September 19, 2020
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       Florida Senate - 2009                      CS for CS for SB 2262
       
       
       
       By the Committees on Community Affairs; and Regulated
       Industries; and Senator Gaetz
       
       
       
       578-05580A-09                                         20092262c2
    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 ss. 489.127,
  138         489.128, 489.129, and 489.132, F.S.; deleting
  139         provisions relating to a business organization’s
  140         certificate of authority for contracting to conform to
  141         changes made by the act; amending s. 489.1455, F.S.;
  142         deleting provisions requiring certain journeymen
  143         licensees to complete a certain core curriculum or
  144         pass an equivalency test of the Florida Building Code
  145         Compliance and Mitigation Program; amending s.
  146         489.505, F.S.; revising the term “specialty
  147         contractor” to require that the scope of practice of a
  148         specialty contractor be established in a category of
  149         electrical or alarm system contracting adopted by rule
  150         of the Electrical Contractors’ Licensing Board;
  151         amending s. 489.513, F.S.; deleting a requirement that
  152         the local license required for an electrical or alarm
  153         system contractor be an occupational license; limiting
  154         the licensing and disciplinary actions that local
  155         jurisdictions must report to the board to certain
  156         actions of registered contractors; deleting provisions
  157         requiring the board to establish uniform job scopes
  158         for any electrical and alarm system contracting
  159         license category; amending s. 489.516, F.S.;
  160         authorizing local officials to require a contractor to
  161         obtain a business tax receipt; deleting provisions
  162         requiring a contractor to pay an occupational license
  163         fee; amending s. 489.517, F.S.; deleting provisions
  164         requiring electrical and alarm system contractor
  165         certificateholders and registrants to complete a
  166         certain core curriculum or pass an equivalency test of
  167         the Florida Building Code Compliance and Mitigation
  168         Program; amending s. 489.521, F.S.; providing
  169         application procedures and requirements for the
  170         issuance of a business tax receipt to a business
  171         organization; deleting provisions for the issuance of
  172         an occupational license to a business organization;
  173         amending s. 489.5315, F.S.; specifying that certain
  174         electrical or alarm system contractors are not
  175         required to obtain a business tax receipt; deleting a
  176         provision exempting certain contractors from
  177         requirements for an occupational license to conform to
  178         changes made by the act; amending s. 489.532, F.S.;
  179         revising the circumstances under which a person is
  180         considered an unlicensed electrical or alarm system
  181         contractor; amending s. 489.537, F.S.; authorizing a
  182         county or municipality to collect fees for business
  183         tax receipts from electrical and alarm system
  184         contractors; deleting a provision authorizing the
  185         collection of occupational license fees; amending s.
  186         509.233, F.S.; authorizing local governments to
  187         establish, by ordinance, local exemption procedures to
  188         allow patrons’ dogs within certain designated outdoor
  189         portions of public food service establishments;
  190         deleting provisions for a pilot program that limits
  191         the authority for such local exemption procedures to a
  192         specified time; deleting a provision that provides for
  193         the future review and repeal of such pilot program;
  194         amending s. 548.002, F.S.; defining the term “event”
  195         for regulation of pugilistic exhibitions; amending s.
  196         548.003, F.S.; authorizing the Florida State Boxing
  197         Commission to adopt criteria for the approval of
  198         certain amateur sanctioning organizations; authorizing
  199         the commission to adopt health and safety standards
  200         for amateur mixed martial arts; reenacting ss.
  201         468.436(2)(a), 468.832(1)(a), 468.842(1)(a),
  202         471.033(1)(a), 472.033(1)(a), 473.323(1)(a),
  203         475.25(1)(a), 475.624(1), 476.204(1)(h),
  204         477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
  205         relating to the discipline of community association
  206         managers or firms, home inspectors, mold assessors and
  207         remediators, engineers, surveyors and mappers,
  208         certified public accountants and accounting firms,
  209         real estate brokers and sales associates, real estate
  210         appraisers, barbers, cosmetologists, architects, and
  211         landscape architects, to incorporate the amendment
  212         made to s. 455.227, F.S., in references thereto;
  213         repealing s. 509.201, F.S., relating to posting and
  214         advertising the room rates of a public lodging
  215         establishment and related penalties; providing
  216         effective dates.
  217  
  218  Be It Enacted by the Legislature of the State of Florida:
  219  
  220         Section 1. Subsection (1) of section 455.213, Florida
  221  Statutes, is amended to read:
  222         455.213 General licensing provisions.—
  223         (1) Any person desiring to be licensed shall apply to the
  224  department in writing. The application for licensure shall be
  225  submitted made on a form prescribed prepared and furnished by
  226  the department and must include the applicant’s social security
  227  number. Notwithstanding any other provision of law, the
  228  department is the sole authority for determining the contents of
  229  any documents to be submitted for initial licensure and
  230  licensure renewal. Such documents may contain information
  231  including, as appropriate: demographics, education, work
  232  history, personal background, criminal history, finances,
  233  business information, complaints, inspections, investigations,
  234  discipline, bonding, signature notarization, photographs,
  235  performance periods, reciprocity, local government approvals,
  236  supporting documentation, periodic reporting requirements,
  237  fingerprint requirements, continuing education requirements, and
  238  ongoing education monitoring. The application shall be
  239  supplemented as needed to reflect any material change in any
  240  circumstance or condition stated in the application which takes
  241  place between the initial filing of the application and the
  242  final grant or denial of the license and which might affect the
  243  decision of the department. In order to further the economic
  244  development goals of the state, and notwithstanding any law to
  245  the contrary, the department may enter into an agreement with
  246  the county tax collector for the purpose of appointing the
  247  county tax collector as the department’s agent to accept
  248  applications for licenses and applications for renewals of
  249  licenses. The agreement must specify the time within which the
  250  tax collector must forward any applications and accompanying
  251  application fees to the department. In cases where a person
  252  applies or schedules directly with a national examination
  253  organization or examination vendor to take an examination
  254  required for licensure, any organization- or vendor-related fees
  255  associated with the examination may be paid directly to the
  256  organization or vendor. An application is received for purposes
  257  of s. 120.60 upon the department’s receipt of the application
  258  submitted in the format prescribed by the department; the
  259  application fee set by the board or, if there is no board, set
  260  by the department; and any other fee required by law or rule to
  261  be remitted with the application.
  262         Section 2. Paragraphs (t) and (u) are added to subsection
  263  (1) of section 455.227, Florida Statutes, to read:
  264         455.227 Grounds for discipline; penalties; enforcement.—
  265         (1) The following acts shall constitute grounds for which
  266  the disciplinary actions specified in subsection (2) may be
  267  taken:
  268         (t)Failing to report in writing to the board or, if there
  269  is no board, to the department within 30 days after the licensee
  270  is convicted or found guilty of, or entered a plea of nolo
  271  contendere or guilty to, regardless of adjudication, a crime in
  272  any jurisdiction. A licensee must report a conviction, finding
  273  of guilt, plea, or adjudication entered before the effective
  274  date of this paragraph within 30 days after the effective date
  275  of this paragraph.
  276         (u)Termination from a treatment program for impaired
  277  practitioners as described in s. 456.076 for failure to comply,
  278  without good cause, with the terms of the monitoring or
  279  treatment contract entered into by the licensee or failing to
  280  successfully complete a drug or alcohol treatment program.
  281         Section 3. Section 455.2274, Florida Statutes, is created
  282  to read:
  283         455.2274Criminal proceedings against licensees;
  284  appearances by department representatives.—A representative of
  285  the department may voluntarily appear in a criminal proceeding
  286  brought against a person licensed by the department to practice
  287  a profession regulated by the state. The department’s
  288  representative is authorized to furnish pertinent information,
  289  make recommendations regarding specific conditions of probation,
  290  and provide other assistance to the court necessary to promote
  291  justice or protect the public. The court may order a
  292  representative of the department to appear in a criminal
  293  proceeding if the crime charged is substantially related to the
  294  qualifications, functions, or duties of a license regulated by
  295  the department.
  296         Section 4. Paragraph (i) of subsection (1) of section
  297  468.402, Florida Statutes, is amended to read:
  298         468.402 Duties of the department; authority to issue and
  299  revoke license; adoption of rules.—
  300         (1) The department may take any one or more of the actions
  301  specified in subsection (5) against any person who has:
  302         (i) Had a license to operate a talent agency revoked,
  303  suspended, or otherwise acted against, including, but not
  304  limited to, having been denied a license for good cause by the
  305  licensing authority of any another state, territory, or country.
  306         Section 5. Subsection (1) of section 468.403, Florida
  307  Statutes, is amended to read:
  308         468.403 License requirements.—
  309         (1) A person may not own, operate, solicit business, or
  310  otherwise engage in or carry on the occupation of a talent
  311  agency in this state unless the such person first procures a
  312  license for the talent agency from the department. However, A
  313  license is not required for a person who acts as an agent for
  314  herself or himself, a family member, or exclusively for one
  315  artist. However, a person may not advertise or otherwise hold
  316  himself or herself out as a “talent agency” or “talent agent”
  317  unless the person is licensed under this section as a talent
  318  agency.
  319         Section 6. Section 468.409, Florida Statutes, is amended to
  320  read:
  321         468.409 Records required to be kept.—Each talent agency
  322  shall keep on file the application, registration, or contract of
  323  each artist. In addition, such file must include the name and
  324  address of each artist, the amount of the compensation received,
  325  and all attempts to procure engagements for the artist. No such
  326  agency or employee thereof shall knowingly make any false entry
  327  in applicant files or receipt files. Each card or document in
  328  such files shall be preserved for a period of 1 year after the
  329  date of the last entry thereon. Records required under this
  330  section shall be readily available for inspection by the
  331  department during reasonable business hours at the talent
  332  agency’s principal office. A talent agency must provide the
  333  department with true copies of the records in the manner
  334  prescribed by the department.
  335         Section 7. Subsection (3) of section 468.410, Florida
  336  Statutes, is amended to read:
  337         468.410 Prohibition against registration fees; referral.—
  338         (3) A talent agency shall give each applicant a copy of a
  339  contract, within 24 hours after the contract’s execution, which
  340  lists the services to be provided and the fees to be charged.
  341  The contract shall state that the talent agency is regulated by
  342  the department and shall list the address and telephone number
  343  of the department.
  344         Section 8. Subsections (5) and (8) of section 468.412,
  345  Florida Statutes, are amended, and subsection (11) is added to
  346  that section, to read:
  347         468.412 Talent agency regulations; prohibited acts.—
  348         (5)(a) No talent agency may knowingly issue a contract for
  349  employment containing any term or condition which, if complied
  350  with, would be in violation of law, or attempt to fill an order
  351  for help to be employed in violation of law.
  352         (b)A talent agency must advise an artist, in writing, that
  353  the artist has a right to rescind a contract for employment
  354  within the first 3 business days after the contract’s execution.
  355  Any engagement procured by the talent agency for the artist
  356  during the first 3 business days of the contract remains
  357  commissionable to the talent agency.
  358         (8) No talent agency, without the written consent of the
  359  artist, may divide fees with anyone, including, but not limited
  360  to, an agent or other employee of an employer, a buyer, a
  361  casting director, a producer, a director, or any venue that uses
  362  entertainment. For purposes of this subsection, to “divide fees”
  363  includes the sharing among two or more persons those fees
  364  charged to an artist for services performed on behalf of that
  365  artist, the total amount of which fees exceeds the amount that
  366  would have been charged to the artist by the talent agency
  367  alone.
  368         (11)A talent agency may assign an engagement contract to
  369  another talent agency licensed in this state only if the artist
  370  agrees in writing to the assignment. The assignment must occur,
  371  and written notice of the assignment must be given to the
  372  artist, within 30 days after the artist agrees in writing to the
  373  assignment.
  374         Section 9. Subsection (4) of section 468.413, Florida
  375  Statutes, is amended to read:
  376         468.413 Legal requirements; penalties.—
  377         (4) In the event the department or any state attorney shall
  378  have probable cause to believe that a talent agency or other
  379  person has violated any provision of subsection (1), an action
  380  may be brought by the department or any state attorney to enjoin
  381  such talent agency or any person from continuing such violation,
  382  or engaging therein or doing any acts in furtherance thereof,
  383  and for such other relief as to the court seems appropriate. In
  384  addition to this remedy, the department may assess a penalty
  385  against any talent agency or any person in an amount not to
  386  exceed $5,000 $1,000.
  387         Section 10. Paragraph (d) of subsection (3) of section
  388  468.609, Florida Statutes, is amended to read:
  389         468.609 Administration of this part; standards for
  390  certification; additional categories of certification.—
  391         (3) A person may take the examination for certification as
  392  a building code administrator pursuant to this part if the
  393  person:
  394         (d)After the building code training program is established
  395  under s. 553.841, demonstrates successful completion of the core
  396  curriculum approved by the Florida Building Commission,
  397  appropriate to the licensing category sought.
  398         Section 11. Subsection (6) of section 468.627, Florida
  399  Statutes, is amended to read:
  400         468.627 Application; examination; renewal; fees.—
  401         (6)Each certificateholder shall provide to the board proof
  402  of completion of the core curriculum courses of the building
  403  code training program established by s. 553.841, within 2 years
  404  after commencement of the program. Each new certificateholder
  405  shall provide to the board proof of completion of the core
  406  curriculum courses of the building code training program
  407  established in s. 553.841 within the first 2-year period after
  408  initial licensure. Continuing education hours spent taking such
  409  core curriculum courses shall count toward the number required
  410  for license renewal.
  411         Section 12. Section 471.0195, Florida Statutes, is amended
  412  to read:
  413         471.0195 Florida Building Code training for engineers.—All
  414  licensees actively participating in the design of engineering
  415  works or systems in connection with buildings, structures, or
  416  facilities and systems covered by the Florida Building Code
  417  shall take continuing education courses and submit proof to the
  418  board, at such times and in such manner as established by the
  419  board by rule, that the licensee has completed the core
  420  curriculum courses and any specialized or advanced courses on
  421  any portion of the Florida Building Code applicable to the
  422  licensee’s area of practice or has passed the appropriate
  423  equivalency test of the Building Code Training Program as
  424  required by s. 553.841. The board shall record reported
  425  continuing education courses on a system easily accessed by code
  426  enforcement jurisdictions for evaluation when determining
  427  license status for purposes of processing design documents.
  428  Local jurisdictions shall be responsible for notifying the board
  429  when design documents are submitted for building construction
  430  permits by persons who are not in compliance with this section.
  431  The board shall take appropriate action as provided by its rules
  432  when such noncompliance is determined to exist.
  433         Section 13. Section 473.305, Florida Statutes, is amended
  434  to read:
  435         473.305 Fees.—The board, by rule, may establish fees to be
  436  paid for applications, examination, reexamination, licensing and
  437  renewal, reinstatement, and recordmaking and recordkeeping. The
  438  fee for the examination shall be established at an amount that
  439  covers the costs for the procurement or development,
  440  administration, grading, and review of the examination. The fee
  441  for the examination is refundable if the applicant is found to
  442  be ineligible to sit for the examination. The fee for initial
  443  application is nonrefundable, and the combined fees for
  444  application and examination may not exceed $250 plus the actual
  445  per applicant cost to the department for purchase of the
  446  examination from the American Institute of Certified Public
  447  Accountants or a similar national organization. The biennial
  448  renewal fee may not exceed $250. The board may also establish,
  449  by rule, a reactivation fee, a late filing fee for the law and
  450  rules examination, and a delinquency fee not to exceed $50 for
  451  continuing professional education reporting forms. The board
  452  shall establish fees which are adequate to ensure the continued
  453  operation of the board and to fund the proportionate expenses
  454  incurred by the department which are allocated to the regulation
  455  of public accountants. Fees shall be based on department
  456  estimates of the revenue required to implement this chapter and
  457  the provisions of law with respect to the regulation of
  458  certified public accountants.
  459         Section 14. Subsection (1) of section 473.311, Florida
  460  Statutes, is amended to read:
  461         473.311 Renewal of license.—
  462         (1) The department shall renew a license upon receipt of
  463  the renewal application and fee and upon certification by the
  464  board that the licensee has satisfactorily completed the
  465  continuing education requirements of s. 473.312 and has passed
  466  an examination approved by the board on chapter 455 and this
  467  chapter and the related administrative rules. However, each
  468  licensee must complete the requirements of s. 473.312(1)(c)
  469  prior to taking the examination.
  470         Section 15. Subsection (3) of section 473.313, Florida
  471  Statutes, is amended to read:
  472         473.313 Inactive status.—
  473         (3) Any licensee holding an inactive license may be
  474  permitted to reactivate such license in a conditional manner.
  475  The conditions of reactivation shall require, in addition to the
  476  payment of fees, the passing of the examination approved by the
  477  board concerning chapter 455 and this chapter, and the related
  478  administrative rules, and the completion of required continuing
  479  education.
  480         Section 16. Paragraph (a) of subsection (1) of section
  481  475.175, Florida Statutes, is amended to read:
  482         475.175 Examinations.—
  483         (1) A person shall be entitled to take the license
  484  examination to practice in this state if the person:
  485         (a) Submits to the department the appropriate notarized or
  486  electronically authenticated application and fee, and a
  487  fingerprint card. The fingerprint card shall be forwarded to the
  488  Division of Criminal Justice Information Systems within the
  489  Department of Law Enforcement for purposes of processing the
  490  fingerprint card to determine if the applicant has a criminal
  491  history record. The fingerprint card shall also be forwarded to
  492  the Federal Bureau of Investigation for purposes of processing
  493  the fingerprint card to determine if the applicant has a
  494  criminal history record. The information obtained by the
  495  processing of the fingerprint card by the Florida Department of
  496  Law Enforcement and the Federal Bureau of Investigation shall be
  497  sent to the department for the purpose of determining if the
  498  applicant is statutorily qualified for examination. Effective
  499  July 1, 2006, an applicant shall provide fingerprints in
  500  electronic format.
  501         Section 17. Subsection (6) of section 475.451, Florida
  502  Statutes, is amended to read:
  503         475.451 Schools teaching real estate practice.—
  504         (6) Any course prescribed by the commission as a condition
  505  precedent to any person’s becoming initially licensed as a sales
  506  associate may be taught in any real estate school through the
  507  use of a video tape of instruction by a currently permitted
  508  instructor from any such school or may be taught by distance
  509  learning pursuant to s. 475.17(2). The commission may require
  510  that any such video tape course have a single session of live
  511  instruction by a currently permitted instructor from any such
  512  school; however, this requirement shall not exceed 3 classroom
  513  hours. All other prescribed courses, except the continuing
  514  education course required by s. 475.182, shall be taught by a
  515  currently permitted school instructor personally in attendance
  516  at such course or by distance learning pursuant to s. 475.17.
  517  The continuing education course required by s. 475.182 may be
  518  taught by distance learning pursuant to s. 475.17 or by an
  519  equivalent correspondence course; however, any such
  520  correspondence course shall be required to have a final
  521  examination, prepared and administered by the school issuing the
  522  correspondence course. The continuing education requirements
  523  provided in this section or provided in any other section in
  524  this chapter do not apply with respect to an any attorney who is
  525  otherwise qualified under the provisions of this chapter and who
  526  is a member in good standing of The Florida Bar.
  527         Section 18. Subsection (5) of section 475.615, Florida
  528  Statutes, is amended to read:
  529         475.615 Qualifications for registration or certification.—
  530         (5) At the time of filing an a notarized application for
  531  registration or certification, the applicant must sign a pledge
  532  to comply with the Uniform Standards of Professional Appraisal
  533  Practice upon registration or certification and must indicate in
  534  writing that she or he understands the types of misconduct for
  535  which disciplinary proceedings may be initiated. The application
  536  shall expire 1 year after the date received.
  537         Section 19. Subsection (1) of section 476.134, Florida
  538  Statutes, is amended to read:
  539         476.134 Examinations.—
  540         (1) Examinations of applicants for licenses as barbers
  541  shall be offered not less than four times each year. The
  542  examination of applicants for licenses as barbers shall may
  543  include both a practical demonstration and a written test. The
  544  board shall have the authority to adopt rules with respect to
  545  the examination of applicants for licensure. The board may
  546  provide rules with respect to written or practical examinations
  547  in such manner as the board may deem fit.
  548         Section 20. Paragraph (b) of subsection (6) of section
  549  476.144, Florida Statutes, is amended to read:
  550         476.144 Licensure.—
  551         (6) A person may apply for a restricted license to practice
  552  barbering. The board shall adopt rules specifying procedures for
  553  an applicant to obtain a restricted license if the applicant:
  554         (b) Passes a written examination on the laws and rules
  555  governing the practice of barbering in Florida, as established
  556  by the board, and a practical examination approved by the board.
  557  
  558  The restricted license shall limit the licensee’s practice to
  559  those specific areas in which the applicant has demonstrated
  560  competence pursuant to rules adopted by the board.
  561         Section 21. Subsection (6) of section 481.215, Florida
  562  Statutes, is renumbered as subsection (5), and present
  563  subsection (5) of that section is amended, to read:
  564         481.215 Renewal of license.—
  565         (5)Each licensee shall provide to the board proof of
  566  completion of the core curriculum courses, or passing the
  567  equivalency test of the Building Code Training Program
  568  established by s. 553.841, within 2 years after commencement of
  569  the program or after initial licensure, whichever is later.
  570  Hours spent taking core curriculum courses shall count toward
  571  the number required for license renewal. A licensee who passes
  572  the equivalency test in lieu of taking the core curriculum
  573  courses shall receive full credit for such core curriculum
  574  course hours.
  575         Section 22. Subsection (6) of section 481.313, Florida
  576  Statutes, is renumbered as subsection (5), and present
  577  subsection (5) of that section is amended, to read:
  578         481.313 Renewal of license.—
  579         (5)Each licenseholder shall provide to the board proof of
  580  completion of the core curriculum courses, or passing the
  581  equivalency test of the Building Code Training Program
  582  established by s. 553.841, within 2 years after commencement of
  583  the program or of initial licensure, whichever is later. Hours
  584  spent taking core curriculum courses shall count toward the
  585  number required for license renewal. A licensee who passes the
  586  equivalency test in lieu of taking the core curriculum courses
  587  shall receive full credit for core curriculum course hours.
  588         Section 23. Subsection (7) of section 489.103, Florida
  589  Statutes, is amended to read:
  590         489.103 Exemptions.—This part does not apply to:
  591         (7) Owners of property when acting as their own contractor
  592  and providing direct, onsite supervision themselves of all work
  593  not performed by licensed contractors:
  594         (a) When building or improving farm outbuildings or one
  595  family or two-family residences on such property for the
  596  occupancy or use of such owners and not offered for sale or
  597  lease, or building or improving commercial buildings, at a cost
  598  not to exceed $75,000, on such property for the occupancy or use
  599  of such owners and not offered for sale or lease. In an action
  600  brought under this part, proof of the sale or lease, or offering
  601  for sale or lease, of any such structure by the owner-builder
  602  within 1 year after completion of same creates a presumption
  603  that the construction was undertaken for purposes of sale or
  604  lease.
  605         (b) When repairing or replacing wood shakes or asphalt or
  606  fiberglass shingles on one-family, two-family, or three-family
  607  residences for the occupancy or use of such owner or tenant of
  608  the owner and not offered for sale within 1 year after
  609  completion of the work and when the property has been damaged by
  610  natural causes from an event recognized as an emergency
  611  situation designated by executive order issued by the Governor
  612  declaring the existence of a state of emergency as a result and
  613  consequence of a serious threat posed to the public health,
  614  safety, and property in this state.
  615  
  616  This subsection does not exempt any person who is employed by or
  617  has a contract with such owner and who acts in the capacity of a
  618  contractor. The owner may not delegate the owner’s
  619  responsibility to directly supervise all work to any other
  620  person unless that person is registered or certified under this
  621  part and the work being performed is within the scope of that
  622  person’s license. For the purposes of this subsection, the term
  623  “owners of property” includes the owner of a mobile home
  624  situated on a leased lot. To qualify for exemption under this
  625  subsection, an owner must personally appear and sign the
  626  building permit application and must satisfy local permitting
  627  agency requirements, if any, proving that the owner has a
  628  complete understanding of the owner’s obligations under the law
  629  as specified in the disclosure statement in this section. If any
  630  person violates the requirements of this subsection, the local
  631  permitting agency shall withhold final approval, revoke the
  632  permit, or pursue any action or remedy for unlicensed activity
  633  against the owner and any person performing work that requires
  634  licensure under the permit issued. The local permitting agency
  635  shall provide the person with a disclosure statement in
  636  substantially the following form:
  637  
  638                        DISCLOSURE STATEMENT                       
  639  
  640         1.I understand that state law requires construction
  641         to be done by a licensed contractor and have applied
  642         for an owner-builder permit under an exemption from
  643         the law. The exemption specifies that I, as the owner
  644         of the property listed, may act as my own contractor
  645         with certain restrictions even though I do not have a
  646         license.
  647  
  648         2.I understand that building permits are not required
  649         to be signed by a property owner unless he or she is
  650         responsible for the construction and is not hiring a
  651         licensed contractor to assume responsibility.
  652  
  653         3.I understand that, as an owner-builder, I am the
  654         responsible party of record on a permit. I understand
  655         that I may protect myself from potential financial
  656         risk by hiring a licensed contractor and having the
  657         permit filed in his or her name instead of my own
  658         name. I also understand that a contractor is required
  659         by law to be licensed in Florida and to list his or
  660         her license numbers on permits and contracts.
  661  
  662         4.I understand that I may build or improve a one
  663         family or two-family residence or a farm outbuilding.
  664         I may also build or improve a commercial building if
  665         the costs do not exceed $75,000. The building or
  666         residence must be for my own use or occupancy. It may
  667         not be built or substantially improved for sale or
  668         lease. If a building or residence that I have built or
  669         substantially improved myself is sold or leased within
  670         1 year after the construction is complete, the law
  671         will presume that I built or substantially improved it
  672         for sale or lease, which violates the exemption.
  673  
  674         5.I understand that, as the owner-builder, I must
  675         provide direct, onsite supervision of the
  676         construction.
  677  
  678         6.I understand that I may not hire an unlicensed
  679         person to act as my contractor or to supervise persons
  680         working on my building or residence. It is my
  681         responsibility to ensure that the persons whom I
  682         employ have the licenses required by law and by county
  683         or municipal ordinance.
  684  
  685         7.I understand that it is a frequent practice of
  686         unlicensed persons to have the property owner obtain
  687         an owner-builder permit that erroneously implies that
  688         the property owner is providing his or her own labor
  689         and materials. I, as an owner-builder, may be held
  690         liable and subjected to serious financial risk for any
  691         injuries sustained by an unlicensed person or his or
  692         her employees while working on my property. My
  693         homeowner’s insurance may not provide coverage for
  694         those injuries. I am willfully acting as an owner
  695         builder and am aware of the limits of my insurance
  696         coverage for injuries to workers on my property.
  697  
  698         8.I understand that I may not delegate the
  699         responsibility for supervising work to a licensed
  700         contractor who is not licensed to perform the work
  701         being done. Any person working on my building who is
  702         not licensed must work under my direct supervision and
  703         must be employed by me, which means that I must comply
  704         with laws requiring the withholding of federal income
  705         tax and social security contributions under the
  706         Federal Insurance Contributions Act (FICA) and must
  707         provide workers’ compensation for the employee. I
  708         understand that my failure to follow these laws may
  709         subject me to serious financial risk.
  710  
  711         9.I agree that, as the party legally and financially
  712         responsible for this proposed construction activity, I
  713         will abide by all applicable laws and requirements
  714         that govern owner-builders as well as employers. I
  715         also understand that the construction must comply with
  716         all applicable laws, ordinances, building codes, and
  717         zoning regulations.
  718  
  719         10.I understand that I may obtain more information
  720         regarding my obligations as an employer from the
  721         Internal Revenue Service, the United States Small
  722         Business Administration, the Florida Department of
  723         Financial Services, and the Florida Department of
  724         Revenue. I also understand that I may contact the
  725         Florida Construction Industry Licensing Board at
  726         ...(telephone number)... or ... (Internet website
  727         address)... for more information about licensed
  728         contractors.
  729  
  730         11.I am aware of, and consent to, an owner-builder
  731         building permit applied for in my name and understand
  732         that I am the party legally and financially
  733         responsible for the proposed construction activity at
  734         the following address: ...(address of property)....
  735  
  736         12.I agree to notify ...(issuer of disclosure
  737         statements)... immediately of any additions,
  738         deletions, or changes to any of the information that I
  739         have provided on this disclosure.
  740  
  741         Licensed contractors are regulated by laws designed to
  742         protect the public. If you contract with a person who
  743         does not have a license, the Construction Industry
  744         Licensing Board and Department of Business and
  745         Professional Regulation may be unable to assist you
  746         with any financial loss that you sustain as a result
  747         of a complaint. Your only remedy against an unlicensed
  748         contractor may be in civil court. It is also important
  749         for you to understand that, if an unlicensed
  750         contractor or employee of an individual or firm is
  751         injured while working on your property, you may be
  752         held liable for damages. If you obtain an owner
  753         builder permit and wish to hire a licensed contractor,
  754         you will be responsible for verifying whether the
  755         contractor is properly licensed and the status of the
  756         contractor’s workers’ compensation coverage.
  757  
  758         Before a building permit may be issued, this
  759         disclosure statement must be completed and signed by
  760         the property owner and returned to the local
  761         permitting agency responsible for issuing the permit.
  762         A copy of the property owner’s driver license, the
  763         notarized signature of the property owner, or other
  764         type of verification acceptable to the local
  765         permitting agency is required when the permit is
  766         issued.
  767  
  768         Signature: ...(signature of property owner)....
  769         Date: ...(date)....
  770  
  771         State law requires construction to be done by licensed
  772  contractors. You have applied for a permit under an exemption to
  773  that law. The exemption allows you, as the owner of your
  774  property, to act as your own contractor with certain
  775  restrictions even though you do not have a license. You must
  776  provide direct, onsite supervision of the construction yourself.
  777  You may build or improve a one-family or two-family residence or
  778  a farm outbuilding. You may also build or improve a commercial
  779  building, provided your costs do not exceed $75,000. The
  780  building or residence must be for your own use or occupancy. It
  781  may not be built or substantially improved for sale or lease. If
  782  you sell or lease a building you have built or substantially
  783  improved yourself within 1 year after the construction is
  784  complete, the law will presume that you built or substantially
  785  improved it for sale or lease, which is a violation of this
  786  exemption. You may not hire an unlicensed person to act as your
  787  contractor or to supervise people working on your building. It
  788  is your responsibility to make sure that people employed by you
  789  have licenses required by state law and by county or municipal
  790  licensing ordinances. You may not delegate the responsibility
  791  for supervising work to a licensed contractor who is not
  792  licensed to perform the work being done. Any person working on
  793  your building who is not licensed must work under your direct
  794  supervision and must be employed by you, which means that you
  795  must deduct F.I.C.A. and withholding tax and provide workers’
  796  compensation for that employee, all as prescribed by law. Your
  797  construction must comply with all applicable laws, ordinances,
  798  building codes, and zoning regulations.
  799         Section 24. Paragraph (q) of subsection (3) of section
  800  489.105, Florida Statutes, is amended to read:
  801         489.105 Definitions.—As used in this part:
  802         (3) “Contractor” means the person who is qualified for, and
  803  shall only be responsible for, the project contracted for and
  804  means, except as exempted in this part, the person who, for
  805  compensation, undertakes to, submits a bid to, or does himself
  806  or herself or by others construct, repair, alter, remodel, add
  807  to, demolish, subtract from, or improve any building or
  808  structure, including related improvements to real estate, for
  809  others or for resale to others; and whose job scope is
  810  substantially similar to the job scope described in one of the
  811  subsequent paragraphs of this subsection. For the purposes of
  812  regulation under this part, “demolish” applies only to
  813  demolition of steel tanks over 50 feet in height; towers over 50
  814  feet in height; other structures over 50 feet in height, other
  815  than buildings or residences over three stories tall; and
  816  buildings or residences over three stories tall. Contractors are
  817  subdivided into two divisions, Division I, consisting of those
  818  contractors defined in paragraphs (a)-(c), and Division II,
  819  consisting of those contractors defined in paragraphs (d)-(q):
  820         (q) “Specialty contractor” means a contractor whose scope
  821  of work and responsibility is limited to a particular phase of
  822  construction established in a category adopted by board rule and
  823  whose scope is limited to a subset of the activities described
  824  in the categories established in one of the paragraphs of this
  825  subsection.
  826         Section 25. Paragraphs (a) and (d) of subsection (1) of
  827  section 489.109, Florida Statutes, are amended to read:
  828         489.109 Fees.—
  829         (1) The board, by rule, shall establish reasonable fees to
  830  be paid for applications, certification and renewal,
  831  registration and renewal, and recordmaking and recordkeeping.
  832  The fees shall be established as follows:
  833         (a) With respect to an applicant for a certificate, the
  834  initial application fee may not exceed $150, and, if an
  835  examination cost is included in the application fee, the
  836  combined amount may not exceed $350. The initial certification
  837  fee and the renewal fee may not exceed $250 $200. However, any
  838  applicant who seeks certification under this part by taking a
  839  practical examination must pay as an examination fee the actual
  840  cost incurred by the department in developing, preparing,
  841  administering, scoring, score reporting, and evaluating the
  842  examination, if the examination is conducted by the department.
  843         (d) With respect to an application for registration or
  844  certification to qualify a business organization, the initial
  845  application fee and the renewal fee shall be $50. The board, by
  846  rule, may establish a fee for transfer of a certificate of
  847  authority from one business organization to another, not to
  848  exceed the applicable renewal fee.
  849         Section 26. Section 489.114, Florida Statutes, is amended
  850  to read:
  851         489.114 Evidence of workers’ compensation coverage.—Except
  852  as provided in s. 489.115(5)(d), any person, business
  853  organization, or qualifying agent engaged in the business of
  854  contracting in this state and certified or registered under this
  855  part shall, as a condition precedent to the issuance or renewal
  856  of a certificate or, registration, or certificate of authority
  857  of the contractor, provide to the Construction Industry
  858  Licensing Board, as provided by board rule, evidence of workers’
  859  compensation coverage pursuant to chapter 440. In the event that
  860  the Division of Workers’ Compensation of the Department of
  861  Financial Services receives notice of the cancellation of a
  862  policy of workers’ compensation insurance insuring a person or
  863  entity governed by this section, the Division of Workers’
  864  Compensation shall certify and identify all persons or entities
  865  by certification or registration license number to the
  866  department after verification is made by the Division of
  867  Workers’ Compensation that persons or entities governed by this
  868  section are no longer covered by workers’ compensation
  869  insurance. Such certification and verification by the Division
  870  of Workers’ Compensation may result from records furnished to
  871  the Division of Workers’ Compensation by the persons or entities
  872  governed by this section or an investigation completed by the
  873  Division of Workers’ Compensation. The department shall notify
  874  the persons or entities governed by this section who have been
  875  determined to be in noncompliance with chapter 440, and the
  876  persons or entities notified shall provide certification of
  877  compliance with chapter 440 to the department and pay an
  878  administrative fine in the amount of $500. The failure to
  879  maintain workers’ compensation coverage as required by law shall
  880  be grounds for the board to revoke, suspend, or deny the
  881  issuance or renewal of a certificate or, registration, or
  882  certificate of authority of the contractor under the provisions
  883  of s. 489.129.
  884         Section 27. Paragraph (b) of subsection (4) of section
  885  489.115, Florida Statutes, is amended to read:
  886         489.115 Certification and registration; endorsement;
  887  reciprocity; renewals; continuing education.—
  888         (4)
  889         (b)1. Each certificateholder or registrant shall provide
  890  proof, in a form established by rule of the board, that the
  891  certificateholder or registrant has completed at least 14
  892  classroom hours of at least 50 minutes each of continuing
  893  education courses during each biennium since the issuance or
  894  renewal of the certificate or registration. The board shall
  895  establish by rule that a portion of the required 14 hours must
  896  deal with the subject of workers’ compensation, business
  897  practices, workplace safety, and, for applicable licensure
  898  categories, wind mitigation methodologies, and 1 hour of which
  899  must deal with laws and rules. The board shall by rule establish
  900  criteria for the approval of continuing education courses and
  901  providers, including requirements relating to the content of
  902  courses and standards for approval of providers, and may by rule
  903  establish criteria for accepting alternative nonclassroom
  904  continuing education on an hour-for-hour basis. The board shall
  905  prescribe by rule the continuing education, if any, which is
  906  required during the first biennium of initial licensure. A
  907  person who has been licensed for less than an entire biennium
  908  must not be required to complete the full 14 hours of continuing
  909  education.
  910         2. In addition, the board may approve specialized
  911  continuing education courses on compliance with the wind
  912  resistance provisions for one and two family dwellings contained
  913  in the Florida Building Code and any alternate methodologies for
  914  providing such wind resistance which have been approved for use
  915  by the Florida Building Commission. Division I
  916  certificateholders or registrants who demonstrate proficiency
  917  upon completion of such specialized courses may certify plans
  918  and specifications for one and two family dwellings to be in
  919  compliance with the code or alternate methodologies, as
  920  appropriate, except for dwellings located in floodways or
  921  coastal hazard areas as defined in ss. 60.3D and E of the
  922  National Flood Insurance Program.
  923         3.Each certificateholder or registrant shall provide to
  924  the board proof of completion of the core curriculum courses, or
  925  passing the equivalency test of the Building Code Training
  926  Program established under s. 553.841, specific to the licensing
  927  category sought, within 2 years after commencement of the
  928  program or of initial certification or registration, whichever
  929  is later. Classroom hours spent taking core curriculum courses
  930  shall count toward the number required for renewal of
  931  certificates or registration. A certificateholder or registrant
  932  who passes the equivalency test in lieu of taking the core
  933  curriculum courses shall receive full credit for core curriculum
  934  course hours.
  935         3.4. The board shall require, by rule adopted pursuant to
  936  ss. 120.536(1) and 120.54, a specified number of hours in
  937  specialized or advanced module courses, approved by the Florida
  938  Building Commission, on any portion of the Florida Building
  939  Code, adopted pursuant to part IV of chapter 553, relating to
  940  the contractor’s respective discipline.
  941         Section 28. Paragraph (a) of subsection (1) and subsections
  942  (4) and (5) of section 489.117, Florida Statutes, are amended to
  943  read:
  944         489.117 Registration; specialty contractors.—
  945         (1)(a) Any person engaged in the business of a contractor
  946  as defined in s. 489.105(3)(a)-(o) must in the state shall be
  947  registered in the proper classification, unless he or she is
  948  certified. Any person entering the business of a contractor
  949  shall be registered before prior to engaging in business as a
  950  contractor in this state, unless he or she is certified. To be
  951  initially registered, the applicant shall submit the required
  952  fee and file evidence, in a form provided by the department, of
  953  holding a current local occupational license required by any
  954  municipality, county, or development district, if any, for the
  955  type of work for which registration is desired and evidence of
  956  successful compliance with the local examination and licensing
  957  requirements, if any, in the area for which registration is
  958  desired. An No examination is not shall be required for
  959  registration.
  960         (4)(a) A person holding a local license whose job scope
  961  does not substantially correspond to either the job scope of one
  962  of the contractor categories defined in s. 489.105(3)(a)-(o), or
  963  the job scope of one of the certified specialty contractor
  964  categories previously established by board rule as of the
  965  effective date of this provision, is shall not be required to
  966  register with the board to perform contracting activities within
  967  the scope of such specialty license.
  968         (b)A local jurisdiction may require an individual holding
  969  a local specialty contractor license in a category which
  970  pursuant to paragraph (a) does not permit registration to obtain
  971  a tracking registration from the board, provided that the board
  972  has established by rule that the activities which comprise the
  973  job scope of the local specialty contractor license involve
  974  lifesafety considerations and a significant potential danger to
  975  the consumer.
  976         (b)(c) The local jurisdictions are shall be responsible for
  977  providing the following information to the board within 30 days
  978  after licensure of, or any disciplinary action against, a
  979  locally licensed contractor who is registered under this part:
  980         1. Licensure information.,
  981         2. Code violation information pursuant to s. 553.781., and
  982         3. Disciplinary information. on locally licensed
  983  individuals to the board within 30 days after licensure or any
  984  disciplinary action, and
  985  
  986  The board shall maintain such licensure and disciplinary
  987  information as it is provided to the board them, and shall make
  988  the such information available through the automated information
  989  system provided pursuant to s. 455.2286. The biennial tracking
  990  registration fee shall not exceed $40.
  991         (c)(d)Neither the board nor the department assumes any
  992  responsibility for providing discipline pursuant to having
  993  provided the tracking registration. Providing discipline to such
  994  locally licensed contractors is individuals shall be the
  995  responsibility of the local jurisdiction. Failure to obtain a
  996  tracking registration shall not be considered a violation of
  997  this chapter; however, a local jurisdiction requiring such
  998  tracking registration may levy such penalties for failure to
  999  obtain the tracking registration as it chooses to provide
 1000  through local ordinance.
 1001         (d)(e) Any person who is not required to obtain
 1002  registration or certification pursuant to s. 489.105(3)(d)-(o)
 1003  may perform specialty contracting services for the construction,
 1004  remodeling, repair, or improvement of single-family residences,
 1005  including a townhouse as defined in the Florida Building Code,
 1006  without obtaining a local professional license if such person is
 1007  under the supervision of a certified or registered general,
 1008  building, or residential contractor. As used in this paragraph,
 1009  supervision shall not be deemed to require the existence of a
 1010  direct contract between the certified or registered general,
 1011  building, or residential contractor and the person performing
 1012  specialty contracting services.
 1013         (5)In order to establish uniformity among the job scopes
 1014  established by local jurisdictions, the board shall, by rule,
 1015  establish the job scope for any licensure category registered by
 1016  the board under this part. The board shall not arbitrarily limit
 1017  such scopes and shall restrict the job scopes only to the
 1018  minimum extent necessary to ensure uniformity.
 1019         Section 29. Section 489.119, Florida Statutes, is amended
 1020  to read:
 1021         489.119 Business organizations; qualifying agents.—
 1022         (1) If an individual proposes to engage in contracting in
 1023  the individual’s own name, or a fictitious name where the
 1024  individual is doing business as a sole proprietorship,
 1025  registration or certification may be issued only to that
 1026  individual.
 1027         (2) If the applicant proposes to engage in contracting as a
 1028  business organization, including any partnership, corporation,
 1029  business trust, or other legal entity, or in any name other than
 1030  the applicant’s legal name or a fictitious name where the
 1031  applicant is doing business as a sole proprietorship, the
 1032  applicant business organization must apply for registration or
 1033  certification as the for a certificate of authority through a
 1034  qualifying agent of the business organization and under the
 1035  fictitious name, if any.
 1036         (a) An The application for registration or certification to
 1037  qualify a business organization a certificate of authority must
 1038  state the name of the partnership and of its partners; the name
 1039  of the corporation and of its officers and directors and the
 1040  name of each of its stockholders who is also an officer or
 1041  director; the name of the business trust and its trustees; or
 1042  the name of such other legal entity and its members; and must
 1043  state the fictitious name, if any, under which the business
 1044  organization is doing business.
 1045         (b)1. An The application for registration or certification
 1046  to qualify a business organization primary qualifying agent must
 1047  include an affidavit on a form provided by the board attesting
 1048  that the applicant has final approval authority for all
 1049  construction work performed by the business organization entity
 1050  and that the applicant has final approval authority on all
 1051  business matters, including contracts, specifications, checks,
 1052  drafts, or payments, regardless of the form of payment, made by
 1053  the business organization entity, except where a financially
 1054  responsible officer is approved.
 1055         2. The application for financially responsible officer must
 1056  include an affidavit on a form provided by the board attesting
 1057  that the applicant’s approval is required for all checks,
 1058  drafts, or payments, regardless of the form of payment, made by
 1059  the business organization entity and that the applicant has
 1060  authority to act for the business organization in all financial
 1061  matters.
 1062         3. The application for secondary qualifying agent must
 1063  include an affidavit on a form provided by the board attesting
 1064  that the applicant has authority to supervise all construction
 1065  work performed by the business organization entity as provided
 1066  in s. 489.1195(2).
 1067         (c)The board may deny an application for registration or
 1068  certification to qualify a business organization if the
 1069  applicant, or any person listed in paragraph (a), has been
 1070  involved in past disciplinary actions or on any grounds for
 1071  which an individual registration or certification may be denied.
 1072         (d)(b) The applicant must furnish evidence of statutory
 1073  compliance if a fictitious name is used, the provisions of s.
 1074  865.09(7) notwithstanding.
 1075         (e)(c) A joint venture, including a joint venture composed
 1076  of qualified business organizations, is itself a separate and
 1077  distinct organization that must be qualified and obtain a
 1078  certificate of authority in accordance with board rules.
 1079         (d)A certificate of authority must be renewed every 2
 1080  years. If there is a change in any information that is required
 1081  to be stated on the application, the business organization
 1082  shall, within 45 days after such change occurs, mail the correct
 1083  information to the department.
 1084         (3)(a) A The qualifying agent must shall be certified or
 1085  registered under this part in order for the business
 1086  organization to operate be issued a certificate of authority in
 1087  the category of contracting in the business conducted for which
 1088  the qualifying agent is certified or registered. If any
 1089  qualifying agent ceases to be affiliated with a such business
 1090  organization, he or she shall so inform the department. In
 1091  addition, if the such qualifying agent is the only certified or
 1092  registered contractor affiliated with the business organization,
 1093  the business organization shall notify the department of the
 1094  termination of the qualifying agent and shall have 60 days from
 1095  the termination of the qualifying agent’s affiliation with the
 1096  business organization in which to employ another qualifying
 1097  agent. The business organization may not engage in contracting
 1098  until a qualifying agent is employed, unless the executive
 1099  director or chair of the board has granted a temporary
 1100  nonrenewable certificate or registration to the financially
 1101  responsible officer, the president, a partner, or, in the case
 1102  of a limited partnership, the general partner, who assumes all
 1103  responsibilities of a primary qualifying agent for the business
 1104  organization entity. This temporary certificate or registration
 1105  shall only allow the business organization entity to proceed
 1106  with incomplete contracts. For the purposes of this paragraph,
 1107  an incomplete contract is one which has been awarded to, or
 1108  entered into by, the business organization prior to the
 1109  cessation of affiliation of the qualifying agent with the
 1110  business organization or one on which the business organization
 1111  was the low bidder and the contract is subsequently awarded,
 1112  regardless of whether any actual work has commenced under the
 1113  contract prior to the qualifying agent ceasing to be affiliated
 1114  with the business organization.
 1115         (b) The qualifying agent shall inform the department in
 1116  writing when he or she proposes to engage in contracting in his
 1117  or her own name or in affiliation with another business
 1118  organization, and he or she or such new business organization
 1119  shall supply the same information to the department as required
 1120  of applicants under this part.
 1121         (c)Upon a favorable determination by the board, after
 1122  investigation of the financial responsibility, credit, and
 1123  business reputation of the qualifying agent and the new business
 1124  organization, the department shall issue, without an
 1125  examination, a new certificate of authority in the business
 1126  organization’s name.
 1127         (4)Disciplinary action against a business organization
 1128  holding a certificate of authority shall be administered in the
 1129  same manner and on the same grounds as disciplinary action
 1130  against a contractor. The board may deny the certification of
 1131  any person cited in subsection (2) if the person has been
 1132  involved in past disciplinary actions or on any grounds for
 1133  which individual certification can be denied.
 1134         (4)(5) When a certified qualifying agent, on behalf of a
 1135  business organization, makes application for a business tax
 1136  receipt an occupational license in any municipality or county of
 1137  this state, the application shall be made with the tax collector
 1138  in the name of the business organization and the qualifying
 1139  agent; and the license, when issued, shall be issued to the
 1140  business organization, upon payment of the appropriate licensing
 1141  fee and exhibition to the tax collector of a valid certificate
 1142  for the qualifying agent and a valid certificate of authority
 1143  for the business organization issued by the department, and the
 1144  state license numbers shall be noted thereon.
 1145         (5)(6)(a) Each registered or certified contractor shall
 1146  affix the number of his or her registration or certification to
 1147  each application for a building permit and on each building
 1148  permit issued and recorded. Each city or county building
 1149  department shall require, as a precondition for the issuance of
 1150  the building permit, that the contractor taking out the permit
 1151  must provide verification giving his or her Construction
 1152  Industry Licensing Board registration or certification number.
 1153         (b) The registration or certification number of each
 1154  contractor or certificate of authority number for each business
 1155  organization shall appear in each offer of services, business
 1156  proposal, bid, contract, or advertisement, regardless of medium,
 1157  as defined by board rule, used by that contractor or business
 1158  organization in the practice of contracting.
 1159         (c) If a vehicle bears the name of a contractor or business
 1160  organization, or any text or artwork which would lead a
 1161  reasonable person to believe that the vehicle is used for
 1162  contracting, the registration or certification number of the
 1163  contractor or certificate of authority number of the business
 1164  organization must be conspicuously and legibly displayed with
 1165  the name, text, or artwork. Local governments may also require
 1166  that locally licensed contractors must also display their
 1167  certificate of competency or license numbers. Nothing in this
 1168  paragraph shall be construed to create a mandatory vehicle
 1169  signage requirement.
 1170         (d) For the purposes of this part, the term “advertisement”
 1171  does not include business stationery or any promotional
 1172  novelties such as balloons, pencils, trinkets, or articles of
 1173  clothing.
 1174         (e) The board shall issue a notice of noncompliance for the
 1175  first offense, and may assess a fine or issue a citation for
 1176  failure to correct the offense within 30 days or for any
 1177  subsequent offense, to any contractor or business organization
 1178  that fails to include the certification or, registration, or
 1179  certificate of authority number as required by this part when
 1180  submitting an advertisement for publication, broadcast, or
 1181  printing or fails to display the certification or, registration,
 1182  or certificate of authority number as required by this part.
 1183         (f)In addition to any other penalty prescribed by law, a
 1184  local government may impose a civil fine pursuant to s.
 1185  489.127(5) against a person who is not certified or registered
 1186  under this part if the person:
 1187         1.Claims to be licensed in any offer of services, business
 1188  proposal, bid, contract, or advertisement, but who does not
 1189  possess a valid competency-based license issued by a local
 1190  government in this state to perform the specified construction
 1191  services; or
 1192         2.Claims to be insured in any offer of services, business
 1193  proposal, bid, contract, or advertisement, but whose performance
 1194  of the subject work is not covered by a general liability or
 1195  workers’ compensation insurance policy.
 1196         (6)(7) Each qualifying agent shall pay the department an
 1197  amount equal to the original fee for registration or
 1198  certification to qualify a certificate of authority of a new
 1199  business organization. If the qualifying agent for a business
 1200  organization desires to qualify additional business
 1201  organizations, the board shall require the qualifying agent him
 1202  or her to present evidence of his or her ability to supervise
 1203  the construction activities and financial responsibility of each
 1204  such organization. Approval of each business organization The
 1205  issuance of such certificate of authority is discretionary with
 1206  the board.
 1207         (7)(8)(a) A business organization proposing to engage in
 1208  contracting is not required to apply for or obtain authorization
 1209  under this part to engage in contracting if:
 1210         1. The business organization employs one or more registered
 1211  or certified contractors licensed in accordance with this part
 1212  who are responsible for obtaining permits and supervising all of
 1213  the business organization’s contracting activities;
 1214         2. The business organization engages only in contracting on
 1215  property owned by the business organization or by its parent,
 1216  subsidiary, or affiliated entities; and
 1217         3. The business organization, or its parent entity if the
 1218  business organization is a wholly owned subsidiary, maintains a
 1219  minimum net worth of $20 million.
 1220         (b) Any business organization engaging in contracting under
 1221  this subsection shall provide the board with the name and
 1222  license number of each registered or certified contractor
 1223  employed by the business organization to supervise its
 1224  contracting activities. The business organization is not
 1225  required to post a bond or otherwise evidence any financial or
 1226  credit information except as necessary to demonstrate compliance
 1227  with paragraph (a).
 1228         (c) A registered or certified contractor employed by a
 1229  business organization to supervise its contracting activities
 1230  under this subsection shall not be required to post a bond or
 1231  otherwise evidence any personal financial or credit information
 1232  so long as the individual performs contracting activities
 1233  exclusively on behalf of a business organization meeting all of
 1234  the requirements of paragraph (a).
 1235         Section 30. Subsection (1) of section 489.127, Florida
 1236  Statutes, is amended to read:
 1237         489.127 Prohibitions; penalties.—
 1238         (1) No person shall:
 1239         (a) Falsely hold himself or herself or a business
 1240  organization out as a licensee, certificateholder, or
 1241  registrant;
 1242         (b) Falsely impersonate a certificateholder or registrant;
 1243         (c) Present as his or her own the certificate or,
 1244  registration, or certificate of authority of another;
 1245         (d) Knowingly give false or forged evidence to the board or
 1246  a member thereof;
 1247         (e) Use or attempt to use a certificate or, registration
 1248  that, or certificate of authority which has been suspended or
 1249  revoked;
 1250         (f) Engage in the business or act in the capacity of a
 1251  contractor or advertise himself or herself or a business
 1252  organization as available to engage in the business or act in
 1253  the capacity of a contractor without being duly registered or
 1254  certified or having a certificate of authority;
 1255         (g) Operate a business organization engaged in contracting
 1256  after 60 days following the termination of its only qualifying
 1257  agent without designating another primary qualifying agent,
 1258  except as provided in ss. 489.119 and 489.1195;
 1259         (h) Commence or perform work for which a building permit is
 1260  required pursuant to part IV of chapter 553 without such
 1261  building permit being in effect; or
 1262         (i) Willfully or deliberately disregard or violate any
 1263  municipal or county ordinance relating to uncertified or
 1264  unregistered contractors.
 1265  
 1266  For purposes of this subsection, a person or business
 1267  organization operating on an inactive or suspended certificate
 1268  or, registration, or certificate of authority is not duly
 1269  certified or registered and is considered unlicensed. A business
 1270  tax receipt issued under the authority of chapter 205 is not a
 1271  license for purposes of this part.
 1272         Section 31. Paragraph (b) of subsection (1) of section
 1273  489.128, Florida Statutes, is amended to read:
 1274         489.128 Contracts entered into by unlicensed contractors
 1275  unenforceable.—
 1276         (1) As a matter of public policy, contracts entered into on
 1277  or after October 1, 1990, by an unlicensed contractor shall be
 1278  unenforceable in law or in equity by the unlicensed contractor.
 1279         (b) For purposes of this section, an individual or business
 1280  organization may not be considered unlicensed for failing to
 1281  have a business tax receipt issued under the authority of
 1282  chapter 205. A business organization may not be considered
 1283  unlicensed for failing to have a certificate of authority as
 1284  required by ss. 489.119 and 489.127. For purposes of this
 1285  section, a business organization entering into the contract may
 1286  not be considered unlicensed if, before the date established by
 1287  paragraph (c), an individual possessing a license required by
 1288  this part concerning the scope of the work to be performed under
 1289  the contract has submitted an application for a certificate of
 1290  authority designating that individual as a qualifying agent for
 1291  the business organization entering into the contract, and the
 1292  application was not acted upon by the department or applicable
 1293  board within the time limitations imposed by s. 120.60.
 1294         Section 32. Subsections (1), (5), and (7) of section
 1295  489.129, Florida Statutes, are amended to read:
 1296         489.129 Disciplinary proceedings.—
 1297         (1) The board may take any of the following actions against
 1298  any certificateholder or registrant: place on probation or
 1299  reprimand the licensee, revoke, suspend, or deny the issuance or
 1300  renewal of the certificate or, registration, or certificate of
 1301  authority, require financial restitution to a consumer for
 1302  financial harm directly related to a violation of a provision of
 1303  this part, impose an administrative fine not to exceed $10,000
 1304  per violation, require continuing education, or assess costs
 1305  associated with investigation and prosecution, if the
 1306  contractor, financially responsible officer, or business
 1307  organization for which the contractor is a primary qualifying
 1308  agent, a financially responsible officer, or a secondary
 1309  qualifying agent responsible under s. 489.1195 is found guilty
 1310  of any of the following acts:
 1311         (a) Obtaining a certificate or, registration, or
 1312  certificate of authority by fraud or misrepresentation.
 1313         (b) Being convicted or found guilty of, or entering a plea
 1314  of nolo contendere to, regardless of adjudication, a crime in
 1315  any jurisdiction which directly relates to the practice of
 1316  contracting or the ability to practice contracting.
 1317         (c) Violating any provision of chapter 455.
 1318         (d) Performing any act which assists a person or entity in
 1319  engaging in the prohibited uncertified and unregistered practice
 1320  of contracting, if the certificateholder or registrant knows or
 1321  has reasonable grounds to know that the person or entity was
 1322  uncertified and unregistered.
 1323         (e) Knowingly combining or conspiring with an uncertified
 1324  or unregistered person by allowing his or her certificate or,
 1325  registration, or certificate of authority to be used by the
 1326  uncertified or unregistered person with intent to evade the
 1327  provisions of this part. When a certificateholder or registrant
 1328  allows his or her certificate or registration to be used by one
 1329  or more business organizations without having any active
 1330  participation in the operations, management, or control of such
 1331  business organizations, such act constitutes prima facie
 1332  evidence of an intent to evade the provisions of this part.
 1333         (f) Acting in the capacity of a contractor under any
 1334  certificate or registration issued hereunder except in the name
 1335  of the certificateholder or registrant as set forth on the
 1336  issued certificate or registration, or in accordance with the
 1337  personnel of the certificateholder or registrant as set forth in
 1338  the application for the certificate or registration, or as later
 1339  changed as provided in this part.
 1340         (g) Committing mismanagement or misconduct in the practice
 1341  of contracting that causes financial harm to a customer.
 1342  Financial mismanagement or misconduct occurs when:
 1343         1. Valid liens have been recorded against the property of a
 1344  contractor’s customer for supplies or services ordered by the
 1345  contractor for the customer’s job; the contractor has received
 1346  funds from the customer to pay for the supplies or services; and
 1347  the contractor has not had the liens removed from the property,
 1348  by payment or by bond, within 75 days after the date of such
 1349  liens;
 1350         2. The contractor has abandoned a customer’s job and the
 1351  percentage of completion is less than the percentage of the
 1352  total contract price paid to the contractor as of the time of
 1353  abandonment, unless the contractor is entitled to retain such
 1354  funds under the terms of the contract or refunds the excess
 1355  funds within 30 days after the date the job is abandoned; or
 1356         3. The contractor’s job has been completed, and it is shown
 1357  that the customer has had to pay more for the contracted job
 1358  than the original contract price, as adjusted for subsequent
 1359  change orders, unless such increase in cost was the result of
 1360  circumstances beyond the control of the contractor, was the
 1361  result of circumstances caused by the customer, or was otherwise
 1362  permitted by the terms of the contract between the contractor
 1363  and the customer.
 1364         (h) Being disciplined by any municipality or county for an
 1365  act or violation of this part.
 1366         (i) Failing in any material respect to comply with the
 1367  provisions of this part or violating a rule or lawful order of
 1368  the board.
 1369         (j) Abandoning a construction project in which the
 1370  contractor is engaged or under contract as a contractor. A
 1371  project may be presumed abandoned after 90 days if the
 1372  contractor terminates the project without just cause or without
 1373  proper notification to the owner, including the reason for
 1374  termination, or fails to perform work without just cause for 90
 1375  consecutive days.
 1376         (k) Signing a statement with respect to a project or
 1377  contract falsely indicating that the work is bonded; falsely
 1378  indicating that payment has been made for all subcontracted
 1379  work, labor, and materials which results in a financial loss to
 1380  the owner, purchaser, or contractor; or falsely indicating that
 1381  workers’ compensation and public liability insurance are
 1382  provided.
 1383         (l) Committing fraud or deceit in the practice of
 1384  contracting.
 1385         (m) Committing incompetency or misconduct in the practice
 1386  of contracting.
 1387         (n) Committing gross negligence, repeated negligence, or
 1388  negligence resulting in a significant danger to life or
 1389  property.
 1390         (o) Proceeding on any job without obtaining applicable
 1391  local building department permits and inspections.
 1392         (p) Intimidating, threatening, coercing, or otherwise
 1393  discouraging the service of a notice to owner under part I of
 1394  chapter 713 or a notice to contractor under chapter 255 or part
 1395  I of chapter 713.
 1396         (q) Failing to satisfy within a reasonable time, the terms
 1397  of a civil judgment obtained against the licensee, or the
 1398  business organization qualified by the licensee, relating to the
 1399  practice of the licensee’s profession.
 1400  
 1401  For the purposes of this subsection, construction is considered
 1402  to be commenced when the contract is executed and the contractor
 1403  has accepted funds from the customer or lender. A contractor
 1404  does not commit a violation of this subsection when the
 1405  contractor relies on a building code interpretation rendered by
 1406  a building official or person authorized by s. 553.80 to enforce
 1407  the building code, absent a finding of fraud or deceit in the
 1408  practice of contracting, or gross negligence, repeated
 1409  negligence, or negligence resulting in a significant danger to
 1410  life or property on the part of the building official, in a
 1411  proceeding under chapter 120.
 1412         (5) The board may not reinstate the certification or,
 1413  registration, or certificate of authority of, or cause a
 1414  certificate or, registration, or certificate of authority to be
 1415  issued to, a person who or business organization which the board
 1416  has determined is unqualified or whose certificate or,
 1417  registration, or certificate of authority the board has
 1418  suspended until it is satisfied that such person or business
 1419  organization has complied with all the terms and conditions set
 1420  forth in the final order and is capable of competently engaging
 1421  in the business of contracting.
 1422         (7) The board shall not issue or renew a certificate or,
 1423  registration, or certificate of authority to any person or
 1424  business organization that has been assessed a fine, interest,
 1425  or costs associated with investigation and prosecution, or has
 1426  been ordered to pay restitution, until such fine, interest, or
 1427  costs associated with investigation and prosecution or
 1428  restitution are paid in full or until all terms and conditions
 1429  of the final order have been satisfied.
 1430         Section 33. Subsection (5) of section 489.132, Florida
 1431  Statutes, is amended to read:
 1432         489.132 Prohibited acts by unlicensed principals;
 1433  investigation; hearing; penalties.—
 1434         (5) The department may suspend, revoke, or deny issuance or
 1435  renewal of a certificate or, registration, or certificate of
 1436  authority for any individual or business organization that
 1437  associates a person as an officer, director, or partner, or in a
 1438  managerial or supervisory capacity, after such person has been
 1439  found under a final order to have violated this section or was
 1440  an officer, director, partner, trustee, or manager of a business
 1441  organization disciplined by the board by revocation, suspension,
 1442  or fine in excess of $2,500, upon finding reasonable cause that
 1443  such person knew or reasonably should have known of the conduct
 1444  leading to the discipline.
 1445         Section 34. Subsection (1) of section 489.1455, Florida
 1446  Statutes, is amended to read:
 1447         489.1455 Journeyman; reciprocity; standards.—
 1448         (1) An individual who holds a valid, active journeyman
 1449  license in the plumbing/pipe fitting, mechanical, or HVAC trades
 1450  issued by any county or municipality in this state may work as a
 1451  journeyman in the trade in which he or she is licensed in any
 1452  county or municipality of this state without taking an
 1453  additional examination or paying an additional license fee, if
 1454  he or she:
 1455         (a) Has scored at least 70 percent, or after October 1,
 1456  1997, at least 75 percent, on a proctored journeyman Block and
 1457  Associates examination or other proctored examination approved
 1458  by the board for the trade in which he or she is licensed;
 1459         (b) Has completed an apprenticeship program registered with
 1460  the Department of Labor and Employment Security and demonstrates
 1461  4 years’ verifiable practical experience in the trade for which
 1462  he or she is licensed, or demonstrates 6 years’ verifiable
 1463  practical experience in the trade for which he or she is
 1464  licensed;
 1465         (c) Has satisfactorily completed specialized and advanced
 1466  module coursework approved by the Florida Building Commission,
 1467  as part of the Building Code Training Program established in s.
 1468  553.841, specific to the discipline, and successfully completed
 1469  the program’s core curriculum courses or passed an equivalency
 1470  test in lieu of taking the core curriculum courses and provided
 1471  proof of completion of such curriculum courses or examination
 1472  and obtained a certificate from the board pursuant to this part
 1473  or, pursuant to authorization by the certifying authority,
 1474  provides proof of completion of such curriculum or coursework
 1475  within 6 months after such certification; and
 1476         (d) Has not had a license suspended or revoked within the
 1477  last 5 years.
 1478         Section 35. Subsection (19) of section 489.505, Florida
 1479  Statutes, is amended to read:
 1480         489.505 Definitions.—As used in this part:
 1481         (19) “Specialty contractor” means a contractor whose scope
 1482  of practice is limited to a specific segment of electrical or
 1483  alarm system contracting established in a category adopted by
 1484  board rule, including, but not limited to, residential
 1485  electrical contracting, maintenance of electrical fixtures, and
 1486  fabrication, erection, installation, and maintenance of
 1487  electrical advertising signs together with the interrelated
 1488  parts and supports thereof. Categories of specialty contractor
 1489  shall be established by board rule.
 1490         Section 36. Subsections (5), (6), and (7) of section
 1491  489.513, Florida Statutes, are amended to read:
 1492         489.513 Registration; application; requirements.—
 1493         (5) Registration permits the registrant to engage in
 1494  contracting only in the area and for the type of work covered by
 1495  the registration, unless local licenses are issued for other
 1496  areas and types of work or unless certification is obtained.
 1497  When a registrant desires to register in an additional area of
 1498  the state, he or she shall first comply with any local
 1499  requirements of that area and then file a request with the
 1500  department, together with evidence of holding a current
 1501  occupational license or license issued by the county or
 1502  municipality for the area or areas in which he or she desires to
 1503  be registered, whereupon his or her evidence of registration
 1504  shall be endorsed by the department to reflect valid
 1505  registration for the new area or areas.
 1506         (6) The local jurisdictions are shall be responsible for
 1507  providing the following information to the board within 30 days
 1508  after licensure of, or any disciplinary action against, a
 1509  locally licensed contractor who is registered under this part:
 1510         (a) Licensure information.,
 1511         (b) Code violation information pursuant to s. 553.781., and
 1512         (c) Disciplinary information. on locally licensed
 1513  individuals to the board within 30 days after licensure or any
 1514  disciplinary action, and
 1515  
 1516  The board shall maintain such licensure and disciplinary
 1517  information as it is provided to the board them, and shall make
 1518  the such information available through the automated information
 1519  system provided pursuant to s. 455.2286.
 1520         (7)In order to establish uniformity among the job scopes
 1521  established by local jurisdictions, the board shall, by rule,
 1522  establish the job scope for any licensure category registered by
 1523  the board under this part. The board shall not arbitrarily limit
 1524  such scopes and shall restrict the job scopes only to the
 1525  minimum extent necessary to ensure uniformity.
 1526         Section 37. Subsection (3) of section 489.516, Florida
 1527  Statutes, is amended to read:
 1528         489.516 Qualifications to practice; restrictions;
 1529  prerequisites.—
 1530         (3) When a certificateholder desires to engage in
 1531  contracting in any area of the state, as a prerequisite
 1532  therefor, he or she shall only be required to exhibit to the
 1533  local building official, tax collector, or other authorized
 1534  person in charge of the issuance of licenses and building or
 1535  electrical permits in the area evidence of holding a current
 1536  certificate and a current business tax receipt issued by the
 1537  jurisdiction in which the certificateholder’s principal place of
 1538  business is located, and having paid to pay the fee for the
 1539  occupational license and permit required of other persons.
 1540  However, a local construction regulation board may deny the
 1541  issuance of an electrical permit to a certified contractor, or
 1542  issue a permit with specific conditions, if the local
 1543  construction regulation board has found such contractor, through
 1544  the public hearing process, to be guilty of fraud or a willful
 1545  building code violation within the county or municipality that
 1546  the local construction regulation board represents, or if the
 1547  local construction regulation board has proof that such
 1548  contractor, through the public hearing process, has been found
 1549  guilty, in another county or municipality within the past 12
 1550  months, of fraud or a willful building code violation and finds,
 1551  after providing notice to the contractor, that such fraud or
 1552  violation would have been fraud or a violation if committed in
 1553  the county or municipality that the local construction board
 1554  represents. Notification of and information concerning such
 1555  permit denial shall be submitted to the Department of Business
 1556  and Professional Regulation within 15 days after the local
 1557  construction regulation board decides to deny the permit.
 1558         Section 38. Subsection (3) of section 489.517, Florida
 1559  Statutes, is amended to read:
 1560         489.517 Renewal of certificate or registration; continuing
 1561  education.—
 1562         (3)(a) Each certificateholder or registrant shall provide
 1563  proof, in a form established by rule of the board, that the
 1564  certificateholder or registrant has completed at least 14
 1565  classroom hours of at least 50 minutes each of continuing
 1566  education courses during each biennium since the issuance or
 1567  renewal of the certificate or registration. The board shall by
 1568  rule establish criteria for the approval of continuing education
 1569  courses and providers and may by rule establish criteria for
 1570  accepting alternative nonclassroom continuing education on an
 1571  hour-for-hour basis.
 1572         (b)Each certificateholder or registrant shall provide to
 1573  the board proof of completion of the core curriculum courses or
 1574  passing the equivalency test of the Building Code Training
 1575  Program established under s. 553.841, specific to the licensing
 1576  category sought, within 2 years after commencement of the
 1577  program or of initial certification or registration, whichever
 1578  is later. Classroom hours spent taking core curriculum courses
 1579  shall count toward the number required for renewal of
 1580  certificate or registration. A certificateholder or registrant
 1581  who passes the equivalency test in lieu of taking the core
 1582  curriculum courses shall receive full credit for core curriculum
 1583  course hours.
 1584         Section 39. Subsection (6) of section 489.521, Florida
 1585  Statutes, is amended to read:
 1586         489.521 Business organizations; qualifying agents.—
 1587         (6) When a business organization qualified to engage in
 1588  contracting makes application for a business tax receipt an
 1589  occupational license in any municipality or county of this
 1590  state, the application shall be made with the tax collector in
 1591  the name of the business organization, and the business tax
 1592  receipt license, when issued, shall be issued to the business
 1593  organization upon payment of the appropriate licensing fee and
 1594  exhibition to the tax collector of a valid certificate issued by
 1595  the department.
 1596         Section 40. Section 489.5315, Florida Statutes, is amended
 1597  to read:
 1598         489.5315 Proprietary electrical or alarm contractors.
 1599  Businesses that obtain an electrical or burglar alarm system
 1600  license to work only on their own equipment, and that do not
 1601  offer electrical or alarm contracting services to the public,
 1602  are not electrical or burglar alarm system contracting
 1603  businesses and do not have to obtain a business tax receipt an
 1604  occupational license in addition to any they are otherwise
 1605  required to have.
 1606         Section 41. Effective upon this act becoming a law,
 1607  paragraph (a) of subsection (1) of section 489.532, Florida
 1608  Statutes, is amended to read:
 1609         489.532 Contracts entered into by unlicensed contractors
 1610  unenforceable.—
 1611         (1) As a matter of public policy, contracts entered into on
 1612  or after October 1, 1990, by an unlicensed contractor shall be
 1613  unenforceable in law or in equity by the unlicensed contractor.
 1614         (a) For purposes of this section, an individual is
 1615  unlicensed if the individual does not have a license required by
 1616  this part concerning the scope of the work to be performed under
 1617  the contract. A business organization is unlicensed if the
 1618  business organization does not have a primary or secondary
 1619  qualifying agent in accordance with this part concerning the
 1620  scope of the work to be performed under the contract. For
 1621  purposes of this section, if a no state or local license is not
 1622  required for the scope of work to be performed under the
 1623  contract, the individual performing that work is shall not be
 1624  considered unlicensed.
 1625         Section 42. Paragraph (b) of subsection (3) of section
 1626  489.537, Florida Statutes, is amended to read:
 1627         489.537 Application of this part.—
 1628         (3) Nothing in this act limits the power of a municipality
 1629  or county:
 1630         (b) To collect fees for business tax receipts occupational
 1631  licenses and inspections for engaging in contracting or
 1632  examination fees from persons who are registered with the local
 1633  boards pursuant to local examination requirements.
 1634         Section 43. Section 509.233, Florida Statutes, is amended
 1635  to read:
 1636         509.233 Public food service establishment requirements;
 1637  local exemption for dogs in designated outdoor portions; pilot
 1638  program.—
 1639         (1)INTENT.—It is the intent of the Legislature by this
 1640  section to establish a 3-year pilot program for local
 1641  governments to allow patrons’ dogs within certain designated
 1642  outdoor portions of public food service establishments.
 1643         (1)(2) LOCAL EXEMPTION AUTHORIZED.—Notwithstanding s.
 1644  509.032(7), the governing body of a local government may
 1645  participating in the pilot program is authorized to establish,
 1646  by ordinance, a local exemption procedure to certain provisions
 1647  of the Food and Drug Administration Food Code, as currently
 1648  adopted by the division, in order to allow patrons’ dogs within
 1649  certain designated outdoor portions of public food service
 1650  establishments.
 1651         (2)(3) LOCAL DISCRETION; CODIFICATION.—
 1652         (a) The adoption of the local exemption procedure shall be
 1653  at the sole discretion of the governing body of a participating
 1654  local government. Nothing in this section shall be construed to
 1655  require or compel a local governing body to adopt an ordinance
 1656  pursuant to this section.
 1657         (b) Any ordinance adopted pursuant to this section shall
 1658  provide for codification within the land development code of a
 1659  participating local government.
 1660         (3)(4) LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.—
 1661         (a) Any local exemption procedure adopted pursuant to this
 1662  section shall only provide a variance to those portions of the
 1663  currently adopted Food and Drug Administration Food Code in
 1664  order to allow patrons’ dogs within certain designated outdoor
 1665  portions of public food service establishments.
 1666         (b) In order to protect the health, safety, and general
 1667  welfare of the public, the local exemption procedure shall
 1668  require participating public food service establishments to
 1669  apply for and receive a permit from the governing body of the
 1670  local government before allowing patrons’ dogs on their
 1671  premises. The local government shall require from the applicant
 1672  such information as the local government deems reasonably
 1673  necessary to enforce the provisions of this section, but shall
 1674  require, at a minimum, the following information:
 1675         1. The name, location, and mailing address of the public
 1676  food service establishment.
 1677         2. The name, mailing address, and telephone contact
 1678  information of the permit applicant.
 1679         3. A diagram and description of the outdoor area to be
 1680  designated as available to patrons’ dogs, including dimensions
 1681  of the designated area; a depiction of the number and placement
 1682  of tables, chairs, and restaurant equipment, if any; the
 1683  entryways and exits to the designated outdoor area; the
 1684  boundaries of the designated area and of other areas of outdoor
 1685  dining not available for patrons’ dogs; any fences or other
 1686  barriers; surrounding property lines and public rights-of-way,
 1687  including sidewalks and common pathways; and such other
 1688  information reasonably required by the permitting authority. The
 1689  diagram or plan shall be accurate and to scale but need not be
 1690  prepared by a licensed design professional.
 1691         4. A description of the days of the week and hours of
 1692  operation that patrons’ dogs will be permitted in the designated
 1693  outdoor area.
 1694         (c) In order to protect the health, safety, and general
 1695  welfare of the public, the local exemption ordinance shall
 1696  include such regulations and limitations as deemed necessary by
 1697  the participating local government and shall include, but not be
 1698  limited to, the following requirements:
 1699         1. All public food service establishment employees shall
 1700  wash their hands promptly after touching, petting, or otherwise
 1701  handling dogs. Employees shall be prohibited from touching,
 1702  petting, or otherwise handling dogs while serving food or
 1703  beverages or handling tableware or before entering other parts
 1704  of the public food service establishment.
 1705         2. Patrons in a designated outdoor area shall be advised
 1706  that they should wash their hands before eating. Waterless hand
 1707  sanitizer shall be provided at all tables in the designated
 1708  outdoor area.
 1709         3. Employees and patrons shall be instructed that they
 1710  shall not allow dogs to come into contact with serving dishes,
 1711  utensils, tableware, linens, paper products, or any other items
 1712  involved in food service operations.
 1713         4. Patrons shall keep their dogs on a leash at all times
 1714  and shall keep their dogs under reasonable control.
 1715         5. Dogs shall not be allowed on chairs, tables, or other
 1716  furnishings.
 1717         6. All table and chair surfaces shall be cleaned and
 1718  sanitized with an approved product between seating of patrons.
 1719  Spilled food and drink shall be removed from the floor or ground
 1720  between seating of patrons.
 1721         7. Accidents involving dog waste shall be cleaned
 1722  immediately and the area sanitized with an approved product. A
 1723  kit with the appropriate materials for this purpose shall be
 1724  kept near the designated outdoor area.
 1725         8. A sign or signs reminding employees of the applicable
 1726  rules shall be posted on premises in a manner and place as
 1727  determined by the local permitting authority.
 1728         9. A sign or signs reminding patrons of the applicable
 1729  rules shall be posted on premises in a manner and place as
 1730  determined by the local permitting authority.
 1731         10. A sign or signs shall be posted in a manner and place
 1732  as determined by the local permitting authority that places the
 1733  public on notice that the designated outdoor area is available
 1734  for the use of patrons and patrons’ dogs.
 1735         11. Dogs shall not be permitted to travel through indoor or
 1736  nondesignated outdoor portions of the public food service
 1737  establishment, and ingress and egress to the designated outdoor
 1738  portions of the public food service establishment must not
 1739  require entrance into or passage through any indoor area of the
 1740  food establishment.
 1741         (d) A permit issued pursuant to this section shall not be
 1742  transferred to a subsequent owner upon the sale of a public food
 1743  service establishment but shall expire automatically upon the
 1744  sale of the establishment. The subsequent owner shall be
 1745  required to reapply for a permit pursuant to this section if the
 1746  subsequent owner wishes to continue to accommodate patrons’
 1747  dogs.
 1748         (4)(5) POWERS; ENFORCEMENT.—Participating local governments
 1749  shall have such powers as are reasonably necessary to regulate
 1750  and enforce the provisions of this section.
 1751         (5)(6) STATE AND LOCAL COOPERATION.—The division shall
 1752  provide reasonable assistance to participating local governments
 1753  in the development of enforcement procedures and regulations,
 1754  and participating local governments shall monitor permitholders
 1755  for compliance in cooperation with the division. At a minimum,
 1756  participating local governments shall establish a procedure to
 1757  accept, document, and respond to complaints and to timely report
 1758  to the division all such complaints and the participating local
 1759  governments’ enforcement responses to such complaints. A
 1760  participating local government shall provide the division with a
 1761  copy of all approved applications and permits issued, and the
 1762  participating local government shall require that all
 1763  applications, permits, and other related materials contain the
 1764  appropriate division-issued license number for each public food
 1765  service establishment.
 1766         (7)FUTURE REVIEW AND REPEAL.—This section shall expire
 1767  July 1, 2009, unless reviewed and saved from repeal through
 1768  reenactment by the Legislature.
 1769         Section 44. Subsections (8) through (22) of section
 1770  548.002, Florida Statutes, are renumbered as subsections (9)
 1771  through (23), respectively, and a new subsection (8) is added to
 1772  that section, to read:
 1773         548.002 Definitions.—As used in this chapter, the term:
 1774         (8)“Event” means one or more matches comprising a show.
 1775         Section 45. Paragraph (k) of subsection (2) of section
 1776  548.003, Florida Statutes, is amended to read:
 1777         548.003 Florida State Boxing Commission.—
 1778         (2) The Florida State Boxing Commission, as created by
 1779  subsection (1), shall administer the provisions of this chapter.
 1780  The commission has authority to adopt rules pursuant to ss.
 1781  120.536(1) and 120.54 to implement the provisions of this
 1782  chapter and to implement each of the duties and responsibilities
 1783  conferred upon the commission, including, but not limited to:
 1784         (k) Establishment of criteria for approval, disapproval,
 1785  suspension of approval, and revocation of approval of amateur
 1786  sanctioning organizations for amateur boxing, and kickboxing,
 1787  and mixed martial arts matches held in this state, including,
 1788  but not limited to, the health and safety standards the
 1789  organizations use before, during, and after the matches to
 1790  ensure the health, safety, and well-being of the amateurs
 1791  participating in the matches, including the qualifications and
 1792  numbers of health care personnel required to be present, the
 1793  qualifications required for referees, and other requirements
 1794  relating to the health, safety, and well-being of the amateurs
 1795  participating in the matches. The commission may adopt by rule,
 1796  or incorporate by reference into rule, the health and safety
 1797  standards of USA Boxing as the minimum health and safety
 1798  standards for an amateur boxing sanctioning organization, and
 1799  the health and safety standards of the International Sport
 1800  Kickboxing Association as the minimum health and safety
 1801  standards for an amateur kickboxing sanctioning organization,
 1802  and the minimum health and safety standards for an amateur mixed
 1803  martial arts sanctioning organization. The commission shall
 1804  review its rules for necessary revision at least every 2 years
 1805  and may adopt by rule, or incorporate by reference into rule,
 1806  the then-existing current health and safety standards of USA
 1807  Boxing and the International Sport Kickboxing Association. The
 1808  commission may adopt emergency rules to administer this
 1809  paragraph.
 1810         Section 46. For the purpose of incorporating the amendment
 1811  made by this act to subsection (1) of section 455.227, Florida
 1812  Statutes, in a reference thereto, paragraph (a) of subsection
 1813  (2) of section 468.436, Florida Statutes, is reenacted to read:
 1814         468.436 Disciplinary proceedings.—
 1815         (2) The following acts constitute grounds for which the
 1816  disciplinary actions in subsection (4) may be taken:
 1817         (a) Violation of any provision of s. 455.227(1).
 1818         Section 47. For the purpose of incorporating the amendment
 1819  made by this act to subsection (1) of section 455.227, Florida
 1820  Statutes, in a reference thereto, paragraph (a) of subsection
 1821  (1) of section 468.832, Florida Statutes, is reenacted to read:
 1822         468.832 Disciplinary proceedings.—
 1823         (1) The following acts constitute grounds for which the
 1824  disciplinary actions in subsection (2) may be taken:
 1825         (a) Violation of any provision of this part or s.
 1826  455.227(1);
 1827         Section 48. For the purpose of incorporating the amendment
 1828  made by this act to subsection (1) of section 455.227, Florida
 1829  Statutes, in a reference thereto, paragraph (a) of subsection
 1830  (1) of section 468.842, Florida Statutes, is reenacted to read:
 1831         468.842 Disciplinary proceedings.—
 1832         (1) The following acts constitute grounds for which the
 1833  disciplinary actions in subsection (2) may be taken:
 1834         (a) Violation of any provision of this part or s.
 1835  455.227(1);
 1836         Section 49. For the purpose of incorporating the amendment
 1837  made by this act to subsection (1) of section 455.227, Florida
 1838  Statutes, in a reference thereto, paragraph (a) of subsection
 1839  (1) of section 471.033, Florida Statutes, is reenacted to read:
 1840         471.033 Disciplinary proceedings.—
 1841         (1) The following acts constitute grounds for which the
 1842  disciplinary actions in subsection (3) may be taken:
 1843         (a) Violating any provision of s. 455.227(1), s. 471.025,
 1844  or s. 471.031, or any other provision of this chapter or rule of
 1845  the board or department.
 1846         Section 50. For the purpose of incorporating the amendment
 1847  made by this act to section (1) of section 455.227, Florida
 1848  Statutes, in a reference thereto, paragraph (a) of subsection
 1849  (1) of section 472.033, Florida Statutes, is reenacted to read:
 1850         472.033 Disciplinary proceedings.—
 1851         (1) The following acts constitute grounds for which the
 1852  disciplinary actions in subsection (2) may be taken:
 1853         (a) Violation of any provision of s. 472.031 or s.
 1854  455.227(1);
 1855         Section 51. For the purpose of incorporating the amendment
 1856  made by this act to subsection (1) of section 455.227, Florida
 1857  Statutes, in a reference thereto, paragraph (a) of subsection
 1858  (1) of section 473.323, Florida Statutes, is reenacted to read:
 1859         473.323 Disciplinary proceedings.—
 1860         (1) The following acts constitute grounds for which the
 1861  disciplinary actions in subsection (3) may be taken:
 1862         (a) Violation of any provision of s. 455.227(1) or any
 1863  other provision of this chapter.
 1864         Section 52. For the purpose of incorporating the amendment
 1865  made by this act to subsection (1) of section 455.227, Florida
 1866  Statutes, in a reference thereto, paragraph (a) of subsection
 1867  (1) of section 475.25, Florida Statutes, is reenacted to read:
 1868         475.25 Discipline.—
 1869         (1) The commission may deny an application for licensure,
 1870  registration, or permit, or renewal thereof; may place a
 1871  licensee, registrant, or permittee on probation; may suspend a
 1872  license, registration, or permit for a period not exceeding 10
 1873  years; may revoke a license, registration, or permit; may impose
 1874  an administrative fine not to exceed $5,000 for each count or
 1875  separate offense; and may issue a reprimand, and any or all of
 1876  the foregoing, if it finds that the licensee, registrant,
 1877  permittee, or applicant:
 1878         (a) Has violated any provision of s. 455.227(1) or s.
 1879  475.42. However, licensees under this part are exempt from the
 1880  provisions of s. 455.227(1)(i).
 1881         Section 53. For the purpose of incorporating the amendment
 1882  made by this act to subsection (1) of section 455.227, Florida
 1883  Statutes, in a reference thereto, subsection (1) of section
 1884  475.624, Florida Statutes, is reenacted to read:
 1885         475.624 Discipline.—The board may deny an application for
 1886  registration or certification; may investigate the actions of
 1887  any appraiser registered, licensed, or certified under this
 1888  part; may reprimand or impose an administrative fine not to
 1889  exceed $5,000 for each count or separate offense against any
 1890  such appraiser; and may revoke or suspend, for a period not to
 1891  exceed 10 years, the registration, license, or certification of
 1892  any such appraiser, or place any such appraiser on probation, if
 1893  it finds that the registered trainee, licensee, or
 1894  certificateholder:
 1895         (1) Has violated any provisions of this part or s.
 1896  455.227(1); however, certificateholders, registrants, and
 1897  licensees under this part are exempt from the provisions of s.
 1898  455.227(1)(i).
 1899         Section 54. For the purpose of incorporating the amendment
 1900  made by this act to subsection (1) of section 455.227, Florida
 1901  Statutes, in a reference thereto, paragraph (h) of subsection
 1902  (1) of section 476.204, Florida Statutes, is reenacted to read:
 1903         476.204 Penalties.—
 1904         (1) It is unlawful for any person to:
 1905         (h) Violate any provision of s. 455.227(1), s. 476.194, or
 1906  s. 476.214.
 1907         Section 55. Paragraph (a) of subsection (1) of section
 1908  477.026, Florida Statutes, is amended to read
 1909         477.026 Fees; disposition.—
 1910         (1)  The board shall set fees according to the following
 1911  schedule:
 1912         (a) For cosmetologists, fees for original licensing,
 1913  license renewal, and delinquent renewal shall not exceed $50
 1914  $25.
 1915         Section 56. For the purpose of incorporating the amendment
 1916  made by this act to subsection (1) of section 455.227, Florida
 1917  Statutes, in a reference thereto, paragraph (h) of subsection
 1918  (1) of section 477.029, Florida Statutes, is reenacted to read:
 1919         477.029 Penalty.—
 1920         (1) It is unlawful for any person to:
 1921         (h) Violate any provision of s. 455.227(1), s. 477.0265, or
 1922  s. 477.028.
 1923         Section 57. For the purpose of incorporating the amendment
 1924  made by this act to subsection (1) of section 455.227, Florida
 1925  Statutes, in a reference thereto, paragraph (a) of subsection
 1926  (1) of section 481.225, Florida Statutes, is reenacted to read:
 1927         481.225 Disciplinary proceedings against registered
 1928  architects.—
 1929         (1) The following acts constitute grounds for which the
 1930  disciplinary actions in subsection (3) may be taken:
 1931         (a) Violating any provision of s. 455.227(1), s. 481.221,
 1932  or s. 481.223, or any rule of the board or department lawfully
 1933  adopted pursuant to this part or chapter 455.
 1934         Section 58. For the purpose of incorporating the amendment
 1935  made by this act to subsection (1) of section 455.227, Florida
 1936  Statutes, in a reference thereto, paragraph (a) of subsection
 1937  (1) of section 481.325, Florida Statutes, is reenacted to read:
 1938         481.325 Disciplinary proceedings.—
 1939         (1) The following acts constitute grounds for which the
 1940  disciplinary actions in subsection (3) may be taken:
 1941         (a) Violation of any provision of s. 455.227(1), s.
 1942  481.321, or s. 481.323.
 1943         Section 59. Section 509.201, Florida Statutes, is repealed.
 1944         Section 60. Except as otherwise expressly provided in this
 1945  act and except for this section, which shall take effect upon
 1946  becoming a law, this act shall take effect July 1, 2009.

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