742  Statutes, is amended to read:
  743         468.8414 Licensure.—
  744         (3) The department shall certify as qualified for a license
  745  by endorsement an applicant who:
  746         (a) Is of good moral character;
  747         (b) Possesses the liability insurance required by s.
  748  468.8421; and:
  749         (c)1.(a) Is qualified to take the examination as set forth
  750  in s. 468.8413 and has passed a certification examination
  751  offered by a nationally recognized organization that certifies
  752  persons in the specialty of mold assessment or mold remediation
  753  that has been approved by the department as substantially
  754  equivalent to the requirements of this part and s. 455.217; or
  755         2.(b) Holds a valid license to practice mold assessment or
  756  mold remediation issued by another state or territory of the
  757  United States if the criteria for issuance of the license were
  758  substantially the same as the licensure criteria that is
  759  established by this part as determined by the department.
  760         Section 23. Section 468.8418, Florida Statutes, is amended
  761  to read:
  762         468.8418 Certification of partnerships and corporations.—
  763         (1)The department shall issue a certificate of
  764  authorization to a corporation or partnership offering mold
  765  assessment or mold remediation services to the public if the
  766  corporation or partnership satisfies all of the requirements of
  767  this part.
  768         (2) The practice of or the offer to practice mold
  769  assessment or mold remediation by licensees through a
  770  corporation or partnership offering mold assessment or mold
  771  remediation to the public, or by a corporation or partnership
  772  offering such services to the public through licensees under
  773  this part as agents, employees, officers, or partners, is
  774  permitted subject to the provisions of this part, provided that
  775  the corporation or partnership has been issued a certificate of
  776  authorization by the department as provided in this section.
  777  Nothing in this section shall be construed to allow a
  778  corporation to hold a license to practice mold assessment or
  779  mold remediation. No corporation or partnership shall be
  780  relieved of responsibility for the conduct or acts of its
  781  agents, employees, or officers by reason of its compliance with
  782  this section, nor shall any individual practicing mold
  783  assessment or mold remediation be relieved of responsibility for
  784  professional services performed by reason of his or her
  785  employment or relationship with a corporation or partnership.
  786         (3)For the purposes of this section, a certificate of
  787  authorization shall be required for a corporation, partnership,
  788  association, or person practicing under a fictitious name,
  789  offering mold assessment or mold remediation; however, when an
  790  individual is practicing mold assessment or mold remediation
  791  under his or her own given name, he or she shall not be required
  792  to register under this section.
  793         (4)Each certificate of authorization shall be renewed
  794  every 2 years. Each partnership and corporation certified under
  795  this section shall notify the department within 1 month of any
  796  change in the information contained in the application upon
  797  which the certification is based.
  798         (5)Disciplinary action against a corporation or
  799  partnership shall be administered in the same manner and on the
  800  same grounds as disciplinary action against a licensed mold
  801  assessor or mold remediator.
  802         Section 24. Subsection (1) of section 468.8419, Florida
  803  Statutes, is amended to read:
  804         468.8419 Prohibitions; penalties.—
  805         (1) A person mold assessor, a company that employs a mold
  806  assessor, or a company that is controlled by a company that also
  807  has a financial interest in a company employing a mold assessor
  808  may not:
  809         (a) Perform or offer to perform any mold assessment unless
  810  the mold assessor has documented training in water, mold, and
  811  respiratory protection under s. 468.8414(2).
  812         (b) Perform or offer to perform any mold assessment unless
  813  the person has complied with the provisions of this part.
  814         (c) Use the name or title “certified mold assessor,”
  815  “registered mold assessor,” “licensed mold assessor,” “mold
  816  assessor,” “professional mold assessor,” or any combination
  817  thereof unless the person has complied with the provisions of
  818  this part.
  819         (d) Perform or offer to perform any mold remediation to a
  820  structure on which the mold assessor or the mold assessor’s
  821  company provided a mold assessment within the last 12 months.
  822         (e) Inspect for a fee any property in which the assessor or
  823  the assessor’s company has any financial or transfer interest.
  824         (f) Accept any compensation, inducement, or reward from a
  825  mold remediator or mold remediator’s company for the referral of
  826  any business to the mold remediator or the mold remediator’s
  827  company.
  828         (g) Offer any compensation, inducement, or reward to a mold
  829  remediator or mold remediator’s company for the referral of any
  830  business from the mold remediator or the mold remediator’s
  831  company.
  832         (h) Accept an engagement to make an omission of the
  833  assessment or conduct an assessment in which the assessment
  834  itself, or the fee payable for the assessment, is contingent
  835  upon the conclusions of the assessment.
  836         Section 25. Notwithstanding section 4 of chapter 2007-235,
  837  Laws of Florida, paragraphs (a) and (b) of subsection (1) of
  838  section 468.8419, Florida Statutes, shall take effect July 1,
  839  2011.
  840         Section 26. Subsection (1) of section 468.842, Florida
  841  Statutes, is amended to read:
  842         468.842 Disciplinary proceedings.—
  843         (1) The following acts constitute grounds for which the
  844  disciplinary actions in subsection (2) may be taken:
  845         (a) Violation of any provision of this part or s.
  846  455.227(1).;
  847         (b) Attempting to procure a license to practice mold
  848  assessment or mold remediation by bribery or fraudulent
  849  misrepresentations.;
  850         (c) Having a license to practice mold assessment or mold
  851  remediation revoked, suspended, or otherwise acted against,
  852  including the denial of licensure, by the licensing authority of
  853  another state, territory, or country.;
  854         (d) Being convicted or found guilty of, or entering a plea
  855  of nolo contendere to, regardless of adjudication, a crime in
  856  any jurisdiction that directly relates to the practice of mold
  857  assessment or mold remediation or the ability to practice mold
  858  assessment or mold remediation.;
  859         (e) Making or filing a report or record that the licensee
  860  knows to be false, willfully failing to file a report or record
  861  required by state or federal law, willfully impeding or
  862  obstructing such filing, or inducing another person to impede or
  863  obstruct such filing. Such reports or records shall include only
  864  those that are signed in the capacity of a registered mold
  865  assessor or mold remediator.;
  866         (f) Advertising goods or services in a manner that is
  867  fraudulent, false, deceptive, or misleading in form or content.;
  868         (g) Engaging in fraud or deceit, or negligence,
  869  incompetency, or misconduct, in the practice of mold assessment
  870  or mold remediation.;
  871         (h) Failing to perform any statutory or legal obligation
  872  placed upon a licensed mold assessor or mold remediator;
  873  violating any provision of this chapter, a rule of the
  874  department, or a lawful order of the department previously
  875  entered in a disciplinary hearing; or failing to comply with a
  876  lawfully issued subpoena of the department.; or
  877         (i) Practicing on a revoked, suspended, inactive, or
  878  delinquent license.
  879         (j) Failing to meet a standard of practice adopted by rule
  880  of the department.
  881         Section 27. Section 468.8421, Florida Statutes, is amended
  882  to read:
  883         468.8421 Insurance.—
  884         (1) A mold assessor shall maintain general liability and
  885  errors and omissions insurance coverage in an amount of not less
  886  than $1,000,000. The insurance must cover preliminary and
  887  postremediation activities.
  888         (2) A mold remediator shall maintain a general liability
  889  insurance policy in an amount of not less than $1,000,000 that
  890  includes specific coverage for mold-related claims.
  891         Section 28. Section 468.8423, Florida Statutes, is amended
  892  to read:
  893         468.8423 Grandfather clause.—A person who performs mold
  894  assessment or mold remediation as defined in this part may
  895  qualify to be licensed by the department as a mold assessor or
  896  mold remediator if the person submits an application to the
  897  department postmarked no later than March 1, 2011, showing that
  898  the applicant:
  899         (1)Has been certified as a mold assessor or mold
  900  remediator by a state or national association that required
  901  successful completion of a proctored examination for
  902  certification and has completed at least 60 hours of education
  903  for an assessor and 30 hours of education for a remediator; or
  904         (2)Has at least 3 years experience as a mold assessor or
  905  mold remediator at the time of application. Applicants must
  906  provide 40 invoices for mold assessments or mold remediations,
  907  as defined by this part, to establish the 3 years of experience
  908  required by this subsection. The department may conduct
  909  investigations regarding the validity of invoices for mold
  910  assessments or mold remediations submitted pursuant to this
  911  section and take disciplinary action pursuant to s. 468.842 for
  912  submitting false information; and
  913         (3)(a)Has not, within 5 years following the date of
  914  application, had a mold assessor or mold remediator, or a
  915  license in a related field, revoked, suspended, or assessed a
  916  fine in excess of $500. For purposes of this part, a license in
  917  a related field includes, but is not limited to, licensure in
  918  real estate, construction, home inspection, building code
  919  administration or inspection, or indoor air quality; and
  920         (b) Is of good moral character as defined in s. 468.8413;
  921  and
  922         (c) Has the general liability insurance required by s.
  923  468.8421 meets the licensure requirements of this part by July
  924  1, 2010.
  925         Section 29. Section 468.8424, Florida Statutes, is created
  926  to read:
  927         468.8424Rulemaking authority.—The department shall adopt
  928  rules to administer this part.
  929         Section 30. Subsection (2) of section 474.203, Florida
  930  Statutes, is amended to read:
  931         474.203 Exemptions.—This chapter shall not apply to:
  932         (2) A person practicing as an intern or resident
  933  veterinarian who does not hold a valid license issued under this
  934  chapter and who is a graduate in training at a school or college
  935  of veterinary medicine located in this state and accredited by
  936  the American Veterinary Medical Association Council on Education
  937  or a school or college recognized by the American Veterinary
  938  Medical Association Commission for Foreign Veterinary Graduates.
  939  Such intern or resident must be a graduate of a school or
  940  college of veterinary medicine accredited by the American
  941  Veterinary Medical Association Council on Education or a school
  942  or college recognized by the American Veterinary Medical
  943  Association Commission for Foreign Veterinary Graduates. This
  944  exemption expires when such intern or resident completes or is
  945  terminated from such training. Each school or college at which
  946  such intern or resident is in training shall, on July 1 of each
  947  year, provide the board with a written list of all such interns
  948  or residents designated for this exemption, and the school or
  949  college shall also notify the board of any additions or
  950  deletions to the list. For the purposes of chapters 465 and 893,
  951  persons exempt pursuant to subsection (1), this subsection (2),
  952  or subsection (4) are deemed to be duly licensed practitioners
  953  authorized by the laws of this state to prescribe drugs or
  954  medicinal supplies.
  955         Section 31. Paragraph (a) of subsection (1) of section
  956  475.175, Florida Statutes, is amended to read:
  957         475.175 Examinations.—
  958         (1) A person shall be entitled to take the license
  959  examination to practice in this state if the person:
  960         (a) Submits to the department the appropriate
  961  electronically authenticated application and fee, and digital a
  962  fingerprint data card. The digital fingerprints fingerprint card
  963  shall be forwarded to the Division of Criminal Justice
  964  Information Systems within the Department of Law Enforcement for
  965  purposes of processing the fingerprint card to determine if the
  966  applicant has a criminal history record. The fingerprints
  967  fingerprint card shall also be forwarded to the Federal Bureau
  968  of Investigation for purposes of processing the fingerprint card
  969  to determine whether if the applicant has a criminal history
  970  record. The information obtained by the processing of the
  971  fingerprints fingerprint card by the Florida Department of Law
  972  Enforcement and the Federal Bureau of Investigation shall be
  973  sent to the department for the purpose of determining if the
  974  applicant is statutorily qualified for examination. Effective
  975  July 1, 2006, an applicant shall provide fingerprints in
  976  electronic format.
  977         Section 32. Subsection (1) of section 475.613, Florida
  978  Statutes, is amended to read:
  979         475.613 Florida Real Estate Appraisal Board.—
  980         (1) There is created the Florida Real Estate Appraisal
  981  Board, which shall consist of seven members appointed by the
  982  Governor, subject to confirmation by the Senate. Four members of
  983  the board must be real estate appraisers who have been engaged
  984  in the general practice of appraising real property in this
  985  state for at least 5 years immediately preceding appointment. In
  986  appointing real estate appraisers to the board, while not
  987  excluding other appraisers, the Governor shall give preference
  988  to real estate appraisers who are not primarily engaged in real
  989  estate brokerage or mortgage lending activities. One member of
  990  the board must represent organizations that use appraisals for
  991  the purpose of eminent domain proceedings, financial
  992  transactions, or mortgage insurance. Two members of the board
  993  shall be representatives of the general public and shall not be
  994  connected in any way with the practice of real estate appraisal,
  995  real estate brokerage, or mortgage lending. The appraiser
  996  members shall be as representative of the entire industry as
  997  possible, and membership in a nationally recognized or state
  998  recognized appraisal organization shall not be a prerequisite to
  999  membership on the board. To the extent possible, no more than
 1000  two members of the board shall be primarily affiliated with any
 1001  one particular national or state appraisal association. Two of
 1002  the members must be licensed or certified residential real
 1003  estate appraisers and two of the members must be certified
 1004  general real estate appraisers at the time of their appointment.
 1005         (a) Members of the board shall be appointed for 4-year
 1006  terms. Any vacancy occurring in the membership of the board
 1007  shall be filled by appointment by the Governor for the unexpired
 1008  term. Upon expiration of her or his term, a member of the board
 1009  shall continue to hold office until the appointment and
 1010  qualification of the member’s successor. A member may not be
 1011  appointed for more than two consecutive terms. The Governor may
 1012  remove any member for cause.
 1013         (b) The headquarters for the board shall be in Orlando.
 1014         (c) The board shall meet at least once each calendar
 1015  quarter to conduct its business.
 1016         (d) The members of the board shall elect a chairperson at
 1017  the first meeting each year.
 1018         (e) Each member of the board is entitled to per diem and
 1019  travel expenses as set by legislative appropriation for each day
 1020  that the member engages in the business of the board.
 1021         Section 33. Subsections (3) through (8) of section 477.019,
 1022  Florida Statutes, are amended to read:
 1023         477.019 Cosmetologists; qualifications; licensure;
 1024  supervised practice; license renewal; endorsement; continuing
 1025  education.—
 1026         (3)An application for the licensure examination for any
 1027  license under this section may be submitted for examination
 1028  approval in the last 100 hours of training by a pregraduate of a
 1029  licensed cosmetology school or a program within the public
 1030  school system, which school or program is certified by the
 1031  Department of Education with fees as required in paragraph
 1032  (2)(b). Upon approval, the applicant may schedule the
 1033  examination on a date when the training hours are completed. An
 1034  applicant shall have 6 months from the date of approval to take
 1035  the examination. After the 6 months have passed, if the
 1036  applicant failed to take the examination, the applicant must
 1037  reapply. The board shall establish by rule the procedures for
 1038  the pregraduate application process.
 1039         (3)(4) Upon an applicant receiving a passing grade, as
 1040  established by board rule, on the examination and paying the
 1041  initial licensing fee, the department shall issue a license to
 1042  practice cosmetology.
 1043         (4)(5) If an applicant passes all parts of the examination
 1044  for licensure as a cosmetologist, he or she may practice in the
 1045  time between passing the examination and receiving a physical
 1046  copy of his or her license if he or she practices under the
 1047  supervision of a licensed cosmetologist in a licensed salon. An
 1048  applicant who fails any part of the examination may not practice
 1049  as a cosmetologist and may immediately apply for reexamination.
 1050         (5)(6) Renewal of license registration shall be
 1051  accomplished pursuant to rules adopted by the board.
 1052         (6)(7) The board shall adopt rules specifying procedures
 1053  for the licensure by endorsement of practitioners desiring to be
 1054  licensed in this state who hold a current active license in
 1055  another state and who have met qualifications substantially
 1056  similar to, equivalent to, or greater than the qualifications
 1057  required of applicants from this state.
 1058         (7)(8)(a) The board shall prescribe by rule continuing
 1059  education requirements intended to ensure protection of the
 1060  public through updated training of licensees and registered
 1061  specialists, not to exceed 16 hours biennially, as a condition
 1062  for renewal of a license or registration as a specialist under
 1063  this chapter. Continuing education courses shall include, but
 1064  not be limited to, the following subjects as they relate to the
 1065  practice of cosmetology: human immunodeficiency virus and
 1066  acquired immune deficiency syndrome; Occupational Safety and
 1067  Health Administration regulations; workers’ compensation issues;
 1068  state and federal laws and rules as they pertain to
 1069  cosmetologists, cosmetology, salons, specialists, specialty
 1070  salons, and booth renters; chemical makeup as it pertains to
 1071  hair, skin, and nails; and environmental issues. Courses given
 1072  at cosmetology conferences may be counted toward the number of
 1073  continuing education hours required if approved by the board.
 1074         (b) Any person whose occupation or practice is confined
 1075  solely to hair braiding, hair wrapping, or body wrapping is
 1076  exempt from the continuing education requirements of this
 1077  subsection.
 1078         (c) The board may, by rule, require any licensee in
 1079  violation of a continuing education requirement to take a
 1080  refresher course or refresher course and examination in addition
 1081  to any other penalty. The number of hours for the refresher
 1082  course may not exceed 48 hours.
 1083         Section 34. Section 509.211, Florida Statutes, is amended
 1084  to read:
 1085         509.211 Safety regulations.—
 1086         (1) Each bedroom or apartment in each public lodging
 1087  establishment shall be equipped with an approved locking device
 1088  on each door opening to the outside, to an adjoining room or
 1089  apartment, or to a hallway.
 1090         (2)(a) It is unlawful for any person to use within any
 1091  public lodging establishment or public food service
 1092  establishment any fuel-burning wick-type equipment for space
 1093  heating unless such equipment is vented so as to prevent the
 1094  accumulation of toxic or injurious gases or liquids.
 1095         (b) Any person who violates the provisions of paragraph (a)
 1096  commits a misdemeanor of the second degree, punishable as
 1097  provided in s. 775.082 or s. 775.083.
 1098         (3) Each public lodging establishment that is three or more
 1099  stories in height must have safe and secure railings on all
 1100  balconies, platforms, and stairways, and all such railings must
 1101  be properly maintained and repaired. The division may impose
 1102  administrative sanctions for violations of this subsection
 1103  pursuant to s. 509.261.
 1104         (4)Every enclosed space or room that contains a boiler
 1105  regulated under chapter 554 which is fired by the direct
 1106  application of energy from the combustion of fuels and that is
 1107  located in any portion of a public lodging establishment that
 1108  also contains sleeping rooms shall be equipped with one or more
 1109  carbon monoxide sensor devices that bear the label of a
 1110  nationally recognized testing laboratory and have been tested
 1111  and listed as complying with the most recent Underwriters
 1112  Laboratories, Inc., Standard 2034, or its equivalent, unless it
 1113  is determined that carbon monoxide hazards have otherwise been
 1114  adequately mitigated as determined by the division. Such devices
 1115  shall be integrated with the public lodging establishment’s fire
 1116  detection system. Any such installation or determination shall
 1117  be made in accordance with rules adopted by the division.
 1118         Section 35. Section 548.076, Florida Statutes, is created
 1119  to read:
 1120         548.076Cease and desist notices.—When the department has
 1121  probable cause to believe that any person not licensed by the
 1122  commission has violated any provision of this chapter, or any
 1123  rule adopted pursuant thereto, the department may issue and
 1124  deliver to such person a notice to cease and desist from such
 1125  violation pursuant to s. 455.228.
 1126         Section 36. Present subsections (4) and (5) of section
 1127  554.108, Florida Statutes, are renumbered as subsections (5) and
 1128  (6), respectively, and a new subsection (4) is added to that
 1129  section, to read:
 1130         554.108 Inspection.—
 1131         (4) A boiler that is fired by the direct application of
 1132  energy from the combustion of fuels and that is located within a
 1133  portion of a public lodging establishment containing sleeping
 1134  rooms shall be equipped with one or more carbon monoxide sensor
 1135  devices that bear the label of a nationally recognized testing
 1136  laboratory and have been tested and listed as complying with the
 1137  most recent Underwriters Laboratories, Inc., Standard 2034, or
 1138  its equivalent, unless the department determines that carbon
 1139  monoxide hazards have otherwise been adequately mitigated. Such
 1140  devices shall be integrated with the public lodging
 1141  establishment’s fire detection system. Any such installation or
 1142  determination shall be made in accordance with rules adopted by
 1143  the department. An inspector who inspects a boiler pursuant to
 1144  this section shall also determine whether the location
 1145  containing the boiler contains the carbon monoxide detectors
 1146  required by this subsection.
 1147         Section 37. Subsection (1) of section 561.17, Florida
 1148  Statutes, is amended to read:
 1149         561.17 License and registration applications; approved
 1150  person.—
 1151         (1) Any person, before engaging in the business of
 1152  manufacturing, bottling, distributing, selling, or in any way
 1153  dealing in alcoholic beverages, shall file, with the district
 1154  licensing personnel of the district of the division in which the
 1155  place of business for which a license is sought is located, a
 1156  sworn application in duplicate on forms provided to the district
 1157  licensing personnel by the division. The applicant must be a
 1158  legal or business entity, person, or persons and must include
 1159  all persons, officers, shareholders, and directors of such legal
 1160  or business entity that have a direct or indirect interest in
 1161  the business seeking to be licensed under this part. However,
 1162  the applicant does not include any person who that derives
 1163  revenue from the license solely through a contractual
 1164  relationship with the licensee, the substance of which
 1165  contractual relationship is not related to the control of the
 1166  sale of alcoholic beverages. Before Prior to any application
 1167  being approved, the division may require the applicant to file a
 1168  set of fingerprints on regular United States Department of
 1169  Justice forms for herself or himself and for any person or
 1170  persons interested directly or indirectly with the applicant in
 1171  the business for which the license is being sought, when so
 1172  required by the division. If the applicant or any person who is
 1173  interested with the applicant either directly or indirectly in
 1174  the business or who has a security interest in the license being
 1175  sought or has a right to a percentage payment from the proceeds
 1176  of the business, either by lease or otherwise, is not qualified,
 1177  the application shall be denied by the division. However, any
 1178  company regularly traded on a national securities exchange and
 1179  not over the counter; any insurer, as defined in the Florida
 1180  Insurance Code; or any bank or savings and loan association
 1181  chartered by this state, another state, or the United States
 1182  which has an interest, directly or indirectly, in an alcoholic
 1183  beverage license shall not be required to obtain division
 1184  approval of its officers, directors, or stockholders or any
 1185  change of such positions or interests. A shopping center having
 1186  with five or more stores, one or more of which has an alcoholic
 1187  beverage license and is required under a lease common to all
 1188  shopping center tenants to pay no more than 10 percent of the
 1189  gross proceeds of the business holding the license to the
 1190  shopping center, is shall not be considered as having an
 1191  interest, directly or indirectly, in the license.
 1192         Section 38. For the purpose of incorporating the amendment
 1193  made by this act to section 455.227, Florida Statutes, in a
 1194  reference thereto, paragraph (a) of subsection (2) of section
 1195  468.436, Florida Statutes, is reenacted to read:
 1196         468.436 Disciplinary proceedings.—
 1197         (2) The following acts constitute grounds for which the
 1198  disciplinary actions in subsection (4) may be taken:
 1199         (a) Violation of any provision of s. 455.227(1).
 1200         Section 39. For the purpose of incorporating the amendment
 1201  made by this act to section 455.227, Florida Statutes, in a
 1202  reference thereto, subsection (1) of section 468.832, Florida
 1203  Statutes, is reenacted to read:
 1204         468.832 Disciplinary proceedings.—
 1205         (1) The following acts constitute grounds for which the
 1206  disciplinary actions in subsection (2) may be taken:
 1207         (a) Violation of any provision of this part or s.
 1208  455.227(1);
 1209         (b) Attempting to procure a license to practice home
 1210  inspection services by bribery or fraudulent misrepresentation;
 1211         (c) Having a license to practice home inspection services
 1212  revoked, suspended, or otherwise acted against, including the
 1213  denial of licensure, by the licensing authority of another
 1214  state, territory, or country;
 1215         (d) Being convicted or found guilty of, or entering a plea
 1216  of nolo contendere to, regardless of adjudication, a crime in
 1217  any jurisdiction that directly relates to the practice of home
 1218  inspection services or the ability to practice home inspection
 1219  services;
 1220         (e) Making or filing a report or record that the licensee
 1221  knows to be false, willfully failing to file a report or record
 1222  required by state or federal law, willfully impeding or
 1223  obstructing such filing, or inducing another person to impede or
 1224  obstruct such filing. Such reports or records shall include only
 1225  those that are signed in the capacity of a licensed home
 1226  inspector;
 1227         (f) Advertising goods or services in a manner that is
 1228  fraudulent, false, deceptive, or misleading in form or content;
 1229         (g) Engaging in fraud or deceit, or negligence,
 1230  incompetency, or misconduct, in the practice of home inspection
 1231  services;
 1232         (h) Failing to perform any statutory or legal obligation
 1233  placed upon a licensed home inspector; violating any provision
 1234  of this chapter, a rule of the department, or a lawful order of
 1235  the department previously entered in a disciplinary hearing; or
 1236  failing to comply with a lawfully issued subpoena of the
 1237  department; or
 1238         (i) Practicing on a revoked, suspended, inactive, or
 1239  delinquent license.
 1240         Section 40. For the purpose of incorporating the amendment
 1241  made by this act to section 455.227, Florida Statutes, in a
 1242  reference thereto, subsection (1) of section 468.842, Florida
 1243  Statutes, is reenacted to read:
 1244         468.842 Disciplinary proceedings.—
 1245         (1) The following acts constitute grounds for which the
 1246  disciplinary actions in subsection (2) may be taken:
 1247         (a) Violation of any provision of this part or s.
 1248  455.227(1);
 1249         (b) Attempting to procure a license to practice mold
 1250  assessment or mold remediation by bribery or fraudulent
 1251  misrepresentations;
 1252         (c) Having a license to practice mold assessment or mold
 1253  remediation revoked, suspended, or otherwise acted against,
 1254  including the denial of licensure, by the licensing authority of
 1255  another state, territory, or country;
 1256         (d) Being convicted or found guilty of, or entering a plea
 1257  of nolo contendere to, regardless of adjudication, a crime in
 1258  any jurisdiction that directly relates to the practice of mold
 1259  assessment or mold remediation or the ability to practice mold
 1260  assessment or mold remediation;
 1261         (e) Making or filing a report or record that the licensee
 1262  knows to be false, willfully failing to file a report or record
 1263  required by state or federal law, willfully impeding or
 1264  obstructing such filing, or inducing another person to impede or
 1265  obstruct such filing. Such reports or records shall include only
 1266  those that are signed in the capacity of a registered mold
 1267  assessor or mold remediator;
 1268         (f) Advertising goods or services in a manner that is
 1269  fraudulent, false, deceptive, or misleading in form or content;
 1270         (g) Engaging in fraud or deceit, or negligence,
 1271  incompetency, or misconduct, in the practice of mold assessment
 1272  or mold remediation;
 1273         (h) Failing to perform any statutory or legal obligation
 1274  placed upon a licensed mold assessor or mold remediator;
 1275  violating any provision of this chapter, a rule of the
 1276  department, or a lawful order of the department previously
 1277  entered in a disciplinary hearing; or failing to comply with a
 1278  lawfully issued subpoena of the department; or
 1279         (i) Practicing on a revoked, suspended, inactive, or
 1280  delinquent license.
 1281         Section 41. For the purpose of incorporating the amendment
 1282  made by this act to section 455.227, Florida Statutes, in a
 1283  reference thereto, paragraph (a) of subsection (1) of section
 1284  471.033, Florida Statutes, is reenacted to read:
 1285         471.033 Disciplinary proceedings.—
 1286         (1) The following acts constitute grounds for which the
 1287  disciplinary actions in subsection (3) may be taken:
 1288         (a) Violating any provision of s. 455.227(1), s. 471.025,
 1289  or s. 471.031, or any other provision of this chapter or rule of
 1290  the board or department.
 1291         Section 42. For the purpose of incorporating the amendment
 1292  made by this act to section 455.227, Florida Statutes, in a
 1293  reference thereto, paragraph (a) of subsection (1) of section
 1294  473.323, Florida Statutes, is reenacted to read:
 1295         473.323 Disciplinary proceedings.—
 1296         (1) The following acts constitute grounds for which the
 1297  disciplinary actions in subsection (3) may be taken:
 1298         (a) Violation of any provision of s. 455.227(1) or any
 1299  other provision of this chapter.
 1300         Section 43. For the purpose of incorporating the amendment
 1301  made by this act to section 455.227, Florida Statutes, in a
 1302  reference thereto, paragraph (a) of subsection (1) of section
 1303  475.25, Florida Statutes, is reenacted to read:
 1304         475.25 Discipline.—
 1305         (1) The commission may deny an application for licensure,
 1306  registration, or permit, or renewal thereof; may place a
 1307  licensee, registrant, or permittee on probation; may suspend a
 1308  license, registration, or permit for a period not exceeding 10
 1309  years; may revoke a license, registration, or permit; may impose
 1310  an administrative fine not to exceed $5,000 for each count or
 1311  separate offense; and may issue a reprimand, and any or all of
 1312  the foregoing, if it finds that the licensee, registrant,
 1313  permittee, or applicant:
 1314         (a) Has violated any provision of s. 455.227(1) or s.
 1315  475.42. However, licensees under this part are exempt from the
 1316  provisions of s. 455.227(1)(i).
 1317         Section 44. For the purpose of incorporating the amendment
 1318  made by this act to section 455.227, Florida Statutes, in a
 1319  reference thereto, subsection (1) of section 475.624, Florida
 1320  Statutes, is reenacted to read:
 1321         475.624 Discipline.—The board may deny an application for
 1322  registration or certification; may investigate the actions of
 1323  any appraiser registered, licensed, or certified under this
 1324  part; may reprimand or impose an administrative fine not to
 1325  exceed $5,000 for each count or separate offense against any
 1326  such appraiser; and may revoke or suspend, for a period not to
 1327  exceed 10 years, the registration, license, or certification of
 1328  any such appraiser, or place any such appraiser on probation, if
 1329  it finds that the registered trainee, licensee, or
 1330  certificateholder:
 1331         (1) Has violated any provisions of this part or s.
 1332  455.227(1); however, certificateholders, registrants, and
 1333  licensees under this part are exempt from the provisions of s.
 1334  455.227(1)(i).
 1335         Section 45. For the purpose of incorporating the amendment
 1336  made by this act to section 455.227, Florida Statutes, in a
 1337  reference thereto, paragraph (h) of subsection (1) of section
 1338  476.204, Florida Statutes, is reenacted to read:
 1339         476.204 Penalties.—
 1340         (1) It is unlawful for any person to:
 1341         (h) Violate any provision of s. 455.227(1), s. 476.194, or
 1342  s. 476.214.
 1343         Section 46. For the purpose of incorporating the amendment
 1344  made by this act to section 455.227, Florida Statutes, in a
 1345  reference thereto, paragraph (h) of subsection (1) of section
 1346  477.029, Florida Statutes, is reenacted to read:
 1347         477.029 Penalty.—
 1348         (1) It is unlawful for any person to:
 1349         (h) Violate any provision of s. 455.227(1), s. 477.0265, or
 1350  s. 477.028.
 1351         Section 47. For the purpose of incorporating the amendment
 1352  made by this act to section 455.227, Florida Statutes, in a
 1353  reference thereto, paragraph (a) of subsection (1) of section
 1354  481.225, Florida Statutes, is reenacted to read:
 1355         481.225 Disciplinary proceedings against registered
 1356  architects.—
 1357         (1) The following acts constitute grounds for which the
 1358  disciplinary actions in subsection (3) may be taken:
 1359         (a) Violating any provision of s. 455.227(1), s. 481.221,
 1360  or s. 481.223, or any rule of the board or department lawfully
 1361  adopted pursuant to this part or chapter 455.
 1362         Section 48. For the purpose of incorporating the amendment
 1363  made by this act to section 455.227, Florida Statutes, in a
 1364  reference thereto, paragraph (a) of subsection (1) of section
 1365  481.325, Florida Statutes, is reenacted to read:
 1366         481.325 Disciplinary proceedings.—
 1367         (1) The following acts constitute grounds for which the
 1368  disciplinary actions in subsection (3) may be taken:
 1369         (a) Violation of any provision of s. 455.227(1), s.
 1370  481.321, or s. 481.323.
 1371         Section 49. For the purpose of incorporating the amendment
 1372  made by this act to section 468.832, Florida Statutes, in a
 1373  reference thereto, subsection (2) of section 468.8314, Florida
 1374  Statutes, is reenacted to read:
 1375         468.8314 Licensure.—
 1376         (2) The department shall certify for licensure any
 1377  applicant who satisfies the requirements of s. 468.8313 and who
 1378  has passed the licensing examination. The department may refuse
 1379  to certify any applicant who has violated any of the provisions
 1380  of s. 468.832.
 1381         Section 50. This act shall take effect July 1, 2010.

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