September 19, 2020
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       Florida Senate - 2009                             CS for SB 2262
       
       
       
       By the Committee on Regulated Industries; and Senator Gaetz
       
       
       
       
       580-04977-09                                          20092262c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Business and
    3         Professional Regulation; amending s. 455.213, F.S.;
    4         deleting signature notarization from the information
    5         that the department may require in documents submitted
    6         for the issuance or renewal of a license; prescribing
    7         when an application is received for purposes of
    8         certain requirements of the Administrative Procedure
    9         Act; amending s. 455.227, F.S.; establishing
   10         additional grounds for discipline of professions
   11         subject to regulation; prohibiting the failure to
   12         report criminal convictions and pleas; prohibiting the
   13         failure to complete certain treatment programs;
   14         providing penalties; creating s. 455.2274, F.S.;
   15         authorizing the department’s representative to appear
   16         in criminal proceedings under certain circumstances
   17         and provide certain assistance to the court; amending
   18         s. 468.402, F.S.; providing for certain disciplinary
   19         action against a talent agency for revocation,
   20         suspension, or denial of the agency’s license in any
   21         jurisdiction; amending s. 468.403, F.S.; prohibiting
   22         certain acts by persons who are not licensed as a
   23         talent agency; amending s. 468.409, F.S.; requiring
   24         certain records kept by a talent agency to be readily
   25         available for inspection by the department; requiring
   26         copies of the records to be provided to the department
   27         in a specified manner; amending s. 468.410, F.S.;
   28         specifying the time by which a talent agency must give
   29         an applicant for the agency’s registration or
   30         employment services a copy of the contract for those
   31         services; amending s. 468.412, F.S.; requiring a
   32         talent agency to advise an artist, in writing, of
   33         certain rights relating to contracts for employment;
   34         specifying that an engagement procured by a talent
   35         agency during a specified period remains
   36         commissionable to the agency; limiting a prohibition
   37         against division of fees by a talent agency to
   38         circumstances in which the artist does not give
   39         written consent; providing a definition; authorizing a
   40         talent agency to assign an engagement contract to
   41         another agency under certain circumstances; amending
   42         s. 468.413, F.S.; increasing the penalty that the
   43         department may assess against a talent agency that
   44         violates certain provisions of law; amending s.
   45         468.609, F.S.; deleting a requirement that applicants
   46         for building code administrator certification complete
   47         a certain core curriculum before taking the
   48         certification examination; amending ss. 468.627 and
   49         471.0195, F.S.; deleting provisions requiring building
   50         code administrator and inspector certificateholders
   51         and engineer licensees to complete a certain core
   52         curriculum or pass an equivalency test of the Florida
   53         Building Code Compliance and Mitigation Program;
   54         amending s. 473.305, F.S.; deleting an examination
   55         late filing fee applicable to certified public
   56         accountant examinees; amending s. 473.311, F.S.;
   57         deleting a provision requiring passage of a rules
   58         examination for renewal of license as a certified
   59         public accountant; amending s. 473.313, F.S.; deleting
   60         a provision requiring passage of an examination as a
   61         condition for reactivation of an inactive license as a
   62         certified public accountant; amending s. 475.175,
   63         F.S.; deleting the option to submit a notarized
   64         application for a real estate broker or sales
   65         associate license; amending s. 475.451, F.S.; limiting
   66         the attorney exemption from continuing education
   67         requirements to attorneys in good standing with The
   68         Florida Bar; amending s. 475.615, F.S.; deleting a
   69         requirement that an application for a real estate
   70         appraiser certification be notarized; amending ss.
   71         476.134 and 476.144, F.S.; requiring a written
   72         examination for a barbering license; deleting
   73         provisions for a practical examination for barbering
   74         license applicants; amending s. 477.026 F.S.;
   75         increasing statutory maximums on cosmetology licensing
   76         fees; amending ss. 481.215 and 481.313, F.S.; deleting
   77         provisions requiring architect, interior designer, and
   78         landscape architect licensees to complete a certain
   79         core curriculum or pass an equivalency test of the
   80         Florida Building Code Compliance and Mitigation
   81         Program; amending s. 489.103, F.S.; revising a
   82         disclosure statement that a local permitting agency
   83         must provide to property owners who apply for building
   84         permits and claim certain exemptions from provisions
   85         regulating construction contracting; amending s.
   86         489.105, F.S.; revising the term “specialty
   87         contractor” to require that the scope of work and
   88         responsibility of a specialty contractor be
   89         established in a category of construction contracting
   90         adopted by rule of the Construction Industry Licensing
   91         Board; amending s. 489.109, F.S.; increasing statutory
   92         maximums on construction renewal fees; establishing a
   93         fee for registration or certification to qualify a
   94         business organization for contracting; deleting
   95         provisions relating to a business organization’s
   96         certificate of authority to conform to changes made by
   97         the act; amending s. 489.114, F.S.; deleting
   98         provisions relating to a business organization’s
   99         certificate of authority to conform to changes made by
  100         the act; amending s. 489.115, F.S.; deleting
  101         provisions requiring construction contractor
  102         certificateholders and registrants to complete a
  103         certain core curriculum or pass an equivalency test of
  104         the Florida Building Code Compliance and Mitigation
  105         Program; amending s. 489.117, F.S.; revising
  106         requirements for the registration of certain
  107         contractors; deleting provisions requiring a
  108         contractor applicant to submit proof of a local
  109         occupational license; specifying circumstances under
  110         which a specialty contractor holding a local license
  111         is not required to register with the board; deleting
  112         provisions for the issuance of tracking registrations
  113         to certain contractors who are not eligible for
  114         registration as specialty contractors; limiting the
  115         licensing and disciplinary actions that local
  116         jurisdictions must report to the board to certain
  117         actions of registered contractors; deleting provisions
  118         requiring the board to establish uniform job scopes
  119         for any construction contracting license category;
  120         amending s. 489.119, F.S.; deleting provisions for the
  121         issuance of a certificate of authority to a business
  122         organization for contracting; requiring a contractor
  123         to apply for registration or certification to qualify
  124         a business organization as the qualifying agent;
  125         authorizing the board to deny a registration or
  126         certification to qualify a business organization under
  127         certain circumstances; providing application
  128         procedures and requirements for the issuance of a
  129         business tax receipt to a business organization;
  130         deleting provisions for the issuance of an
  131         occupational license to a business organization;
  132         authorizing a local government to impose fines against
  133         certified or registered contractors under certain
  134         circumstances; requiring the qualifying agent of a
  135         business organization to present certain evidence to
  136         the board; providing that the board has discretion to
  137         approve a business organization; amending s. 489.127,
  138         F.S.; deleting provisions relating to a business
  139         organization’s certificate of authority for
  140         contracting to conform to changes made by the act;
  141         amending s. 489.128, F.S.; revising the circumstances
  142         under which a person is considered an unlicensed
  143         contractor; deleting provisions relating to a business
  144         organization’s certificate of authority for
  145         contracting to conform to changes made by the act;
  146         amending ss. 489.129 and 489.132, F.S.; deleting
  147         provisions relating to a business organization’s
  148         certificate of authority for contracting to conform to
  149         changes made by the act; amending s. 489.1455, F.S.;
  150         deleting provisions requiring certain journeymen
  151         licensees to complete a certain core curriculum or
  152         pass an equivalency test of the Florida Building Code
  153         Compliance and Mitigation Program; amending s.
  154         489.505, F.S.; revising the term “specialty
  155         contractor” to require that the scope of practice of a
  156         specialty contractor be established in a category of
  157         electrical or alarm system contracting adopted by rule
  158         of the Electrical Contractors’ Licensing Board;
  159         amending s. 489.513, F.S.; deleting a requirement that
  160         the local license required for an electrical or alarm
  161         system contractor be an occupational license; limiting
  162         the licensing and disciplinary actions that local
  163         jurisdictions must report to the board to certain
  164         actions of registered contractors; deleting provisions
  165         requiring the board to establish uniform job scopes
  166         for any electrical and alarm system contracting
  167         license category; amending s. 489.516, F.S.;
  168         authorizing local officials to require a contractor to
  169         obtain a business tax receipt; deleting provisions
  170         requiring a contractor to pay an occupational license
  171         fee; amending s. 489.517, F.S.; deleting provisions
  172         requiring electrical and alarm system contractor
  173         certificateholders and registrants to complete a
  174         certain core curriculum or pass an equivalency test of
  175         the Florida Building Code Compliance and Mitigation
  176         Program; amending s. 489.521, F.S.; providing
  177         application procedures and requirements for the
  178         issuance of a business tax receipt to a business
  179         organization; deleting provisions for the issuance of
  180         an occupational license to a business organization;
  181         amending s. 489.5315, F.S.; specifying that certain
  182         electrical or alarm system contractors are not
  183         required to obtain a business tax receipt; deleting a
  184         provision exempting certain contractors from
  185         requirements for an occupational license to conform to
  186         changes made by the act; amending s. 489.532, F.S.;
  187         revising the circumstances under which a person is
  188         considered an unlicensed electrical or alarm system
  189         contractor; amending s. 489.537, F.S.; authorizing a
  190         county or municipality to collect fees for business
  191         tax receipts from electrical and alarm system
  192         contractors; deleting a provision authorizing the
  193         collection of occupational license fees; amending s.
  194         509.233, F.S.; authorizing local governments to
  195         establish, by ordinance, local exemption procedures to
  196         allow patrons’ dogs within certain designated outdoor
  197         portions of public food service establishments;
  198         deleting provisions for a pilot program that limits
  199         the authority for such local exemption procedures to a
  200         specified time; deleting a provision that provides for
  201         the future review and repeal of such pilot program;
  202         amending s. 548.002, F.S.; defining the term “event”
  203         for regulation of pugilistic exhibitions; amending s.
  204         548.003, F.S.; authorizing the Florida State Boxing
  205         Commission to adopt criteria for the approval of
  206         certain amateur sanctioning organizations; authorizing
  207         the commission to adopt health and safety standards
  208         for amateur mixed martial arts; reenacting ss.
  209         468.436(2)(a), 468.832(1)(a), 468.842(1)(a),
  210         471.033(1)(a), 472.033(1)(a), 473.323(1)(a),
  211         475.25(1)(a), 475.624(1), 476.204(1)(h),
  212         477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
  213         relating to the discipline of community association
  214         managers or firms, home inspectors, mold assessors and
  215         remediators, engineers, surveyors and mappers,
  216         certified public accountants and accounting firms,
  217         real estate brokers and sales associates, real estate
  218         appraisers, barbers, cosmetologists, architects, and
  219         landscape architects, to incorporate the amendment
  220         made to s. 455.227, F.S., in references thereto;
  221         repealing s. 509.201, F.S., relating to posting and
  222         advertising the room rates of a public lodging
  223         establishment and related penalties; providing for
  224         retroactive application; providing effective dates.
  225  
  226  Be It Enacted by the Legislature of the State of Florida:
  227  
  228         Section 1. Subsection (1) of section 455.213, Florida
  229  Statutes, is amended to read:
  230         455.213 General licensing provisions.—
  231         (1) Any person desiring to be licensed shall apply to the
  232  department in writing. The application for licensure shall be
  233  submitted made on a form prescribed prepared and furnished by
  234  the department and must include the applicant’s social security
  235  number. Notwithstanding any other provision of law, the
  236  department is the sole authority for determining the contents of
  237  any documents to be submitted for initial licensure and
  238  licensure renewal. Such documents may contain information
  239  including, as appropriate: demographics, education, work
  240  history, personal background, criminal history, finances,
  241  business information, complaints, inspections, investigations,
  242  discipline, bonding, signature notarization, photographs,
  243  performance periods, reciprocity, local government approvals,
  244  supporting documentation, periodic reporting requirements,
  245  fingerprint requirements, continuing education requirements, and
  246  ongoing education monitoring. The application shall be
  247  supplemented as needed to reflect any material change in any
  248  circumstance or condition stated in the application which takes
  249  place between the initial filing of the application and the
  250  final grant or denial of the license and which might affect the
  251  decision of the department. In order to further the economic
  252  development goals of the state, and notwithstanding any law to
  253  the contrary, the department may enter into an agreement with
  254  the county tax collector for the purpose of appointing the
  255  county tax collector as the department’s agent to accept
  256  applications for licenses and applications for renewals of
  257  licenses. The agreement must specify the time within which the
  258  tax collector must forward any applications and accompanying
  259  application fees to the department. In cases where a person
  260  applies or schedules directly with a national examination
  261  organization or examination vendor to take an examination
  262  required for licensure, any organization- or vendor-related fees
  263  associated with the examination may be paid directly to the
  264  organization or vendor. An application is received for purposes
  265  of s. 120.60 upon the department’s receipt of the application
  266  submitted in the format prescribed by the department; the
  267  application fee set by the board or, if there is no board, set
  268  by the department; and any other fee required by law or rule to
  269  be remitted with the application.
  270         Section 2. Paragraphs (t) and (u) are added to subsection
  271  (1) of section 455.227, Florida Statutes, to read:
  272         455.227 Grounds for discipline; penalties; enforcement.—
  273         (1) The following acts shall constitute grounds for which
  274  the disciplinary actions specified in subsection (2) may be
  275  taken:
  276         (t)Failing to report in writing to the board or, if there
  277  is no board, to the department within 30 days after the licensee
  278  is convicted or found guilty of, or entered a plea of nolo
  279  contendere or guilty to, regardless of adjudication, a crime in
  280  any jurisdiction. A licensee must report a conviction, finding
  281  of guilt, plea, or adjudication entered before the effective
  282  date of this paragraph within 30 days after the effective date
  283  of this paragraph.
  284         (u)Termination from a treatment program for impaired
  285  practitioners as described in s. 456.076 for failure to comply,
  286  without good cause, with the terms of the monitoring or
  287  treatment contract entered into by the licensee or failing to
  288  successfully complete a drug or alcohol treatment program.
  289         Section 3. Section 455.2274, Florida Statutes, is created
  290  to read:
  291         455.2274Criminal proceedings against licensees;
  292  appearances by department representatives.—A representative of
  293  the department may voluntarily appear in a criminal proceeding
  294  brought against a person licensed by the department to practice
  295  a profession regulated by the state. The department’s
  296  representative is authorized to furnish pertinent information,
  297  make recommendations regarding specific conditions of probation,
  298  and provide other assistance to the court necessary to promote
  299  justice or protect the public. The court may order a
  300  representative of the department to appear in a criminal
  301  proceeding if the crime charged is substantially related to the
  302  qualifications, functions, or duties of a license regulated by
  303  the department.
  304         Section 4. Paragraph (i) of subsection (1) of section
  305  468.402, Florida Statutes, is amended to read:
  306         468.402 Duties of the department; authority to issue and
  307  revoke license; adoption of rules.—
  308         (1) The department may take any one or more of the actions
  309  specified in subsection (5) against any person who has:
  310         (i) Had a license to operate a talent agency revoked,
  311  suspended, or otherwise acted against, including, but not
  312  limited to, having been denied a license for good cause by the
  313  licensing authority of any another state, territory, or country.
  314         Section 5. Subsection (1) of section 468.403, Florida
  315  Statutes, is amended to read:
  316         468.403 License requirements.—
  317         (1) A person may not own, operate, solicit business, or
  318  otherwise engage in or carry on the occupation of a talent
  319  agency in this state unless the such person first procures a
  320  license for the talent agency from the department. However, A
  321  license is not required for a person who acts as an agent for
  322  herself or himself, a family member, or exclusively for one
  323  artist. However, a person may not advertise or otherwise hold
  324  himself or herself out as a “talent agency” or “talent agent”
  325  unless the person is licensed under this section as a talent
  326  agency.
  327         Section 6. Section 468.409, Florida Statutes, is amended to
  328  read:
  329         468.409 Records required to be kept.—Each talent agency
  330  shall keep on file the application, registration, or contract of
  331  each artist. In addition, such file must include the name and
  332  address of each artist, the amount of the compensation received,
  333  and all attempts to procure engagements for the artist. No such
  334  agency or employee thereof shall knowingly make any false entry
  335  in applicant files or receipt files. Each card or document in
  336  such files shall be preserved for a period of 1 year after the
  337  date of the last entry thereon. Records required under this
  338  section shall be readily available for inspection by the
  339  department during reasonable business hours at the talent
  340  agency’s principal office. A talent agency must provide the
  341  department with true copies of the records in the manner
  342  prescribed by the department.
  343         Section 7. Subsection (3) of section 468.410, Florida
  344  Statutes, is amended to read:
  345         468.410 Prohibition against registration fees; referral.—
  346         (3) A talent agency shall give each applicant a copy of a
  347  contract, within 24 hours after the contract’s execution, which
  348  lists the services to be provided and the fees to be charged.
  349  The contract shall state that the talent agency is regulated by
  350  the department and shall list the address and telephone number
  351  of the department.
  352         Section 8. Subsections (5) and (8) of section 468.412,
  353  Florida Statutes, are amended, and subsection (11) is added to
  354  that section, to read:
  355         468.412 Talent agency regulations; prohibited acts.—
  356         (5)(a) No talent agency may knowingly issue a contract for
  357  employment containing any term or condition which, if complied
  358  with, would be in violation of law, or attempt to fill an order
  359  for help to be employed in violation of law.
  360         (b)A talent agency must advise an artist, in writing, that
  361  the artist has a right to rescind a contract for employment
  362  within the first 3 business days after the contract’s execution.
  363  Any engagement procured by the talent agency for the artist
  364  during the first 3 business days of the contract remains
  365  commissionable to the talent agency.
  366         (8) No talent agency, without the written consent of the
  367  artist, may divide fees with anyone, including, but not limited
  368  to, an agent or other employee of an employer, a buyer, a
  369  casting director, a producer, a director, or any venue that uses
  370  entertainment. For purposes of this subsection, to “divide fees”
  371  includes the sharing among two or more persons those fees
  372  charged to an artist for services performed on behalf of that
  373  artist, the total amount of which fees exceeds the amount that
  374  would have been charged to the artist by the talent agency
  375  alone.
  376         (11)A talent agency may assign an engagement contract to
  377  another talent agency licensed in this state only if the artist
  378  agrees in writing to the assignment. The assignment must occur,
  379  and written notice of the assignment must be given to the
  380  artist, within 30 days after the artist agrees in writing to the
  381  assignment.
  382         Section 9. Subsection (4) of section 468.413, Florida
  383  Statutes, is amended to read:
  384         468.413 Legal requirements; penalties.—
  385         (4) In the event the department or any state attorney shall
  386  have probable cause to believe that a talent agency or other
  387  person has violated any provision of subsection (1), an action
  388  may be brought by the department or any state attorney to enjoin
  389  such talent agency or any person from continuing such violation,
  390  or engaging therein or doing any acts in furtherance thereof,
  391  and for such other relief as to the court seems appropriate. In
  392  addition to this remedy, the department may assess a penalty
  393  against any talent agency or any person in an amount not to
  394  exceed $5,000 $1,000.
  395         Section 10. Paragraph (d) of subsection (3) of section
  396  468.609, Florida Statutes, is amended to read:
  397         468.609 Administration of this part; standards for
  398  certification; additional categories of certification.—
  399         (3) A person may take the examination for certification as
  400  a building code administrator pursuant to this part if the
  401  person:
  402         (d)After the building code training program is established
  403  under s. 553.841, demonstrates successful completion of the core
  404  curriculum approved by the Florida Building Commission,
  405  appropriate to the licensing category sought.
  406         Section 11. Subsection (6) of section 468.627, Florida
  407  Statutes, is amended to read:
  408         468.627 Application; examination; renewal; fees.—
  409         (6)Each certificateholder shall provide to the board proof
  410  of completion of the core curriculum courses of the building
  411  code training program established by s. 553.841, within 2 years
  412  after commencement of the program. Each new certificateholder
  413  shall provide to the board proof of completion of the core
  414  curriculum courses of the building code training program
  415  established in s. 553.841 within the first 2-year period after
  416  initial licensure. Continuing education hours spent taking such
  417  core curriculum courses shall count toward the number required
  418  for license renewal.
  419         Section 12. Section 471.0195, Florida Statutes, is amended
  420  to read:
  421         471.0195 Florida Building Code training for engineers.—All
  422  licensees actively participating in the design of engineering
  423  works or systems in connection with buildings, structures, or
  424  facilities and systems covered by the Florida Building Code
  425  shall take continuing education courses and submit proof to the
  426  board, at such times and in such manner as established by the
  427  board by rule, that the licensee has completed the core
  428  curriculum courses and any specialized or advanced courses on
  429  any portion of the Florida Building Code applicable to the
  430  licensee’s area of practice or has passed the appropriate
  431  equivalency test of the Building Code Training Program as
  432  required by s. 553.841. The board shall record reported
  433  continuing education courses on a system easily accessed by code
  434  enforcement jurisdictions for evaluation when determining
  435  license status for purposes of processing design documents.
  436  Local jurisdictions shall be responsible for notifying the board
  437  when design documents are submitted for building construction
  438  permits by persons who are not in compliance with this section.
  439  The board shall take appropriate action as provided by its rules
  440  when such noncompliance is determined to exist.
  441         Section 13. Section 473.305, Florida Statutes, is amended
  442  to read:
  443         473.305 Fees.—The board, by rule, may establish fees to be
  444  paid for applications, examination, reexamination, licensing and
  445  renewal, reinstatement, and recordmaking and recordkeeping. The
  446  fee for the examination shall be established at an amount that
  447  covers the costs for the procurement or development,
  448  administration, grading, and review of the examination. The fee
  449  for the examination is refundable if the applicant is found to
  450  be ineligible to sit for the examination. The fee for initial
  451  application is nonrefundable, and the combined fees for
  452  application and examination may not exceed $250 plus the actual
  453  per applicant cost to the department for purchase of the
  454  examination from the American Institute of Certified Public
  455  Accountants or a similar national organization. The biennial
  456  renewal fee may not exceed $250. The board may also establish,
  457  by rule, a reactivation fee, a late filing fee for the law and
  458  rules examination, and a delinquency fee not to exceed $50 for
  459  continuing professional education reporting forms. The board
  460  shall establish fees which are adequate to ensure the continued
  461  operation of the board and to fund the proportionate expenses
  462  incurred by the department which are allocated to the regulation
  463  of public accountants. Fees shall be based on department
  464  estimates of the revenue required to implement this chapter and
  465  the provisions of law with respect to the regulation of
  466  certified public accountants.
  467         Section 14. Subsection (1) of section 473.311, Florida
  468  Statutes, is amended to read:
  469         473.311 Renewal of license.—
  470         (1) The department shall renew a license upon receipt of
  471  the renewal application and fee and upon certification by the
  472  board that the licensee has satisfactorily completed the
  473  continuing education requirements of s. 473.312 and has passed
  474  an examination approved by the board on chapter 455 and this
  475  chapter and the related administrative rules. However, each
  476  licensee must complete the requirements of s. 473.312(1)(c)
  477  prior to taking the examination.
  478         Section 15. Subsection (3) of section 473.313, Florida
  479  Statutes, is amended to read:
  480         473.313 Inactive status.—
  481         (3) Any licensee holding an inactive license may be
  482  permitted to reactivate such license in a conditional manner.
  483  The conditions of reactivation shall require, in addition to the
  484  payment of fees, the passing of the examination approved by the
  485  board concerning chapter 455 and this chapter, and the related
  486  administrative rules, and the completion of required continuing
  487  education.
  488         Section 16. Paragraph (a) of subsection (1) of section
  489  475.175, Florida Statutes, is amended to read:
  490         475.175 Examinations.—
  491         (1) A person shall be entitled to take the license
  492  examination to practice in this state if the person:
  493         (a) Submits to the department the appropriate notarized or
  494  electronically authenticated application and fee, and a
  495  fingerprint card. The fingerprint card shall be forwarded to the
  496  Division of Criminal Justice Information Systems within the
  497  Department of Law Enforcement for purposes of processing the
  498  fingerprint card to determine if the applicant has a criminal
  499  history record. The fingerprint card shall also be forwarded to
  500  the Federal Bureau of Investigation for purposes of processing
  501  the fingerprint card to determine if the applicant has a
  502  criminal history record. The information obtained by the
  503  processing of the fingerprint card by the Florida Department of
  504  Law Enforcement and the Federal Bureau of Investigation shall be
  505  sent to the department for the purpose of determining if the
  506  applicant is statutorily qualified for examination. Effective
  507  July 1, 2006, an applicant shall provide fingerprints in
  508  electronic format.
  509         Section 17. Subsection (6) of section 475.451, Florida
  510  Statutes, is amended to read:
  511         475.451 Schools teaching real estate practice.—
  512         (6) Any course prescribed by the commission as a condition
  513  precedent to any person’s becoming initially licensed as a sales
  514  associate may be taught in any real estate school through the
  515  use of a video tape of instruction by a currently permitted
  516  instructor from any such school or may be taught by distance
  517  learning pursuant to s. 475.17(2). The commission may require
  518  that any such video tape course have a single session of live
  519  instruction by a currently permitted instructor from any such
  520  school; however, this requirement shall not exceed 3 classroom
  521  hours. All other prescribed courses, except the continuing
  522  education course required by s. 475.182, shall be taught by a
  523  currently permitted school instructor personally in attendance
  524  at such course or by distance learning pursuant to s. 475.17.
  525  The continuing education course required by s. 475.182 may be
  526  taught by distance learning pursuant to s. 475.17 or by an
  527  equivalent correspondence course; however, any such
  528  correspondence course shall be required to have a final
  529  examination, prepared and administered by the school issuing the
  530  correspondence course. The continuing education requirements
  531  provided in this section or provided in any other section in
  532  this chapter do not apply with respect to an any attorney who is
  533  otherwise qualified under the provisions of this chapter and who
  534  is a member in good standing of The Florida Bar.
  535         Section 18. Subsection (5) of section 475.615, Florida
  536  Statutes, is amended to read:
  537         475.615 Qualifications for registration or certification.—
  538         (5) At the time of filing an a notarized application for
  539  registration or certification, the applicant must sign a pledge
  540  to comply with the Uniform Standards of Professional Appraisal
  541  Practice upon registration or certification and must indicate in
  542  writing that she or he understands the types of misconduct for
  543  which disciplinary proceedings may be initiated. The application
  544  shall expire 1 year after the date received.
  545         Section 19. Subsection (1) of section 476.134, Florida
  546  Statutes, is amended to read:
  547         476.134 Examinations.—
  548         (1) Examinations of applicants for licenses as barbers
  549  shall be offered not less than four times each year. The
  550  examination of applicants for licenses as barbers shall may
  551  include both a practical demonstration and a written test. The
  552  board shall have the authority to adopt rules with respect to
  553  the examination of applicants for licensure. The board may
  554  provide rules with respect to written or practical examinations
  555  in such manner as the board may deem fit.
  556         Section 20. Paragraph (b) of subsection (6) of section
  557  476.144, Florida Statutes, is amended to read:
  558         476.144 Licensure.—
  559         (6) A person may apply for a restricted license to practice
  560  barbering. The board shall adopt rules specifying procedures for
  561  an applicant to obtain a restricted license if the applicant:
  562         (b) Passes a written examination on the laws and rules
  563  governing the practice of barbering in Florida, as established
  564  by the board, and a practical examination approved by the board.
  565  
  566  The restricted license shall limit the licensee’s practice to
  567  those specific areas in which the applicant has demonstrated
  568  competence pursuant to rules adopted by the board.
  569         Section 21. Subsection (6) of section 481.215, Florida
  570  Statutes, is renumbered as subsection (5), and present
  571  subsection (5) of that section is amended, to read:
  572         481.215 Renewal of license.—
  573         (5)Each licensee shall provide to the board proof of
  574  completion of the core curriculum courses, or passing the
  575  equivalency test of the Building Code Training Program
  576  established by s. 553.841, within 2 years after commencement of
  577  the program or after initial licensure, whichever is later.
  578  Hours spent taking core curriculum courses shall count toward
  579  the number required for license renewal. A licensee who passes
  580  the equivalency test in lieu of taking the core curriculum
  581  courses shall receive full credit for such core curriculum
  582  course hours.
  583         Section 22. Subsection (6) of section 481.313, Florida
  584  Statutes, is renumbered as subsection (5), and present
  585  subsection (5) of that section is amended, to read:
  586         481.313 Renewal of license.—
  587         (5)Each licenseholder shall provide to the board proof of
  588  completion of the core curriculum courses, or passing the
  589  equivalency test of the Building Code Training Program
  590  established by s. 553.841, within 2 years after commencement of
  591  the program or of initial licensure, whichever is later. Hours
  592  spent taking core curriculum courses shall count toward the
  593  number required for license renewal. A licensee who passes the
  594  equivalency test in lieu of taking the core curriculum courses
  595  shall receive full credit for core curriculum course hours.
  596         Section 23. Subsection (7) of section 489.103, Florida
  597  Statutes, is amended to read:
  598         489.103 Exemptions.—This part does not apply to:
  599         (7) Owners of property when acting as their own contractor
  600  and providing direct, onsite supervision themselves of all work
  601  not performed by licensed contractors:
  602         (a) When building or improving farm outbuildings or one
  603  family or two-family residences on such property for the
  604  occupancy or use of such owners and not offered for sale or
  605  lease, or building or improving commercial buildings, at a cost
  606  not to exceed $75,000, on such property for the occupancy or use
  607  of such owners and not offered for sale or lease. In an action
  608  brought under this part, proof of the sale or lease, or offering
  609  for sale or lease, of any such structure by the owner-builder
  610  within 1 year after completion of same creates a presumption
  611  that the construction was undertaken for purposes of sale or
  612  lease.
  613         (b) When repairing or replacing wood shakes or asphalt or
  614  fiberglass shingles on one-family, two-family, or three-family
  615  residences for the occupancy or use of such owner or tenant of
  616  the owner and not offered for sale within 1 year after
  617  completion of the work and when the property has been damaged by
  618  natural causes from an event recognized as an emergency
  619  situation designated by executive order issued by the Governor
  620  declaring the existence of a state of emergency as a result and
  621  consequence of a serious threat posed to the public health,
  622  safety, and property in this state.
  623  
  624  This subsection does not exempt any person who is employed by or
  625  has a contract with such owner and who acts in the capacity of a
  626  contractor. The owner may not delegate the owner’s
  627  responsibility to directly supervise all work to any other
  628  person unless that person is registered or certified under this
  629  part and the work being performed is within the scope of that
  630  person’s license. For the purposes of this subsection, the term
  631  “owners of property” includes the owner of a mobile home
  632  situated on a leased lot. To qualify for exemption under this
  633  subsection, an owner must personally appear and sign the
  634  building permit application and must satisfy local permitting
  635  agency requirements, if any, proving that the owner has a
  636  complete understanding of the owner’s obligations under the law
  637  as specified in the disclosure statement in this section. If any
  638  person violates the requirements of this subsection, the local
  639  permitting agency shall withhold final approval, revoke the
  640  permit, or pursue any action or remedy for unlicensed activity
  641  against the owner and any person performing work that requires
  642  licensure under the permit issued. The local permitting agency
  643  shall provide the person with a disclosure statement in
  644  substantially the following form:
  645  
  646                        DISCLOSURE STATEMENT                       
  647  
  648         1.I understand that state law requires construction
  649         to be done by a licensed contractor and have applied
  650         for an owner-builder permit under an exemption from
  651         the law. The exemption specifies that I, as the owner
  652         of the property listed, may act as my own contractor
  653         with certain restrictions even though I do not have a
  654         license.
  655  
  656         2.I understand that building permits are not required
  657         to be signed by a property owner unless he or she is
  658         responsible for the construction and is not hiring a
  659         licensed contractor to assume responsibility.
  660  
  661         3.I understand that, as an owner-builder, I am the
  662         responsible party of record on a permit. I understand
  663         that I may protect myself from potential financial
  664         risk by hiring a licensed contractor and having the
  665         permit filed in his or her name instead of my own
  666         name. I also understand that a contractor is required
  667         by law to be licensed in Florida and to list his or
  668         her license numbers on permits and contracts.
  669  
  670         4.I understand that I may build or improve a one
  671         family or two-family residence or a farm outbuilding.
  672         I may also build or improve a commercial building if
  673         the costs do not exceed $75,000. The building or
  674         residence must be for my own use or occupancy. It may
  675         not be built or substantially improved for sale or
  676         lease. If a building or residence that I have built or
  677         substantially improved myself is sold or leased within
  678         1 year after the construction is complete, the law
  679         will presume that I built or substantially improved it
  680         for sale or lease, which violates the exemption.
  681  
  682         5.I understand that, as the owner-builder, I must
  683         provide direct, onsite supervision of the
  684         construction.
  685  
  686         6.I understand that I may not hire an unlicensed
  687         person to act as my contractor or to supervise persons
  688         working on my building or residence. It is my
  689         responsibility to ensure that the persons whom I
  690         employ have the licenses required by law and by county
  691         or municipal ordinance.
  692  
  693         7.I understand that it is a frequent practice of
  694         unlicensed persons to have the property owner obtain
  695         an owner-builder permit that erroneously implies that
  696         the property owner is providing his or her own labor
  697         and materials. I, as an owner-builder, may be held
  698         liable and subjected to serious financial risk for any
  699         injuries sustained by an unlicensed person or his or
  700         her employees while working on my property. My
  701         homeowner’s insurance may not provide coverage for
  702         those injuries. I am willfully acting as an owner
  703         builder and am aware of the limits of my insurance
  704         coverage for injuries to workers on my property.
  705  
  706         8.I understand that I may not delegate the
  707         responsibility for supervising work to a licensed
  708         contractor who is not licensed to perform the work
  709         being done. Any person working on my building who is
  710         not licensed must work under my direct supervision and
  711         must be employed by me, which means that I must comply
  712         with laws requiring the withholding of federal income
  713         tax and social security contributions under the
  714         Federal Insurance Contributions Act (FICA) and must
  715         provide workers’ compensation for the employee. I
  716         understand that my failure to follow these laws may
  717         subject me to serious financial risk.
  718  
  719         9.I agree that, as the party legally and financially
  720         responsible for this proposed construction activity, I
  721         will abide by all applicable laws and requirements
  722         that govern owner-builders as well as employers. I
  723         also understand that the construction must comply with
  724         all applicable laws, ordinances, building codes, and
  725         zoning regulations.
  726  
  727         10.I understand that I may obtain more information
  728         regarding my obligations as an employer from the
  729         Internal Revenue Service, the United States Small
  730         Business Administration, the Florida Department of
  731         Financial Services, and the Florida Department of
  732         Revenue. I also understand that I may contact the
  733         Florida Construction Industry Licensing Board at
  734         ...(telephone number)... or ... (Internet website
  735         address)... for more information about licensed
  736         contractors.
  737  
  738         11.I am aware of, and consent to, an owner-builder
  739         building permit applied for in my name and understand
  740         that I am the party legally and financially
  741         responsible for the proposed construction activity at
  742         the following address: ...(address of property)....
  743  
  744         12.I agree to notify ...(issuer of disclosure
  745         statements)... immediately of any additions,
  746         deletions, or changes to any of the information that I
  747         have provided on this disclosure.
  748  
  749         Licensed contractors are regulated by laws designed to
  750         protect the public. If you contract with a person who
  751         does not have a license, the Construction Industry
  752         Licensing Board and Department of Business and
  753         Professional Regulation may be unable to assist you
  754         with any financial loss that you sustain as a result
  755         of a complaint. Your only remedy against an unlicensed
  756         contractor may be in civil court. It is also important
  757         for you to understand that, if an unlicensed
  758         contractor or employee of an individual or firm is
  759         injured while working on your property, you may be
  760         held liable for damages. If you obtain an owner
  761         builder permit and wish to hire a licensed contractor,
  762         you will be responsible for verifying whether the
  763         contractor is properly licensed and the status of the
  764         contractor’s workers’ compensation coverage.
  765  
  766         Before a building permit may be issued, this
  767         disclosure statement must be completed and signed by
  768         the property owner and returned to the local
  769         permitting agency responsible for issuing the permit.
  770         A copy of the property owner’s driver license, the
  771         notarized signature of the property owner, or other
  772         type of verification acceptable to the local
  773         permitting agency is required when the permit is
  774         issued.
  775  
  776         Signature: ...(signature of property owner)....
  777         Date: ...(date)....
  778  
  779         State law requires construction to be done by licensed
  780  contractors. You have applied for a permit under an exemption to
  781  that law. The exemption allows you, as the owner of your
  782  property, to act as your own contractor with certain
  783  restrictions even though you do not have a license. You must
  784  provide direct, onsite supervision of the construction yourself.
  785  You may build or improve a one-family or two-family residence or
  786  a farm outbuilding. You may also build or improve a commercial
  787  building, provided your costs do not exceed $75,000. The
  788  building or residence must be for your own use or occupancy. It
  789  may not be built or substantially improved for sale or lease. If
  790  you sell or lease a building you have built or substantially
  791  improved yourself within 1 year after the construction is
  792  complete, the law will presume that you built or substantially
  793  improved it for sale or lease, which is a violation of this
  794  exemption. You may not hire an unlicensed person to act as your
  795  contractor or to supervise people working on your building. It
  796  is your responsibility to make sure that people employed by you
  797  have licenses required by state law and by county or municipal
  798  licensing ordinances. You may not delegate the responsibility
  799  for supervising work to a licensed contractor who is not
  800  licensed to perform the work being done. Any person working on
  801  your building who is not licensed must work under your direct
  802  supervision and must be employed by you, which means that you
  803  must deduct F.I.C.A. and withholding tax and provide workers’
  804  compensation for that employee, all as prescribed by law. Your
  805  construction must comply with all applicable laws, ordinances,
  806  building codes, and zoning regulations.
  807         Section 24. Paragraph (q) of subsection (3) of section
  808  489.105, Florida Statutes, is amended to read:
  809         489.105 Definitions.—As used in this part:
  810         (3) “Contractor” means the person who is qualified for, and
  811  shall only be responsible for, the project contracted for and
  812  means, except as exempted in this part, the person who, for
  813  compensation, undertakes to, submits a bid to, or does himself
  814  or herself or by others construct, repair, alter, remodel, add
  815  to, demolish, subtract from, or improve any building or
  816  structure, including related improvements to real estate, for
  817  others or for resale to others; and whose job scope is
  818  substantially similar to the job scope described in one of the
  819  subsequent paragraphs of this subsection. For the purposes of
  820  regulation under this part, “demolish” applies only to
  821  demolition of steel tanks over 50 feet in height; towers over 50
  822  feet in height; other structures over 50 feet in height, other
  823  than buildings or residences over three stories tall; and
  824  buildings or residences over three stories tall. Contractors are
  825  subdivided into two divisions, Division I, consisting of those
  826  contractors defined in paragraphs (a)-(c), and Division II,
  827  consisting of those contractors defined in paragraphs (d)-(q):
  828         (q) “Specialty contractor” means a contractor whose scope
  829  of work and responsibility is limited to a particular phase of
  830  construction established in a category adopted by board rule and
  831  whose scope is limited to a subset of the activities described
  832  in the categories established in one of the paragraphs of this
  833  subsection.
  834         Section 25. Paragraphs (a) and (d) of subsection (1) of
  835  section 489.109, Florida Statutes, are amended to read:
  836         489.109 Fees.—
  837         (1) The board, by rule, shall establish reasonable fees to
  838  be paid for applications, certification and renewal,
  839  registration and renewal, and recordmaking and recordkeeping.
  840  The fees shall be established as follows:
  841         (a) With respect to an applicant for a certificate, the
  842  initial application fee may not exceed $150, and, if an
  843  examination cost is included in the application fee, the
  844  combined amount may not exceed $350. The initial certification
  845  fee and the renewal fee may not exceed $250 $200. However, any
  846  applicant who seeks certification under this part by taking a
  847  practical examination must pay as an examination fee the actual
  848  cost incurred by the department in developing, preparing,
  849  administering, scoring, score reporting, and evaluating the
  850  examination, if the examination is conducted by the department.
  851         (d) With respect to an application for registration or
  852  certification to qualify a business organization, the initial
  853  application fee and the renewal fee shall be $50. The board, by
  854  rule, may establish a fee for transfer of a certificate of
  855  authority from one business organization to another, not to
  856  exceed the applicable renewal fee.
  857         Section 26. Section 489.114, Florida Statutes, is amended
  858  to read:
  859         489.114 Evidence of workers’ compensation coverage.—Except
  860  as provided in s. 489.115(5)(d), any person, business
  861  organization, or qualifying agent engaged in the business of
  862  contracting in this state and certified or registered under this
  863  part shall, as a condition precedent to the issuance or renewal
  864  of a certificate or, registration, or certificate of authority
  865  of the contractor, provide to the Construction Industry
  866  Licensing Board, as provided by board rule, evidence of workers’
  867  compensation coverage pursuant to chapter 440. In the event that
  868  the Division of Workers’ Compensation of the Department of
  869  Financial Services receives notice of the cancellation of a
  870  policy of workers’ compensation insurance insuring a person or
  871  entity governed by this section, the Division of Workers’
  872  Compensation shall certify and identify all persons or entities
  873  by certification or registration license number to the
  874  department after verification is made by the Division of
  875  Workers’ Compensation that persons or entities governed by this
  876  section are no longer covered by workers’ compensation
  877  insurance. Such certification and verification by the Division
  878  of Workers’ Compensation may result from records furnished to
  879  the Division of Workers’ Compensation by the persons or entities
  880  governed by this section or an investigation completed by the
  881  Division of Workers’ Compensation. The department shall notify
  882  the persons or entities governed by this section who have been
  883  determined to be in noncompliance with chapter 440, and the
  884  persons or entities notified shall provide certification of
  885  compliance with chapter 440 to the department and pay an
  886  administrative fine in the amount of $500. The failure to
  887  maintain workers’ compensation coverage as required by law shall
  888  be grounds for the board to revoke, suspend, or deny the
  889  issuance or renewal of a certificate or, registration, or
  890  certificate of authority of the contractor under the provisions
  891  of s. 489.129.
  892         Section 27. Paragraph (b) of subsection (4) of section
  893  489.115, Florida Statutes, is amended to read:
  894         489.115 Certification and registration; endorsement;
  895  reciprocity; renewals; continuing education.—
  896         (4)
  897         (b)1. Each certificateholder or registrant shall provide
  898  proof, in a form established by rule of the board, that the
  899  certificateholder or registrant has completed at least 14
  900  classroom hours of at least 50 minutes each of continuing
  901  education courses during each biennium since the issuance or
  902  renewal of the certificate or registration. The board shall
  903  establish by rule that a portion of the required 14 hours must
  904  deal with the subject of workers’ compensation, business
  905  practices, workplace safety, and, for applicable licensure
  906  categories, wind mitigation methodologies, and 1 hour of which
  907  must deal with laws and rules. The board shall by rule establish
  908  criteria for the approval of continuing education courses and
  909  providers, including requirements relating to the content of
  910  courses and standards for approval of providers, and may by rule
  911  establish criteria for accepting alternative nonclassroom
  912  continuing education on an hour-for-hour basis. The board shall
  913  prescribe by rule the continuing education, if any, which is
  914  required during the first biennium of initial licensure. A
  915  person who has been licensed for less than an entire biennium
  916  must not be required to complete the full 14 hours of continuing
  917  education.
  918         2. In addition, the board may approve specialized
  919  continuing education courses on compliance with the wind
  920  resistance provisions for one and two family dwellings contained
  921  in the Florida Building Code and any alternate methodologies for
  922  providing such wind resistance which have been approved for use
  923  by the Florida Building Commission. Division I
  924  certificateholders or registrants who demonstrate proficiency
  925  upon completion of such specialized courses may certify plans
  926  and specifications for one and two family dwellings to be in
  927  compliance with the code or alternate methodologies, as
  928  appropriate, except for dwellings located in floodways or
  929  coastal hazard areas as defined in ss. 60.3D and E of the
  930  National Flood Insurance Program.
  931         3.Each certificateholder or registrant shall provide to
  932  the board proof of completion of the core curriculum courses, or
  933  passing the equivalency test of the Building Code Training
  934  Program established under s. 553.841, specific to the licensing
  935  category sought, within 2 years after commencement of the
  936  program or of initial certification or registration, whichever
  937  is later. Classroom hours spent taking core curriculum courses
  938  shall count toward the number required for renewal of
  939  certificates or registration. A certificateholder or registrant
  940  who passes the equivalency test in lieu of taking the core
  941  curriculum courses shall receive full credit for core curriculum
  942  course hours.
  943         3.4. The board shall require, by rule adopted pursuant to
  944  ss. 120.536(1) and 120.54, a specified number of hours in
  945  specialized or advanced module courses, approved by the Florida
  946  Building Commission, on any portion of the Florida Building
  947  Code, adopted pursuant to part IV of chapter 553, relating to
  948  the contractor’s respective discipline.
  949         Section 28. Paragraph (a) of subsection (1) and subsections
  950  (4) and (5) of section 489.117, Florida Statutes, are amended to
  951  read:
  952         489.117 Registration; specialty contractors.—
  953         (1)(a) Any person engaged in the business of a contractor
  954  as defined in s. 489.105(3)(a)-(o) must in the state shall be
  955  registered in the proper classification, unless he or she is
  956  certified. Any person entering the business of a contractor
  957  shall be registered before prior to engaging in business as a
  958  contractor in this state, unless he or she is certified. To be
  959  initially registered, the applicant shall submit the required
  960  fee and file evidence, in a form provided by the department, of
  961  holding a current local occupational license required by any
  962  municipality, county, or development district, if any, for the
  963  type of work for which registration is desired and evidence of
  964  successful compliance with the local examination and licensing
  965  requirements, if any, in the area for which registration is
  966  desired. An No examination is not shall be required for
  967  registration.
  968         (4)(a) A person holding a local license whose job scope
  969  does not substantially correspond to either the job scope of one
  970  of the contractor categories defined in s. 489.105(3)(a)-(o), or
  971  the job scope of one of the certified specialty contractor
  972  categories previously established by board rule as of the
  973  effective date of this provision, is shall not be required to
  974  register with the board to perform contracting activities within
  975  the scope of such specialty license.
  976         (b)A local jurisdiction may require an individual holding
  977  a local specialty contractor license in a category which
  978  pursuant to paragraph (a) does not permit registration to obtain
  979  a tracking registration from the board, provided that the board
  980  has established by rule that the activities which comprise the
  981  job scope of the local specialty contractor license involve
  982  lifesafety considerations and a significant potential danger to
  983  the consumer.
  984         (b)(c) The local jurisdictions are shall be responsible for
  985  providing the following information to the board within 30 days
  986  after licensure of, or any disciplinary action against, a
  987  locally licensed contractor who is registered under this part:
  988         1. Licensure information.,
  989         2. Code violation information pursuant to s. 553.781., and
  990         3. Disciplinary information. on locally licensed
  991  individuals to the board within 30 days after licensure or any
  992  disciplinary action, and
  993  
  994  The board shall maintain such licensure and disciplinary
  995  information as it is provided to the board them, and shall make
  996  the such information available through the automated information
  997  system provided pursuant to s. 455.2286. The biennial tracking
  998  registration fee shall not exceed $40.
  999         (c)(d)Neither the board nor the department assumes any
 1000  responsibility for providing discipline pursuant to having
 1001  provided the tracking registration. Providing discipline to such
 1002  locally licensed contractors is individuals shall be the
 1003  responsibility of the local jurisdiction. Failure to obtain a
 1004  tracking registration shall not be considered a violation of
 1005  this chapter; however, a local jurisdiction requiring such
 1006  tracking registration may levy such penalties for failure to
 1007  obtain the tracking registration as it chooses to provide
 1008  through local ordinance.
 1009         (d)(e) Any person who is not required to obtain
 1010  registration or certification pursuant to s. 489.105(3)(d)-(o)
 1011  may perform specialty contracting services for the construction,
 1012  remodeling, repair, or improvement of single-family residences,
 1013  including a townhouse as defined in the Florida Building Code,
 1014  without obtaining a local professional license if such person is
 1015  under the supervision of a certified or registered general,
 1016  building, or residential contractor. As used in this paragraph,
 1017  supervision shall not be deemed to require the existence of a
 1018  direct contract between the certified or registered general,
 1019  building, or residential contractor and the person performing
 1020  specialty contracting services.
 1021         (5)In order to establish uniformity among the job scopes
 1022  established by local jurisdictions, the board shall, by rule,
 1023  establish the job scope for any licensure category registered by
 1024  the board under this part. The board shall not arbitrarily limit
 1025  such scopes and shall restrict the job scopes only to the
 1026  minimum extent necessary to ensure uniformity.
 1027         Section 29. Section 489.119, Florida Statutes, is amended
 1028  to read:
 1029         489.119 Business organizations; qualifying agents.—
 1030         (1) If an individual proposes to engage in contracting in
 1031  the individual’s own name, or a fictitious name where the
 1032  individual is doing business as a sole proprietorship,
 1033  registration or certification may be issued only to that
 1034  individual.
 1035         (2) If the applicant proposes to engage in contracting as a
 1036  business organization, including any partnership, corporation,
 1037  business trust, or other legal entity, or in any name other than
 1038  the applicant’s legal name or a fictitious name where the
 1039  applicant is doing business as a sole proprietorship, the
 1040  applicant business organization must apply for registration or
 1041  certification as the for a certificate of authority through a
 1042  qualifying agent of the business organization and under the
 1043  fictitious name, if any.
 1044         (a) An The application for registration or certification to
 1045  qualify a business organization a certificate of authority must
 1046  state the name of the partnership and of its partners; the name
 1047  of the corporation and of its officers and directors and the
 1048  name of each of its stockholders who is also an officer or
 1049  director; the name of the business trust and its trustees; or
 1050  the name of such other legal entity and its members; and must
 1051  state the fictitious name, if any, under which the business
 1052  organization is doing business.
 1053         (b)1. An The application for registration or certification
 1054  to qualify a business organization primary qualifying agent must
 1055  include an affidavit on a form provided by the board attesting
 1056  that the applicant has final approval authority for all
 1057  construction work performed by the business organization entity
 1058  and that the applicant has final approval authority on all
 1059  business matters, including contracts, specifications, checks,
 1060  drafts, or payments, regardless of the form of payment, made by
 1061  the business organization entity, except where a financially
 1062  responsible officer is approved.
 1063         2. The application for financially responsible officer must
 1064  include an affidavit on a form provided by the board attesting
 1065  that the applicant’s approval is required for all checks,
 1066  drafts, or payments, regardless of the form of payment, made by
 1067  the business organization entity and that the applicant has
 1068  authority to act for the business organization in all financial
 1069  matters.
 1070         3. The application for secondary qualifying agent must
 1071  include an affidavit on a form provided by the board attesting
 1072  that the applicant has authority to supervise all construction
 1073  work performed by the business organization entity as provided
 1074  in s. 489.1195(2).
 1075         (c)The board may deny an application for registration or
 1076  certification to qualify a business organization if the
 1077  applicant, or any person listed in paragraph (a), has been
 1078  involved in past disciplinary actions or on any grounds for
 1079  which an individual registration or certification may be denied.
 1080         (d)(b) The applicant must furnish evidence of statutory
 1081  compliance if a fictitious name is used, the provisions of s.
 1082  865.09(7) notwithstanding.
 1083         (e)(c) A joint venture, including a joint venture composed
 1084  of qualified business organizations, is itself a separate and
 1085  distinct organization that must be qualified and obtain a
 1086  certificate of authority in accordance with board rules.
 1087         (d)A certificate of authority must be renewed every 2
 1088  years. If there is a change in any information that is required
 1089  to be stated on the application, the business organization
 1090  shall, within 45 days after such change occurs, mail the correct
 1091  information to the department.
 1092         (3)(a) A The qualifying agent must shall be certified or
 1093  registered under this part in order for the business
 1094  organization to operate be issued a certificate of authority in
 1095  the category of contracting in the business conducted for which
 1096  the qualifying agent is certified or registered. If any
 1097  qualifying agent ceases to be affiliated with a such business
 1098  organization, he or she shall so inform the department. In
 1099  addition, if the such qualifying agent is the only certified or
 1100  registered contractor affiliated with the business organization,
 1101  the business organization shall notify the department of the
 1102  termination of the qualifying agent and shall have 60 days from
 1103  the termination of the qualifying agent’s affiliation with the
 1104  business organization in which to employ another qualifying
 1105  agent. The business organization may not engage in contracting
 1106  until a qualifying agent is employed, unless the executive
 1107  director or chair of the board has granted a temporary
 1108  nonrenewable certificate or registration to the financially
 1109  responsible officer, the president, a partner, or, in the case
 1110  of a limited partnership, the general partner, who assumes all
 1111  responsibilities of a primary qualifying agent for the business
 1112  organization entity. This temporary certificate or registration
 1113  shall only allow the business organization entity to proceed
 1114  with incomplete contracts. For the purposes of this paragraph,
 1115  an incomplete contract is one which has been awarded to, or
 1116  entered into by, the business organization prior to the
 1117  cessation of affiliation of the qualifying agent with the
 1118  business organization or one on which the business organization
 1119  was the low bidder and the contract is subsequently awarded,
 1120  regardless of whether any actual work has commenced under the
 1121  contract prior to the qualifying agent ceasing to be affiliated
 1122  with the business organization.
 1123         (b) The qualifying agent shall inform the department in
 1124  writing when he or she proposes to engage in contracting in his
 1125  or her own name or in affiliation with another business
 1126  organization, and he or she or such new business organization
 1127  shall supply the same information to the department as required
 1128  of applicants under this part.
 1129         (c)Upon a favorable determination by the board, after
 1130  investigation of the financial responsibility, credit, and
 1131  business reputation of the qualifying agent and the new business
 1132  organization, the department shall issue, without an
 1133  examination, a new certificate of authority in the business
 1134  organization’s name.
 1135         (4)Disciplinary action against a business organization
 1136  holding a certificate of authority shall be administered in the
 1137  same manner and on the same grounds as disciplinary action
 1138  against a contractor. The board may deny the certification of
 1139  any person cited in subsection (2) if the person has been
 1140  involved in past disciplinary actions or on any grounds for
 1141  which individual certification can be denied.
 1142         (4)(5) When a certified qualifying agent, on behalf of a
 1143  business organization, makes application for a business tax
 1144  receipt an occupational license in any municipality or county of
 1145  this state, the application shall be made with the tax collector
 1146  in the name of the business organization and the qualifying
 1147  agent; and the license, when issued, shall be issued to the
 1148  business organization, upon payment of the appropriate licensing
 1149  fee and exhibition to the tax collector of a valid certificate
 1150  for the qualifying agent and a valid certificate of authority
 1151  for the business organization issued by the department, and the
 1152  state license numbers shall be noted thereon.
 1153         (5)(6)(a) Each registered or certified contractor shall
 1154  affix the number of his or her registration or certification to
 1155  each application for a building permit and on each building
 1156  permit issued and recorded. Each city or county building
 1157  department shall require, as a precondition for the issuance of
 1158  the building permit, that the contractor taking out the permit
 1159  must provide verification giving his or her Construction
 1160  Industry Licensing Board registration or certification number.
 1161         (b) The registration or certification number of each
 1162  contractor or certificate of authority number for each business
 1163  organization shall appear in each offer of services, business
 1164  proposal, bid, contract, or advertisement, regardless of medium,
 1165  as defined by board rule, used by that contractor or business
 1166  organization in the practice of contracting.
 1167         (c) If a vehicle bears the name of a contractor or business
 1168  organization, or any text or artwork which would lead a
 1169  reasonable person to believe that the vehicle is used for
 1170  contracting, the registration or certification number of the
 1171  contractor or certificate of authority number of the business
 1172  organization must be conspicuously and legibly displayed with
 1173  the name, text, or artwork. Local governments may also require
 1174  that locally licensed contractors must also display their
 1175  certificate of competency or license numbers. Nothing in this
 1176  paragraph shall be construed to create a mandatory vehicle
 1177  signage requirement.
 1178         (d) For the purposes of this part, the term “advertisement”
 1179  does not include business stationery or any promotional
 1180  novelties such as balloons, pencils, trinkets, or articles of
 1181  clothing.
 1182         (e) The board shall issue a notice of noncompliance for the
 1183  first offense, and may assess a fine or issue a citation for
 1184  failure to correct the offense within 30 days or for any
 1185  subsequent offense, to any contractor or business organization
 1186  that fails to include the certification or, registration, or
 1187  certificate of authority number as required by this part when
 1188  submitting an advertisement for publication, broadcast, or
 1189  printing or fails to display the certification or, registration,
 1190  or certificate of authority number as required by this part.
 1191         (f)In addition to any other penalty prescribed by law, a
 1192  local government may impose a civil fine pursuant to s.
 1193  489.127(5) against a person who is not certified or registered
 1194  under this part if the person:
 1195         1.Claims to be licensed in any offer of services, business
 1196  proposal, bid, contract, or advertisement, but who does not
 1197  possess a valid competency-based license issued by a local
 1198  government in this state to perform the specified construction
 1199  services; or
 1200         2.Claims to be insured in any offer of services, business
 1201  proposal, bid, contract, or advertisement, but whose performance
 1202  of the subject work is not covered by a general liability or
 1203  workers’ compensation insurance policy.
 1204         (6)(7) Each qualifying agent shall pay the department an
 1205  amount equal to the original fee for registration or
 1206  certification to qualify a certificate of authority of a new
 1207  business organization. If the qualifying agent for a business
 1208  organization desires to qualify additional business
 1209  organizations, the board shall require the qualifying agent him
 1210  or her to present evidence of his or her ability to supervise
 1211  the construction activities and financial responsibility of each
 1212  such organization. Approval of each business organization The
 1213  issuance of such certificate of authority is discretionary with
 1214  the board.
 1215         (7)(8)(a) A business organization proposing to engage in
 1216  contracting is not required to apply for or obtain authorization
 1217  under this part to engage in contracting if:
 1218         1. The business organization employs one or more registered
 1219  or certified contractors licensed in accordance with this part
 1220  who are responsible for obtaining permits and supervising all of
 1221  the business organization’s contracting activities;
 1222         2. The business organization engages only in contracting on
 1223  property owned by the business organization or by its parent,
 1224  subsidiary, or affiliated entities; and
 1225         3. The business organization, or its parent entity if the
 1226  business organization is a wholly owned subsidiary, maintains a
 1227  minimum net worth of $20 million.
 1228         (b) Any business organization engaging in contracting under
 1229  this subsection shall provide the board with the name and
 1230  license number of each registered or certified contractor
 1231  employed by the business organization to supervise its
 1232  contracting activities. The business organization is not
 1233  required to post a bond or otherwise evidence any financial or
 1234  credit information except as necessary to demonstrate compliance
 1235  with paragraph (a).
 1236         (c) A registered or certified contractor employed by a
 1237  business organization to supervise its contracting activities
 1238  under this subsection shall not be required to post a bond or
 1239  otherwise evidence any personal financial or credit information
 1240  so long as the individual performs contracting activities
 1241  exclusively on behalf of a business organization meeting all of
 1242  the requirements of paragraph (a).
 1243         Section 30. Subsection (1) of section 489.127, Florida
 1244  Statutes, is amended to read:
 1245         489.127 Prohibitions; penalties.—
 1246         (1) No person shall:
 1247         (a) Falsely hold himself or herself or a business
 1248  organization out as a licensee, certificateholder, or
 1249  registrant;
 1250         (b) Falsely impersonate a certificateholder or registrant;
 1251         (c) Present as his or her own the certificate or,
 1252  registration, or certificate of authority of another;
 1253         (d) Knowingly give false or forged evidence to the board or
 1254  a member thereof;
 1255         (e) Use or attempt to use a certificate or, registration
 1256  that, or certificate of authority which has been suspended or
 1257  revoked;
 1258         (f) Engage in the business or act in the capacity of a
 1259  contractor or advertise himself or herself or a business
 1260  organization as available to engage in the business or act in
 1261  the capacity of a contractor without being duly registered or
 1262  certified or having a certificate of authority;
 1263         (g) Operate a business organization engaged in contracting
 1264  after 60 days following the termination of its only qualifying
 1265  agent without designating another primary qualifying agent,
 1266  except as provided in ss. 489.119 and 489.1195;
 1267         (h) Commence or perform work for which a building permit is
 1268  required pursuant to part IV of chapter 553 without such
 1269  building permit being in effect; or
 1270         (i) Willfully or deliberately disregard or violate any
 1271  municipal or county ordinance relating to uncertified or
 1272  unregistered contractors.
 1273  
 1274  For purposes of this subsection, a person or business
 1275  organization operating on an inactive or suspended certificate
 1276  or, registration, or certificate of authority is not duly
 1277  certified or registered and is considered unlicensed. A business
 1278  tax receipt issued under the authority of chapter 205 is not a
 1279  license for purposes of this part.
 1280         Section 31. Effective upon this act becoming a law,
 1281  paragraph (a) of subsection (1) of section 489.128, Florida
 1282  Statutes, is amended to read:
 1283         489.128 Contracts entered into by unlicensed contractors
 1284  unenforceable.—
 1285         (1) As a matter of public policy, contracts entered into on
 1286  or after October 1, 1990, by an unlicensed contractor shall be
 1287  unenforceable in law or in equity by the unlicensed contractor.
 1288         (a) For purposes of this section, an individual is
 1289  unlicensed if the individual does not have a license required by
 1290  this part concerning the scope of the work to be performed under
 1291  the contract. A business organization is unlicensed if the
 1292  business organization does not have a primary or secondary
 1293  qualifying agent in accordance with this part concerning the
 1294  scope of the work to be performed under the contract. For
 1295  purposes of this section, if a no state or local license is not
 1296  required for the scope of work to be performed under the
 1297  contract, the individual performing that work is shall not be
 1298  considered unlicensed.
 1299         Section 32. Paragraph (b) of subsection (1) of section
 1300  489.128, Florida Statutes, is amended to read:
 1301         489.128 Contracts entered into by unlicensed contractors
 1302  unenforceable.—
 1303         (1) As a matter of public policy, contracts entered into on
 1304  or after October 1, 1990, by an unlicensed contractor shall be
 1305  unenforceable in law or in equity by the unlicensed contractor.
 1306         (b) For purposes of this section, an individual or business
 1307  organization may not be considered unlicensed for failing to
 1308  have a business tax receipt issued under the authority of
 1309  chapter 205. A business organization may not be considered
 1310  unlicensed for failing to have a certificate of authority as
 1311  required by ss. 489.119 and 489.127. For purposes of this
 1312  section, a business organization entering into the contract may
 1313  not be considered unlicensed if, before the date established by
 1314  paragraph (c), an individual possessing a license required by
 1315  this part concerning the scope of the work to be performed under
 1316  the contract has submitted an application for a certificate of
 1317  authority designating that individual as a qualifying agent for
 1318  the business organization entering into the contract, and the
 1319  application was not acted upon by the department or applicable
 1320  board within the time limitations imposed by s. 120.60.
 1321         Section 33. Subsections (1), (5), and (7) of section
 1322  489.129, Florida Statutes, are amended to read:
 1323         489.129 Disciplinary proceedings.—
 1324         (1) The board may take any of the following actions against
 1325  any certificateholder or registrant: place on probation or
 1326  reprimand the licensee, revoke, suspend, or deny the issuance or
 1327  renewal of the certificate or, registration, or certificate of
 1328  authority, require financial restitution to a consumer for
 1329  financial harm directly related to a violation of a provision of
 1330  this part, impose an administrative fine not to exceed $10,000
 1331  per violation, require continuing education, or assess costs
 1332  associated with investigation and prosecution, if the
 1333  contractor, financially responsible officer, or business
 1334  organization for which the contractor is a primary qualifying
 1335  agent, a financially responsible officer, or a secondary
 1336  qualifying agent responsible under s. 489.1195 is found guilty
 1337  of any of the following acts:
 1338         (a) Obtaining a certificate or, registration, or
 1339  certificate of authority by fraud or misrepresentation.
 1340         (b) Being convicted or found guilty of, or entering a plea
 1341  of nolo contendere to, regardless of adjudication, a crime in
 1342  any jurisdiction which directly relates to the practice of
 1343  contracting or the ability to practice contracting.
 1344         (c) Violating any provision of chapter 455.
 1345         (d) Performing any act which assists a person or entity in
 1346  engaging in the prohibited uncertified and unregistered practice
 1347  of contracting, if the certificateholder or registrant knows or
 1348  has reasonable grounds to know that the person or entity was
 1349  uncertified and unregistered.
 1350         (e) Knowingly combining or conspiring with an uncertified
 1351  or unregistered person by allowing his or her certificate or,
 1352  registration, or certificate of authority to be used by the
 1353  uncertified or unregistered person with intent to evade the
 1354  provisions of this part. When a certificateholder or registrant
 1355  allows his or her certificate or registration to be used by one
 1356  or more business organizations without having any active
 1357  participation in the operations, management, or control of such
 1358  business organizations, such act constitutes prima facie
 1359  evidence of an intent to evade the provisions of this part.
 1360         (f) Acting in the capacity of a contractor under any
 1361  certificate or registration issued hereunder except in the name
 1362  of the certificateholder or registrant as set forth on the
 1363  issued certificate or registration, or in accordance with the
 1364  personnel of the certificateholder or registrant as set forth in
 1365  the application for the certificate or registration, or as later
 1366  changed as provided in this part.
 1367         (g) Committing mismanagement or misconduct in the practice
 1368  of contracting that causes financial harm to a customer.
 1369  Financial mismanagement or misconduct occurs when:
 1370         1. Valid liens have been recorded against the property of a
 1371  contractor’s customer for supplies or services ordered by the
 1372  contractor for the customer’s job; the contractor has received
 1373  funds from the customer to pay for the supplies or services; and
 1374  the contractor has not had the liens removed from the property,
 1375  by payment or by bond, within 75 days after the date of such
 1376  liens;
 1377         2. The contractor has abandoned a customer’s job and the
 1378  percentage of completion is less than the percentage of the
 1379  total contract price paid to the contractor as of the time of
 1380  abandonment, unless the contractor is entitled to retain such
 1381  funds under the terms of the contract or refunds the excess
 1382  funds within 30 days after the date the job is abandoned; or
 1383         3. The contractor’s job has been completed, and it is shown
 1384  that the customer has had to pay more for the contracted job
 1385  than the original contract price, as adjusted for subsequent
 1386  change orders, unless such increase in cost was the result of
 1387  circumstances beyond the control of the contractor, was the
 1388  result of circumstances caused by the customer, or was otherwise
 1389  permitted by the terms of the contract between the contractor
 1390  and the customer.
 1391         (h) Being disciplined by any municipality or county for an
 1392  act or violation of this part.
 1393         (i) Failing in any material respect to comply with the
 1394  provisions of this part or violating a rule or lawful order of
 1395  the board.
 1396         (j) Abandoning a construction project in which the
 1397  contractor is engaged or under contract as a contractor. A
 1398  project may be presumed abandoned after 90 days if the
 1399  contractor terminates the project without just cause or without
 1400  proper notification to the owner, including the reason for
 1401  termination, or fails to perform work without just cause for 90
 1402  consecutive days.
 1403         (k) Signing a statement with respect to a project or
 1404  contract falsely indicating that the work is bonded; falsely
 1405  indicating that payment has been made for all subcontracted
 1406  work, labor, and materials which results in a financial loss to
 1407  the owner, purchaser, or contractor; or falsely indicating that
 1408  workers’ compensation and public liability insurance are
 1409  provided.
 1410         (l) Committing fraud or deceit in the practice of
 1411  contracting.
 1412         (m) Committing incompetency or misconduct in the practice
 1413  of contracting.
 1414         (n) Committing gross negligence, repeated negligence, or
 1415  negligence resulting in a significant danger to life or
 1416  property.
 1417         (o) Proceeding on any job without obtaining applicable
 1418  local building department permits and inspections.
 1419         (p) Intimidating, threatening, coercing, or otherwise
 1420  discouraging the service of a notice to owner under part I of
 1421  chapter 713 or a notice to contractor under chapter 255 or part
 1422  I of chapter 713.
 1423         (q) Failing to satisfy within a reasonable time, the terms
 1424  of a civil judgment obtained against the licensee, or the
 1425  business organization qualified by the licensee, relating to the
 1426  practice of the licensee’s profession.
 1427  
 1428  For the purposes of this subsection, construction is considered
 1429  to be commenced when the contract is executed and the contractor
 1430  has accepted funds from the customer or lender. A contractor
 1431  does not commit a violation of this subsection when the
 1432  contractor relies on a building code interpretation rendered by
 1433  a building official or person authorized by s. 553.80 to enforce
 1434  the building code, absent a finding of fraud or deceit in the
 1435  practice of contracting, or gross negligence, repeated
 1436  negligence, or negligence resulting in a significant danger to
 1437  life or property on the part of the building official, in a
 1438  proceeding under chapter 120.
 1439         (5) The board may not reinstate the certification or,
 1440  registration, or certificate of authority of, or cause a
 1441  certificate or, registration, or certificate of authority to be
 1442  issued to, a person who or business organization which the board
 1443  has determined is unqualified or whose certificate or,
 1444  registration, or certificate of authority the board has
 1445  suspended until it is satisfied that such person or business
 1446  organization has complied with all the terms and conditions set
 1447  forth in the final order and is capable of competently engaging
 1448  in the business of contracting.
 1449         (7) The board shall not issue or renew a certificate or,
 1450  registration, or certificate of authority to any person or
 1451  business organization that has been assessed a fine, interest,
 1452  or costs associated with investigation and prosecution, or has
 1453  been ordered to pay restitution, until such fine, interest, or
 1454  costs associated with investigation and prosecution or
 1455  restitution are paid in full or until all terms and conditions
 1456  of the final order have been satisfied.
 1457         Section 34. Subsection (5) of section 489.132, Florida
 1458  Statutes, is amended to read:
 1459         489.132 Prohibited acts by unlicensed principals;
 1460  investigation; hearing; penalties.—
 1461         (5) The department may suspend, revoke, or deny issuance or
 1462  renewal of a certificate or, registration, or certificate of
 1463  authority for any individual or business organization that
 1464  associates a person as an officer, director, or partner, or in a
 1465  managerial or supervisory capacity, after such person has been
 1466  found under a final order to have violated this section or was
 1467  an officer, director, partner, trustee, or manager of a business
 1468  organization disciplined by the board by revocation, suspension,
 1469  or fine in excess of $2,500, upon finding reasonable cause that
 1470  such person knew or reasonably should have known of the conduct
 1471  leading to the discipline.
 1472         Section 35. Subsection (1) of section 489.1455, Florida
 1473  Statutes, is amended to read:
 1474         489.1455 Journeyman; reciprocity; standards.—
 1475         (1) An individual who holds a valid, active journeyman
 1476  license in the plumbing/pipe fitting, mechanical, or HVAC trades
 1477  issued by any county or municipality in this state may work as a
 1478  journeyman in the trade in which he or she is licensed in any
 1479  county or municipality of this state without taking an
 1480  additional examination or paying an additional license fee, if
 1481  he or she:
 1482         (a) Has scored at least 70 percent, or after October 1,
 1483  1997, at least 75 percent, on a proctored journeyman Block and
 1484  Associates examination or other proctored examination approved
 1485  by the board for the trade in which he or she is licensed;
 1486         (b) Has completed an apprenticeship program registered with
 1487  the Department of Labor and Employment Security and demonstrates
 1488  4 years’ verifiable practical experience in the trade for which
 1489  he or she is licensed, or demonstrates 6 years’ verifiable
 1490  practical experience in the trade for which he or she is
 1491  licensed;
 1492         (c) Has satisfactorily completed specialized and advanced
 1493  module coursework approved by the Florida Building Commission,
 1494  as part of the Building Code Training Program established in s.
 1495  553.841, specific to the discipline, and successfully completed
 1496  the program’s core curriculum courses or passed an equivalency
 1497  test in lieu of taking the core curriculum courses and provided
 1498  proof of completion of such curriculum courses or examination
 1499  and obtained a certificate from the board pursuant to this part
 1500  or, pursuant to authorization by the certifying authority,
 1501  provides proof of completion of such curriculum or coursework
 1502  within 6 months after such certification; and
 1503         (d) Has not had a license suspended or revoked within the
 1504  last 5 years.
 1505         Section 36. Subsection (19) of section 489.505, Florida
 1506  Statutes, is amended to read:
 1507         489.505 Definitions.—As used in this part:
 1508         (19) “Specialty contractor” means a contractor whose scope
 1509  of practice is limited to a specific segment of electrical or
 1510  alarm system contracting established in a category adopted by
 1511  board rule, including, but not limited to, residential
 1512  electrical contracting, maintenance of electrical fixtures, and
 1513  fabrication, erection, installation, and maintenance of
 1514  electrical advertising signs together with the interrelated
 1515  parts and supports thereof. Categories of specialty contractor
 1516  shall be established by board rule.
 1517         Section 37. Subsections (5), (6), and (7) of section
 1518  489.513, Florida Statutes, are amended to read:
 1519         489.513 Registration; application; requirements.—
 1520         (5) Registration permits the registrant to engage in
 1521  contracting only in the area and for the type of work covered by
 1522  the registration, unless local licenses are issued for other
 1523  areas and types of work or unless certification is obtained.
 1524  When a registrant desires to register in an additional area of
 1525  the state, he or she shall first comply with any local
 1526  requirements of that area and then file a request with the
 1527  department, together with evidence of holding a current
 1528  occupational license or license issued by the county or
 1529  municipality for the area or areas in which he or she desires to
 1530  be registered, whereupon his or her evidence of registration
 1531  shall be endorsed by the department to reflect valid
 1532  registration for the new area or areas.
 1533         (6) The local jurisdictions are shall be responsible for
 1534  providing the following information to the board within 30 days
 1535  after licensure of, or any disciplinary action against, a
 1536  locally licensed contractor who is registered under this part:
 1537         (a) Licensure information.,
 1538         (b) Code violation information pursuant to s. 553.781., and
 1539         (c) Disciplinary information. on locally licensed
 1540  individuals to the board within 30 days after licensure or any
 1541  disciplinary action, and
 1542  
 1543  The board shall maintain such licensure and disciplinary
 1544  information as it is provided to the board them, and shall make
 1545  the such information available through the automated information
 1546  system provided pursuant to s. 455.2286.
 1547         (7)In order to establish uniformity among the job scopes
 1548  established by local jurisdictions, the board shall, by rule,
 1549  establish the job scope for any licensure category registered by
 1550  the board under this part. The board shall not arbitrarily limit
 1551  such scopes and shall restrict the job scopes only to the
 1552  minimum extent necessary to ensure uniformity.
 1553         Section 38. Subsection (3) of section 489.516, Florida
 1554  Statutes, is amended to read:
 1555         489.516 Qualifications to practice; restrictions;
 1556  prerequisites.—
 1557         (3) When a certificateholder desires to engage in
 1558  contracting in any area of the state, as a prerequisite
 1559  therefor, he or she shall only be required to exhibit to the
 1560  local building official, tax collector, or other authorized
 1561  person in charge of the issuance of licenses and building or
 1562  electrical permits in the area evidence of holding a current
 1563  certificate and a current business tax receipt issued by the
 1564  jurisdiction in which the certificateholder’s principal place of
 1565  business is located, and having paid to pay the fee for the
 1566  occupational license and permit required of other persons.
 1567  However, a local construction regulation board may deny the
 1568  issuance of an electrical permit to a certified contractor, or
 1569  issue a permit with specific conditions, if the local
 1570  construction regulation board has found such contractor, through
 1571  the public hearing process, to be guilty of fraud or a willful
 1572  building code violation within the county or municipality that
 1573  the local construction regulation board represents, or if the
 1574  local construction regulation board has proof that such
 1575  contractor, through the public hearing process, has been found
 1576  guilty, in another county or municipality within the past 12
 1577  months, of fraud or a willful building code violation and finds,
 1578  after providing notice to the contractor, that such fraud or
 1579  violation would have been fraud or a violation if committed in
 1580  the county or municipality that the local construction board
 1581  represents. Notification of and information concerning such
 1582  permit denial shall be submitted to the Department of Business
 1583  and Professional Regulation within 15 days after the local
 1584  construction regulation board decides to deny the permit.
 1585         Section 39. Subsection (3) of section 489.517, Florida
 1586  Statutes, is amended to read:
 1587         489.517 Renewal of certificate or registration; continuing
 1588  education.—
 1589         (3)(a) Each certificateholder or registrant shall provide
 1590  proof, in a form established by rule of the board, that the
 1591  certificateholder or registrant has completed at least 14
 1592  classroom hours of at least 50 minutes each of continuing
 1593  education courses during each biennium since the issuance or
 1594  renewal of the certificate or registration. The board shall by
 1595  rule establish criteria for the approval of continuing education
 1596  courses and providers and may by rule establish criteria for
 1597  accepting alternative nonclassroom continuing education on an
 1598  hour-for-hour basis.
 1599         (b)Each certificateholder or registrant shall provide to
 1600  the board proof of completion of the core curriculum courses or
 1601  passing the equivalency test of the Building Code Training
 1602  Program established under s. 553.841, specific to the licensing
 1603  category sought, within 2 years after commencement of the
 1604  program or of initial certification or registration, whichever
 1605  is later. Classroom hours spent taking core curriculum courses
 1606  shall count toward the number required for renewal of
 1607  certificate or registration. A certificateholder or registrant
 1608  who passes the equivalency test in lieu of taking the core
 1609  curriculum courses shall receive full credit for core curriculum
 1610  course hours.
 1611         Section 40. Subsection (6) of section 489.521, Florida
 1612  Statutes, is amended to read:
 1613         489.521 Business organizations; qualifying agents.—
 1614         (6) When a business organization qualified to engage in
 1615  contracting makes application for a business tax receipt an
 1616  occupational license in any municipality or county of this
 1617  state, the application shall be made with the tax collector in
 1618  the name of the business organization, and the business tax
 1619  receipt license, when issued, shall be issued to the business
 1620  organization upon payment of the appropriate licensing fee and
 1621  exhibition to the tax collector of a valid certificate issued by
 1622  the department.
 1623         Section 41. Section 489.5315, Florida Statutes, is amended
 1624  to read:
 1625         489.5315 Proprietary electrical or alarm contractors.
 1626  Businesses that obtain an electrical or burglar alarm system
 1627  license to work only on their own equipment, and that do not
 1628  offer electrical or alarm contracting services to the public,
 1629  are not electrical or burglar alarm system contracting
 1630  businesses and do not have to obtain a business tax receipt an
 1631  occupational license in addition to any they are otherwise
 1632  required to have.
 1633         Section 42. Effective upon this act becoming a law,
 1634  paragraph (a) of subsection (1) of section 489.532, Florida
 1635  Statutes, is amended to read:
 1636         489.532 Contracts entered into by unlicensed contractors
 1637  unenforceable.—
 1638         (1) As a matter of public policy, contracts entered into on
 1639  or after October 1, 1990, by an unlicensed contractor shall be
 1640  unenforceable in law or in equity by the unlicensed contractor.
 1641         (a) For purposes of this section, an individual is
 1642  unlicensed if the individual does not have a license required by
 1643  this part concerning the scope of the work to be performed under
 1644  the contract. A business organization is unlicensed if the
 1645  business organization does not have a primary or secondary
 1646  qualifying agent in accordance with this part concerning the
 1647  scope of the work to be performed under the contract. For
 1648  purposes of this section, if a no state or local license is not
 1649  required for the scope of work to be performed under the
 1650  contract, the individual performing that work is shall not be
 1651  considered unlicensed.
 1652         Section 43. Paragraph (b) of subsection (3) of section
 1653  489.537, Florida Statutes, is amended to read:
 1654         489.537 Application of this part.—
 1655         (3) Nothing in this act limits the power of a municipality
 1656  or county:
 1657         (b) To collect fees for business tax receipts occupational
 1658  licenses and inspections for engaging in contracting or
 1659  examination fees from persons who are registered with the local
 1660  boards pursuant to local examination requirements.
 1661         Section 44. Section 509.233, Florida Statutes, is amended
 1662  to read:
 1663         509.233 Public food service establishment requirements;
 1664  local exemption for dogs in designated outdoor portions; pilot
 1665  program.—
 1666         (1)INTENT.—It is the intent of the Legislature by this
 1667  section to establish a 3-year pilot program for local
 1668  governments to allow patrons’ dogs within certain designated
 1669  outdoor portions of public food service establishments.
 1670         (1)(2) LOCAL EXEMPTION AUTHORIZED.—Notwithstanding s.
 1671  509.032(7), the governing body of a local government may
 1672  participating in the pilot program is authorized to establish,
 1673  by ordinance, a local exemption procedure to certain provisions
 1674  of the Food and Drug Administration Food Code, as currently
 1675  adopted by the division, in order to allow patrons’ dogs within
 1676  certain designated outdoor portions of public food service
 1677  establishments.
 1678         (2)(3) LOCAL DISCRETION; CODIFICATION.—
 1679         (a) The adoption of the local exemption procedure shall be
 1680  at the sole discretion of the governing body of a participating
 1681  local government. Nothing in this section shall be construed to
 1682  require or compel a local governing body to adopt an ordinance
 1683  pursuant to this section.
 1684         (b) Any ordinance adopted pursuant to this section shall
 1685  provide for codification within the land development code of a
 1686  participating local government.
 1687         (3)(4) LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.—
 1688         (a) Any local exemption procedure adopted pursuant to this
 1689  section shall only provide a variance to those portions of the
 1690  currently adopted Food and Drug Administration Food Code in
 1691  order to allow patrons’ dogs within certain designated outdoor
 1692  portions of public food service establishments.
 1693         (b) In order to protect the health, safety, and general
 1694  welfare of the public, the local exemption procedure shall
 1695  require participating public food service establishments to
 1696  apply for and receive a permit from the governing body of the
 1697  local government before allowing patrons’ dogs on their
 1698  premises. The local government shall require from the applicant
 1699  such information as the local government deems reasonably
 1700  necessary to enforce the provisions of this section, but shall
 1701  require, at a minimum, the following information:
 1702         1. The name, location, and mailing address of the public
 1703  food service establishment.
 1704         2. The name, mailing address, and telephone contact
 1705  information of the permit applicant.
 1706         3. A diagram and description of the outdoor area to be
 1707  designated as available to patrons’ dogs, including dimensions
 1708  of the designated area; a depiction of the number and placement
 1709  of tables, chairs, and restaurant equipment, if any; the
 1710  entryways and exits to the designated outdoor area; the
 1711  boundaries of the designated area and of other areas of outdoor
 1712  dining not available for patrons’ dogs; any fences or other
 1713  barriers; surrounding property lines and public rights-of-way,
 1714  including sidewalks and common pathways; and such other
 1715  information reasonably required by the permitting authority. The
 1716  diagram or plan shall be accurate and to scale but need not be
 1717  prepared by a licensed design professional.
 1718         4. A description of the days of the week and hours of
 1719  operation that patrons’ dogs will be permitted in the designated
 1720  outdoor area.
 1721         (c) In order to protect the health, safety, and general
 1722  welfare of the public, the local exemption ordinance shall
 1723  include such regulations and limitations as deemed necessary by
 1724  the participating local government and shall include, but not be
 1725  limited to, the following requirements:
 1726         1. All public food service establishment employees shall
 1727  wash their hands promptly after touching, petting, or otherwise
 1728  handling dogs. Employees shall be prohibited from touching,
 1729  petting, or otherwise handling dogs while serving food or
 1730  beverages or handling tableware or before entering other parts
 1731  of the public food service establishment.
 1732         2. Patrons in a designated outdoor area shall be advised
 1733  that they should wash their hands before eating. Waterless hand
 1734  sanitizer shall be provided at all tables in the designated
 1735  outdoor area.
 1736         3. Employees and patrons shall be instructed that they
 1737  shall not allow dogs to come into contact with serving dishes,
 1738  utensils, tableware, linens, paper products, or any other items
 1739  involved in food service operations.
 1740         4. Patrons shall keep their dogs on a leash at all times
 1741  and shall keep their dogs under reasonable control.
 1742         5. Dogs shall not be allowed on chairs, tables, or other
 1743  furnishings.
 1744         6. All table and chair surfaces shall be cleaned and
 1745  sanitized with an approved product between seating of patrons.
 1746  Spilled food and drink shall be removed from the floor or ground
 1747  between seating of patrons.
 1748         7. Accidents involving dog waste shall be cleaned
 1749  immediately and the area sanitized with an approved product. A
 1750  kit with the appropriate materials for this purpose shall be
 1751  kept near the designated outdoor area.
 1752         8. A sign or signs reminding employees of the applicable
 1753  rules shall be posted on premises in a manner and place as
 1754  determined by the local permitting authority.
 1755         9. A sign or signs reminding patrons of the applicable
 1756  rules shall be posted on premises in a manner and place as
 1757  determined by the local permitting authority.
 1758         10. A sign or signs shall be posted in a manner and place
 1759  as determined by the local permitting authority that places the
 1760  public on notice that the designated outdoor area is available
 1761  for the use of patrons and patrons’ dogs.
 1762         11. Dogs shall not be permitted to travel through indoor or
 1763  nondesignated outdoor portions of the public food service
 1764  establishment, and ingress and egress to the designated outdoor
 1765  portions of the public food service establishment must not
 1766  require entrance into or passage through any indoor area of the
 1767  food establishment.
 1768         (d) A permit issued pursuant to this section shall not be
 1769  transferred to a subsequent owner upon the sale of a public food
 1770  service establishment but shall expire automatically upon the
 1771  sale of the establishment. The subsequent owner shall be
 1772  required to reapply for a permit pursuant to this section if the
 1773  subsequent owner wishes to continue to accommodate patrons’
 1774  dogs.
 1775         (4)(5) POWERS; ENFORCEMENT.—Participating local governments
 1776  shall have such powers as are reasonably necessary to regulate
 1777  and enforce the provisions of this section.
 1778         (5)(6) STATE AND LOCAL COOPERATION.—The division shall
 1779  provide reasonable assistance to participating local governments
 1780  in the development of enforcement procedures and regulations,
 1781  and participating local governments shall monitor permitholders
 1782  for compliance in cooperation with the division. At a minimum,
 1783  participating local governments shall establish a procedure to
 1784  accept, document, and respond to complaints and to timely report
 1785  to the division all such complaints and the participating local
 1786  governments’ enforcement responses to such complaints. A
 1787  participating local government shall provide the division with a
 1788  copy of all approved applications and permits issued, and the
 1789  participating local government shall require that all
 1790  applications, permits, and other related materials contain the
 1791  appropriate division-issued license number for each public food
 1792  service establishment.
 1793         (7)FUTURE REVIEW AND REPEAL.—This section shall expire
 1794  July 1, 2009, unless reviewed and saved from repeal through
 1795  reenactment by the Legislature.
 1796         Section 45. Subsections (8) through (22) of section
 1797  548.002, Florida Statutes, are renumbered as subsections (9)
 1798  through (23), respectively, and a new subsection (8) is added to
 1799  that section, to read:
 1800         548.002 Definitions.—As used in this chapter, the term:
 1801         (8)“Event” means one or more matches comprising a show.
 1802         Section 46. Paragraph (k) of subsection (2) of section
 1803  548.003, Florida Statutes, is amended to read:
 1804         548.003 Florida State Boxing Commission.—
 1805         (2) The Florida State Boxing Commission, as created by
 1806  subsection (1), shall administer the provisions of this chapter.
 1807  The commission has authority to adopt rules pursuant to ss.
 1808  120.536(1) and 120.54 to implement the provisions of this
 1809  chapter and to implement each of the duties and responsibilities
 1810  conferred upon the commission, including, but not limited to:
 1811         (k) Establishment of criteria for approval, disapproval,
 1812  suspension of approval, and revocation of approval of amateur
 1813  sanctioning organizations for amateur boxing, and kickboxing,
 1814  and mixed martial arts matches held in this state, including,
 1815  but not limited to, the health and safety standards the
 1816  organizations use before, during, and after the matches to
 1817  ensure the health, safety, and well-being of the amateurs
 1818  participating in the matches, including the qualifications and
 1819  numbers of health care personnel required to be present, the
 1820  qualifications required for referees, and other requirements
 1821  relating to the health, safety, and well-being of the amateurs
 1822  participating in the matches. The commission may adopt by rule,
 1823  or incorporate by reference into rule, the health and safety
 1824  standards of USA Boxing as the minimum health and safety
 1825  standards for an amateur boxing sanctioning organization, and
 1826  the health and safety standards of the International Sport
 1827  Kickboxing Association as the minimum health and safety
 1828  standards for an amateur kickboxing sanctioning organization,
 1829  and the minimum health and safety standards for an amateur mixed
 1830  martial arts sanctioning organization. The commission shall
 1831  review its rules for necessary revision at least every 2 years
 1832  and may adopt by rule, or incorporate by reference into rule,
 1833  the then-existing current health and safety standards of USA
 1834  Boxing and the International Sport Kickboxing Association. The
 1835  commission may adopt emergency rules to administer this
 1836  paragraph.
 1837         Section 47. For the purpose of incorporating the amendment
 1838  made by this act to subsection (1) of section 455.227, Florida
 1839  Statutes, in a reference thereto, paragraph (a) of subsection
 1840  (2) of section 468.436, Florida Statutes, is reenacted to read:
 1841         468.436 Disciplinary proceedings.—
 1842         (2) The following acts constitute grounds for which the
 1843  disciplinary actions in subsection (4) may be taken:
 1844         (a) Violation of any provision of s. 455.227(1).
 1845         Section 48. For the purpose of incorporating the amendment
 1846  made by this act to subsection (1) of section 455.227, Florida
 1847  Statutes, in a reference thereto, paragraph (a) of subsection
 1848  (1) of section 468.832, Florida Statutes, is reenacted to read:
 1849         468.832 Disciplinary proceedings.—
 1850         (1) The following acts constitute grounds for which the
 1851  disciplinary actions in subsection (2) may be taken:
 1852         (a) Violation of any provision of this part or s.
 1853  455.227(1);
 1854         Section 49. For the purpose of incorporating the amendment
 1855  made by this act to subsection (1) of section 455.227, Florida
 1856  Statutes, in a reference thereto, paragraph (a) of subsection
 1857  (1) of section 468.842, Florida Statutes, is reenacted to read:
 1858         468.842 Disciplinary proceedings.—
 1859         (1) The following acts constitute grounds for which the
 1860  disciplinary actions in subsection (2) may be taken:
 1861         (a) Violation of any provision of this part or s.
 1862  455.227(1);
 1863         Section 50. For the purpose of incorporating the amendment
 1864  made by this act to subsection (1) of section 455.227, Florida
 1865  Statutes, in a reference thereto, paragraph (a) of subsection
 1866  (1) of section 471.033, Florida Statutes, is reenacted to read:
 1867         471.033 Disciplinary proceedings.—
 1868         (1) The following acts constitute grounds for which the
 1869  disciplinary actions in subsection (3) may be taken:
 1870         (a) Violating any provision of s. 455.227(1), s. 471.025,
 1871  or s. 471.031, or any other provision of this chapter or rule of
 1872  the board or department.
 1873         Section 51. For the purpose of incorporating the amendment
 1874  made by this act to section (1) of section 455.227, Florida
 1875  Statutes, in a reference thereto, paragraph (a) of subsection
 1876  (1) of section 472.033, Florida Statutes, is reenacted to read:
 1877         472.033 Disciplinary proceedings.—
 1878         (1) The following acts constitute grounds for which the
 1879  disciplinary actions in subsection (2) may be taken:
 1880         (a) Violation of any provision of s. 472.031 or s.
 1881  455.227(1);
 1882         Section 52. For the purpose of incorporating the amendment
 1883  made by this act to subsection (1) of section 455.227, Florida
 1884  Statutes, in a reference thereto, paragraph (a) of subsection
 1885  (1) of section 473.323, Florida Statutes, is reenacted to read:
 1886         473.323 Disciplinary proceedings.—
 1887         (1) The following acts constitute grounds for which the
 1888  disciplinary actions in subsection (3) may be taken:
 1889         (a) Violation of any provision of s. 455.227(1) or any
 1890  other provision of this chapter.
 1891         Section 53. For the purpose of incorporating the amendment
 1892  made by this act to subsection (1) of section 455.227, Florida
 1893  Statutes, in a reference thereto, paragraph (a) of subsection
 1894  (1) of section 475.25, Florida Statutes, is reenacted to read:
 1895         475.25 Discipline.—
 1896         (1) The commission may deny an application for licensure,
 1897  registration, or permit, or renewal thereof; may place a
 1898  licensee, registrant, or permittee on probation; may suspend a
 1899  license, registration, or permit for a period not exceeding 10
 1900  years; may revoke a license, registration, or permit; may impose
 1901  an administrative fine not to exceed $5,000 for each count or
 1902  separate offense; and may issue a reprimand, and any or all of
 1903  the foregoing, if it finds that the licensee, registrant,
 1904  permittee, or applicant:
 1905         (a) Has violated any provision of s. 455.227(1) or s.
 1906  475.42. However, licensees under this part are exempt from the
 1907  provisions of s. 455.227(1)(i).
 1908         Section 54. For the purpose of incorporating the amendment
 1909  made by this act to subsection (1) of section 455.227, Florida
 1910  Statutes, in a reference thereto, subsection (1) of section
 1911  475.624, Florida Statutes, is reenacted to read:
 1912         475.624 Discipline.—The board may deny an application for
 1913  registration or certification; may investigate the actions of
 1914  any appraiser registered, licensed, or certified under this
 1915  part; may reprimand or impose an administrative fine not to
 1916  exceed $5,000 for each count or separate offense against any
 1917  such appraiser; and may revoke or suspend, for a period not to
 1918  exceed 10 years, the registration, license, or certification of
 1919  any such appraiser, or place any such appraiser on probation, if
 1920  it finds that the registered trainee, licensee, or
 1921  certificateholder:
 1922         (1) Has violated any provisions of this part or s.
 1923  455.227(1); however, certificateholders, registrants, and
 1924  licensees under this part are exempt from the provisions of s.
 1925  455.227(1)(i).
 1926         Section 55. For the purpose of incorporating the amendment
 1927  made by this act to subsection (1) of section 455.227, Florida
 1928  Statutes, in a reference thereto, paragraph (h) of subsection
 1929  (1) of section 476.204, Florida Statutes, is reenacted to read:
 1930         476.204 Penalties.—
 1931         (1) It is unlawful for any person to:
 1932         (h) Violate any provision of s. 455.227(1), s. 476.194, or
 1933  s. 476.214.
 1934         Section 56. Paragraph (a) of subsection (1) of section
 1935  477.026, Florida Statutes, is amended to read
 1936         477.026 Fees; disposition.—
 1937         (1)  The board shall set fees according to the following
 1938  schedule:
 1939         (a) For cosmetologists, fees for original licensing,
 1940  license renewal, and delinquent renewal shall not exceed $50
 1941  $25.
 1942         Section 57. For the purpose of incorporating the amendment
 1943  made by this act to subsection (1) of section 455.227, Florida
 1944  Statutes, in a reference thereto, paragraph (h) of subsection
 1945  (1) of section 477.029, Florida Statutes, is reenacted to read:
 1946         477.029 Penalty.—
 1947         (1) It is unlawful for any person to:
 1948         (h) Violate any provision of s. 455.227(1), s. 477.0265, or
 1949  s. 477.028.
 1950         Section 58. For the purpose of incorporating the amendment
 1951  made by this act to subsection (1) of section 455.227, Florida
 1952  Statutes, in a reference thereto, paragraph (a) of subsection
 1953  (1) of section 481.225, Florida Statutes, is reenacted to read:
 1954         481.225 Disciplinary proceedings against registered
 1955  architects.—
 1956         (1) The following acts constitute grounds for which the
 1957  disciplinary actions in subsection (3) may be taken:
 1958         (a) Violating any provision of s. 455.227(1), s. 481.221,
 1959  or s. 481.223, or any rule of the board or department lawfully
 1960  adopted pursuant to this part or chapter 455.
 1961         Section 59. For the purpose of incorporating the amendment
 1962  made by this act to subsection (1) of section 455.227, Florida
 1963  Statutes, in a reference thereto, paragraph (a) of subsection
 1964  (1) of section 481.325, Florida Statutes, is reenacted to read:
 1965         481.325 Disciplinary proceedings.—
 1966         (1) The following acts constitute grounds for which the
 1967  disciplinary actions in subsection (3) may be taken:
 1968         (a) Violation of any provision of s. 455.227(1), s.
 1969  481.321, or s. 481.323.
 1970         Section 60. Section 509.201, Florida Statutes, is repealed.
 1971         Section 61. Effective upon this act becoming a law, the
 1972  amendments made by this act to ss. 489.128(1)(a) and
 1973  489.532(1)(a), Florida Statutes, shall apply retroactively to
 1974  contracts entered into on or after October 1, 2000, and shall
 1975  apply retroactively to all actions pending when this act becomes
 1976  a law.
 1977         Section 62. Except as otherwise expressly provided in this
 1978  act and except for this section, which shall take effect upon
 1979  becoming a law, this act shall take effect July 1, 2009.

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