August 23, 2019
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       Florida Senate - 2010                      CS for CS for SB 1330
       
       
       
       By the Committees on General Government Appropriations; and
       Regulated Industries; and Senators Fasano and Altman
       
       
       
       601-05199-10                                          20101330c2
    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         assigning certain programs to regulation by the
    5         department’s Division of Professions; amending ss.
    6         215.37 and 455.017, F.S.; specifying that the
    7         department is responsible for the regulation of
    8         certain professions; amending s. 322.142, F.S.;
    9         authorizing the Department of Highway Safety and Motor
   10         Vehicles to issue reproductions of driver’s licenses
   11         to the Department Business and Professional Regulation
   12         pursuant to an interagency agreement for a specified
   13         purpose; amending s. 455.02, F.S.; authorizing the
   14         temporary professional licensure of the spouses of
   15         active duty members of the United States Armed Forces
   16         under certain circumstances; providing application
   17         requirements; requiring criminal history checks and
   18         fees; creating s. 455.2122, F.S.; authorizing distance
   19         learning courses to satisfy certain licensing
   20         education requirements for community association
   21         managers and real estate brokers and sales associates;
   22         prohibiting requirements for centralized examinations
   23         to complete such education requirements; amending s.
   24         455.2123, F.S.; authorizing distance learning courses
   25         to satisfy certain continuing education requirements
   26         for community association managers, home inspectors,
   27         mold assessors and remediators, and real estate
   28         brokers, sales associates, and appraisers; prohibiting
   29         requirements for centralized examinations to complete
   30         such education requirements; amending s. 455.213,
   31         F.S.; requiring a licensee to surrender his or her
   32         license under certain circumstances; amending s.
   33         455.217, F.S.; revising the departmental unit
   34         responsible for administration of certain
   35         examinations; limiting an applicant’s review of failed
   36         examination questions; amending s. 455.2175, F.S.;
   37         prohibiting an examinee whose examination materials
   38         are confiscated from taking another examination under
   39         certain circumstances; repealing s. 455.2226, F.S.,
   40         relating to continuing education courses on HIV and
   41         AIDS required for licensees and certificateholders
   42         under the Florida Funeral, Cemetery, and Consumer
   43         Services Act; amending s. 455.227, F.S.; revising
   44         grounds for the discipline of professional licensees;
   45         providing penalties; amending s. 455.228, F.S.;
   46         revising terminology for cease and desist notices;
   47         amending s. 455.275, F.S.; providing for the service
   48         of administrative complaints on certain licensees and
   49         publication of certain notices; amending s. 468.83,
   50         F.S.; creating the home inspection services licensing
   51         program within the department; amending s. 468.8311,
   52         F.S.; revising the definition of the term “home
   53         inspection services” for purposes of provisions
   54         regulating home inspectors; amending s. 468.8312,
   55         F.S.; deleting limits on fees for certificates of
   56         authorization to conform to changes made by the act;
   57         amending s. 468.8313, F.S.; requiring home inspector
   58         license applicants to satisfy certain examination
   59         requirements before application for licensure;
   60         requiring criminal history checks and fees; amending
   61         s. 468.8318, F.S.; deleting requirements for
   62         certificates of authorization for corporations or
   63         partnerships offering home inspection services;
   64         amending s. 468.8319, F.S.; prohibiting certain acts
   65         relating to home inspection services; delaying
   66         implementation of certain prohibited acts; providing
   67         penalties; exempting from punishment certain
   68         unlicensed activity occurring before a specified date;
   69         amending s. 468.832, F.S.; providing an additional
   70         ground for discipline of licensed home inspectors;
   71         amending s. 468.8324, F.S.; extending the time for
   72         licensure of home inspectors under certain grandfather
   73         provisions; revising the licensing criteria for such
   74         provisions; authorizing the department to investigate
   75         the validity of home inspection reports submitted for
   76         licensure under the grandfather provisions; providing
   77         penalties for the submission of false reports;
   78         creating s. 468.8325, F.S.; requiring the department
   79         to adopt rules; amending s. 468.84, F.S.; creating the
   80         mold-related services licensing program within the
   81         department; amending s. 468.8412, F.S.; deleting
   82         limits on fees for certificates of authorization to
   83         conform to changes made by the act; amending s.
   84         468.8413, F.S.; requiring mold assessor and mold
   85         remediator license applicants to satisfy certain
   86         examination requirements before application for
   87         licensure; revising the educational requirements for
   88         licensure as a mold assessor or mold remediator;
   89         requiring criminal history checks and fees; amending
   90         s. 468.8414, F.S.; specifying that certain insurance
   91         coverage is required for licensure by endorsement;
   92         amending s. 468.8418, F.S.; deleting requirements for
   93         certificates of authorization for corporations or
   94         partnerships offering mold-related services; amending
   95         s. 468.8419, F.S.; prohibiting certain acts relating
   96         to mold assessment and remediation; delaying
   97         implementation of certain prohibited acts; providing
   98         penalties; exempting from punishment certain
   99         unlicensed activity occurring before a specified date;
  100         amending s. 468.842, F.S.; providing an additional
  101         ground for the discipline of licensed mold assessors
  102         and mold remediators; amending s. 468.8421, F.S.;
  103         revising insurance coverage requirements for mold
  104         assessors; amending s. 468.8423, F.S.; extending the
  105         time for licensure of mold assessors and mold
  106         remediators under certain grandfather provisions;
  107         revising the licensing criteria for such provisions;
  108         authorizing the department to investigate the validity
  109         of mold assessments and remediation invoices submitted
  110         for licensure under the grandfather provisions;
  111         providing penalties for the submission of false
  112         assessments or invoices; creating s. 468.8424, F.S.;
  113         requiring the department to adopt rules; amending s.
  114         474.203, F.S.; revising certain exemptions from
  115         regulation of veterinary medical practice; amending s.
  116         475.02, F.S.; authorizing certain members of the
  117         Florida Real Estate Commission to offer, conduct, and
  118         teach courses prescribed or approved by the commission
  119         or the department; amending s. 475.175, F.S.; revising
  120         the application and fingerprint requirements for real
  121         estate broker and sales associate licenses; deleting a
  122         requirement that license applicants provide
  123         fingerprints in an electronic format; amending s.
  124         475.613, F.S.; revising qualifications of members of
  125         the Florida Real Estate Appraisal Board; authorizing
  126         certain board members to offer, conduct, and teach
  127         courses prescribed or approved by the board or the
  128         department; amending s. 477.019, F.S.; deleting time
  129         limits for cosmetology license applicants to take the
  130         licensure examination; conforming a cross-reference;
  131         amending s. 509.211, F.S.; assigning responsibility
  132         for the regulation of carbon monoxide hazards in
  133         certain public lodging establishments to the Division
  134         of State Fire Marshal of the Department of Financial
  135         Services; creating s. 548.076, F.S.; authorizing the
  136         Department of Business and Professional Regulation to
  137         issue and enforce notices to cease and desist from
  138         violations of provisions regulating pugilistic
  139         exhibitions; providing penalties; amending s. 561.17,
  140         F.S.; revising application requirements for alcoholic
  141         beverage licenses; reenacting ss. 468.436(2)(a),
  142         468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
  143         473.323(1)(a), 475.25(1)(a), 475.624(1),
  144         476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
  145         481.325(1)(a), F.S., relating to disciplinary
  146         proceedings for community association managers, home
  147         inspectors, mold assessors, mold remediators,
  148         engineers, certified public accountants, real estate
  149         brokers and sales associates, real estate appraisers,
  150         barbers, cosmetologists, architects, and landscape
  151         architects, to incorporate the amendment made to s.
  152         455.227, F.S., in references thereto; reenacting s.
  153         468.8314(2), F.S., relating to the licensure of home
  154         inspectors, to incorporate the amendment made to s.
  155         468.832, F.S., in a reference thereto; providing an
  156         effective date.
  157  
  158  Be It Enacted by the Legislature of the State of Florida:
  159  
  160         Section 1. Subsection (4) of section 20.165, Florida
  161  Statutes, is amended to read:
  162         20.165 Department of Business and Professional Regulation.
  163  There is created a Department of Business and Professional
  164  Regulation.
  165         (4)(a) The following boards and programs are established
  166  within the Division of Professions:
  167         1. Board of Architecture and Interior Design, created under
  168  part I of chapter 481.
  169         2. Florida Board of Auctioneers, created under part VI of
  170  chapter 468.
  171         3. Barbers’ Board, created under chapter 476.
  172         4. Florida Building Code Administrators and Inspectors
  173  Board, created under part XII of chapter 468.
  174         5. Construction Industry Licensing Board, created under
  175  part I of chapter 489.
  176         6. Board of Cosmetology, created under chapter 477.
  177         7. Electrical Contractors’ Licensing Board, created under
  178  part II of chapter 489.
  179         8. Board of Employee Leasing Companies, created under part
  180  XI of chapter 468.
  181         9. Board of Landscape Architecture, created under part II
  182  of chapter 481.
  183         10. Board of Pilot Commissioners, created under chapter
  184  310.
  185         11. Board of Professional Engineers, created under chapter
  186  471.
  187         12. Board of Professional Geologists, created under chapter
  188  492.
  189         13. Board of Veterinary Medicine, created under chapter
  190  474.
  191         14. Home inspection services licensing program, created
  192  under part XV of chapter 468.
  193         15. Mold-related services licensing program, created under
  194  part XVI of chapter 468.
  195         (b) The following board and commission are established
  196  within the Division of Real Estate:
  197         1. Florida Real Estate Appraisal Board, created under part
  198  II of chapter 475.
  199         2. Florida Real Estate Commission, created under part I of
  200  chapter 475.
  201         (c) The following board is established within the Division
  202  of Certified Public Accounting:
  203         1. Board of Accountancy, created under chapter 473.
  204         Section 2. Subsection (2) of section 215.37, Florida
  205  Statutes, is amended to read:
  206         215.37 Department of Business and Professional Regulation
  207  and the boards to be financed from fees collected; deposit of
  208  funds; service charge; appropriation.—
  209         (2) The regulation by the department of professions, as
  210  defined in s. 455.01 by the department chapter 455, shall be
  211  financed solely from revenue collected by it from fees and other
  212  charges and deposited in the Professional Regulation Trust Fund,
  213  and all such revenue is hereby appropriated to the department.
  214  However, it is legislative intent that each profession shall
  215  operate within its anticipated fees.
  216         Section 3. Subsection (4) of section 322.142, Florida
  217  Statutes, is amended to read:
  218         322.142 Color photographic or digital imaged licenses.—
  219         (4) The department may maintain a film negative or print
  220  file. The department shall maintain a record of the digital
  221  image and signature of the licensees, together with other data
  222  required by the department for identification and retrieval.
  223  Reproductions from the file or digital record are exempt from
  224  the provisions of s. 119.07(1) and shall be made and issued only
  225  for departmental administrative purposes; for the issuance of
  226  duplicate licenses; in response to law enforcement agency
  227  requests; to the Department of Business and Professional
  228  Regulation pursuant to an interagency agreement for the purpose
  229  of accessing digital images for reproduction of licenses issued
  230  by the Department of Business and Professional Regulation; to
  231  the Department of State pursuant to an interagency agreement to
  232  facilitate determinations of eligibility of voter registration
  233  applicants and registered voters in accordance with ss. 98.045
  234  and 98.075; to the Department of Revenue pursuant to an
  235  interagency agreement for use in establishing paternity and
  236  establishing, modifying, or enforcing support obligations in
  237  Title IV-D cases; to the Department of Children and Family
  238  Services pursuant to an interagency agreement to conduct
  239  protective investigations under part III of chapter 39; or to
  240  the Department of Financial Services pursuant to an interagency
  241  agreement to facilitate the location of owners of unclaimed
  242  property, the validation of unclaimed property claims, and the
  243  identification of fraudulent or false claims.
  244         Section 4. Section 455.017, Florida Statutes, is amended to
  245  read:
  246         455.017 Applicability of this chapter.—The provisions of
  247  This chapter applies apply only to the regulation by the
  248  department of professions by the department.
  249         Section 5. Section 455.02, Florida Statutes, is amended to
  250  read:
  251         455.02 Licensure of members of the Armed Forces in good
  252  standing with administrative boards and their spouses.—
  253         (1) Any member of the Armed Forces of the United States now
  254  or hereafter on active duty who, at the time of becoming such a
  255  member, was in good standing with any administrative board of
  256  the state and was entitled to practice or engage in his or her
  257  profession or vocation in the state shall be kept in good
  258  standing by such administrative board, without registering,
  259  paying dues or fees, or performing any other act on his or her
  260  part to be performed, as long as he or she is a member of the
  261  Armed Forces of the United States on active duty and for a
  262  period of 6 months after discharge from active duty as a member
  263  of the Armed Forces of the United States, if provided he or she
  264  is not engaged in his or her licensed profession or vocation in
  265  the private sector for profit.
  266         (2) The boards listed in s. 20.165 shall adopt promulgate
  267  rules that exempt exempting the spouse spouses of a member
  268  members of the Armed Forces of the United States from licensure
  269  renewal provisions, but only in cases of his or her absence from
  270  the state because of his or her spouse’s their spouses’ duties
  271  with the Armed Forces.
  272         (3)(a) The department may issue a temporary professional
  273  license to the spouse of an active duty member of the Armed
  274  Forces of the United States if the spouse applies to the
  275  department in the format prescribed by the department. An
  276  application must include:
  277         1. Proof that the applicant is married to a member of the
  278  Armed Forces of the United States who is on active duty.
  279         2. Proof that the applicant holds a valid license for the
  280  profession issued by another state, the District of Columbia,
  281  any possession or territory of the United States, or any foreign
  282  jurisdiction.
  283         3. Proof that the applicant’s spouse is assigned to a duty
  284  station in this state and that the applicant is also assigned to
  285  a duty station in this state pursuant to the member’s official
  286  active duty military orders.
  287         4. Proof that a complete set of the applicant’s
  288  fingerprints are submitted to the Department of Law Enforcement
  289  for a statewide criminal history check. The Department of Law
  290  Enforcement shall forward the fingerprints to the Federal Bureau
  291  of Investigation for a national criminal history check. The
  292  department shall, and the board may, review the results of the
  293  criminal history checks according to the level 2 screening
  294  standards in s. 435.04 and determine whether the applicant meets
  295  the licensure requirements. The costs of fingerprint processing
  296  shall be borne by the applicant. If the applicant’s fingerprints
  297  are submitted through an authorized agency or vendor, the agency
  298  or vendor shall collect the required processing fees and remit
  299  the fees to the Department of Law Enforcement.
  300         (b) An application must be accompanied by an application
  301  fee prescribed by the department that is sufficient to cover the
  302  cost of issuance of the temporary license.
  303         (c) A temporary license expires 6 months after the date of
  304  issuance and is not renewable.
  305         Section 6. Section 455.2122, Florida Statutes, is created
  306  to read:
  307         455.2122 Education.—A board, or the department when there
  308  is no board, shall approve distance learning courses as an
  309  alternative to classroom courses to satisfy prelicensure or
  310  postlicensure education requirements in part VIII of chapter 468
  311  or part I of chapter 475. A board, or the department when there
  312  is no board, may not require centralized examinations for
  313  completion of prelicensure or postlicensure education
  314  requirements for professions licensed under part VIII of chapter
  315  468 or part I of chapter 475.
  316         Section 7. Section 455.2123, Florida Statutes, is amended
  317  to read:
  318         455.2123 Continuing education.—A board, or the department
  319  when there is no board, may provide by rule that distance
  320  learning may be used to satisfy continuing education
  321  requirements. A board, or the department when there is no board,
  322  shall approve distance learning courses as an alternative to
  323  classroom courses to satisfy continuing education requirements
  324  in part VIII, part XV, or part XVI of chapter 468 or part I or
  325  part II of chapter 475 and may not require centralized
  326  examinations for completion of continuing education requirements
  327  for the professions licensed under part VIII, part XV, or part
  328  XVI of chapter 468 or part I or part II of chapter 475.
  329         Section 8. Subsection (2) of section 455.213, Florida
  330  Statutes, is amended to read:
  331         455.213 General licensing provisions.—
  332         (2) Before the issuance of any license, the department may
  333  charge an initial license fee as determined by rule of the
  334  applicable board or, if no such board exists, by rule of the
  335  department. Upon receipt of the appropriate license fee, except
  336  as provided in subsection (3), the department shall issue a
  337  license to any person certified by the appropriate board, or its
  338  designee, or the department when there is no board, as having
  339  met the applicable requirements imposed by law or rule. However,
  340  an applicant who is not otherwise qualified for licensure is not
  341  entitled to licensure solely based on a passing score on a
  342  required examination. Upon a determination by the department
  343  that it erroneously issued a license, or upon the revocation of
  344  a license by the applicable board, or by the department when
  345  there is no board, the licensee must surrender his or her
  346  license to the department.
  347         Section 9. Subsections (1) and (3) of section 455.217,
  348  Florida Statutes, are amended to read:
  349         455.217 Examinations.—This section shall be read in
  350  conjunction with the appropriate practice act associated with
  351  each regulated profession under this chapter.
  352         (1) The Division of Professions Service Operations of the
  353  Department of Business and Professional Regulation shall
  354  provide, contract, or approve services for the development,
  355  preparation, administration, scoring, score reporting, and
  356  evaluation of all examinations. The division shall seek the
  357  advice of the appropriate board in providing such services.
  358         (a) The department, acting in conjunction with the Division
  359  of Service Operations, the Division of Professions, and the
  360  Division of Real Estate, as appropriate, shall ensure that
  361  examinations adequately and reliably measure an applicant’s
  362  ability to practice the profession regulated by the department.
  363  After an examination developed or approved by the department has
  364  been administered, the board or department may reject any
  365  question which does not reliably measure the general areas of
  366  competency specified in the rules of the board or department,
  367  when there is no board. The department shall use qualified
  368  outside testing vendors for the development, preparation, and
  369  evaluation of examinations, when such services are economically
  370  and viably available and approved by the department.
  371         (b) For each examination developed by the department or
  372  contracted vendor, to the extent not otherwise specified by
  373  statute, the board or the department when there is no board,
  374  shall by rule specify the general areas of competency to be
  375  covered by the examination, the relative weight to be assigned
  376  in grading each area tested, the score necessary to achieve a
  377  passing grade, and the fees, where applicable, to cover the
  378  actual cost for any purchase, development, and administration of
  379  the required examination. However, statutory fee caps in each
  380  practice act shall apply. This subsection does not apply to
  381  national examinations approved and administered pursuant to
  382  paragraph (d).
  383         (c) If a practical examination is deemed to be necessary,
  384  rules shall specify the criteria by which examiners are to be
  385  selected, the grading criteria to be used by the examiner, the
  386  relative weight to be assigned in grading each criterion, and
  387  the score necessary to achieve a passing grade. When a mandatory
  388  standardization exercise for a practical examination is required
  389  by law, the board may conduct such exercise. Therefore, board
  390  members may serve as examiners at a practical examination with
  391  the consent of the board.
  392         (d) A board, or the department when there is no board, may
  393  approve by rule the use of any national examination which the
  394  department has certified as meeting requirements of national
  395  examinations and generally accepted testing standards pursuant
  396  to department rules. Providers of examinations, which may be
  397  either profit or nonprofit entities, seeking certification by
  398  the department shall pay the actual costs incurred by the
  399  department in making a determination regarding the
  400  certification. The department shall use any national examination
  401  which is available, certified by the department, and approved by
  402  the board. The name and number of a candidate may be provided to
  403  a national contractor for the limited purpose of preparing the
  404  grade tape and information to be returned to the board or
  405  department or, to the extent otherwise specified by rule, the
  406  candidate may apply directly to the vendor of the national
  407  examination. The department may delegate to the board the duty
  408  to provide and administer the examination. Any national
  409  examination approved by a board, or the department when there is
  410  no board, prior to October 1, 1997, is deemed certified under
  411  this paragraph. Any licensing or certification examination that
  412  is not developed or administered by the department in-house or
  413  provided as a national examination shall be competitively bid.
  414         (e) The department shall adopt rules regarding the security
  415  and monitoring of examinations. In order to maintain the
  416  security of examinations, the department may employ the
  417  procedures set forth in s. 455.228 to seek fines and injunctive
  418  relief against an examinee who violates the provisions of s.
  419  455.2175 or the rules adopted pursuant to this paragraph. The
  420  department, or any agent thereof, may, for the purposes of
  421  investigation, confiscate any written, photographic, or
  422  recording material or device in the possession of the examinee
  423  at the examination site which the department deems necessary to
  424  enforce such provisions or rules.
  425         (f) If the professional board with jurisdiction over an
  426  examination concurs, the department may, for a fee, share with
  427  any other state’s licensing authority an examination developed
  428  by or for the department unless prohibited by a contract entered
  429  into by the department for development or purchase of the
  430  examination. The department, with the concurrence of the
  431  appropriate board, shall establish guidelines that ensure
  432  security of a shared exam and shall require that any other
  433  state’s licensing authority comply with those guidelines. Those
  434  guidelines shall be approved by the appropriate professional
  435  board. All fees paid by the user shall be applied to the
  436  department’s examination and development program for professions
  437  regulated by this chapter. All fees paid by the user for
  438  professions not regulated by this chapter shall be applied to
  439  offset the fees for the development and administration of that
  440  profession’s examination. If both a written and a practical
  441  examination are given, an applicant shall be required to retake
  442  only the portion of the examination for which he or she failed
  443  to achieve a passing grade, if he or she successfully passes
  444  that portion within a reasonable time of his or her passing the
  445  other portion.
  446         (3) Except for national examinations approved and
  447  administered pursuant to paragraph (1)(d), the department shall
  448  provide procedures for applicants who have taken and failed an
  449  examination developed by the department or a contracted vendor
  450  to review their most recently administered examination
  451  questions, answers, papers, grades, and grading key for the
  452  questions the candidate answered incorrectly or, if not
  453  feasible, the parts of the examination failed. Applicants shall
  454  bear the actual cost for the department to provide examination
  455  review pursuant to this subsection. An applicant may waive in
  456  writing the confidentiality of his or her examination grades.
  457         Section 10. Section 455.2175, Florida Statutes, is amended
  458  to read:
  459         455.2175 Penalty for theft or reproduction of an
  460  examination.—In addition to, or in lieu of, any other discipline
  461  imposed pursuant to s. 455.227, the theft of an examination in
  462  whole or in part or the act of reproducing or copying any
  463  examination administered by the department, whether such
  464  examination is reproduced or copied in part or in whole and by
  465  any means, constitutes a felony of the third degree, punishable
  466  as provided in s. 775.082, s. 775.083, or s. 775.084. An
  467  examinee whose examination materials are confiscated is not
  468  permitted to take another examination until the criminal
  469  investigation reveals that the examinee did not violate this
  470  section.
  471         Section 11. Section 455.2226, Florida Statutes, is
  472  repealed.
  473         Section 12. Paragraph (c) of subsection (1) of section
  474  455.227, Florida Statutes, is amended to read:
  475         455.227 Grounds for discipline; penalties; enforcement.—
  476         (1) The following acts shall constitute grounds for which
  477  the disciplinary actions specified in subsection (2) may be
  478  taken:
  479         (c) Being convicted or found guilty of, or entering a plea
  480  of guilty or nolo contendere to, regardless of adjudication, a
  481  crime in any jurisdiction which relates to the practice of, or
  482  the ability to practice, a licensee’s profession.
  483         Section 13. Subsection (1) of section 455.228, Florida
  484  Statutes, is amended to read:
  485         455.228 Unlicensed practice of a profession; cease and
  486  desist notice; civil penalty; enforcement; citations; allocation
  487  of moneys collected.—
  488         (1) When the department has probable cause to believe that
  489  any person not licensed by the department, or the appropriate
  490  regulatory board within the department, has violated any
  491  provision of this chapter or any statute that relates to the
  492  practice of a profession regulated by the department, or any
  493  rule adopted pursuant thereto, the department may issue and
  494  deliver to such person a notice to cease and desist from such
  495  violation. In addition, the department may issue and deliver a
  496  notice to cease and desist to any person who aids and abets the
  497  unlicensed practice of a profession by employing such unlicensed
  498  person. The issuance of a notice to cease and desist shall not
  499  constitute agency action for which a hearing under ss. 120.569
  500  and 120.57 may be sought. For the purpose of enforcing a cease
  501  and desist notice order, the department may file a proceeding in
  502  the name of the state seeking issuance of an injunction or a
  503  writ of mandamus against any person who violates any provisions
  504  of such notice order. In addition to the foregoing remedies, the
  505  department may impose an administrative penalty not to exceed
  506  $5,000 per incident pursuant to the provisions of chapter 120 or
  507  may issue a citation pursuant to the provisions of subsection
  508  (3). If the department is required to seek enforcement of the
  509  notice order for a penalty pursuant to s. 120.569, it shall be
  510  entitled to collect its attorney’s fees and costs, together with
  511  any cost of collection.
  512         Section 14. Subsection (3) is added to section 455.275,
  513  Florida Statutes, to read:
  514         455.275 Address of record.—
  515         (3)(a) Notwithstanding any provision of law, when an
  516  administrative complaint is served on a licensee of the
  517  department, the department shall provide service by regular mail
  518  to the licensee’s last known address of record, by certified
  519  mail to the last known address of record, and, if possible, by
  520  e-mail.
  521         (b) If service, as provided in paragraph (a), does not
  522  provide the department with proof of service, the department
  523  shall call the last known telephone number of record and cause a
  524  short, plain notice to the licensee to be published once each
  525  week for 4 consecutive weeks in a newspaper published in the
  526  county of the licensee’s last known address of record. If a
  527  newspaper is not published in the county, the administrative
  528  complaint may be published in a newspaper of general circulation
  529  in the county. If the licensee’s last known address is located
  530  in another state or in a foreign jurisdiction, the
  531  administrative complaint may be published in Leon County
  532  pursuant to s. 120.60(5).
  533         Section 15. Section 468.83, Florida Statutes, is amended to
  534  read:
  535         468.83 Home inspection services licensing program;
  536  purpose.—
  537         (1) There is created within the department the home
  538  inspection services licensing program.
  539         (2) The Legislature recognizes that there is a need to
  540  require the licensing of home inspectors and to ensure that
  541  consumers of home inspection services can rely on the competence
  542  of home inspectors, as determined by educational and experience
  543  requirements and testing. Therefore, the Legislature deems it
  544  necessary in the interest of the public welfare to regulate home
  545  inspectors in this state.
  546         Section 16. Subsection (4) of section 468.8311, Florida
  547  Statutes, is amended to read:
  548         468.8311 Definitions.—As used in this part, the term:
  549         (4) “Home inspection services” means a limited visual
  550  examination of one or more of the following readily accessible
  551  installed systems and components of a home: the structure,
  552  electrical system, HVAC system, roof covering, plumbing system,
  553  interior components, exterior components, and site conditions
  554  that affect the structure, for the purposes of providing a
  555  written professional opinion of the condition of the home.
  556         Section 17. Subsections (5) through (8) of section
  557  468.8312, Florida Statutes, are renumbered as subsections (4)
  558  through (7), respectively, and present subsection (4) of that
  559  section is amended to read:
  560         468.8312 Fees.—
  561         (4) The fee for a certificate of authorization shall not
  562  exceed $125.
  563         Section 18. Subsections (1) and (2) of section 468.8313,
  564  Florida Statutes, are amended, and paragraph (d) is added to
  565  subsection (5) of that section, to read:
  566         468.8313 Examinations.—
  567         (1) A person desiring to be licensed as a home inspector
  568  must shall apply to the department after satisfying the
  569  examination requirements of this part to take a licensure
  570  examination.
  571         (2) An applicant may shall be entitled to take the
  572  licensure examination for the purpose of determining whether he
  573  or she is qualified to practice in this state as a home
  574  inspector if he or she passes the required examination, the
  575  applicant is of good moral character, and completes has
  576  completed a course of study of at least no less than 120 hours
  577  that covers all of the following components of a home:
  578  structure, electrical system, HVAC system, roof covering,
  579  plumbing system, interior components, exterior components, and
  580  site conditions that affect the structure.
  581         (5)
  582         (d) An applicant for a license shall submit, together with
  583  the application, a complete set of electronic fingerprints to
  584  the department. The department shall submit the fingerprints to
  585  the Department of Law Enforcement for state processing, and the
  586  Department of Law Enforcement shall forward the fingerprints to
  587  the Federal Bureau of Investigation for national processing, to
  588  determine whether the applicant has a criminal history record.
  589  The department shall review the background results to determine
  590  whether the applicant meets licensure requirements. The
  591  applicant is responsible for the costs associated with
  592  processing the fingerprints. The authorized agencies or vendors
  593  shall collect such fees and pay for the processing costs due to
  594  the Department of Law Enforcement.
  595         Section 19. Section 468.8318, Florida Statutes, is amended
  596  to read:
  597         468.8318 Certification of corporations and partnerships.—
  598         (1) The department shall issue a certificate of
  599  authorization to a corporation or partnership offering home
  600  inspection services to the public if the corporation or
  601  partnership satisfies all of the requirements of this part.
  602         (2) The practice of or the offer to practice home
  603  inspection services by licensees through a corporation or
  604  partnership offering home inspection services to the public, or
  605  by a corporation or partnership offering such services to the
  606  public through licensees under this part as agents, employees,
  607  officers, or partners, is permitted subject to the provisions of
  608  this part, provided that all personnel of the corporation or
  609  partnership who act in its behalf as home inspectors in this
  610  state are licensed as provided by this part; and further
  611  provided that the corporation or partnership has been issued a
  612  certificate of authorization by the department as provided in
  613  this section. Nothing in this section shall be construed to
  614  allow a corporation to hold a license to practice home
  615  inspection services. No corporation or partnership shall be
  616  relieved of responsibility for the conduct or acts of its
  617  agents, employees, or officers by reason of its compliance with
  618  this section, nor shall any individual practicing home
  619  inspection services be relieved of responsibility for
  620  professional services performed by reason of his or her
  621  employment or relationship with a corporation or partnership.
  622         (3) For the purposes of this section, a certificate of
  623  authorization shall be required for a corporation, partnership,
  624  association, or person practicing under a fictitious name and
  625  offering home inspection services to the public; however, when
  626  an individual is practicing home inspection services in his or
  627  her own given name, he or she shall not be required to register
  628  under this section.
  629         (4) Each certificate of authorization shall be renewed
  630  every 2 years. Each partnership and corporation certified under
  631  this section shall notify the department within 1 month of any
  632  change in the information contained in the application upon
  633  which the certification is based.
  634         (5) Disciplinary action against a corporation or
  635  partnership shall be administered in the same manner and on the
  636  same grounds as disciplinary action against a licensed home
  637  inspector.
  638         Section 20. Section 468.8319, Florida Statutes, is amended
  639  to read:
  640         468.8319 Prohibitions; penalties.—
  641         (1) A person home inspector, a company that employs a home
  642  inspector, or a company that is controlled by a company that
  643  also has a financial interest in a company employing a home
  644  inspector may not:
  645         (a) Effective July 1, 2011, practice or offer to practice
  646  home inspection services unless the person has complied with the
  647  provisions of this part;
  648         (b) Effective July 1, 2011, use the name or title
  649  “certified home inspector,” “registered home inspector,”
  650  “licensed home inspector,” “home inspector,” “professional home
  651  inspector,” or any combination thereof unless the person has
  652  complied with the provisions of this part;
  653         (c) Present as his or her own the license of another;
  654         (d) Knowingly give false or forged evidence to the
  655  department or an employee thereof;
  656         (e) Use or attempt to use a license that has been suspended
  657  or revoked;
  658         (f) Perform or offer to perform, prior to closing, for any
  659  additional fee, any repairs to a home on which the inspector or
  660  the inspector’s company has prepared a home inspection report.
  661  This paragraph does not apply to a home warranty company that is
  662  affiliated with or retains a home inspector to perform repairs
  663  pursuant to a claim made under a home warranty contract;
  664         (g) Inspect for a fee any property in which the inspector
  665  or the inspector’s company has any financial or transfer
  666  interest;
  667         (h) Offer or deliver any compensation, inducement, or
  668  reward to any broker or agent therefor for the referral of the
  669  owner of the inspected property to the inspector or the
  670  inspection company; or
  671         (i) Accept an engagement to make an omission or prepare a
  672  report in which the inspection itself, or the fee payable for
  673  the inspection, is contingent upon either the conclusions in the
  674  report, preestablished findings, or the close of escrow.
  675         (2) Any person who is found to be in violation of any
  676  provision of this section commits a misdemeanor of the first
  677  degree, punishable as provided in s. 775.082 or s. 775.083.
  678         (3) This section does not apply to unlicensed activity as
  679  described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
  680  which occurs before July 1, 2011.
  681         Section 21. Paragraph (j) is added to subsection (1) of
  682  section 468.832, Florida Statutes, to read:
  683         468.832 Disciplinary proceedings.—
  684         (1) The following acts constitute grounds for which the
  685  disciplinary actions in subsection (2) may be taken:
  686         (j) Failing to meet any standard of practice adopted by
  687  rule of the department.
  688         Section 22. Section 468.8324, Florida Statutes, is amended
  689  to read:
  690         468.8324 Grandfather clause.—
  691         (1) A person who performs home inspection services as
  692  defined in this part may qualify for licensure to be licensed by
  693  the department as a home inspector if the person submits his or
  694  her application to the department by March 1, 2011, whether
  695  postmarked or delivered by that date, and if the person: meets
  696  the licensure requirements of this part by July 1, 2010.
  697         (a) Is certified as a home inspector by a state or national
  698  association that requires, for such certification, successful
  699  completion of a proctored examination on home inspection
  700  services and completes at least 14 hours of verifiable education
  701  on such services; or
  702         (b) At the time of application, has at least 3 years of
  703  experience as a home inspector and completes at least 14 hours
  704  of verifiable education on home inspection services. To
  705  establish the 3 years of experience, an applicant must submit at
  706  least 120 home inspection reports prepared by the applicant.
  707         (2) The department may investigate the validity of a home
  708  inspection report submitted under paragraph (1)(b) and, if the
  709  applicant submits a false report, may take disciplinary action
  710  against the applicant under s. 468.832(1)(e) or (g).
  711         (3) An applicant may not qualify for licensure under this
  712  section if he or she has had a home inspector license or a
  713  license in any related field revoked at any time or suspended
  714  within the previous 5 years or has been assessed a fine that
  715  exceeds $500 within the previous 5 years. For purposes of this
  716  subsection, a license in a related field includes, but is not
  717  limited to, licensure in real estate, construction, mold-related
  718  services, or building code administration or inspection.
  719         (4) An applicant for licensure under this section must
  720  comply with the criminal history, good moral character, and
  721  insurance requirements of this part.
  722         Section 23. Section 468.8325, Florida Statutes, is created
  723  to read:
  724         468.8325 Rulemaking authority.—The department shall adopt
  725  rules to administer this part.
  726         Section 24. Section 468.84, Florida Statutes, is amended to
  727  read:
  728         468.84 Mold-related services licensing program; legislative
  729  purpose.—
  730         (1) There is created within the department the mold-related
  731  services licensing program.
  732         (2) The Legislature finds it necessary in the interest of
  733  the public safety and welfare, to prevent damage to real and
  734  personal property, to avert economic injury to the residents of
  735  this state, and to regulate persons and companies that hold
  736  themselves out to the public as qualified to perform mold
  737  related services.
  738         Section 25. Subsections (7) through (10) of section
  739  468.8412, Florida Statutes, are renumbered as subsections (6)
  740  through (9), respectively, and present subsection (6) of that
  741  section is amended to read:
  742         468.8412 Fees.—
  743         (6) The fee for a biennial certificate of authorization
  744  renewal shall not exceed $400.
  745         Section 26. Subsections (1) and (2) of section 468.8413,
  746  Florida Statutes, are amended, and paragraph (d) is added to
  747  subsection (4) of that section, to read:
  748         468.8413 Examinations.—
  749         (1) A person desiring to be licensed as a mold assessor or
  750  mold remediator must shall apply to the department after
  751  satisfying the examination requirements of this part to take a
  752  licensure examination.
  753         (2) An applicant may shall be entitled to take the
  754  licensure examination to practice in this state as a mold
  755  assessor or mold remediator if he or she passes the required
  756  examination, the applicant is of good moral character, and
  757  completes has satisfied one of the following requirements:
  758         (a)1. For a mold remediator, at least a 2-year associate of
  759  arts degree, or the equivalent, with at least 30 semester hours
  760  in microbiology, engineering, architecture, industrial hygiene,
  761  occupational safety, or a related field of science from an
  762  accredited institution and a minimum of 1 year of documented
  763  field experience in a field related to mold remediation; or
  764         2. A high school diploma or the equivalent with a minimum
  765  of 4 years of documented field experience in a field related to
  766  mold remediation.
  767         (b)1. For a mold assessor, at least a 2-year associate of
  768  arts degree, or the equivalent, with at least 30 semester hours
  769  in microbiology, engineering, architecture, industrial hygiene,
  770  occupational safety, or a related field of science from an
  771  accredited institution and a minimum of 1 year of documented
  772  field experience in conducting microbial sampling or
  773  investigations; or
  774         2. A high school diploma or the equivalent with a minimum
  775  of 4 years of documented field experience in conducting
  776  microbial sampling or investigations.
  777         (4)
  778         (d) An applicant for a license shall submit, together with
  779  the application, a complete set of electronic fingerprints to
  780  the department. The department shall submit the fingerprints to
  781  the Department of Law Enforcement for state processing, and the
  782  Department of Law Enforcement shall forward the fingerprints to
  783  the Federal Bureau of Investigation for national processing, to
  784  determine whether the applicant has a criminal history record.
  785  The department shall review the background results to determine
  786  whether the applicant meets licensure requirements. The
  787  applicant is responsible for the costs associated with
  788  processing the fingerprints. The authorized agencies or vendors
  789  shall collect such fees and pay for the processing costs due to
  790  the Department of Law Enforcement.
  791         Section 27. Subsection (3) of section 468.8414, Florida
  792  Statutes, is amended to read:
  793         468.8414 Licensure.—
  794         (3) The department shall certify as qualified for a license
  795  by endorsement an applicant who is of good moral character, who
  796  has the insurance coverage required under s. 468.8421, and who:
  797         (a) Is qualified to take the examination as set forth in s.
  798  468.8413 and has passed a certification examination offered by a
  799  nationally recognized organization that certifies persons in the
  800  specialty of mold assessment or mold remediation that has been
  801  approved by the department as substantially equivalent to the
  802  requirements of this part and s. 455.217; or
  803         (b) Holds a valid license to practice mold assessment or
  804  mold remediation issued by another state or territory of the
  805  United States if the criteria for issuance of the license were
  806  substantially the same as the licensure criteria that is
  807  established by this part as determined by the department.
  808         Section 28. Section 468.8418, Florida Statutes, is amended
  809  to read:
  810         468.8418 Certification of partnerships and corporations.—
  811         (1) The department shall issue a certificate of
  812  authorization to a corporation or partnership offering mold
  813  assessment or mold remediation services to the public if the
  814  corporation or partnership satisfies all of the requirements of
  815  this part.
  816         (2) The practice of or the offer to practice mold
  817  assessment or mold remediation by licensees through a
  818  corporation or partnership offering mold assessment or mold
  819  remediation to the public, or by a corporation or partnership
  820  offering such services to the public through licensees under
  821  this part as agents, employees, officers, or partners, is
  822  permitted subject to the provisions of this part, provided that
  823  the corporation or partnership has been issued a certificate of
  824  authorization by the department as provided in this section.
  825  Nothing in this section shall be construed to allow a
  826  corporation to hold a license to practice mold assessment or
  827  mold remediation. No corporation or partnership shall be
  828  relieved of responsibility for the conduct or acts of its
  829  agents, employees, or officers by reason of its compliance with
  830  this section, nor shall any individual practicing mold
  831  assessment or mold remediation be relieved of responsibility for
  832  professional services performed by reason of his or her
  833  employment or relationship with a corporation or partnership.
  834         (3) For the purposes of this section, a certificate of
  835  authorization shall be required for a corporation, partnership,
  836  association, or person practicing under a fictitious name,
  837  offering mold assessment or mold remediation; however, when an
  838  individual is practicing mold assessment or mold remediation
  839  under his or her own given name, he or she shall not be required
  840  to register under this section.
  841         (4) Each certificate of authorization shall be renewed
  842  every 2 years. Each partnership and corporation certified under
  843  this section shall notify the department within 1 month of any
  844  change in the information contained in the application upon
  845  which the certification is based.
  846         (5) Disciplinary action against a corporation or
  847  partnership shall be administered in the same manner and on the
  848  same grounds as disciplinary action against a licensed mold
  849  assessor or mold remediator.
  850         Section 29. Section 468.8419, Florida Statutes, is amended
  851  to read:
  852         468.8419 Prohibitions; penalties.—
  853         (1) A person mold assessor, a company that employs a mold
  854  assessor, or a company that is controlled by a company that also
  855  has a financial interest in a company employing a mold assessor
  856  may not:
  857         (a) Effective July 1, 2011, perform or offer to perform any
  858  mold assessment unless the mold assessor has documented training
  859  in water, mold, and respiratory protection under s. 468.8414(2).
  860         (b) Effective July 1, 2011, perform or offer to perform any
  861  mold assessment unless the person has complied with the
  862  provisions of this part.
  863         (c) Use the name or title “certified mold assessor,”
  864  “registered mold assessor,” “licensed mold assessor,” “mold
  865  assessor,” “professional mold assessor,” or any combination
  866  thereof unless the person has complied with the provisions of
  867  this part.
  868         (d) Perform or offer to perform any mold remediation to a
  869  structure on which the mold assessor or the mold assessor’s
  870  company provided a mold assessment within the last 12 months.
  871         (e) Inspect for a fee any property in which the assessor or
  872  the assessor’s company has any financial or transfer interest.
  873         (f) Accept any compensation, inducement, or reward from a
  874  mold remediator or mold remediator’s company for the referral of
  875  any business to the mold remediator or the mold remediator’s
  876  company.
  877         (g) Offer any compensation, inducement, or reward to a mold
  878  remediator or mold remediator’s company for the referral of any
  879  business from the mold remediator or the mold remediator’s
  880  company.
  881         (h) Accept an engagement to make an omission of the
  882  assessment or conduct an assessment in which the assessment
  883  itself, or the fee payable for the assessment, is contingent
  884  upon the conclusions of the assessment.
  885         (2) A mold remediator, a company that employs a mold
  886  remediator, or a company that is controlled by a company that
  887  also has a financial interest in a company employing a mold
  888  remediator may not:
  889         (a) Perform or offer to perform any mold remediation unless
  890  the remediator has documented training in water, mold, and
  891  respiratory protection under s. 468.8414(2).
  892         (b) Perform or offer to perform any mold remediation unless
  893  the person has complied with the provisions of this part.
  894         (c) Use the name or title “certified mold remediator,”
  895  “registered mold remediator,” “licensed mold remediator,” “mold
  896  remediator,” “professional mold remediator,” or any combination
  897  thereof unless the person has complied with the provisions of
  898  this part.
  899         (d) Perform or offer to perform any mold assessment to a
  900  structure on which the mold remediator or the mold remediator’s
  901  company provided a mold remediation within the last 12 months.
  902         (e) Remediate for a fee any property in which the mold
  903  remediator or the mold remediator’s company has any financial or
  904  transfer interest.
  905         (f) Accept any compensation, inducement, or reward from a
  906  mold assessor or mold assessor’s company for the referral of any
  907  business from the mold assessor or the mold assessor’s company.
  908         (g) Offer any compensation, inducement, or reward to a mold
  909  assessor or mold assessor’s company for the referral of any
  910  business from the mold assessor or the mold assessor’s company.
  911         (3) Any person who violates any provision of this section
  912  commits:
  913         (a) A misdemeanor of the second degree for a first
  914  violation, punishable as provided in s. 775.082 or s. 775.083.
  915         (b) A misdemeanor of the first degree for a second
  916  violation, punishable as provided in s. 775.082 or s. 775.083.
  917         (c) A felony of the third degree for a third or subsequent
  918  violation, punishable as provided in s. 775.082, s. 775.083, or
  919  s. 775.084.
  920         (4) This section does not apply to unlicensed activity as
  921  described in paragraphs (1)(a)-(d) or s. 455.228 which occurs
  922  before July 1, 2011.
  923         Section 30. Paragraph (j) is added to subsection (1) of
  924  section 468.842, Florida Statutes, to read:
  925         468.842 Disciplinary proceedings.—
  926         (1) The following acts constitute grounds for which the
  927  disciplinary actions in subsection (2) may be taken:
  928         (j) Failing to meet any standard of practice adopted by
  929  rule of the department.
  930         Section 31. Subsection (1) of section 468.8421, Florida
  931  Statutes, is amended to read:
  932         468.8421 Insurance.—
  933         (1) A mold assessor shall maintain general liability and
  934  errors and omissions for both preliminary and postremediation
  935  mold assessment insurance coverage in an amount of at least $1
  936  million not less than $1,000,000.
  937         Section 32. Section 468.8423, Florida Statutes, is amended
  938  to read:
  939         468.8423 Grandfather clause.—
  940         (1) A person who performs mold assessment or mold
  941  remediation as defined in this part may qualify for licensure to
  942  be licensed by the department as a mold assessor or mold
  943  remediator if the person submits his or her application to the
  944  department by March 1, 2011, whether postmarked or delivered by
  945  that date, and if the person: meets the licensure requirements
  946  of this part by July 1, 2010.
  947         (a) Is certified as a mold assessor or mold remediator by a
  948  state or national association that requires, for such
  949  certification, successful completion of a proctored examination
  950  on mold assessment or mold remediation, as applicable, and
  951  completes at least 60 hours of education on mold assessment or
  952  at least 30 hours of education on mold remediation, as
  953  applicable; or
  954         (b) At the time of application, has at least 3 years of
  955  experience as a mold assessor or mold remediator. To establish
  956  the 3 years of experience, an applicant must submit at least 40
  957  mold assessments or remediation invoices prepared by the
  958  applicant.
  959         (2) The department may investigate the validity of a mold
  960  assessment or remediation invoice submitted under paragraph
  961  (1)(b) and, if the applicant submits a false assessment or
  962  invoice, may take disciplinary action against the applicant
  963  under s. 468.842(1)(e) or (g).
  964         (3) An applicant may not qualify for licensure under this
  965  section if he or she has had a mold assessor or mold remediator
  966  license or a license in any related field revoked at any time or
  967  suspended within the previous 5 years or has been assessed a
  968  fine that exceeds $500 within the previous 5 years. For purposes
  969  of this subsection, a license in a related field includes, but
  970  is not limited to, licensure in real estate, construction, home
  971  inspection, building code administration or inspection, or
  972  indoor air quality.
  973         (4) An applicant for licensure under this section must
  974  comply with the good moral character and insurance requirements
  975  of this part.
  976         Section 33. Section 468.8424, Florida Statutes, is created
  977  to read:
  978         468.8424 Rulemaking authority.—The department shall adopt
  979  rules to administer this part.
  980         Section 34. Subsection (2) and paragraph (a) of subsection
  981  (5) of section 474.203, Florida Statutes, are amended to read:
  982         474.203 Exemptions.—This chapter shall not apply to:
  983         (2) A person practicing as an intern or resident
  984  veterinarian who does not hold a valid license issued under this
  985  chapter and who is a graduate in training at a school or college
  986  of veterinary medicine located in this state and accredited by
  987  the American Veterinary Medical Association Council on Education
  988  or a school or college recognized by the American Veterinary
  989  Medical Association Commission for Foreign Veterinary Graduates.
  990  Such intern or resident must be a graduate of a school or
  991  college of veterinary medicine accredited by the American
  992  Veterinary Medical Association Council on Education or a school
  993  or college of veterinary medicine recognized by the Educational
  994  Commission for Foreign Veterinary Graduates of the American
  995  Veterinary Medical Association. This exemption expires when such
  996  intern or resident completes or is terminated from such
  997  training. Each school or college at which such intern or
  998  resident is in training shall, on July 1 of each year, provide
  999  the board with a written list of all such interns or residents
 1000  designated for this exemption, and the school or college shall
 1001  also notify the board of any additions or deletions to the list.
 1002         (5)(a) Any person, or the person’s regular employee,
 1003  administering to the ills or injuries of her or his own animals,
 1004  including, but not limited to, castration, spaying, and
 1005  dehorning of herd animals, unless title is has been transferred
 1006  or employment provided for the purpose of circumventing this
 1007  law. This exemption does shall not apply to any person licensed
 1008  as a veterinarian in another state or foreign jurisdiction and
 1009  is out-of-state veterinarians practicing temporarily in this the
 1010  state. However, only a veterinarian may immunize or treat an
 1011  animal for diseases which are communicable to humans and which
 1012  are of public health significance.
 1013  
 1014  For the purposes of chapters 465 and 893, persons exempt
 1015  pursuant to subsection (1), subsection (2), or subsection (4)
 1016  are deemed to be duly licensed practitioners authorized by the
 1017  laws of this state to prescribe drugs or medicinal supplies.
 1018         Section 35. Section 475.02, Florida Statutes, is amended to
 1019  read:
 1020         475.02 Florida Real Estate Commission.—
 1021         (1) There is created within the department the Florida Real
 1022  Estate Commission. The commission shall consist of seven members
 1023  who shall be appointed by the Governor, subject to confirmation
 1024  by the Senate. Four members must be licensed brokers, each of
 1025  whom has held an active license for the 5 years preceding
 1026  appointment; one member must be a licensed broker or a licensed
 1027  sales associate who has held an active license for the 2 years
 1028  preceding appointment; and two members must be persons who are
 1029  not, and have never been, brokers or sales associates. At least
 1030  one member of the commission must be 60 years of age or older.
 1031  The current members may complete their present terms unless
 1032  removed for cause.
 1033         (2) Members shall be appointed for 4-year terms.
 1034         (3) Notwithstanding s. 112.313, any member of the
 1035  commission who is a licensed real estate broker or sales
 1036  associate and who holds an active real estate school permit,
 1037  chief administrator permit, school instructor permit, or any
 1038  combination of such permits issued by the department, to the
 1039  extent authorized pursuant to such permit, may offer, conduct,
 1040  or teach any course prescribed or approved by the commission or
 1041  the department.
 1042         Section 36. Paragraph (a) of subsection (1) of section
 1043  475.175, Florida Statutes, is amended to read:
 1044         475.175 Examinations.—
 1045         (1) A person shall be entitled to take the license
 1046  examination to practice in this state if the person:
 1047         (a) Submits to the department the appropriate signed or
 1048  electronically authenticated application, digital fingerprint
 1049  data, and fee, and a fingerprint card. The digital fingerprints
 1050  fingerprint card shall be forwarded to the Division of Criminal
 1051  Justice Information Systems within the Department of Law
 1052  Enforcement for purposes of processing the fingerprints
 1053  fingerprint card to determine if the applicant has a criminal
 1054  history record. The fingerprints fingerprint card shall also be
 1055  forwarded to the Federal Bureau of Investigation for purposes of
 1056  processing the fingerprints fingerprint card to determine if the
 1057  applicant has a criminal history record. The information
 1058  obtained by the processing of the fingerprints fingerprint card
 1059  by the Florida Department of Law Enforcement and the Federal
 1060  Bureau of Investigation shall be sent to the department for the
 1061  purpose of determining if the applicant is statutorily qualified
 1062  for examination. Effective July 1, 2006, an applicant shall
 1063  provide fingerprints in electronic format.
 1064         Section 37. Section 475.613, Florida Statutes, is amended
 1065  to read:
 1066         475.613 Florida Real Estate Appraisal Board.—
 1067         (1) There is created the Florida Real Estate Appraisal
 1068  Board, which shall consist of seven members appointed by the
 1069  Governor, subject to confirmation by the Senate. Four members of
 1070  the board must be real estate appraisers who have been engaged
 1071  in the general practice of appraising real property in this
 1072  state for at least 5 years immediately preceding appointment. In
 1073  appointing real estate appraisers to the board, while not
 1074  excluding other appraisers, the Governor shall give preference
 1075  to real estate appraisers who are not primarily engaged in real
 1076  estate brokerage or mortgage lending activities. One member of
 1077  the board must represent organizations that use appraisals for
 1078  the purpose of eminent domain proceedings, financial
 1079  transactions, or mortgage insurance. Two members of the board
 1080  shall be representatives of the general public and shall not be
 1081  connected in any way with the practice of real estate appraisal,
 1082  real estate brokerage, or mortgage lending. The appraiser
 1083  members shall be as representative of the entire industry as
 1084  possible, and membership in a nationally recognized or state
 1085  recognized appraisal organization shall not be a prerequisite to
 1086  membership on the board. To the extent possible, no more than
 1087  two members of the board shall be primarily affiliated with any
 1088  one particular national or state appraisal association. Two of
 1089  the members must be licensed or certified residential real
 1090  estate appraisers and two of the members must be certified
 1091  general real estate appraisers at the time of their appointment.
 1092         (a) Members of the board shall be appointed for 4-year
 1093  terms. Any vacancy occurring in the membership of the board
 1094  shall be filled by appointment by the Governor for the unexpired
 1095  term. Upon expiration of her or his term, a member of the board
 1096  shall continue to hold office until the appointment and
 1097  qualification of the member’s successor. A member may not be
 1098  appointed for more than two consecutive terms. The Governor may
 1099  remove any member for cause.
 1100         (b) The headquarters for the board shall be in Orlando.
 1101         (c) The board shall meet at least once each calendar
 1102  quarter to conduct its business.
 1103         (d) The members of the board shall elect a chairperson at
 1104  the first meeting each year.
 1105         (e) Each member of the board is entitled to per diem and
 1106  travel expenses as set by legislative appropriation for each day
 1107  that the member engages in the business of the board.
 1108         (2) The board shall have, through its rules, full power to
 1109  regulate the issuance of licenses, certifications,
 1110  registrations, and permits; to discipline appraisers in any
 1111  manner permitted under this section; to establish qualifications
 1112  for licenses, certifications, registrations, and permits
 1113  consistent with this section; to regulate approved courses; to
 1114  establish standards for real estate appraisals; and to establish
 1115  standards for and regulate supervisory appraisers.
 1116         (3) Notwithstanding s. 112.313, any member of the board who
 1117  is a licensed or certified real estate appraiser and who holds
 1118  an active appraiser instructor permit issued by the department,
 1119  to the extent authorized pursuant to such permit, may offer,
 1120  conduct, or teach any course prescribed or approved by the board
 1121  or the department.
 1122         Section 38. Subsections (4) through (8) of section 477.019,
 1123  Florida Statutes, are renumbered as subsections (3) through (7),
 1124  respectively, and paragraph (c) of subsection (2) and present
 1125  subsection (3) of that section are amended to read:
 1126         477.019 Cosmetologists; qualifications; licensure;
 1127  supervised practice; license renewal; endorsement; continuing
 1128  education.—
 1129         (2) An applicant shall be eligible for licensure by
 1130  examination to practice cosmetology if the applicant:
 1131         (c)1. Is authorized to practice cosmetology in another
 1132  state or country, has been so authorized for at least 1 year,
 1133  and does not qualify for licensure by endorsement as provided
 1134  for in subsection (5) (6); or
 1135         2. Has received a minimum of 1,200 hours of training as
 1136  established by the board, which shall include, but shall not be
 1137  limited to, the equivalent of completion of services directly
 1138  related to the practice of cosmetology at one of the following:
 1139         a. A school of cosmetology licensed pursuant to chapter
 1140  1005.
 1141         b. A cosmetology program within the public school system.
 1142         c. The Cosmetology Division of the Florida School for the
 1143  Deaf and the Blind, provided the division meets the standards of
 1144  this chapter.
 1145         d. A government-operated cosmetology program in this state.
 1146  
 1147  The board shall establish by rule procedures whereby the school
 1148  or program may certify that a person is qualified to take the
 1149  required examination after the completion of a minimum of 1,000
 1150  actual school hours. If the person then passes the examination,
 1151  he or she shall have satisfied this requirement; but if the
 1152  person fails the examination, he or she shall not be qualified
 1153  to take the examination again until the completion of the full
 1154  requirements provided by this section.
 1155         (3) An application for the licensure examination for any
 1156  license under this section may be submitted for examination
 1157  approval in the last 100 hours of training by a pregraduate of a
 1158  licensed cosmetology school or a program within the public
 1159  school system, which school or program is certified by the
 1160  Department of Education with fees as required in paragraph
 1161  (2)(b). Upon approval, the applicant may schedule the
 1162  examination on a date when the training hours are completed. An
 1163  applicant shall have 6 months from the date of approval to take
 1164  the examination. After the 6 months have passed, if the
 1165  applicant failed to take the examination, the applicant must
 1166  reapply. The board shall establish by rule the procedures for
 1167  the pregraduate application process.
 1168         Section 39. Subsection (4) of section 509.211, Florida
 1169  Statutes, is amended to read:
 1170         509.211 Safety regulations.—
 1171         (4) Every enclosed space or room that contains a boiler
 1172  regulated under chapter 554 which is fired by the direct
 1173  application of energy from the combustion of fuels and that is
 1174  located in any portion of a public lodging establishment that
 1175  also contains sleeping rooms shall be equipped with one or more
 1176  carbon monoxide sensor devices that bear the label of a
 1177  nationally recognized testing laboratory and have been tested
 1178  and listed as complying with the most recent Underwriters
 1179  Laboratories, Inc., Standard 2034, or its equivalent, unless it
 1180  is determined that carbon monoxide hazards have otherwise been
 1181  adequately mitigated as determined by the Division of State Fire
 1182  Marshal of the Department of Financial Services. Such devices
 1183  shall be integrated with the public lodging establishment’s fire
 1184  detection system. Any such installation or determination shall
 1185  be made in accordance with rules adopted by the Division of
 1186  State Fire Marshal.
 1187         Section 40. Section 548.076, Florida Statutes, is created
 1188  to read:
 1189         548.076 Cease and desist notices.—When the department has
 1190  probable cause to believe that any person not licensed by the
 1191  commission has violated any provision of this chapter, or any
 1192  rule adopted pursuant thereto, the department may issue and
 1193  deliver to such person a notice to cease and desist from such
 1194  violation. The department shall issue and enforce such cease and
 1195  desist notices in accordance with s. 455.228.
 1196         Section 41. Subsection (1) of section 561.17, Florida
 1197  Statutes, is amended to read:
 1198         561.17 License and registration applications; approved
 1199  person.—
 1200         (1) Any person, before engaging in the business of
 1201  manufacturing, bottling, distributing, selling, or in any way
 1202  dealing in alcoholic beverages, shall file, with the district
 1203  licensing personnel of the district of the division in which the
 1204  place of business for which a license is sought is located, a
 1205  sworn application in the format prescribed duplicate on forms
 1206  provided to the district licensing personnel by the division.
 1207  The applicant must be a legal or business entity, person, or
 1208  persons and must include all persons, officers, shareholders,
 1209  and directors of such legal or business entity that have a
 1210  direct or indirect interest in the business seeking to be
 1211  licensed under this part. However, the applicant does not
 1212  include any person that derives revenue from the license solely
 1213  through a contractual relationship with the licensee, the
 1214  substance of which contractual relationship is not related to
 1215  the control of the sale of alcoholic beverages. Before Prior to
 1216  any application is being approved, the division may require the
 1217  applicant to file a set of fingerprints on regular United States
 1218  Department of Justice forms for herself or himself and for any
 1219  person or persons interested directly or indirectly with the
 1220  applicant in the business for which the license is being sought,
 1221  when so required by the division. If the applicant or any person
 1222  who is interested with the applicant either directly or
 1223  indirectly in the business or who has a security interest in the
 1224  license being sought or has a right to a percentage payment from
 1225  the proceeds of the business, either by lease or otherwise, is
 1226  not qualified, the division shall deny the application shall be
 1227  denied by the division. However, any company regularly traded on
 1228  a national securities exchange and not over the counter; any
 1229  insurer, as defined in the Florida Insurance Code; or any bank
 1230  or savings and loan association chartered by this state, another
 1231  state, or the United States which has an interest, directly or
 1232  indirectly, in an alcoholic beverage license is shall not be
 1233  required to obtain the division’s division approval of its
 1234  officers, directors, or stockholders or any change of such
 1235  positions or interests. A shopping center with five or more
 1236  stores, one or more of which has an alcoholic beverage license
 1237  and is required under a lease common to all shopping center
 1238  tenants to pay no more than 10 percent of the gross proceeds of
 1239  the business holding the license to the shopping center, is
 1240  shall not be considered as having an interest, directly or
 1241  indirectly, in the license.
 1242         Section 42. For the purpose of incorporating the amendment
 1243  made by this act to section 455.227, Florida Statutes, in a
 1244  reference thereto, paragraph (a) of subsection (2) of section
 1245  468.436, Florida Statutes, is reenacted to read:
 1246         468.436 Disciplinary proceedings.—
 1247         (2) The following acts constitute grounds for which the
 1248  disciplinary actions in subsection (4) may be taken:
 1249         (a) Violation of any provision of s. 455.227(1).
 1250         Section 43. For the purpose of incorporating the amendment
 1251  made by this act to section 455.227, Florida Statutes, in a
 1252  reference thereto, paragraph (a) of subsection (1) of section
 1253  468.832, Florida Statutes, is reenacted to read:
 1254         468.832 Disciplinary proceedings.—
 1255         (1) The following acts constitute grounds for which the
 1256  disciplinary actions in subsection (2) may be taken:
 1257         (a) Violation of any provision of this part or s.
 1258  455.227(1);
 1259         Section 44. For the purpose of incorporating the amendment
 1260  made by this act to section 455.227, Florida Statutes, in a
 1261  reference thereto, paragraph (a) of subsection (1) of section
 1262  468.842, Florida Statutes, is reenacted to read:
 1263         468.842 Disciplinary proceedings.—
 1264         (1) The following acts constitute grounds for which the
 1265  disciplinary actions in subsection (2) may be taken:
 1266         (a) Violation of any provision of this part or s.
 1267  455.227(1);
 1268         Section 45. For the purpose of incorporating the amendment
 1269  made by this act to section 455.227, Florida Statutes, in a
 1270  reference thereto, paragraph (a) of subsection (1) of section
 1271  471.033, Florida Statutes, is reenacted to read:
 1272         471.033 Disciplinary proceedings.—
 1273         (1) The following acts constitute grounds for which the
 1274  disciplinary actions in subsection (3) may be taken:
 1275         (a) Violating any provision of s. 455.227(1), s. 471.025,
 1276  or s. 471.031, or any other provision of this chapter or rule of
 1277  the board or department.
 1278         Section 46. For the purpose of incorporating the amendment
 1279  made by this act to section 455.227, Florida Statutes, in a
 1280  reference thereto, paragraph (a) of subsection (1) of section
 1281  473.323, Florida Statutes, is reenacted to read:
 1282         473.323 Disciplinary proceedings.—
 1283         (1) The following acts constitute grounds for which the
 1284  disciplinary actions in subsection (3) may be taken:
 1285         (a) Violation of any provision of s. 455.227(1) or any
 1286  other provision of this chapter.
 1287         Section 47. For the purpose of incorporating the amendment
 1288  made by this act to section 455.227, Florida Statutes, in a
 1289  reference thereto, paragraph (a) of subsection (1) of section
 1290  475.25, Florida Statutes, is reenacted to read:
 1291         475.25 Discipline.—
 1292         (1) The commission may deny an application for licensure,
 1293  registration, or permit, or renewal thereof; may place a
 1294  licensee, registrant, or permittee on probation; may suspend a
 1295  license, registration, or permit for a period not exceeding 10
 1296  years; may revoke a license, registration, or permit; may impose
 1297  an administrative fine not to exceed $5,000 for each count or
 1298  separate offense; and may issue a reprimand, and any or all of
 1299  the foregoing, if it finds that the licensee, registrant,
 1300  permittee, or applicant:
 1301         (a) Has violated any provision of s. 455.227(1) or s.
 1302  475.42. However, licensees under this part are exempt from the
 1303  provisions of s. 455.227(1)(i).
 1304         Section 48. For the purpose of incorporating the amendment
 1305  made by this act to section 455.227, Florida Statutes, in a
 1306  reference thereto, subsection (1) of section 475.624, Florida
 1307  Statutes, is reenacted to read:
 1308         475.624 Discipline.—The board may deny an application for
 1309  registration or certification; may investigate the actions of
 1310  any appraiser registered, licensed, or certified under this
 1311  part; may reprimand or impose an administrative fine not to
 1312  exceed $5,000 for each count or separate offense against any
 1313  such appraiser; and may revoke or suspend, for a period not to
 1314  exceed 10 years, the registration, license, or certification of
 1315  any such appraiser, or place any such appraiser on probation, if
 1316  it finds that the registered trainee, licensee, or
 1317  certificateholder:
 1318         (1) Has violated any provisions of this part or s.
 1319  455.227(1); however, certificateholders, registrants, and
 1320  licensees under this part are exempt from the provisions of s.
 1321  455.227(1)(i).
 1322         Section 49. For the purpose of incorporating the amendment
 1323  made by this act to section 455.227, Florida Statutes, in a
 1324  reference thereto, paragraph (h) of subsection (1) of section
 1325  476.204, Florida Statutes, is reenacted to read:
 1326         476.204 Penalties.—
 1327         (1) It is unlawful for any person to:
 1328         (h) Violate any provision of s. 455.227(1), s. 476.194, or
 1329  s. 476.214.
 1330         Section 50. For the purpose of incorporating the amendment
 1331  made by this act to section 455.227, Florida Statutes, in a
 1332  reference thereto, paragraph (h) of subsection (1) of section
 1333  477.029, Florida Statutes, is reenacted to read:
 1334         477.029 Penalty.—
 1335         (1) It is unlawful for any person to:
 1336         (h) Violate any provision of s. 455.227(1), s. 477.0265, or
 1337  s. 477.028.
 1338         Section 51. For the purpose of incorporating the amendment
 1339  made by this act to section 455.227, Florida Statutes, in a
 1340  reference thereto, paragraph (a) of subsection (1) of section
 1341  481.225, Florida Statutes, is reenacted to read:
 1342         481.225 Disciplinary proceedings against registered
 1343  architects.—
 1344         (1) The following acts constitute grounds for which the
 1345  disciplinary actions in subsection (3) may be taken:
 1346         (a) Violating any provision of s. 455.227(1), s. 481.221,
 1347  or s. 481.223, or any rule of the board or department lawfully
 1348  adopted pursuant to this part or chapter 455.
 1349         Section 52. For the purpose of incorporating the amendment
 1350  made by this act to section 455.227, Florida Statutes, in a
 1351  reference thereto, paragraph (a) of subsection (1) of section
 1352  481.325, Florida Statutes, is reenacted to read:
 1353         481.325 Disciplinary proceedings.—
 1354         (1) The following acts constitute grounds for which the
 1355  disciplinary actions in subsection (3) may be taken:
 1356         (a) Violation of any provision of s. 455.227(1), s.
 1357  481.321, or s. 481.323.
 1358         Section 53. For the purpose of incorporating the amendment
 1359  made by this act to section 468.832, Florida Statutes, in a
 1360  reference thereto, subsection (2) of section 468.8314, Florida
 1361  Statutes, is reenacted to read:
 1362         468.8314 Licensure.—
 1363         (2) The department shall certify for licensure any
 1364  applicant who satisfies the requirements of s. 468.8313 and who
 1365  has passed the licensing examination. The department may refuse
 1366  to certify any applicant who has violated any of the provisions
 1367  of s. 468.832.
 1368         Section 54. This act shall take effect July 1, 2010.

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