September 19, 2020
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       Florida Senate - 2009                                    SB 2262
       
       
       
       By Senator Gaetz
       
       
       
       
       4-00860B-09                                           20092262__
    1                        A bill to be entitled                      
    2         An act relating to the regulation of professions;
    3         amending s. 455.213, F.S.; deleting signature
    4         notarization from the information that the Department
    5         of Business and Professional Regulation may require in
    6         documents submitted for the issuance or renewal of a
    7         license; prescribing when an application is received
    8         for purposes of certain requirements of the
    9         Administrative Procedure Act; amending s. 455.227,
   10         F.S.; establishing additional grounds for discipline
   11         of professions subject to regulation; prohibiting the
   12         failure to report criminal convictions and pleas;
   13         prohibiting the failure to complete certain treatment
   14         programs; providing penalties; creating s. 455.2274,
   15         F.S.; authorizing the department's representative to
   16         appear in criminal proceedings under certain
   17         circumstances and provide certain assistance to the
   18         court; amending s. 455.2281, F.S.; authorizing the
   19         department to set unlicensed activities special fees
   20         for each profession; authorizing the department to
   21         adopt rules that reduce or waive the fees under
   22         certain circumstances; amending s. 473.305, F.S.;
   23         deleting an examination late filing fee applicable to
   24         certified public accountant examinees; amending s.
   25         473.311, F.S.; deleting a provision requiring passage
   26         of a rules examination for renewal of license as a
   27         certified public accountant; amending s. 473.313,
   28         F.S.; deleting a provision requiring passage of an
   29         examination as a condition for reactivation of an
   30         inactive license as a certified public accountant;
   31         amending s. 475.175, F.S.; deleting the option to
   32         submit a notarized application for a real estate
   33         broker or sales associate license; amending s.
   34         475.451, F.S.; limiting the attorney exemption from
   35         continuing education requirements to attorneys in good
   36         standing with The Florida Bar; amending s. 475.615,
   37         F.S.; deleting a requirement that an application for a
   38         real estate appraiser certification be notarized;
   39         amending ss. 476.134 and 476.144, F.S.; requiring a
   40         written examination for a barbering license; deleting
   41         provisions for a practical examination for barbering
   42         license applicants; amending s. 489.109, F.S.;
   43         authorizing the Construction Industry Licensing Board
   44         to establish a fee for the initial certification and
   45         renewal of business organizations; amending s.
   46         489.114, F.S.; deleting provisions relating to a
   47         business organization's certificate of authority for
   48         contracting to conform to changes made by the act;
   49         amending s. 489.117, F.S.; deleting provisions
   50         requiring a contractor applicant to submit proof of a
   51         local occupational license; amending s. 489.119, F.S.;
   52         deleting provisions for the issuance of a certificate
   53         of authority to a business organization for
   54         contracting; requiring a contractor to apply for
   55         registration or certification to qualify a business
   56         organization as the qualifying agent; authorizing the
   57         Construction Industry Licensing Board to deny a
   58         registration or certification to qualify a business
   59         organization under certain circumstances; requiring
   60         the qualifying agent of a business organization to
   61         present certain evidence to the board; providing that
   62         the board has discretion to approve a business
   63         organization; amending ss. 489.127, 489.128, 489.129,
   64         and 489.132, F.S.; deleting provisions relating to a
   65         business organization's certificate of authority for
   66         contracting to conform to changes made by the act;
   67         amending s. 489.513, F.S.; deleting a requirement that
   68         the local license required for an electrical or alarm
   69         system contractor be an occupational license; amending
   70         s. 548.002, F.S.; defining the term “event” for
   71         regulation of pugilistic exhibitions; amending s.
   72         548.003, F.S.; authorizing the Florida State Boxing
   73         Commission to adopt criteria for the approval of
   74         certain amateur sanctioning organizations; reenacting
   75         ss. 468.436(2)(a), 468.832(1)(a), 468.842(1)(a),
   76         471.033(1)(a), 472.033(1)(a), 473.323(1)(a),
   77         475.25(1)(a), 475.624(1), 476.204(1)(h),
   78         477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
   79         relating to the discipline of community association
   80         managers or firms, home inspectors, mold assessors and
   81         remediators, engineers, surveyors and mappers,
   82         certified public accountants and accounting firms,
   83         real estate brokers and sales associates, real estate
   84         appraisers, barbers, cosmetologists, architects, and
   85         landscape architects, to incorporate the amendment
   86         made to s. 455.227, F.S., in references thereto;
   87         repealing s. 509.201, F.S., relating to posting and
   88         advertising the room rates of a public lodging
   89         establishment and related penalties; amending s.
   90         509.233, F.S.; revising provisions relating to public
   91         food service establishment requirements; deleting a
   92         provision establishing a pilot program that provides
   93         an exemption for dogs in designated outdoor areas of
   94         public food service establishments; deleting a
   95         provision that provides for the future review and
   96         repeal of such pilot program; providing an effective
   97         date.
   98  
   99  Be It Enacted by the Legislature of the State of Florida:
  100  
  101         Section 1. Subsection (1) of section 455.213, Florida
  102  Statutes, is amended to read:
  103         455.213 General licensing provisions.—
  104         (1) Any person desiring to be licensed shall apply to the
  105  department in writing. The application for licensure shall be
  106  submitted made on a form prescribed prepared and furnished by
  107  the department and must include the applicant's social security
  108  number. Notwithstanding any other provision of law, the
  109  department is the sole authority for determining the contents of
  110  any documents to be submitted for initial licensure and
  111  licensure renewal. Such documents may contain information
  112  including, as appropriate: demographics, education, work
  113  history, personal background, criminal history, finances,
  114  business information, complaints, inspections, investigations,
  115  discipline, bonding, signature notarization, photographs,
  116  performance periods, reciprocity, local government approvals,
  117  supporting documentation, periodic reporting requirements,
  118  fingerprint requirements, continuing education requirements, and
  119  ongoing education monitoring. The application shall be
  120  supplemented as needed to reflect any material change in any
  121  circumstance or condition stated in the application which takes
  122  place between the initial filing of the application and the
  123  final grant or denial of the license and which might affect the
  124  decision of the department. In order to further the economic
  125  development goals of the state, and notwithstanding any law to
  126  the contrary, the department may enter into an agreement with
  127  the county tax collector for the purpose of appointing the
  128  county tax collector as the department's agent to accept
  129  applications for licenses and applications for renewals of
  130  licenses. The agreement must specify the time within which the
  131  tax collector must forward any applications and accompanying
  132  application fees to the department. In cases where a person
  133  applies or schedules directly with a national examination
  134  organization or examination vendor to take an examination
  135  required for licensure, any organization- or vendor-related fees
  136  associated with the examination may be paid directly to the
  137  organization or vendor. An application is received for purposes
  138  of s. 120.60 upon the department's receipt of the application
  139  submitted in the format prescribed by the department; the
  140  application fee set by the board or, if there is no board, set
  141  by the department; and any other fee required by law or rule to
  142  be remitted with the application.
  143         Section 2. Paragraphs (t) and (u) are added to subsection
  144  (1) of section 455.227, Florida Statutes, to read:
  145         455.227 Grounds for discipline; penalties; enforcement.—
  146         (1) The following acts shall constitute grounds for which
  147  the disciplinary actions specified in subsection (2) may be
  148  taken:
  149         (t) Failing to report in writing to the board or, if there
  150  is no board, to the department within 30 days after the licensee
  151  is convicted or found guilty of, or entered a plea of nolo
  152  contendere or guilty to, regardless of adjudication, a crime in
  153  any jurisdiction. A licensee must report a conviction, finding
  154  of guilt, plea, or adjudication entered before the effective
  155  date of this paragraph within 30 days after the effective date
  156  of this paragraph.
  157         (u) Termination from a treatment program for impaired
  158  practitioners as described in s. 456.076 for failure to comply,
  159  without good cause, with the terms of the monitoring or
  160  treatment contract entered into by the licensee or failing to
  161  successfully complete a drug or alcohol treatment program.
  162         Section 3. Section 455.2274, Florida Statutes, is created
  163  to read:
  164         455.2274Criminal proceedings against licensees;
  165  appearances by department representatives.—A representative of
  166  the department may voluntarily appear in a criminal proceeding
  167  brought against a person licensed by the department to practice
  168  a profession regulated by the state. The department's
  169  representative is authorized to furnish pertinent information,
  170  make recommendations regarding specific conditions of probation,
  171  and provide other assistance to the court necessary to promote
  172  justice or protect the public. The court may order a
  173  representative of the department to appear in a criminal
  174  proceeding if the crime charged is substantially related to the
  175  qualifications, functions, or duties of a license regulated by
  176  the department.
  177         Section 4. Section 455.2281, Florida Statutes, is amended
  178  to read:
  179         455.2281 Unlicensed activities; fees; disposition.—In order
  180  to protect the public and to ensure a consumer-oriented
  181  department, it is the intent of the Legislature that vigorous
  182  enforcement of regulation for all professional activities is a
  183  state priority. All enforcement costs should be covered by
  184  professions regulated by the department. Therefore, the
  185  department may shall impose, upon initial licensure and each
  186  renewal thereof, a special fee not to exceed of $5 per licensee.
  187  The Such fee shall be set by the department by rule for each
  188  profession and shall be in addition to all other fees collected
  189  from each licensee and shall fund efforts to combat unlicensed
  190  activity. Any profession regulated by the department which
  191  offers services that are not subject to regulation when provided
  192  by an unlicensed person may use funds in its unlicensed activity
  193  account to inform the public of such situation. The board with
  194  concurrence of the department, or the department when there is
  195  no board, may earmark up to $5 of the current licensure fee for
  196  this purpose, if such board, or profession regulated by the
  197  department, is not in a deficit and has a reasonable cash
  198  balance. The department may adopt rules to waive an unlicensed
  199  activity special fee for up to 2 years if both the operating
  200  account and the unlicensed activity account have an excess cash
  201  balance. A board or profession regulated by the department may
  202  authorize the transfer of funds from the operating fund account
  203  to the unlicensed activity account of that profession if the
  204  operating fund account is not in a deficit and has a reasonable
  205  cash balance. The department shall make direct charges to this
  206  fund by profession and shall not allocate indirect overhead. The
  207  department shall seek board advice regarding enforcement methods
  208  and strategies prior to expenditure of funds; however, the
  209  department may, without board advice, allocate funds to cover
  210  the costs of continuing education compliance monitoring under s.
  211  455.2177. The department shall directly credit, by profession,
  212  revenues received from the department's efforts to enforce
  213  licensure provisions. The department shall include all financial
  214  and statistical data resulting from unlicensed activity
  215  enforcement and from continuing education compliance monitoring
  216  as separate categories in the quarterly management report
  217  provided for in s. 455.219. The department shall not charge the
  218  account of any profession for the costs incurred on behalf of
  219  any other profession. For an unlicensed activity account, a
  220  balance which remains at the end of a renewal cycle may, with
  221  concurrence of the applicable board and the department, be
  222  transferred to the operating fund account of that profession.
  223         Section 5. Section 473.305, Florida Statutes, is amended to
  224  read:
  225         473.305 Fees.—The board, by rule, may establish fees to be
  226  paid for applications, examination, reexamination, licensing and
  227  renewal, reinstatement, and recordmaking and recordkeeping. The
  228  fee for the examination shall be established at an amount that
  229  covers the costs for the procurement or development,
  230  administration, grading, and review of the examination. The fee
  231  for the examination is refundable if the applicant is found to
  232  be ineligible to sit for the examination. The fee for initial
  233  application is nonrefundable, and the combined fees for
  234  application and examination may not exceed $250 plus the actual
  235  per applicant cost to the department for purchase of the
  236  examination from the American Institute of Certified Public
  237  Accountants or a similar national organization. The biennial
  238  renewal fee may not exceed $250. The board may also establish,
  239  by rule, a reactivation fee, a late filing fee for the law and
  240  rules examination, and a delinquency fee not to exceed $50 for
  241  continuing professional education reporting forms. The board
  242  shall establish fees which are adequate to ensure the continued
  243  operation of the board and to fund the proportionate expenses
  244  incurred by the department which are allocated to the regulation
  245  of public accountants. Fees shall be based on department
  246  estimates of the revenue required to implement this chapter and
  247  the provisions of law with respect to the regulation of
  248  certified public accountants.
  249         Section 6. Subsection (1) of section 473.311, Florida
  250  Statutes, is amended to read:
  251         473.311 Renewal of license.—
  252         (1) The department shall renew a license upon receipt of
  253  the renewal application and fee and upon certification by the
  254  board that the licensee has satisfactorily completed the
  255  continuing education requirements of s. 473.312 and has passed
  256  an examination approved by the board on chapter 455 and this
  257  chapter and the related administrative rules. However, each
  258  licensee must complete the requirements of s. 473.312(1)(c)
  259  prior to taking the examination.
  260         Section 7. Subsection (3) of section 473.313, Florida
  261  Statutes, is amended to read:
  262         473.313 Inactive status.—
  263         (3) Any licensee holding an inactive license may be
  264  permitted to reactivate such license in a conditional manner.
  265  The conditions of reactivation shall require, in addition to the
  266  payment of fees, the passing of the examination approved by the
  267  board concerning chapter 455 and this chapter, and the related
  268  administrative rules, and the completion of required continuing
  269  education.
  270         Section 8. Paragraph (a) of subsection (1) of section
  271  475.175, Florida Statutes, is amended to read:
  272         475.175 Examinations.—
  273         (1) A person shall be entitled to take the license
  274  examination to practice in this state if the person:
  275         (a) Submits to the department the appropriate notarized or
  276  electronically authenticated application and fee, and a
  277  fingerprint card. The fingerprint card shall be forwarded to the
  278  Division of Criminal Justice Information Systems within the
  279  Department of Law Enforcement for purposes of processing the
  280  fingerprint card to determine if the applicant has a criminal
  281  history record. The fingerprint card shall also be forwarded to
  282  the Federal Bureau of Investigation for purposes of processing
  283  the fingerprint card to determine if the applicant has a
  284  criminal history record. The information obtained by the
  285  processing of the fingerprint card by the Florida Department of
  286  Law Enforcement and the Federal Bureau of Investigation shall be
  287  sent to the department for the purpose of determining if the
  288  applicant is statutorily qualified for examination. Effective
  289  July 1, 2006, an applicant shall provide fingerprints in
  290  electronic format.
  291         Section 9. Subsection (6) of section 475.451, Florida
  292  Statutes, is amended to read:
  293         475.451 Schools teaching real estate practice.—
  294         (6) Any course prescribed by the commission as a condition
  295  precedent to any person's becoming initially licensed as a sales
  296  associate may be taught in any real estate school through the
  297  use of a video tape of instruction by a currently permitted
  298  instructor from any such school or may be taught by distance
  299  learning pursuant to s. 475.17(2). The commission may require
  300  that any such video tape course have a single session of live
  301  instruction by a currently permitted instructor from any such
  302  school; however, this requirement shall not exceed 3 classroom
  303  hours. All other prescribed courses, except the continuing
  304  education course required by s. 475.182, shall be taught by a
  305  currently permitted school instructor personally in attendance
  306  at such course or by distance learning pursuant to s. 475.17.
  307  The continuing education course required by s. 475.182 may be
  308  taught by distance learning pursuant to s. 475.17 or by an
  309  equivalent correspondence course; however, any such
  310  correspondence course shall be required to have a final
  311  examination, prepared and administered by the school issuing the
  312  correspondence course. The continuing education requirements
  313  provided in this section or provided in any other section in
  314  this chapter do not apply with respect to an any attorney who is
  315  otherwise qualified under the provisions of this chapter and who
  316  is a certified member in good standing by The Florida Bar.
  317         Section 10. Subsection (5) of section 475.615, Florida
  318  Statutes, is amended to read:
  319         475.615 Qualifications for registration or certification.—
  320         (5) At the time of filing an a notarized application for
  321  registration or certification, the applicant must sign a pledge
  322  to comply with the Uniform Standards of Professional Appraisal
  323  Practice upon registration or certification and must indicate in
  324  writing that she or he understands the types of misconduct for
  325  which disciplinary proceedings may be initiated. The application
  326  shall expire 1 year after the date received.
  327         Section 11. Subsection (1) of section 476.134, Florida
  328  Statutes, is amended to read:
  329         476.134 Examinations.—
  330         (1) Examinations of applicants for licenses as barbers
  331  shall be offered not less than four times each year. The
  332  examination of applicants for licenses as barbers shall may
  333  include both a practical demonstration and a written test. The
  334  board shall have the authority to adopt rules with respect to
  335  the examination of applicants for licensure. The board may
  336  provide rules with respect to written or practical examinations
  337  in such manner as the board may deem fit.
  338         Section 12. Subsection (6) of section 476.144, Florida
  339  Statutes, is amended to read:
  340         476.144 Licensure.—
  341         (6) A person may apply for a restricted license to practice
  342  barbering. The board shall adopt rules specifying procedures for
  343  an applicant to obtain a restricted license if the applicant:
  344         (a)1. Has successfully completed a restricted barber
  345  course, as established by rule of the board, at a school of
  346  barbering licensed pursuant to chapter 1005, a barbering program
  347  within the public school system, or a government-operated
  348  barbering program in this state; or
  349         2.a. Holds or has within the previous 5 years held an
  350  active valid license to practice barbering in another state or
  351  country or has held a Florida barbering license which has been
  352  declared null and void for failure to renew the license, and the
  353  applicant fulfilled the requirements of s. 476.114(2)(c)2. for
  354  initial licensure; and
  355         b. Has not been disciplined relating to the practice of
  356  barbering in the previous 5 years; and
  357         (b) Passes a written examination on the laws and rules
  358  governing the practice of barbering in Florida, as established
  359  by the board, and a practical examination approved by the board.
  360  
  361  The restricted license shall limit the licensee’s practice to
  362  those specific areas in which the applicant has demonstrated
  363  competence pursuant to rules adopted by the board.
  364         Section 13. Paragraph (d) of subsection (1) of section
  365  489.109, Florida Statutes, is amended to read:
  366         489.109 Fees.—
  367         (1) The board, by rule, shall establish reasonable fees to
  368  be paid for applications, certification and renewal,
  369  registration and renewal, and recordmaking and recordkeeping.
  370  The fees shall be established as follows:
  371         (d) The board, by rule, may also establish a fee not to
  372  exceed $50 for the initial certification and renewal of business
  373  organizations for transfer of a certificate of authority from
  374  one business organization to another, not to exceed the
  375  applicable renewal fee.
  376         Section 14. Section 489.114, Florida Statutes, is amended
  377  to read:
  378         489.114 Evidence of workers' compensation coverage.—Except
  379  as provided in s. 489.115(5)(d), any person, business
  380  organization, or qualifying agent engaged in the business of
  381  contracting in this state and certified or registered under this
  382  part shall, as a condition precedent to the issuance or renewal
  383  of a certificate or, registration, or certificate of authority
  384  of the contractor, provide to the Construction Industry
  385  Licensing Board, as provided by board rule, evidence of workers'
  386  compensation coverage pursuant to chapter 440. In the event that
  387  the Division of Workers' Compensation of the Department of
  388  Financial Services receives notice of the cancellation of a
  389  policy of workers' compensation insurance insuring a person or
  390  entity governed by this section, the Division of Workers'
  391  Compensation shall certify and identify all persons or entities
  392  by certification or registration license number to the
  393  department after verification is made by the Division of
  394  Workers' Compensation that persons or entities governed by this
  395  section are no longer covered by workers' compensation
  396  insurance. Such certification and verification by the Division
  397  of Workers' Compensation may result from records furnished to
  398  the Division of Workers' Compensation by the persons or entities
  399  governed by this section or an investigation completed by the
  400  Division of Workers' Compensation. The department shall notify
  401  the persons or entities governed by this section who have been
  402  determined to be in noncompliance with chapter 440, and the
  403  persons or entities notified shall provide certification of
  404  compliance with chapter 440 to the department and pay an
  405  administrative fine in the amount of $500. The failure to
  406  maintain workers' compensation coverage as required by law shall
  407  be grounds for the board to revoke, suspend, or deny the
  408  issuance or renewal of a certificate or, registration, or
  409  certificate of authority of the contractor under the provisions
  410  of s. 489.129.
  411         Section 15. Paragraph (a) of subsection (1) of section
  412  489.117, Florida Statutes, is amended to read:
  413         489.117 Registration; specialty contractors.—
  414         (1)(a) Any person engaged in the business of a contractor
  415  in the state shall be registered in the proper classification,
  416  unless he or she is certified. Any person entering the business
  417  of a contractor shall be registered before prior to engaging in
  418  business as a contractor, unless he or she is certified. To be
  419  initially registered, the applicant shall submit the required
  420  fee and file evidence, in a form provided by the department, of
  421  holding a current local occupational license required by any
  422  municipality, county, or development district, if any, for the
  423  type of work for which registration is desired and evidence of
  424  successful compliance with the local examination and licensing
  425  requirements, if any, in the area for which registration is
  426  desired. An No examination is not shall be required for
  427  registration.
  428         Section 16. Section 489.119, Florida Statutes, is amended
  429  to read:
  430         489.119 Business organizations; qualifying agents.—
  431         (1) If an individual proposes to engage in contracting in
  432  the individual's own name, or a fictitious name where the
  433  individual is doing business as a sole proprietorship,
  434  registration or certification may be issued only to that
  435  individual.
  436         (2) If the applicant proposes to engage in contracting as a
  437  business organization, including any partnership, corporation,
  438  business trust, or other legal entity, or in any name other than
  439  the applicant's legal name or a fictitious name where the
  440  applicant is doing business as a sole proprietorship, the
  441  applicant business organization must apply for registration or
  442  certification as the for a certificate of authority through a
  443  qualifying agent of the business organization and under the
  444  fictitious name, if any.
  445         (a) An The application for registration or certification to
  446  qualify a business organization a certificate of authority must
  447  state the name of the partnership and of its partners; the name
  448  of the corporation and of its officers and directors and the
  449  name of each of its stockholders who is also an officer or
  450  director; the name of the business trust and its trustees; or
  451  the name of such other legal entity and its members; and must
  452  state the fictitious name, if any, under which the business
  453  organization is doing business.
  454         (b)1. An The application for registration or certification
  455  to qualify a business organization primary qualifying agent must
  456  include an affidavit on a form provided by the board attesting
  457  that the applicant has final approval authority for all
  458  construction work performed by the business organization entity
  459  and that the applicant has final approval authority on all
  460  business matters, including contracts, specifications, checks,
  461  drafts, or payments, regardless of the form of payment, made by
  462  the business organization entity, except where a financially
  463  responsible officer is approved.
  464         2. The application for financially responsible officer must
  465  include an affidavit on a form provided by the board attesting
  466  that the applicant's approval is required for all checks,
  467  drafts, or payments, regardless of the form of payment, made by
  468  the business organization entity and that the applicant has
  469  authority to act for the business organization in all financial
  470  matters.
  471         3. The application for secondary qualifying agent must
  472  include an affidavit on a form provided by the board attesting
  473  that the applicant has authority to supervise all construction
  474  work performed by the business organization entity as provided
  475  in s. 489.1195(2).
  476         (c) The board may deny an application for registration or
  477  certification to qualify a business organization if the
  478  applicant, or any person listed in paragraph (a), has been
  479  involved in past disciplinary actions or on any grounds for
  480  which an individual registration or certification may be denied.
  481         (d)(b) The applicant must furnish evidence of statutory
  482  compliance if a fictitious name is used, the provisions of s.
  483  865.09(7) notwithstanding.
  484         (e)(c) A joint venture, including a joint venture composed
  485  of qualified business organizations, is itself a separate and
  486  distinct organization that must be qualified and obtain a
  487  certificate of authority in accordance with board rules.
  488         (d) A certificate of authority must be renewed every 2
  489  years. If there is a change in any information that is required
  490  to be stated on the application, the business organization
  491  shall, within 45 days after such change occurs, mail the correct
  492  information to the department.
  493         (3)(a) A The qualifying agent must shall be certified or
  494  registered under this part in order for the business
  495  organization to operate be issued a certificate of authority in
  496  the category of contracting in the business conducted for which
  497  the qualifying agent is certified or registered. If any
  498  qualifying agent ceases to be affiliated with a such business
  499  organization, he or she shall so inform the department. In
  500  addition, if the such qualifying agent is the only certified or
  501  registered contractor affiliated with the business organization,
  502  the business organization shall notify the department of the
  503  termination of the qualifying agent and shall have 60 days from
  504  the termination of the qualifying agent's affiliation with the
  505  business organization in which to employ another qualifying
  506  agent. The business organization may not engage in contracting
  507  until a qualifying agent is employed, unless the executive
  508  director or chair of the board has granted a temporary
  509  nonrenewable certificate or registration to the financially
  510  responsible officer, the president, a partner, or, in the case
  511  of a limited partnership, the general partner, who assumes all
  512  responsibilities of a primary qualifying agent for the business
  513  organization entity. This temporary certificate or registration
  514  shall only allow the business organization entity to proceed
  515  with incomplete contracts. For the purposes of this paragraph,
  516  an incomplete contract is one which has been awarded to, or
  517  entered into by, the business organization prior to the
  518  cessation of affiliation of the qualifying agent with the
  519  business organization or one on which the business organization
  520  was the low bidder and the contract is subsequently awarded,
  521  regardless of whether any actual work has commenced under the
  522  contract prior to the qualifying agent ceasing to be affiliated
  523  with the business organization.
  524         (b) The qualifying agent shall inform the department in
  525  writing when he or she proposes to engage in contracting in his
  526  or her own name or in affiliation with another business
  527  organization, and he or she or such new business organization
  528  shall supply the same information to the department as required
  529  of applicants under this part.
  530         (c) Upon a favorable determination by the board, after
  531  investigation of the financial responsibility, credit, and
  532  business reputation of the qualifying agent and the new business
  533  organization, the department shall issue, without an
  534  examination, a new certificate of authority in the business
  535  organization's name.
  536         (4) Disciplinary action against a business organization
  537  holding a certificate of authority shall be administered in the
  538  same manner and on the same grounds as disciplinary action
  539  against a contractor. The board may deny the certification of
  540  any person cited in subsection (2) if the person has been
  541  involved in past disciplinary actions or on any grounds for
  542  which individual certification can be denied.
  543         (4)(5) When a certified qualifying agent, on behalf of a
  544  business organization, makes application for an occupational
  545  license in any municipality or county of this state, the
  546  application shall be made with the tax collector in the name of
  547  the business organization and the qualifying agent; and the
  548  license, when issued, shall be issued to the business
  549  organization, upon payment of the appropriate licensing fee and
  550  exhibition to the tax collector of a valid certificate for the
  551  qualifying agent and a valid certificate of authority for the
  552  business organization issued by the department, and the state
  553  license numbers shall be noted thereon.
  554         (5)(6)(a) Each registered or certified contractor shall
  555  affix the number of his or her registration or certification to
  556  each application for a building permit and on each building
  557  permit issued and recorded. Each city or county building
  558  department shall require, as a precondition for the issuance of
  559  the building permit, that the contractor taking out the permit
  560  must provide verification giving his or her Construction
  561  Industry Licensing Board registration or certification number.
  562         (b) The registration or certification number of each
  563  contractor or certificate of authority number for each business
  564  organization shall appear in each offer of services, business
  565  proposal, bid, contract, or advertisement, regardless of medium,
  566  as defined by board rule, used by that contractor or business
  567  organization in the practice of contracting.
  568         (c) If a vehicle bears the name of a contractor or business
  569  organization, or any text or artwork which would lead a
  570  reasonable person to believe that the vehicle is used for
  571  contracting, the registration or certification number of the
  572  contractor or certificate of authority number of the business
  573  organization must be conspicuously and legibly displayed with
  574  the name, text, or artwork. Local governments may also require
  575  that locally licensed contractors must also display their
  576  certificate of competency or license numbers. Nothing in this
  577  paragraph shall be construed to create a mandatory vehicle
  578  signage requirement.
  579         (d) For the purposes of this part, the term “advertisement”
  580  does not include business stationery or any promotional
  581  novelties such as balloons, pencils, trinkets, or articles of
  582  clothing.
  583         (e) The board shall issue a notice of noncompliance for the
  584  first offense, and may assess a fine or issue a citation for
  585  failure to correct the offense within 30 days or for any
  586  subsequent offense, to any contractor or business organization
  587  that fails to include the certification or, registration, or
  588  certificate of authority number as required by this part when
  589  submitting an advertisement for publication, broadcast, or
  590  printing or fails to display the certification or, registration,
  591  or certificate of authority number as required by this part.
  592         (6)(7) Each qualifying agent shall pay the department an
  593  amount equal to the original fee for registration or
  594  certification to qualify a certificate of authority of a new
  595  business organization. If the qualifying agent for a business
  596  organization desires to qualify additional business
  597  organizations, the board shall require the qualifying agent him
  598  or her to present evidence of his or her ability to supervise
  599  the construction activities and financial responsibility of each
  600  such organization. Approval of each business organization The
  601  issuance of such certificate of authority is discretionary with
  602  the board.
  603         (7)(8)(a) A business organization proposing to engage in
  604  contracting is not required to apply for or obtain authorization
  605  under this part to engage in contracting if:
  606         1. The business organization employs one or more registered
  607  or certified contractors licensed in accordance with this part
  608  who are responsible for obtaining permits and supervising all of
  609  the business organization's contracting activities;
  610         2. The business organization engages only in contracting on
  611  property owned by the business organization or by its parent,
  612  subsidiary, or affiliated entities; and
  613         3. The business organization, or its parent entity if the
  614  business organization is a wholly owned subsidiary, maintains a
  615  minimum net worth of $20 million.
  616         (b) Any business organization engaging in contracting under
  617  this subsection shall provide the board with the name and
  618  license number of each registered or certified contractor
  619  employed by the business organization to supervise its
  620  contracting activities. The business organization is not
  621  required to post a bond or otherwise evidence any financial or
  622  credit information except as necessary to demonstrate compliance
  623  with paragraph (a).
  624         (c) A registered or certified contractor employed by a
  625  business organization to supervise its contracting activities
  626  under this subsection shall not be required to post a bond or
  627  otherwise evidence any personal financial or credit information
  628  so long as the individual performs contracting activities
  629  exclusively on behalf of a business organization meeting all of
  630  the requirements of paragraph (a).
  631         Section 17. Subsection (1) of section 489.127, Florida
  632  Statutes, is amended to read:
  633         489.127 Prohibitions; penalties.—
  634         (1) No person shall:
  635         (a) Falsely hold himself or herself or a business
  636  organization out as a licensee, certificateholder, or
  637  registrant;
  638         (b) Falsely impersonate a certificateholder or registrant;
  639         (c) Present as his or her own the certificate or,
  640  registration, or certificate of authority of another;
  641         (d) Knowingly give false or forged evidence to the board or
  642  a member thereof;
  643         (e) Use or attempt to use a certificate or, registration
  644  that, or certificate of authority which has been suspended or
  645  revoked;
  646         (f) Engage in the business or act in the capacity of a
  647  contractor or advertise himself or herself or a business
  648  organization as available to engage in the business or act in
  649  the capacity of a contractor without being duly registered or
  650  certified or having a certificate of authority;
  651         (g) Operate a business organization engaged in contracting
  652  after 60 days following the termination of its only qualifying
  653  agent without designating another primary qualifying agent,
  654  except as provided in ss. 489.119 and 489.1195;
  655         (h) Commence or perform work for which a building permit is
  656  required pursuant to part IV of chapter 553 without such
  657  building permit being in effect; or
  658         (i) Willfully or deliberately disregard or violate any
  659  municipal or county ordinance relating to uncertified or
  660  unregistered contractors.
  661  
  662  For purposes of this subsection, a person or business
  663  organization operating on an inactive or suspended certificate
  664  or, registration, or certificate of authority is not duly
  665  certified or registered and is considered unlicensed. A business
  666  tax receipt issued under the authority of chapter 205 is not a
  667  license for purposes of this part.
  668         Section 18. Paragraph (b) of subsection (1) of section
  669  489.128, Florida Statutes, is amended to read:
  670         489.128 Contracts entered into by unlicensed contractors
  671  unenforceable.—
  672         (1) As a matter of public policy, contracts entered into on
  673  or after October 1, 1990, by an unlicensed contractor shall be
  674  unenforceable in law or in equity by the unlicensed contractor.
  675         (b) For purposes of this section, an individual or business
  676  organization may not be considered unlicensed for failing to
  677  have a business tax receipt issued under the authority of
  678  chapter 205. A business organization may not be considered
  679  unlicensed for failing to have a certificate of authority as
  680  required by ss. 489.119 and 489.127. For purposes of this
  681  section, a business organization entering into the contract may
  682  not be considered unlicensed if, before the date established by
  683  paragraph (c), an individual possessing a license required by
  684  this part concerning the scope of the work to be performed under
  685  the contract has submitted an application for a certificate of
  686  authority designating that individual as a qualifying agent for
  687  the business organization entering into the contract, and the
  688  application was not acted upon by the department or applicable
  689  board within the time limitations imposed by s. 120.60.
  690         Section 19. Subsections (1), (5), and (7) of section
  691  489.129, Florida Statutes, are amended to read:
  692         489.129 Disciplinary proceedings.—
  693         (1) The board may take any of the following actions against
  694  any certificateholder or registrant: place on probation or
  695  reprimand the licensee, revoke, suspend, or deny the issuance or
  696  renewal of the certificate or, registration, or certificate of
  697  authority, require financial restitution to a consumer for
  698  financial harm directly related to a violation of a provision of
  699  this part, impose an administrative fine not to exceed $10,000
  700  per violation, require continuing education, or assess costs
  701  associated with investigation and prosecution, if the
  702  contractor, financially responsible officer, or business
  703  organization for which the contractor is a primary qualifying
  704  agent, a financially responsible officer, or a secondary
  705  qualifying agent responsible under s. 489.1195 is found guilty
  706  of any of the following acts:
  707         (a) Obtaining a certificate or, registration, or
  708  certificate of authority by fraud or misrepresentation.
  709         (b) Being convicted or found guilty of, or entering a plea
  710  of nolo contendere to, regardless of adjudication, a crime in
  711  any jurisdiction which directly relates to the practice of
  712  contracting or the ability to practice contracting.
  713         (c) Violating any provision of chapter 455.
  714         (d) Performing any act which assists a person or entity in
  715  engaging in the prohibited uncertified and unregistered practice
  716  of contracting, if the certificateholder or registrant knows or
  717  has reasonable grounds to know that the person or entity was
  718  uncertified and unregistered.
  719         (e) Knowingly combining or conspiring with an uncertified
  720  or unregistered person by allowing his or her certificate or,
  721  registration, or certificate of authority to be used by the
  722  uncertified or unregistered person with intent to evade the
  723  provisions of this part. When a certificateholder or registrant
  724  allows his or her certificate or registration to be used by one
  725  or more business organizations without having any active
  726  participation in the operations, management, or control of such
  727  business organizations, such act constitutes prima facie
  728  evidence of an intent to evade the provisions of this part.
  729         (f) Acting in the capacity of a contractor under any
  730  certificate or registration issued hereunder except in the name
  731  of the certificateholder or registrant as set forth on the
  732  issued certificate or registration, or in accordance with the
  733  personnel of the certificateholder or registrant as set forth in
  734  the application for the certificate or registration, or as later
  735  changed as provided in this part.
  736         (g) Committing mismanagement or misconduct in the practice
  737  of contracting that causes financial harm to a customer.
  738  Financial mismanagement or misconduct occurs when:
  739         1. Valid liens have been recorded against the property of a
  740  contractor's customer for supplies or services ordered by the
  741  contractor for the customer's job; the contractor has received
  742  funds from the customer to pay for the supplies or services; and
  743  the contractor has not had the liens removed from the property,
  744  by payment or by bond, within 75 days after the date of such
  745  liens;
  746         2. The contractor has abandoned a customer's job and the
  747  percentage of completion is less than the percentage of the
  748  total contract price paid to the contractor as of the time of
  749  abandonment, unless the contractor is entitled to retain such
  750  funds under the terms of the contract or refunds the excess
  751  funds within 30 days after the date the job is abandoned; or
  752         3. The contractor's job has been completed, and it is shown
  753  that the customer has had to pay more for the contracted job
  754  than the original contract price, as adjusted for subsequent
  755  change orders, unless such increase in cost was the result of
  756  circumstances beyond the control of the contractor, was the
  757  result of circumstances caused by the customer, or was otherwise
  758  permitted by the terms of the contract between the contractor
  759  and the customer.
  760         (h) Being disciplined by any municipality or county for an
  761  act or violation of this part.
  762         (i) Failing in any material respect to comply with the
  763  provisions of this part or violating a rule or lawful order of
  764  the board.
  765         (j) Abandoning a construction project in which the
  766  contractor is engaged or under contract as a contractor. A
  767  project may be presumed abandoned after 90 days if the
  768  contractor terminates the project without just cause or without
  769  proper notification to the owner, including the reason for
  770  termination, or fails to perform work without just cause for 90
  771  consecutive days.
  772         (k) Signing a statement with respect to a project or
  773  contract falsely indicating that the work is bonded; falsely
  774  indicating that payment has been made for all subcontracted
  775  work, labor, and materials which results in a financial loss to
  776  the owner, purchaser, or contractor; or falsely indicating that
  777  workers' compensation and public liability insurance are
  778  provided.
  779         (l) Committing fraud or deceit in the practice of
  780  contracting.
  781         (m) Committing incompetency or misconduct in the practice
  782  of contracting.
  783         (n) Committing gross negligence, repeated negligence, or
  784  negligence resulting in a significant danger to life or
  785  property.
  786         (o) Proceeding on any job without obtaining applicable
  787  local building department permits and inspections.
  788         (p) Intimidating, threatening, coercing, or otherwise
  789  discouraging the service of a notice to owner under part I of
  790  chapter 713 or a notice to contractor under chapter 255 or part
  791  I of chapter 713.
  792         (q) Failing to satisfy within a reasonable time, the terms
  793  of a civil judgment obtained against the licensee, or the
  794  business organization qualified by the licensee, relating to the
  795  practice of the licensee's profession.
  796  
  797  For the purposes of this subsection, construction is considered
  798  to be commenced when the contract is executed and the contractor
  799  has accepted funds from the customer or lender. A contractor
  800  does not commit a violation of this subsection when the
  801  contractor relies on a building code interpretation rendered by
  802  a building official or person authorized by s. 553.80 to enforce
  803  the building code, absent a finding of fraud or deceit in the
  804  practice of contracting, or gross negligence, repeated
  805  negligence, or negligence resulting in a significant danger to
  806  life or property on the part of the building official, in a
  807  proceeding under chapter 120.
  808         (5) The board may not reinstate the certification or,
  809  registration, or certificate of authority of, or cause a
  810  certificate or, registration, or certificate of authority to be
  811  issued to, a person who or business organization which the board
  812  has determined is unqualified or whose certificate or,
  813  registration, or certificate of authority the board has
  814  suspended until it is satisfied that such person or business
  815  organization has complied with all the terms and conditions set
  816  forth in the final order and is capable of competently engaging
  817  in the business of contracting.
  818         (7) The board shall not issue or renew a certificate or,
  819  registration, or certificate of authority to any person or
  820  business organization that has been assessed a fine, interest,
  821  or costs associated with investigation and prosecution, or has
  822  been ordered to pay restitution, until such fine, interest, or
  823  costs associated with investigation and prosecution or
  824  restitution are paid in full or until all terms and conditions
  825  of the final order have been satisfied.
  826         Section 20. Subsection (5) of section 489.132, Florida
  827  Statutes, is amended to read:
  828         489.132 Prohibited acts by unlicensed principals;
  829  investigation; hearing; penalties.—
  830         (5) The department may suspend, revoke, or deny issuance or
  831  renewal of a certificate or, registration, or certificate of
  832  authority for any individual or business organization that
  833  associates a person as an officer, director, or partner, or in a
  834  managerial or supervisory capacity, after such person has been
  835  found under a final order to have violated this section or was
  836  an officer, director, partner, trustee, or manager of a business
  837  organization disciplined by the board by revocation, suspension,
  838  or fine in excess of $2,500, upon finding reasonable cause that
  839  such person knew or reasonably should have known of the conduct
  840  leading to the discipline.
  841         Section 21. Subsection (5) of section 489.513, Florida
  842  Statutes, is amended to read:
  843         489.513 Registration; application; requirements.—
  844         (5) Registration permits the registrant to engage in
  845  contracting only in the area and for the type of work covered by
  846  the registration, unless local licenses are issued for other
  847  areas and types of work or unless certification is obtained.
  848  When a registrant desires to register in an additional area of
  849  the state, he or she shall first comply with any local
  850  requirements of that area and then file a request with the
  851  department, together with evidence of holding a current
  852  occupational license or license issued by the county or
  853  municipality for the area or areas in which he or she desires to
  854  be registered, whereupon his or her evidence of registration
  855  shall be endorsed by the department to reflect valid
  856  registration for the new area or areas.
  857         Section 22. Subsections (8) through (22) of section
  858  548.002, Florida Statutes, are renumbered as subsections (9)
  859  through (23), respectively, and a new subsection (8) is added to
  860  that section, to read:
  861         548.002 Definitions.—As used in this chapter, the term:
  862         (8)“Event” means one or more matches comprising a show.
  863         Section 23. Paragraph (k) of subsection (2) of section
  864  548.003, Florida Statutes, is amended to read:
  865         548.003 Florida State Boxing Commission.—
  866         (2) The Florida State Boxing Commission, as created by
  867  subsection (1), shall administer the provisions of this chapter.
  868  The commission has authority to adopt rules pursuant to ss.
  869  120.536(1) and 120.54 to implement the provisions of this
  870  chapter and to implement each of the duties and responsibilities
  871  conferred upon the commission, including, but not limited to:
  872         (k) Establishment of criteria for approval, disapproval,
  873  suspension of approval, and revocation of approval of amateur
  874  sanctioning organizations for amateur boxing, and kickboxing,
  875  and mixed martial arts matches held in this state, including,
  876  but not limited to, the health and safety standards the
  877  organizations use before, during, and after the matches to
  878  ensure the health, safety, and well-being of the amateurs
  879  participating in the matches, including the qualifications and
  880  numbers of health care personnel required to be present, the
  881  qualifications required for referees, and other requirements
  882  relating to the health, safety, and well-being of the amateurs
  883  participating in the matches. The commission may adopt by rule,
  884  or incorporate by reference into rule, the health and safety
  885  standards of USA Boxing as the minimum health and safety
  886  standards for an amateur boxing sanctioning organization, and
  887  the health and safety standards of the International Sport
  888  Kickboxing Association as the minimum health and safety
  889  standards for an amateur kickboxing sanctioning organization and
  890  amateur mixed martial arts sanctioning organization. The
  891  commission shall review its rules for necessary revision at
  892  least every 2 years and may adopt by rule, or incorporate by
  893  reference into rule, the then-existing current health and safety
  894  standards of USA Boxing and the International Sport Kickboxing
  895  Association. The commission may adopt emergency rules to
  896  administer this paragraph.
  897         Section 24. For the purpose of incorporating the amendment
  898  made by this act to subsection (1) of section 455.227, Florida
  899  Statutes, in a reference thereto, paragraph (a) of subsection
  900  (2) of section 468.436, Florida Statutes, is reenacted to read:
  901         468.436 Disciplinary proceedings.—
  902         (2) The following acts constitute grounds for which the
  903  disciplinary actions in subsection (4) may be taken:
  904         (a) Violation of any provision of s. 455.227(1).
  905         Section 25. For the purpose of incorporating the amendment
  906  made by this act to subsection (1) of section 455.227, Florida
  907  Statutes, in a reference thereto, paragraph (a) of subsection
  908  (1) of section 468.832, Florida Statutes, is reenacted to read:
  909         468.832 Disciplinary proceedings.—
  910         (1) The following acts constitute grounds for which the
  911  disciplinary actions in subsection (2) may be taken:
  912         (a) Violation of any provision of this part or s.
  913  455.227(1);
  914         Section 26. For the purpose of incorporating the amendment
  915  made by this act to subsection (1) of section 455.227, Florida
  916  Statutes, in a reference thereto, paragraph (a) of subsection
  917  (1) of section 468.842, Florida Statutes, is reenacted to read:
  918         468.842 Disciplinary proceedings.—
  919         (1) The following acts constitute grounds for which the
  920  disciplinary actions in subsection (2) may be taken:
  921         (a) Violation of any provision of this part or s.
  922  455.227(1);
  923         Section 27. For the purpose of incorporating the amendment
  924  made by this act to subsection (1) of section 455.227, Florida
  925  Statutes, in a reference thereto, paragraph (a) of subsection
  926  (1) of section 471.033, Florida Statutes, is reenacted to read:
  927         471.033 Disciplinary proceedings.—
  928         (1) The following acts constitute grounds for which the
  929  disciplinary actions in subsection (3) may be taken:
  930         (a) Violating any provision of s. 455.227(1), s. 471.025,
  931  or s. 471.031, or any other provision of this chapter or rule of
  932  the board or department.
  933         Section 28. For the purpose of incorporating the amendment
  934  made by this act to section (1) of section 455.227, Florida
  935  Statutes, in a reference thereto, paragraph (a) of subsection
  936  (1) of section 472.033, Florida Statutes, is reenacted to read:
  937         472.033 Disciplinary proceedings.—
  938         (1) The following acts constitute grounds for which the
  939  disciplinary actions in subsection (2) may be taken:
  940         (a) Violation of any provision of s. 472.031 or s.
  941  455.227(1);
  942         Section 29. For the purpose of incorporating the amendment
  943  made by this act to subsection (1) of section 455.227, Florida
  944  Statutes, in a reference thereto, paragraph (a) of subsection
  945  (1) of section 473.323, Florida Statutes, is reenacted to read:
  946         473.323 Disciplinary proceedings.—
  947         (1) The following acts constitute grounds for which the
  948  disciplinary actions in subsection (3) may be taken:
  949         (a) Violation of any provision of s. 455.227(1) or any
  950  other provision of this chapter.
  951         Section 30. For the purpose of incorporating the amendment
  952  made by this act to subsection (1) of section 455.227, Florida
  953  Statutes, in a reference thereto, paragraph (a) of subsection
  954  (1) of section 475.25, Florida Statutes, is reenacted to read:
  955         475.25 Discipline.—
  956         (1) The commission may deny an application for licensure,
  957  registration, or permit, or renewal thereof; may place a
  958  licensee, registrant, or permittee on probation; may suspend a
  959  license, registration, or permit for a period not exceeding 10
  960  years; may revoke a license, registration, or permit; may impose
  961  an administrative fine not to exceed $5,000 for each count or
  962  separate offense; and may issue a reprimand, and any or all of
  963  the foregoing, if it finds that the licensee, registrant,
  964  permittee, or applicant:
  965         (a) Has violated any provision of s. 455.227(1) or s.
  966  475.42. However, licensees under this part are exempt from the
  967  provisions of s. 455.227(1)(i).
  968         Section 31. For the purpose of incorporating the amendment
  969  made by this act to subsection (1) of section 455.227, Florida
  970  Statutes, in a reference thereto, subsection (1) of section
  971  475.624, Florida Statutes, is reenacted to read:
  972         475.624 Discipline.—The board may deny an application for
  973  registration or certification; may investigate the actions of
  974  any appraiser registered, licensed, or certified under this
  975  part; may reprimand or impose an administrative fine not to
  976  exceed $5,000 for each count or separate offense against any
  977  such appraiser; and may revoke or suspend, for a period not to
  978  exceed 10 years, the registration, license, or certification of
  979  any such appraiser, or place any such appraiser on probation, if
  980  it finds that the registered trainee, licensee, or
  981  certificateholder:
  982         (1) Has violated any provisions of this part or s.
  983  455.227(1); however, certificateholders, registrants, and
  984  licensees under this part are exempt from the provisions of s.
  985  455.227(1)(i).
  986         Section 32. For the purpose of incorporating the amendment
  987  made by this act to subsection (1) of section 455.227, Florida
  988  Statutes, in a reference thereto, paragraph (h) of subsection
  989  (1) of section 476.204, Florida Statutes, is reenacted to read:
  990         476.204 Penalties.—
  991         (1) It is unlawful for any person to:
  992         (h) Violate any provision of s. 455.227(1), s. 476.194, or
  993  s. 476.214.
  994         Section 33. For the purpose of incorporating the amendment
  995  made by this act to subsection (1) of section 455.227, Florida
  996  Statutes, in a reference thereto, paragraph (h) of subsection
  997  (1) of section 477.029, Florida Statutes, is reenacted to read:
  998         477.029 Penalty.—
  999         (1) It is unlawful for any person to:
 1000         (h) Violate any provision of s. 455.227(1), s. 477.0265, or
 1001  s. 477.028.
 1002         Section 34. For the purpose of incorporating the amendment
 1003  made by this act to subsection (1) of section 455.227, Florida
 1004  Statutes, in a reference thereto, paragraph (a) of subsection
 1005  (1) of section 481.225, Florida Statutes, is reenacted to read:
 1006         481.225 Disciplinary proceedings against registered
 1007  architects.—
 1008         (1) The following acts constitute grounds for which the
 1009  disciplinary actions in subsection (3) may be taken:
 1010         (a) Violating any provision of s. 455.227(1), s. 481.221,
 1011  or s. 481.223, or any rule of the board or department lawfully
 1012  adopted pursuant to this part or chapter 455.
 1013         Section 35. For the purpose of incorporating the amendment
 1014  made by this act to subsection (1) of section 455.227, Florida
 1015  Statutes, in a reference thereto, paragraph (a) of subsection
 1016  (1) of section 481.325, Florida Statutes, is reenacted to read:
 1017         481.325 Disciplinary proceedings.—
 1018         (1) The following acts constitute grounds for which the
 1019  disciplinary actions in subsection (3) may be taken:
 1020         (a) Violation of any provision of s. 455.227(1), s.
 1021  481.321, or s. 481.323.
 1022         Section 36. Section 509.201, Florida Statutes, is repealed.
 1023         Section 37. Section 509.233, Florida Statutes, is amended
 1024  to read:
 1025         509.233 Public food service establishment requirements;
 1026  local exemption for dogs in designated outdoor portions; pilot
 1027  program.—
 1028         (1)INTENT.—It is the intent of the Legislature by this
 1029  section to establish a 3-year pilot program for local
 1030  governments to allow patrons' dogs within certain designated
 1031  outdoor portions of public food service establishments.
 1032         (1)(2) LOCAL EXEMPTION AUTHORIZED.—Notwithstanding s.
 1033  509.032(7), the governing body of a local government
 1034  participating in the pilot program is authorized to establish,
 1035  by ordinance, a local exemption procedure to certain provisions
 1036  of the Food and Drug Administration Food Code, as currently
 1037  adopted by the division, in order to allow patrons' dogs within
 1038  certain designated outdoor portions of public food service
 1039  establishments.
 1040         (2)(3) LOCAL DISCRETION; CODIFICATION.—
 1041         (a) The adoption of the local exemption procedure shall be
 1042  at the sole discretion of the governing body of a participating
 1043  local government. Nothing in this section shall be construed to
 1044  require or compel a local governing body to adopt an ordinance
 1045  pursuant to this section.
 1046         (b) Any ordinance adopted pursuant to this section shall
 1047  provide for codification within the land development code of a
 1048  participating local government.
 1049         (3)(4) LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.—
 1050         (a) Any local exemption procedure adopted pursuant to this
 1051  section shall only provide a variance to those portions of the
 1052  currently adopted Food and Drug Administration Food Code in
 1053  order to allow patrons' dogs within certain designated outdoor
 1054  portions of public food service establishments.
 1055         (b) In order to protect the health, safety, and general
 1056  welfare of the public, the local exemption procedure shall
 1057  require participating public food service establishments to
 1058  apply for and receive a permit from the governing body of the
 1059  local government before allowing patrons' dogs on their
 1060  premises. The local government shall require from the applicant
 1061  such information as the local government deems reasonably
 1062  necessary to enforce the provisions of this section, but shall
 1063  require, at a minimum, the following information:
 1064         1. The name, location, and mailing address of the public
 1065  food service establishment.
 1066         2. The name, mailing address, and telephone contact
 1067  information of the permit applicant.
 1068         3. A diagram and description of the outdoor area to be
 1069  designated as available to patrons' dogs, including dimensions
 1070  of the designated area; a depiction of the number and placement
 1071  of tables, chairs, and restaurant equipment, if any; the
 1072  entryways and exits to the designated outdoor area; the
 1073  boundaries of the designated area and of other areas of outdoor
 1074  dining not available for patrons' dogs; any fences or other
 1075  barriers; surrounding property lines and public rights-of-way,
 1076  including sidewalks and common pathways; and such other
 1077  information reasonably required by the permitting authority. The
 1078  diagram or plan shall be accurate and to scale but need not be
 1079  prepared by a licensed design professional.
 1080         4. A description of the days of the week and hours of
 1081  operation that patrons' dogs will be permitted in the designated
 1082  outdoor area.
 1083         (c) In order to protect the health, safety, and general
 1084  welfare of the public, the local exemption ordinance shall
 1085  include such regulations and limitations as deemed necessary by
 1086  the participating local government and shall include, but not be
 1087  limited to, the following requirements:
 1088         1. All public food service establishment employees shall
 1089  wash their hands promptly after touching, petting, or otherwise
 1090  handling dogs. Employees shall be prohibited from touching,
 1091  petting, or otherwise handling dogs while serving food or
 1092  beverages or handling tableware or before entering other parts
 1093  of the public food service establishment.
 1094         2. Patrons in a designated outdoor area shall be advised
 1095  that they should wash their hands before eating. Waterless hand
 1096  sanitizer shall be provided at all tables in the designated
 1097  outdoor area.
 1098         3. Employees and patrons shall be instructed that they
 1099  shall not allow dogs to come into contact with serving dishes,
 1100  utensils, tableware, linens, paper products, or any other items
 1101  involved in food service operations.
 1102         4. Patrons shall keep their dogs on a leash at all times
 1103  and shall keep their dogs under reasonable control.
 1104         5. Dogs shall not be allowed on chairs, tables, or other
 1105  furnishings.
 1106         6. All table and chair surfaces shall be cleaned and
 1107  sanitized with an approved product between seating of patrons.
 1108  Spilled food and drink shall be removed from the floor or ground
 1109  between seating of patrons.
 1110         7. Accidents involving dog waste shall be cleaned
 1111  immediately and the area sanitized with an approved product. A
 1112  kit with the appropriate materials for this purpose shall be
 1113  kept near the designated outdoor area.
 1114         8. A sign or signs reminding employees of the applicable
 1115  rules shall be posted on premises in a manner and place as
 1116  determined by the local permitting authority.
 1117         9. A sign or signs reminding patrons of the applicable
 1118  rules shall be posted on premises in a manner and place as
 1119  determined by the local permitting authority.
 1120         10. A sign or signs shall be posted in a manner and place
 1121  as determined by the local permitting authority that places the
 1122  public on notice that the designated outdoor area is available
 1123  for the use of patrons and patrons' dogs.
 1124         11. Dogs shall not be permitted to travel through indoor or
 1125  nondesignated outdoor portions of the public food service
 1126  establishment, and ingress and egress to the designated outdoor
 1127  portions of the public food service establishment must not
 1128  require entrance into or passage through any indoor area of the
 1129  food establishment.
 1130         (d) A permit issued pursuant to this section shall not be
 1131  transferred to a subsequent owner upon the sale of a public food
 1132  service establishment but shall expire automatically upon the
 1133  sale of the establishment. The subsequent owner shall be
 1134  required to reapply for a permit pursuant to this section if the
 1135  subsequent owner wishes to continue to accommodate patrons'
 1136  dogs.
 1137         (4)(5) POWERS; ENFORCEMENT.—Participating local governments
 1138  shall have such powers as are reasonably necessary to regulate
 1139  and enforce the provisions of this section.
 1140         (5)(6) STATE AND LOCAL COOPERATION.—The division shall
 1141  provide reasonable assistance to participating local governments
 1142  in the development of enforcement procedures and regulations,
 1143  and participating local governments shall monitor permitholders
 1144  for compliance in cooperation with the division. At a minimum,
 1145  participating local governments shall establish a procedure to
 1146  accept, document, and respond to complaints and to timely report
 1147  to the division all such complaints and the participating local
 1148  governments' enforcement responses to such complaints. A
 1149  participating local government shall provide the division with a
 1150  copy of all approved applications and permits issued, and the
 1151  participating local government shall require that all
 1152  applications, permits, and other related materials contain the
 1153  appropriate division-issued license number for each public food
 1154  service establishment.
 1155         (7)FUTURE REVIEW AND REPEAL.—This section shall expire
 1156  July 1, 2009, unless reviewed and saved from repeal through
 1157  reenactment by the Legislature.
 1158         Section 38. This act shall take effect October 1, 2009.
 1159  

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