May 31, 2020
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_h0713__
HB 713

1
A bill to be entitled
2An act relating to the regulation of professions; amending
3s. 20.165, F.S.; assigning certain programs to regulation
4by the Division of Professions of the Department of
5Business and Professional Regulation; amending ss. 215.37
6and 455.017, F.S.; specifying that the department is
7responsible for the regulation of certain professions;
8amending s. 455.02, F.S.; authorizing the temporary
9professional licensure of the spouses of active duty
10members of the United States Armed Forces under certain
11circumstances; providing application requirements;
12requiring criminal history checks and fees; amending s.
13455.213, F.S.; requiring a licensee to surrender his or
14her license under certain circumstances; amending s.
15455.217, F.S.; revising the departmental unit responsible
16for administration of certain examinations; limiting an
17applicant's review of failed examination questions;
18amending s. 455.2175, F.S.; prohibiting an examinee whose
19examination materials are confiscated from taking another
20examination under certain circumstances; amending s.
21455.227, F.S.; revising grounds for the discipline of
22professional licensees; providing penalties; amending s.
23455.228, F.S.; revising terminology for cease and desist
24notices; creating s. 455.274, F.S.; authorizing the
25publication of certain legal advertisements and notices on
26the department's Internet website in lieu of publication
27in a newspaper; amending s. 468.83, F.S.; creating the
28home inspection services licensing program within the
29department; amending s. 468.8311, F.S.; revising the
30definition of the term "home inspection services" for
31purposes of provisions regulating home inspectors;
32amending s. 468.8312, F.S.; deleting limits on fees for
33certificates of authorization to conform to changes made
34by the act; amending s. 468.8313, F.S.; requiring home
35inspector license applicants to satisfy certain
36examination requirements before application for licensure;
37requiring criminal history checks and fees; amending s.
38468.8318, F.S.; deleting requirements for certificates of
39authorization for corporations or partnerships offering
40home inspection services; amending s. 468.8319, F.S.;
41revising prohibited acts by home inspectors and certain
42companies employing home inspectors or controlled by such
43companies; exempting from punishment certain unlicensed
44activity occurring before a specified date; amending s.
45468.832, F.S.; providing an additional ground for
46discipline of licensed home inspectors; amending s.
47468.8324, F.S.; extending the time for licensure of home
48inspectors under certain grandfather provisions; revising
49the licensing criteria for such provisions; authorizing
50the department to investigate the validity of home
51inspection reports submitted for licensure under the
52grandfather provisions; providing penalties for the
53submission of false reports; creating s. 468.8325, F.S.;
54requiring the department to adopt rules; amending s.
55468.84, F.S.; creating the mold-related services licensing
56program within the department; amending s. 468.8412, F.S.;
57deleting limits on fees for certificates of authorization
58to conform to changes made by the act; amending s.
59468.8413, F.S.; requiring mold assessor and mold
60remediator license applicants to satisfy certain
61examination requirements before application for licensure;
62revising the educational requirements for licensure as a
63mold assessor or mold remediator; requiring criminal
64history checks and fees; amending s. 468.8414, F.S.;
65specifying that certain insurance coverage is required for
66licensure by endorsement; amending s. 468.8418, F.S.;
67deleting requirements for certificates of authorization
68for corporations or partnerships offering mold-related
69services; amending s. 468.8419, F.S.; exempting from
70punishment certain unlicensed activity occurring before a
71specified date; amending s. 468.842, F.S.; providing an
72additional ground for discipline of licensed mold
73assessors and mold remediators; amending s. 468.8421,
74F.S.; revising insurance coverage requirements for mold
75assessors; amending s. 468.8423, F.S.; extending the time
76for licensure of mold assessors and mold remediators under
77certain grandfather provisions; revising the licensing
78criteria for such provisions; authorizing the department
79to investigate the validity of mold assessments and
80remediation invoices submitted for licensure under the
81grandfather provisions; providing penalties for the
82submission of false assessments or invoices; creating s.
83468.8424, F.S.; requiring the department to adopt rules;
84amending s. 474.203, F.S.; revising an exemption from
85regulation of intern or resident veterinarians; amending
86s. 475.175, F.S.; revising the application and fingerprint
87requirements for real estate broker and sales associate
88licenses; deleting a requirement that license applicants
89provide fingerprints in an electronic format; amending s.
90475.613, F.S.; revising qualifications of members of the
91Florida Real Estate Appraisal Board; amending s. 477.019,
92F.S.; deleting time limits for cosmetology license
93applicants to take the licensure examination; conforming a
94cross-reference; amending s. 509.211, F.S.; assigning
95responsibility for the regulation of carbon monoxide
96hazards in certain public lodging establishments to the
97Division of State Fire Marshal of the Department of
98Financial Services; creating s. 548.076, F.S.; authorizing
99the Department of Business and Professional Regulation to
100issue and enforce notices to cease and desist from
101violations of provisions regulating pugilistic
102exhibitions; providing penalties; amending s. 561.17,
103F.S.; revising application requirements for alcoholic
104beverage licenses; amending s. 561.20, F.S.; providing for
105the issuance of special alcoholic beverage licenses to
106certain movie theaters; limiting the on-premises sale of
107alcoholic beverages to certain areas within such movie
108theaters and times; requiring such movie theaters to pay
109alcoholic beverage license taxes at a specified rate and
110keep certain records for a specified time; amending s.
111561.32, F.S.; deleting a provision that applies the
112maximum fee for the transfer of certain inactive alcoholic
113beverage licenses; reenacting ss. 468.436(2)(a),
114468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
115473.323(1)(a), 475.25(1)(a), 475.624(1), 476.204(1)(h),
116477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
117relating to disciplinary proceedings for community
118association managers, home inspectors, mold assessors,
119mold remediators, engineers, certified public accountants,
120real estate brokers and sales associates, real estate
121appraisers, barbers, cosmetologists, architects, and
122landscape architects, to incorporate the amendment made to
123s. 455.227, F.S., in references thereto; reenacting s.
124468.8314(2), F.S., relating to the licensure of home
125inspectors, to incorporate the amendment made to s.
126468.832, F.S., in a reference thereto; providing an
127effective date.
128
129Be It Enacted by the Legislature of the State of Florida:
130
131     Section 1.  Subsection (4) of section 20.165, Florida
132Statutes, is amended to read:
133     20.165  Department of Business and Professional
134Regulation.-There is created a Department of Business and
135Professional Regulation.
136     (4)(a)  The following boards and programs are established
137within the Division of Professions:
138     1.  Board of Architecture and Interior Design, created
139under part I of chapter 481.
140     2.  Florida Board of Auctioneers, created under part VI of
141chapter 468.
142     3.  Barbers' Board, created under chapter 476.
143     4.  Florida Building Code Administrators and Inspectors
144Board, created under part XII of chapter 468.
145     5.  Construction Industry Licensing Board, created under
146part I of chapter 489.
147     6.  Board of Cosmetology, created under chapter 477.
148     7.  Electrical Contractors' Licensing Board, created under
149part II of chapter 489.
150     8.  Board of Employee Leasing Companies, created under part
151XI of chapter 468.
152     9.  Board of Landscape Architecture, created under part II
153of chapter 481.
154     10.  Board of Pilot Commissioners, created under chapter
155310.
156     11.  Board of Professional Engineers, created under chapter
157471.
158     12.  Board of Professional Geologists, created under
159chapter 492.
160     13.  Board of Veterinary Medicine, created under chapter
161474.
162     14.  Home inspection services licensing program, created
163under part XV of chapter 468.
164     15.  Mold-related services licensing program, created under
165part XVI of chapter 468.
166     (b)  The following board and commission are established
167within the Division of Real Estate:
168     1.  Florida Real Estate Appraisal Board, created under part
169II of chapter 475.
170     2.  Florida Real Estate Commission, created under part I of
171chapter 475.
172     (c)  The following board is established within the Division
173of Certified Public Accounting:
174     1.  Board of Accountancy, created under chapter 473.
175     Section 2.  Subsection (2) of section 215.37, Florida
176Statutes, is amended to read:
177     215.37  Department of Business and Professional Regulation
178and the boards to be financed from fees collected; deposit of
179funds; service charge; appropriation.-
180     (2)  The regulation by the department of professions, as
181defined in s. 455.01 chapter 455, by the department shall be
182financed solely from revenue collected by it from fees and other
183charges and deposited in the Professional Regulation Trust Fund,
184and all such revenue is hereby appropriated to the department.
185However, it is legislative intent that each profession shall
186operate within its anticipated fees.
187     Section 3.  Section 455.017, Florida Statutes, is amended
188to read:
189     455.017  Applicability of this chapter.-The provisions of
190This chapter applies apply only to the regulation by the
191department of professions by the department.
192     Section 4.  Section 455.02, Florida Statutes, is amended to
193read:
194     455.02  Licensure of members of the Armed Forces in good
195standing with administrative boards and their spouses.-
196     (1)  Any member of the Armed Forces of the United States
197now or hereafter on active duty who, at the time of becoming
198such a member, was in good standing with any administrative
199board of the state and was entitled to practice or engage in his
200or her profession or vocation in the state shall be kept in good
201standing by such administrative board, without registering,
202paying dues or fees, or performing any other act on his or her
203part to be performed, as long as he or she is a member of the
204Armed Forces of the United States on active duty and for a
205period of 6 months after discharge from active duty as a member
206of the Armed Forces of the United States, if provided he or she
207is not engaged in his or her licensed profession or vocation in
208the private sector for profit.
209     (2)  The boards listed in s. 20.165 shall adopt promulgate
210rules that exempt exempting the spouse spouses of a member
211members of the Armed Forces of the United States from licensure
212renewal provisions, but only in cases of his or her absence from
213the state because of his or her spouse's their spouses' duties
214with the Armed Forces.
215     (3)(a)  The department may issue a temporary professional
216license to the spouse of an active duty member of the Armed
217Forces of the United States if the spouse applies to the
218department in the format prescribed by the department. An
219application must include:
220     1.  Proof that the applicant is married to a member of the
221Armed Forces of the United States who is on active duty.
222     2.  Proof that the applicant holds a valid license for the
223profession issued by another state, the District of Columbia,
224any possession or territory of the United States, or any foreign
225jurisdiction.
226     3.  Proof that the applicant's spouse is assigned to a duty
227station in this state and that the applicant is also assigned to
228a duty station in this state pursuant to the member's official
229active duty military orders.
230     4.  Proof that a complete set of the applicant's
231fingerprints are submitted to the Department of Law Enforcement
232for a statewide criminal history check. The Department of Law
233Enforcement shall forward the fingerprints to the Federal Bureau
234of Investigation for a national criminal history check. The
235department shall, and the board may, review the results of the
236criminal history checks according to the level 2 screening
237standards in s. 435.04 and determine whether the applicant meets
238the licensure requirements. The costs of fingerprint processing
239shall be borne by the applicant. If the applicant's fingerprints
240are submitted through an authorized agency or vendor, the agency
241or vendor shall collect the required processing fees and remit
242the fees to the Department of Law Enforcement.
243     (b)  An application must be accompanied by an application
244fee prescribed by the department that is sufficient to cover the
245cost of issuance of the temporary license.
246     (c)  A temporary license expires 6 months after the date of
247issuance and is not renewable.
248     Section 5.  Subsection (2) of section 455.213, Florida
249Statutes, is amended to read:
250     455.213  General licensing provisions.-
251     (2)  Before the issuance of any license, the department may
252charge an initial license fee as determined by rule of the
253applicable board or, if no such board exists, by rule of the
254department. Upon receipt of the appropriate license fee, except
255as provided in subsection (3), the department shall issue a
256license to any person certified by the appropriate board, or its
257designee, or the department when there is no board, as having
258met the applicable requirements imposed by law or rule. However,
259an applicant who is not otherwise qualified for licensure is not
260entitled to licensure solely based on a passing score on a
261required examination. Upon a determination by the department
262that it erroneously issued a license, or upon the revocation of
263a license by the applicable board, or by the department when
264there is no board, the licensee must surrender his or her
265license to the department.
266     Section 6.  Subsections (1) and (3) of section 455.217,
267Florida Statutes, are amended to read:
268     455.217  Examinations.-This section shall be read in
269conjunction with the appropriate practice act associated with
270each regulated profession under this chapter.
271     (1)  The Division of Professions Service Operations of the
272Department of Business and Professional Regulation shall
273provide, contract, or approve services for the development,
274preparation, administration, scoring, score reporting, and
275evaluation of all examinations. The division shall seek the
276advice of the appropriate board in providing such services.
277     (a)  The department, acting in conjunction with the
278Division of Service Operations, the Division of Professions, and
279the Division of Real Estate, as appropriate, shall ensure that
280examinations adequately and reliably measure an applicant's
281ability to practice the profession regulated by the department.
282After an examination developed or approved by the department has
283been administered, the board or department may reject any
284question which does not reliably measure the general areas of
285competency specified in the rules of the board or department,
286when there is no board. The department shall use qualified
287outside testing vendors for the development, preparation, and
288evaluation of examinations, when such services are economically
289and viably available and approved by the department.
290     (b)  For each examination developed by the department or
291contracted vendor, to the extent not otherwise specified by
292statute, the board or the department when there is no board,
293shall by rule specify the general areas of competency to be
294covered by the examination, the relative weight to be assigned
295in grading each area tested, the score necessary to achieve a
296passing grade, and the fees, where applicable, to cover the
297actual cost for any purchase, development, and administration of
298the required examination. However, statutory fee caps in each
299practice act shall apply. This subsection does not apply to
300national examinations approved and administered pursuant to
301paragraph (d).
302     (c)  If a practical examination is deemed to be necessary,
303rules shall specify the criteria by which examiners are to be
304selected, the grading criteria to be used by the examiner, the
305relative weight to be assigned in grading each criterion, and
306the score necessary to achieve a passing grade. When a mandatory
307standardization exercise for a practical examination is required
308by law, the board may conduct such exercise. Therefore, board
309members may serve as examiners at a practical examination with
310the consent of the board.
311     (d)  A board, or the department when there is no board, may
312approve by rule the use of any national examination which the
313department has certified as meeting requirements of national
314examinations and generally accepted testing standards pursuant
315to department rules. Providers of examinations, which may be
316either profit or nonprofit entities, seeking certification by
317the department shall pay the actual costs incurred by the
318department in making a determination regarding the
319certification. The department shall use any national examination
320which is available, certified by the department, and approved by
321the board. The name and number of a candidate may be provided to
322a national contractor for the limited purpose of preparing the
323grade tape and information to be returned to the board or
324department or, to the extent otherwise specified by rule, the
325candidate may apply directly to the vendor of the national
326examination. The department may delegate to the board the duty
327to provide and administer the examination. Any national
328examination approved by a board, or the department when there is
329no board, prior to October 1, 1997, is deemed certified under
330this paragraph. Any licensing or certification examination that
331is not developed or administered by the department in-house or
332provided as a national examination shall be competitively bid.
333     (e)  The department shall adopt rules regarding the
334security and monitoring of examinations. In order to maintain
335the security of examinations, the department may employ the
336procedures set forth in s. 455.228 to seek fines and injunctive
337relief against an examinee who violates the provisions of s.
338455.2175 or the rules adopted pursuant to this paragraph. The
339department, or any agent thereof, may, for the purposes of
340investigation, confiscate any written, photographic, or
341recording material or device in the possession of the examinee
342at the examination site which the department deems necessary to
343enforce such provisions or rules.
344     (f)  If the professional board with jurisdiction over an
345examination concurs, the department may, for a fee, share with
346any other state's licensing authority an examination developed
347by or for the department unless prohibited by a contract entered
348into by the department for development or purchase of the
349examination. The department, with the concurrence of the
350appropriate board, shall establish guidelines that ensure
351security of a shared exam and shall require that any other
352state's licensing authority comply with those guidelines. Those
353guidelines shall be approved by the appropriate professional
354board. All fees paid by the user shall be applied to the
355department's examination and development program for professions
356regulated by this chapter. All fees paid by the user for
357professions not regulated by this chapter shall be applied to
358offset the fees for the development and administration of that
359profession's examination. If both a written and a practical
360examination are given, an applicant shall be required to retake
361only the portion of the examination for which he or she failed
362to achieve a passing grade, if he or she successfully passes
363that portion within a reasonable time of his or her passing the
364other portion.
365     (3)  Except for national examinations approved and
366administered pursuant to paragraph (1)(d), the department shall
367provide procedures for applicants who have taken and failed an
368examination developed by the department or a contracted vendor
369to review their most recently administered examination
370questions, answers, papers, grades, and grading key for the
371questions the candidate answered incorrectly or, if not
372feasible, the parts of the examination failed. Applicants shall
373bear the actual cost for the department to provide examination
374review pursuant to this subsection. An applicant may waive in
375writing the confidentiality of his or her examination grades.
376     Section 7.  Section 455.2175, Florida Statutes, is amended
377to read:
378     455.2175  Penalty for theft or reproduction of an
379examination.-In addition to, or in lieu of, any other discipline
380imposed pursuant to s. 455.227, the theft of an examination in
381whole or in part or the act of reproducing or copying any
382examination administered by the department, whether such
383examination is reproduced or copied in part or in whole and by
384any means, constitutes a felony of the third degree, punishable
385as provided in s. 775.082, s. 775.083, or s. 775.084. An
386examinee whose examination materials are confiscated is not
387permitted to take another examination until the criminal
388investigation reveals that the examinee did not violate this
389section.
390     Section 8.  Paragraph (c) of subsection (1) of section
391455.227, Florida Statutes, is amended to read:
392     455.227  Grounds for discipline; penalties; enforcement.-
393     (1)  The following acts shall constitute grounds for which
394the disciplinary actions specified in subsection (2) may be
395taken:
396     (c)  Being convicted or found guilty of, or entering a plea
397of guilty or nolo contendere to, regardless of adjudication, a
398crime in any jurisdiction which relates to the practice of, or
399the ability to practice, a licensee's profession.
400     Section 9.  Subsection (1) of section 455.228, Florida
401Statutes, is amended to read:
402     455.228  Unlicensed practice of a profession; cease and
403desist notice; civil penalty; enforcement; citations; allocation
404of moneys collected.-
405     (1)  When the department has probable cause to believe that
406any person not licensed by the department, or the appropriate
407regulatory board within the department, has violated any
408provision of this chapter or any statute that relates to the
409practice of a profession regulated by the department, or any
410rule adopted pursuant thereto, the department may issue and
411deliver to such person a notice to cease and desist from such
412violation. In addition, the department may issue and deliver a
413notice to cease and desist to any person who aids and abets the
414unlicensed practice of a profession by employing such unlicensed
415person. The issuance of a notice to cease and desist shall not
416constitute agency action for which a hearing under ss. 120.569
417and 120.57 may be sought. For the purpose of enforcing a cease
418and desist notice order, the department may file a proceeding in
419the name of the state seeking issuance of an injunction or a
420writ of mandamus against any person who violates any provisions
421of such notice order. In addition to the foregoing remedies, the
422department may impose an administrative penalty not to exceed
423$5,000 per incident pursuant to the provisions of chapter 120 or
424may issue a citation pursuant to the provisions of subsection
425(3). If the department is required to seek enforcement of the
426notice order for a penalty pursuant to s. 120.569, it shall be
427entitled to collect its attorney's fees and costs, together with
428any cost of collection.
429     Section 10.  Section 455.274, Florida Statutes, is created
430to read:
431     455.274  Publication of legal advertisements and notices.-
432     (1)  Notwithstanding s. 49.10, when the department is
433required to publish a notice of action for any proceeding
434involving a licensee, in lieu of publishing the notice of action
435in a newspaper, the department may publish the notice of action
436for 4 consecutive weeks on the department's Internet website in
437a designated section of the website that pertains to the
438licensee's profession.
439     (2)  Notwithstanding s. 50.011, when the department is
440required or authorized to publish a legal advertisement or
441notice for any purpose described in s. 50.011 involving a
442licensee, in lieu of publishing the legal advertisement or
443notice in a newspaper, the department may publish the legal
444advertisement or notice on the department's Internet website in
445a designated section of the website that pertains to the
446licensee's profession.
447     (3)  Notwithstanding s. 120.60(5), when the department is
448required to publish notice to a licensee of the revocation,
449suspension, annulment, or withdrawal of his or her license, if
450personal service cannot be made to the licensee and the
451certified mail notice is returned undelivered, in lieu of
452publishing the notice in a newspaper, the department may publish
453the notice for 4 consecutive weeks on the department's Internet
454website in a designated section of the website that pertains to
455the licensee's profession.
456     Section 11.  Section 468.83, Florida Statutes, is amended
457to read:
458     468.83  Home inspection services licensing program;
459purpose.-
460     (1)  There is created within the department the home
461inspection services licensing program.
462     (2)  The Legislature recognizes that there is a need to
463require the licensing of home inspectors and to ensure that
464consumers of home inspection services can rely on the competence
465of home inspectors, as determined by educational and experience
466requirements and testing. Therefore, the Legislature deems it
467necessary in the interest of the public welfare to regulate home
468inspectors in this state.
469     Section 12.  Subsection (4) of section 468.8311, Florida
470Statutes, is amended to read:
471     468.8311  Definitions.-As used in this part, the term:
472     (4)  "Home inspection services" means a limited visual
473examination of one or more of the following readily accessible
474installed systems and components of a home: the structure,
475electrical system, HVAC system, roof covering, plumbing system,
476interior components, exterior components, and site conditions
477that affect the structure, for the purposes of providing a
478written professional opinion of the condition of the home.
479     Section 13.  Subsections (5) through (8) of section
480468.8312, Florida Statutes, are renumbered as subsections (4)
481through (7), respectively, and present subsection (4) of that
482section is amended to read:
483     468.8312  Fees.-
484     (4)  The fee for a certificate of authorization shall not
485exceed $125.
486     Section 14.  Subsections (1) and (2) of section 468.8313,
487Florida Statutes, are amended, and paragraph (d) is added to
488subsection (5) of that section, to read:
489     468.8313  Examinations.-
490     (1)  A person desiring to be licensed as a home inspector
491must shall apply to the department after satisfying the
492examination requirements of this part to take a licensure
493examination.
494     (2)  An applicant may shall be entitled to take the
495licensure examination for the purpose of determining whether he
496or she is qualified to practice in this state as a home
497inspector if he or she passes the required examination, the
498applicant is of good moral character, and completes has
499completed a course of study of at least no less than 120 hours
500that covers all of the following components of a home:
501structure, electrical system, HVAC system, roof covering,
502plumbing system, interior components, exterior components, and
503site conditions that affect the structure.
504     (5)
505     (d)  An initial applicant must submit a complete set of his
506or her fingerprints to the Department of Law Enforcement for a
507statewide criminal history check. The Department of Law
508Enforcement shall forward the fingerprints to the Federal Bureau
509of Investigation for a national criminal history check. The
510department shall review the results of the criminal history
511checks according to the level 2 screening standards in s. 435.04
512and determine whether the applicant meets the licensure
513requirements. The costs of fingerprint processing shall be borne
514by the applicant. If the applicant's fingerprints are submitted
515through an authorized agency or vendor, the agency or vendor
516shall collect the required processing fees and remit the fees to
517the Department of Law Enforcement.
518     Section 15.  Section 468.8318, Florida Statutes, is amended
519to read:
520     468.8318  Certification of corporations and partnerships.-
521     (1)  The department shall issue a certificate of
522authorization to a corporation or partnership offering home
523inspection services to the public if the corporation or
524partnership satisfies all of the requirements of this part.
525     (2)  The practice of or the offer to practice home
526inspection services by licensees through a corporation or
527partnership offering home inspection services to the public, or
528by a corporation or partnership offering such services to the
529public through licensees under this part as agents, employees,
530officers, or partners, is permitted subject to the provisions of
531this part, provided that all personnel of the corporation or
532partnership who act in its behalf as home inspectors in this
533state are licensed as provided by this part; and further
534provided that the corporation or partnership has been issued a
535certificate of authorization by the department as provided in
536this section. Nothing in this section shall be construed to
537allow a corporation to hold a license to practice home
538inspection services. No corporation or partnership shall be
539relieved of responsibility for the conduct or acts of its
540agents, employees, or officers by reason of its compliance with
541this section, nor shall any individual practicing home
542inspection services be relieved of responsibility for
543professional services performed by reason of his or her
544employment or relationship with a corporation or partnership.
545     (3)  For the purposes of this section, a certificate of
546authorization shall be required for a corporation, partnership,
547association, or person practicing under a fictitious name and
548offering home inspection services to the public; however, when
549an individual is practicing home inspection services in his or
550her own given name, he or she shall not be required to register
551under this section.
552     (4)  Each certificate of authorization shall be renewed
553every 2 years. Each partnership and corporation certified under
554this section shall notify the department within 1 month of any
555change in the information contained in the application upon
556which the certification is based.
557     (5)  Disciplinary action against a corporation or
558partnership shall be administered in the same manner and on the
559same grounds as disciplinary action against a licensed home
560inspector.
561     Section 16.  Section 468.8319, Florida Statutes, is amended
562to read:
563     468.8319  Prohibitions; penalties.-
564     (1)  A home inspector, a company that employs a home
565inspector, or a company that is controlled by a company that
566also has a financial interest in a company employing a home
567inspector may not:
568     (a)  Practice or offer to practice home inspection services
569unless the person has complied with the provisions of this part;
570     (b)  Use the name or title "certified home inspector,"
571"registered home inspector," "licensed home inspector," "home
572inspector," "professional home inspector," or any combination
573thereof unless the person has complied with the provisions of
574this part;
575     (c)  Present as his or her own the license of another;
576     (d)  Knowingly give false or forged evidence to the
577department or an employee thereof;
578     (e)  Use or attempt to use a license that has been
579suspended or revoked;
580     (f)  Perform or offer to perform, prior to closing, for any
581additional fee, any repairs to a home on which the inspector or
582the inspector's company has prepared a home inspection report.
583This paragraph does not apply to a home warranty company that is
584affiliated with or retains a home inspector to perform repairs
585pursuant to a claim made under a home warranty contract;
586     (g)  Inspect for a fee any property in which the inspector
587or the inspector's company has any financial or transfer
588interest;
589     (h)  Offer or deliver any compensation, inducement, or
590reward to any broker or agent therefor for the referral of the
591owner of the inspected property to the inspector or the
592inspection company; or
593     (i)  Accept an engagement to make an omission or prepare a
594report in which the inspection itself, or the fee payable for
595the inspection, is contingent upon either the conclusions in the
596report, preestablished findings, or the close of escrow.
597     (2)  Any person who is found to be in violation of any
598provision of this section commits a misdemeanor of the first
599degree, punishable as provided in s. 775.082 or s. 775.083.
600     (3)  This section does not apply to unlicensed activity as
601described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
602that occurs before July 1, 2011.
603     Section 17.  Paragraph (j) is added to subsection (1) of
604section 468.832, Florida Statutes, to read:
605     468.832  Disciplinary proceedings.-
606     (1)  The following acts constitute grounds for which the
607disciplinary actions in subsection (2) may be taken:
608     (j)  Failing to meet any standard of practice adopted by
609rule of the department.
610     Section 18.  Section 468.8324, Florida Statutes, is amended
611to read:
612     468.8324  Grandfather clause.-
613     (1)  A person who performs home inspection services as
614defined in this part may qualify for licensure to be licensed by
615the department as a home inspector if the person submits his or
616her application to the department by March 1, 2011, whether
617postmarked or delivered by that date, and if the person: meets
618the licensure requirements of this part by July 1, 2010.
619     (a)  Is certified as a home inspector by a state or
620national association that requires, for such certification,
621successful completion of a proctored examination on home
622inspection services and completes at least 14 hours of
623verifiable education on such services; or
624     (b)  At the time of application, has at least 3 years of
625experience as a home inspector and completes at least 14 hours
626of verifiable education on home inspection services. To
627establish the 3 years of experience, an applicant must submit at
628least 120 home inspection reports prepared by the applicant.
629     (2)  The department may investigate the validity of a home
630inspection report submitted under paragraph (1)(b) and, if the
631applicant submits a false report, may take disciplinary action
632against the applicant under s. 468.832(1)(e) or (g).
633     (3)  An applicant may not qualify for licensure under this
634section if he or she has had a home inspector license or a
635license in any related field revoked at any time or suspended
636within the previous 5 years or has been assessed a fine that
637exceeds $500 within the previous 5 years. For purposes of this
638subsection, a license in a related field includes, but is not
639limited to, licensure in real estate, construction, mold-related
640services, or building code administration or inspection.
641     (4)  An applicant for licensure under this section must
642comply with the criminal history, good moral character, and
643insurance requirements of this part.
644     Section 19.  Section 468.8325, Florida Statutes, is created
645to read:
646     468.8325  Rulemaking authority.-The department shall adopt
647rules to administer this part.
648     Section 20.  Section 468.84, Florida Statutes, is amended
649to read:
650     468.84  Mold-related services licensing program;
651legislative purpose.-
652     (1)  There is created within the department the mold-
653related services licensing program.
654     (2)  The Legislature finds it necessary in the interest of
655the public safety and welfare, to prevent damage to real and
656personal property, to avert economic injury to the residents of
657this state, and to regulate persons and companies that hold
658themselves out to the public as qualified to perform mold-
659related services.
660     Section 21.  Subsections (7) through (10) of section
661468.8412, Florida Statutes, are renumbered as subsections (6)
662through (9), respectively, and present subsection (6) of that
663section is amended to read:
664     468.8412  Fees.-
665     (6)  The fee for a biennial certificate of authorization
666renewal shall not exceed $400.
667     Section 22.  Subsections (1) and (2) of section 468.8413,
668Florida Statutes, are amended, and paragraph (d) is added to
669subsection (4) of that section, to read:
670     468.8413  Examinations.-
671     (1)  A person desiring to be licensed as a mold assessor or
672mold remediator must shall apply to the department after
673satisfying the examination requirements of this part to take a
674licensure examination.
675     (2)  An applicant may shall be entitled to take the
676licensure examination to practice in this state as a mold
677assessor or mold remediator if he or she passes the required
678examination, the applicant is of good moral character, and
679completes has satisfied one of the following requirements:
680     (a)1.  For a mold remediator, at least a 2-year associate
681of arts degree, or the equivalent, with at least 30 semester
682hours in microbiology, engineering, architecture, industrial
683hygiene, occupational safety, or a related field of science from
684an accredited institution and a minimum of 1 year of documented
685field experience in a field related to mold remediation; or
686     2.  A high school diploma or the equivalent with a minimum
687of 4 years of documented field experience in a field related to
688mold remediation.
689     (b)1.  For a mold assessor, at least a 2-year associate of
690arts degree, or the equivalent, with at least 30 semester hours
691in microbiology, engineering, architecture, industrial hygiene,
692occupational safety, or a related field of science from an
693accredited institution and a minimum of 1 year of documented
694field experience in conducting microbial sampling or
695investigations; or
696     2.  A high school diploma or the equivalent with a minimum
697of 4 years of documented field experience in conducting
698microbial sampling or investigations.
699     (4)
700     (d)  An initial applicant must submit a complete set of his
701or her fingerprints to the Department of Law Enforcement for a
702statewide criminal history check. The Department of Law
703Enforcement shall forward the fingerprints to the Federal Bureau
704of Investigation for a national criminal history check. The
705department shall review the results of the criminal history
706checks according to the level 2 screening standards in s. 435.04
707and determine whether the applicant meets the licensure
708requirements. The costs of fingerprint processing shall be borne
709by the applicant. If the applicant's fingerprints are submitted
710through an authorized agency or vendor, the agency or vendor
711shall collect the required processing fees and remit the fees to
712the Department of Law Enforcement.
713     Section 23.  Subsection (3) of section 468.8414, Florida
714Statutes, is amended to read:
715     468.8414  Licensure.-
716     (3)  The department shall certify as qualified for a
717license by endorsement an applicant who is of good moral
718character, who has the insurance coverage required under s.
719468.8421, and who:
720     (a)  Is qualified to take the examination as set forth in
721s. 468.8413 and has passed a certification examination offered
722by a nationally recognized organization that certifies persons
723in the specialty of mold assessment or mold remediation that has
724been approved by the department as substantially equivalent to
725the requirements of this part and s. 455.217; or
726     (b)  Holds a valid license to practice mold assessment or
727mold remediation issued by another state or territory of the
728United States if the criteria for issuance of the license were
729substantially the same as the licensure criteria that is
730established by this part as determined by the department.
731     Section 24.  Section 468.8418, Florida Statutes, is amended
732to read:
733     468.8418  Certification of partnerships and corporations.-
734     (1)  The department shall issue a certificate of
735authorization to a corporation or partnership offering mold
736assessment or mold remediation services to the public if the
737corporation or partnership satisfies all of the requirements of
738this part.
739     (2)  The practice of or the offer to practice mold
740assessment or mold remediation by licensees through a
741corporation or partnership offering mold assessment or mold
742remediation to the public, or by a corporation or partnership
743offering such services to the public through licensees under
744this part as agents, employees, officers, or partners, is
745permitted subject to the provisions of this part, provided that
746the corporation or partnership has been issued a certificate of
747authorization by the department as provided in this section.
748Nothing in this section shall be construed to allow a
749corporation to hold a license to practice mold assessment or
750mold remediation. No corporation or partnership shall be
751relieved of responsibility for the conduct or acts of its
752agents, employees, or officers by reason of its compliance with
753this section, nor shall any individual practicing mold
754assessment or mold remediation be relieved of responsibility for
755professional services performed by reason of his or her
756employment or relationship with a corporation or partnership.
757     (3)  For the purposes of this section, a certificate of
758authorization shall be required for a corporation, partnership,
759association, or person practicing under a fictitious name,
760offering mold assessment or mold remediation; however, when an
761individual is practicing mold assessment or mold remediation
762under his or her own given name, he or she shall not be required
763to register under this section.
764     (4)  Each certificate of authorization shall be renewed
765every 2 years. Each partnership and corporation certified under
766this section shall notify the department within 1 month of any
767change in the information contained in the application upon
768which the certification is based.
769     (5)  Disciplinary action against a corporation or
770partnership shall be administered in the same manner and on the
771same grounds as disciplinary action against a licensed mold
772assessor or mold remediator.
773     Section 25.  Section 468.8419, Florida Statutes, is amended
774to read:
775     468.8419  Prohibitions; penalties.-
776     (1)  A mold assessor, a company that employs a mold
777assessor, or a company that is controlled by a company that also
778has a financial interest in a company employing a mold assessor
779may not:
780     (a)  Perform or offer to perform any mold assessment unless
781the mold assessor has documented training in water, mold, and
782respiratory protection under s. 468.8414(2).
783     (b)  Perform or offer to perform any mold assessment unless
784the person has complied with the provisions of this part.
785     (c)  Use the name or title "certified mold assessor,"
786"registered mold assessor," "licensed mold assessor," "mold
787assessor," "professional mold assessor," or any combination
788thereof unless the person has complied with the provisions of
789this part.
790     (d)  Perform or offer to perform any mold remediation to a
791structure on which the mold assessor or the mold assessor's
792company provided a mold assessment within the last 12 months.
793     (e)  Inspect for a fee any property in which the assessor
794or the assessor's company has any financial or transfer
795interest.
796     (f)  Accept any compensation, inducement, or reward from a
797mold remediator or mold remediator's company for the referral of
798any business to the mold remediator or the mold remediator's
799company.
800     (g)  Offer any compensation, inducement, or reward to a
801mold remediator or mold remediator's company for the referral of
802any business from the mold remediator or the mold remediator's
803company.
804     (h)  Accept an engagement to make an omission of the
805assessment or conduct an assessment in which the assessment
806itself, or the fee payable for the assessment, is contingent
807upon the conclusions of the assessment.
808     (2)  A mold remediator, a company that employs a mold
809remediator, or a company that is controlled by a company that
810also has a financial interest in a company employing a mold
811remediator may not:
812     (a)  Perform or offer to perform any mold remediation
813unless the remediator has documented training in water, mold,
814and respiratory protection under s. 468.8414(2).
815     (b)  Perform or offer to perform any mold remediation
816unless the person has complied with the provisions of this part.
817     (c)  Use the name or title "certified mold remediator,"
818"registered mold remediator," "licensed mold remediator," "mold
819remediator," "professional mold remediator," or any combination
820thereof unless the person has complied with the provisions of
821this part.
822     (d)  Perform or offer to perform any mold assessment to a
823structure on which the mold remediator or the mold remediator's
824company provided a mold remediation within the last 12 months.
825     (e)  Remediate for a fee any property in which the mold
826remediator or the mold remediator's company has any financial or
827transfer interest.
828     (f)  Accept any compensation, inducement, or reward from a
829mold assessor or mold assessor's company for the referral of any
830business from the mold assessor or the mold assessor's company.
831     (g)  Offer any compensation, inducement, or reward to a
832mold assessor or mold assessor's company for the referral of any
833business from the mold assessor or the mold assessor's company.
834     (3)  Any person who violates any provision of this section
835commits:
836     (a)  A misdemeanor of the second degree for a first
837violation, punishable as provided in s. 775.082 or s. 775.083.
838     (b)  A misdemeanor of the first degree for a second
839violation, punishable as provided in s. 775.082 or s. 775.083.
840     (c)  A felony of the third degree for a third or subsequent
841violation, punishable as provided in s. 775.082, s. 775.083, or
842s. 775.084.
843     (4)  This section does not apply to unlicensed activity as
844described in paragraph (1)(b), paragraph (1)(c), or s. 455.228
845that occurs before July 1, 2011.
846     Section 26.  Paragraph (j) is added to subsection (1) of
847section 468.842, Florida Statutes, to read:
848     468.842  Disciplinary proceedings.-
849     (1)  The following acts constitute grounds for which the
850disciplinary actions in subsection (2) may be taken:
851     (j)  Failing to meet any standard of practice adopted by
852rule of the department.
853     Section 27.  Subsection (1) of section 468.8421, Florida
854Statutes, is amended to read:
855     468.8421  Insurance.-
856     (1)  A mold assessor shall maintain general liability and
857errors and omissions for both preliminary and postremediation
858mold assessment insurance coverage in an amount of at least $1
859million not less than $1,000,000.
860     Section 28.  Section 468.8423, Florida Statutes, is amended
861to read:
862     468.8423  Grandfather clause.-
863     (1)  A person who performs mold assessment or mold
864remediation as defined in this part may qualify for licensure to
865be licensed by the department as a mold assessor or mold
866remediator if the person submits his or her application to the
867department by March 1, 2011, whether postmarked or delivered by
868that date, and if the person: meets the licensure requirements
869of this part by July 1, 2010.
870     (a)  Is certified as a mold assessor or mold remediator by
871a state or national association that requires, for such
872certification, successful completion of a proctored examination
873on mold assessment or mold remediation, as applicable, and
874completes at least 60 hours of education on mold assessment or
875at least 30 hours of education on mold remediation, as
876applicable; or
877     (b)  At the time of application, has at least 3 years of
878experience as a mold assessor or mold remediator. To establish
879the 3 years of experience, an applicant must submit at least 40
880mold assessments or remediation invoices prepared by the
881applicant.
882     (2)  The department may investigate the validity of a mold
883assessment or remediation invoice submitted under paragraph
884(1)(b) and, if the applicant submits a false assessment or
885invoice, may take disciplinary action against the applicant
886under s. 468.842(1)(e) or (g).
887     (3)  An applicant may not qualify for licensure under this
888section if he or she has had a mold assessor or mold remediator
889license or a license in any related field revoked at any time or
890suspended within the previous 5 years or has been assessed a
891fine that exceeds $500 within the previous 5 years. For purposes
892of this subsection, a license in a related field includes, but
893is not limited to, licensure in real estate, construction, home
894inspection, building code administration or inspection, or
895indoor air quality.
896     (4)  An applicant for licensure under this section must
897comply with the good moral character and insurance requirements
898of this part.
899     Section 29.  Section 468.8424, Florida Statutes, is created
900to read:
901     468.8424  Rulemaking authority.-The department shall adopt
902rules to administer this part.
903     Section 30.  Subsection (2) of section 474.203, Florida
904Statutes, is amended to read:
905     474.203  Exemptions.-This chapter shall not apply to:
906     (2)  A person practicing as an intern or resident
907veterinarian who does not hold a valid license issued under this
908chapter and who is a graduate in training at a school or college
909of veterinary medicine located in this state and accredited by
910the American Veterinary Medical Association Council on Education
911or a school or college recognized by the American Veterinary
912Medical Association Commission for Foreign Veterinary Graduates.
913Such intern or resident must be a graduate of a school or
914college of veterinary medicine accredited by the American
915Veterinary Medical Association Council on Education or a school
916or college of veterinary medicine recognized by the Educational
917Commission for Foreign Veterinary Graduates of the American
918Veterinary Medical Association. This exemption expires when such
919intern or resident completes or is terminated from such
920training. Each school or college at which such intern or
921resident is in training shall, on July 1 of each year, provide
922the board with a written list of all such interns or residents
923designated for this exemption, and the school or college shall
924also notify the board of any additions or deletions to the list.
925
926For the purposes of chapters 465 and 893, persons exempt
927pursuant to subsection (1), subsection (2), or subsection (4)
928are deemed to be duly licensed practitioners authorized by the
929laws of this state to prescribe drugs or medicinal supplies.
930     Section 31.  Paragraph (a) of subsection (1) of section
931475.175, Florida Statutes, is amended to read:
932     475.175  Examinations.-
933     (1)  A person shall be entitled to take the license
934examination to practice in this state if the person:
935     (a)  Submits to the department the appropriate signed or
936electronically authenticated application, fingerprints, and fee,
937and a fingerprint card. The fingerprints fingerprint card shall
938be forwarded to the Division of Criminal Justice Information
939Systems within the Department of Law Enforcement for purposes of
940processing the fingerprints fingerprint card to determine if the
941applicant has a criminal history record. The fingerprints
942fingerprint card shall also be forwarded to the Federal Bureau
943of Investigation for purposes of processing the fingerprints
944fingerprint card to determine if the applicant has a criminal
945history record. The information obtained by the processing of
946the fingerprints fingerprint card by the Florida Department of
947Law Enforcement and the Federal Bureau of Investigation shall be
948sent to the department for the purpose of determining if the
949applicant is statutorily qualified for examination. Effective
950July 1, 2006, an applicant shall provide fingerprints in
951electronic format.
952     Section 32.  Subsection (1) of section 475.613, Florida
953Statutes, is amended to read:
954     475.613  Florida Real Estate Appraisal Board.-
955     (1)  There is created the Florida Real Estate Appraisal
956Board, which shall consist of seven members appointed by the
957Governor, subject to confirmation by the Senate. Four members of
958the board must be real estate appraisers who have been engaged
959in the general practice of appraising real property in this
960state for at least 5 years immediately preceding appointment. In
961appointing real estate appraisers to the board, while not
962excluding other appraisers, the Governor shall give preference
963to real estate appraisers who are not primarily engaged in real
964estate brokerage or mortgage lending activities. One member of
965the board must represent organizations that use appraisals for
966the purpose of eminent domain proceedings, financial
967transactions, or mortgage insurance. Two members of the board
968shall be representatives of the general public and shall not be
969connected in any way with the practice of real estate appraisal,
970real estate brokerage, or mortgage lending. The appraiser
971members shall be as representative of the entire industry as
972possible, and membership in a nationally recognized or state-
973recognized appraisal organization shall not be a prerequisite to
974membership on the board. To the extent possible, no more than
975two members of the board shall be primarily affiliated with any
976one particular national or state appraisal association. Two of
977the members must be licensed or certified residential real
978estate appraisers and two of the members must be certified
979general real estate appraisers at the time of their appointment.
980     (a)  Members of the board shall be appointed for 4-year
981terms. Any vacancy occurring in the membership of the board
982shall be filled by appointment by the Governor for the unexpired
983term. Upon expiration of her or his term, a member of the board
984shall continue to hold office until the appointment and
985qualification of the member's successor. A member may not be
986appointed for more than two consecutive terms. The Governor may
987remove any member for cause.
988     (b)  The headquarters for the board shall be in Orlando.
989     (c)  The board shall meet at least once each calendar
990quarter to conduct its business.
991     (d)  The members of the board shall elect a chairperson at
992the first meeting each year.
993     (e)  Each member of the board is entitled to per diem and
994travel expenses as set by legislative appropriation for each day
995that the member engages in the business of the board.
996     Section 33.  Subsections (4) through (8) of section
997477.019, Florida Statutes, are renumbered as subsections (3)
998through (7), respectively, and paragraph (c) of subsection (2)
999and present subsection (3) of that section are amended to read:
1000     477.019  Cosmetologists; qualifications; licensure;
1001supervised practice; license renewal; endorsement; continuing
1002education.-
1003     (2)  An applicant shall be eligible for licensure by
1004examination to practice cosmetology if the applicant:
1005     (c)1.  Is authorized to practice cosmetology in another
1006state or country, has been so authorized for at least 1 year,
1007and does not qualify for licensure by endorsement as provided
1008for in subsection (5) (6); or
1009     2.  Has received a minimum of 1,200 hours of training as
1010established by the board, which shall include, but shall not be
1011limited to, the equivalent of completion of services directly
1012related to the practice of cosmetology at one of the following:
1013     a.  A school of cosmetology licensed pursuant to chapter
10141005.
1015     b.  A cosmetology program within the public school system.
1016     c.  The Cosmetology Division of the Florida School for the
1017Deaf and the Blind, provided the division meets the standards of
1018this chapter.
1019     d.  A government-operated cosmetology program in this
1020state.
1021
1022The board shall establish by rule procedures whereby the school
1023or program may certify that a person is qualified to take the
1024required examination after the completion of a minimum of 1,000
1025actual school hours. If the person then passes the examination,
1026he or she shall have satisfied this requirement; but if the
1027person fails the examination, he or she shall not be qualified
1028to take the examination again until the completion of the full
1029requirements provided by this section.
1030     (3)  An application for the licensure examination for any
1031license under this section may be submitted for examination
1032approval in the last 100 hours of training by a pregraduate of a
1033licensed cosmetology school or a program within the public
1034school system, which school or program is certified by the
1035Department of Education with fees as required in paragraph
1036(2)(b). Upon approval, the applicant may schedule the
1037examination on a date when the training hours are completed. An
1038applicant shall have 6 months from the date of approval to take
1039the examination. After the 6 months have passed, if the
1040applicant failed to take the examination, the applicant must
1041reapply. The board shall establish by rule the procedures for
1042the pregraduate application process.
1043     Section 34.  Subsection (4) of section 509.211, Florida
1044Statutes, is amended to read:
1045     509.211  Safety regulations.-
1046     (4)  Every enclosed space or room that contains a boiler
1047regulated under chapter 554 which is fired by the direct
1048application of energy from the combustion of fuels and that is
1049located in any portion of a public lodging establishment that
1050also contains sleeping rooms shall be equipped with one or more
1051carbon monoxide sensor devices that bear the label of a
1052nationally recognized testing laboratory and have been tested
1053and listed as complying with the most recent Underwriters
1054Laboratories, Inc., Standard 2034, or its equivalent, unless it
1055is determined that carbon monoxide hazards have otherwise been
1056adequately mitigated as determined by the Division of State Fire
1057Marshal of the Department of Financial Services. Such devices
1058shall be integrated with the public lodging establishment's fire
1059detection system. Any such installation or determination shall
1060be made in accordance with rules adopted by the Division of
1061State Fire Marshal.
1062     Section 35.  Section 548.076, Florida Statutes, is created
1063to read:
1064     548.076  Cease and desist notices.-When the department has
1065probable cause to believe that any person not licensed by the
1066commission has violated any provision of this chapter, or any
1067rule adopted pursuant thereto, the department may issue and
1068deliver to such person a notice to cease and desist from such
1069violation. The department shall issue and enforce such cease and
1070desist notices in accordance with s. 455.228.
1071     Section 36.  Subsection (1) of section 561.17, Florida
1072Statutes, is amended to read:
1073     561.17  License and registration applications; approved
1074person.-
1075     (1)  Any person, before engaging in the business of
1076manufacturing, bottling, distributing, selling, or in any way
1077dealing in alcoholic beverages, shall file, with the district
1078licensing personnel of the district of the division in which the
1079place of business for which a license is sought is located, a
1080sworn application in the format prescribed duplicate on forms
1081provided to the district licensing personnel by the division.
1082The applicant must be a legal or business entity, person, or
1083persons and must include all persons, officers, shareholders,
1084and directors of such legal or business entity that have a
1085direct or indirect interest in the business seeking to be
1086licensed under this part. However, the applicant does not
1087include any person that derives revenue from the license solely
1088through a contractual relationship with the licensee, the
1089substance of which contractual relationship is not related to
1090the control of the sale of alcoholic beverages. Before Prior to
1091any application is being approved, the division may require the
1092applicant to file a set of fingerprints on regular United States
1093Department of Justice forms for herself or himself and for any
1094person or persons interested directly or indirectly with the
1095applicant in the business for which the license is being sought,
1096when so required by the division. If the applicant or any person
1097who is interested with the applicant either directly or
1098indirectly in the business or who has a security interest in the
1099license being sought or has a right to a percentage payment from
1100the proceeds of the business, either by lease or otherwise, is
1101not qualified, the division shall deny the application shall be
1102denied by the division. However, any company regularly traded on
1103a national securities exchange and not over the counter; any
1104insurer, as defined in the Florida Insurance Code; or any bank
1105or savings and loan association chartered by this state, another
1106state, or the United States which has an interest, directly or
1107indirectly, in an alcoholic beverage license is shall not be
1108required to obtain the division's division approval of its
1109officers, directors, or stockholders or any change of such
1110positions or interests. A shopping center with five or more
1111stores, one or more of which has an alcoholic beverage license
1112and is required under a lease common to all shopping center
1113tenants to pay no more than 10 percent of the gross proceeds of
1114the business holding the license to the shopping center, is
1115shall not be considered as having an interest, directly or
1116indirectly, in the license.
1117     Section 37.  Paragraph (k) is added to subsection (2) of
1118section 561.20, Florida Statutes, to read:
1119     561.20  Limitation upon number of licenses issued.-
1120     (2)
1121     (k)1.  In addition to any special licenses issued under the
1122Beverage Law, the division may issue a special license for
1123consumption on the premises only to a movie theater that has at
1124least five operating screens, which show first-run feature films
1125that open on the scheduled national release dates, and that:
1126     a.  Holds a seating license issued by the Division of
1127Hotels and Restaurants under chapter 509.
1128     b.  Derives at least 51 percent of its gross revenues from
1129the sale of theater tickets, food, and nonalcoholic beverages.
1130     c.  Prepares on premises and serves full course and
1131multicourse meals, including appetizers, entrees with side
1132dishes, and desserts, but that does not include prepackaged
1133meals that are heated and served, to at least 200 patrons in
1134seats at tables, seats equipped with a tray or table top, or
1135seats at a food service counter, each of which must accommodate
1136a full course or multicourse meal for a seat to be counted.
1137     d.  Offers food service at all times when alcoholic
1138beverages are offered for sale.
1139     2.  Notwithstanding any other law, a licensee under this
1140paragraph may only sell or serve alcoholic beverages for
1141consumption on premises in areas designated for the service of
1142such full course or multicourse meals, and at such seats, as
1143described in sub-subparagraph 1.c.
1144     3.  The sale of alcoholic beverages may not occur during
1145any day more than 1 hour before the start of the first show and
1146more than 1 hour after the end of the final show.
1147     4.  Regardless of the counties in which a licensee operates
1148under this paragraph, the licensee must pay the annual state
1149license tax set forth in s. 565.02(1)(b).
1150     5.  A licensee under this paragraph must keep all records
1151required by the department by rule for 3 years.
1152     Section 38.  Paragraph (a) of subsection (3) of section
1153561.32, Florida Statutes, is amended to read:
1154     561.32  Transfer of licenses; change of officers or
1155directors; transfer of interest.-
1156     (3)(a)  Before the issuance of any transfer of license
1157herein provided, the transferee shall pay a transfer fee of 10
1158percent of the annual license tax to the division, except for
1159those licenses issued pursuant to s. 565.02(1) and subject to
1160the limitation imposed in s. 561.20(1), for which the transfer
1161fee shall be assessed on the average annual value of gross sales
1162of alcoholic beverages for the 3 years immediately preceding
1163transfer and levied at the rate of 4 mills, except that such
1164transfer fee shall not exceed $5,000; in lieu of the 4-mill
1165assessment, the transferor may elect to pay $5,000. Further, the
1166maximum fee shall be applied with respect to any such license
1167which has been inactive for the 3-year period. Records
1168establishing the value of such gross sales shall accompany the
1169application for transfer of the license, and falsification of
1170such records shall be punishable as provided in s. 562.45. All
1171transfer fees collected by the division on the transfer of
1172licenses issued pursuant to s. 565.02(1) and subject to the
1173limitation imposed in s. 561.20(1) shall be returned by the
1174division to the municipality in which such transferred license
1175is operated or, if operated in the unincorporated area of the
1176county, to the county in which such transferred license is
1177operated.
1178     Section 39.  For the purpose of incorporating the amendment
1179made by this act to section 455.227, Florida Statutes, in a
1180reference thereto, paragraph (a) of subsection (2) of section
1181468.436, Florida Statutes, is reenacted to read:
1182     468.436  Disciplinary proceedings.-
1183     (2)  The following acts constitute grounds for which the
1184disciplinary actions in subsection (4) may be taken:
1185     (a)  Violation of any provision of s. 455.227(1).
1186     Section 40.  For the purpose of incorporating the amendment
1187made by this act to section 455.227, Florida Statutes, in a
1188reference thereto, paragraph (a) of subsection (1) of section
1189468.832, Florida Statutes, is reenacted to read:
1190     468.832  Disciplinary proceedings.-
1191     (1)  The following acts constitute grounds for which the
1192disciplinary actions in subsection (2) may be taken:
1193     (a)  Violation of any provision of this part or s.
1194455.227(1);
1195     Section 41.  For the purpose of incorporating the amendment
1196made by this act to section 455.227, Florida Statutes, in a
1197reference thereto, paragraph (a) of subsection (1) of section
1198468.842, Florida Statutes, is reenacted to read:
1199     468.842  Disciplinary proceedings.-
1200     (1)  The following acts constitute grounds for which the
1201disciplinary actions in subsection (2) may be taken:
1202     (a)  Violation of any provision of this part or s.
1203455.227(1);
1204     Section 42.  For the purpose of incorporating the amendment
1205made by this act to section 455.227, Florida Statutes, in a
1206reference thereto, paragraph (a) of subsection (1) of section
1207471.033, Florida Statutes, is reenacted to read:
1208     471.033  Disciplinary proceedings.-
1209     (1)  The following acts constitute grounds for which the
1210disciplinary actions in subsection (3) may be taken:
1211     (a)  Violating any provision of s. 455.227(1), s. 471.025,
1212or s. 471.031, or any other provision of this chapter or rule of
1213the board or department.
1214     Section 43.  For the purpose of incorporating the amendment
1215made by this act to section 455.227, Florida Statutes, in a
1216reference thereto, paragraph (a) of subsection (1) of section
1217473.323, Florida Statutes, is reenacted to read:
1218     473.323  Disciplinary proceedings.-
1219     (1)  The following acts constitute grounds for which the
1220disciplinary actions in subsection (3) may be taken:
1221     (a)  Violation of any provision of s. 455.227(1) or any
1222other provision of this chapter.
1223     Section 44.  For the purpose of incorporating the amendment
1224made by this act to section 455.227, Florida Statutes, in a
1225reference thereto, paragraph (a) of subsection (1) of section
1226475.25, Florida Statutes, is reenacted to read:
1227     475.25  Discipline.-
1228     (1)  The commission may deny an application for licensure,
1229registration, or permit, or renewal thereof; may place a
1230licensee, registrant, or permittee on probation; may suspend a
1231license, registration, or permit for a period not exceeding 10
1232years; may revoke a license, registration, or permit; may impose
1233an administrative fine not to exceed $5,000 for each count or
1234separate offense; and may issue a reprimand, and any or all of
1235the foregoing, if it finds that the licensee, registrant,
1236permittee, or applicant:
1237     (a)  Has violated any provision of s. 455.227(1) or s.
1238475.42. However, licensees under this part are exempt from the
1239provisions of s. 455.227(1)(i).
1240     Section 45.  For the purpose of incorporating the amendment
1241made by this act to section 455.227, Florida Statutes, in a
1242reference thereto, subsection (1) of section 475.624, Florida
1243Statutes, is reenacted to read:
1244     475.624  Discipline.-The board may deny an application for
1245registration or certification; may investigate the actions of
1246any appraiser registered, licensed, or certified under this
1247part; may reprimand or impose an administrative fine not to
1248exceed $5,000 for each count or separate offense against any
1249such appraiser; and may revoke or suspend, for a period not to
1250exceed 10 years, the registration, license, or certification of
1251any such appraiser, or place any such appraiser on probation, if
1252it finds that the registered trainee, licensee, or
1253certificateholder:
1254     (1)  Has violated any provisions of this part or s.
1255455.227(1); however, certificateholders, registrants, and
1256licensees under this part are exempt from the provisions of s.
1257455.227(1)(i).
1258     Section 46.  For the purpose of incorporating the amendment
1259made by this act to section 455.227, Florida Statutes, in a
1260reference thereto, paragraph (h) of subsection (1) of section
1261476.204, Florida Statutes, is reenacted to read:
1262     476.204  Penalties.-
1263     (1)  It is unlawful for any person to:
1264     (h)  Violate any provision of s. 455.227(1), s. 476.194, or
1265s. 476.214.
1266     Section 47.  For the purpose of incorporating the amendment
1267made by this act to section 455.227, Florida Statutes, in a
1268reference thereto, paragraph (h) of subsection (1) of section
1269477.029, Florida Statutes, is reenacted to read:
1270     477.029  Penalty.-
1271     (1)  It is unlawful for any person to:
1272     (h)  Violate any provision of s. 455.227(1), s. 477.0265,
1273or s. 477.028.
1274     Section 48.  For the purpose of incorporating the amendment
1275made by this act to section 455.227, Florida Statutes, in a
1276reference thereto, paragraph (a) of subsection (1) of section
1277481.225, Florida Statutes, is reenacted to read:
1278     481.225  Disciplinary proceedings against registered
1279architects.-
1280     (1)  The following acts constitute grounds for which the
1281disciplinary actions in subsection (3) may be taken:
1282     (a)  Violating any provision of s. 455.227(1), s. 481.221,
1283or s. 481.223, or any rule of the board or department lawfully
1284adopted pursuant to this part or chapter 455.
1285     Section 49.  For the purpose of incorporating the amendment
1286made by this act to section 455.227, Florida Statutes, in a
1287reference thereto, paragraph (a) of subsection (1) of section
1288481.325, Florida Statutes, is reenacted to read:
1289     481.325  Disciplinary proceedings.-
1290     (1)  The following acts constitute grounds for which the
1291disciplinary actions in subsection (3) may be taken:
1292     (a)  Violation of any provision of s. 455.227(1), s.
1293481.321, or s. 481.323.
1294     Section 50.  For the purpose of incorporating the amendment
1295made by this act to section 468.832, Florida Statutes, in a
1296reference thereto, subsection (2) of section 468.8314, Florida
1297Statutes, is reenacted to read:
1298     468.8314  Licensure.-
1299     (2)  The department shall certify for licensure any
1300applicant who satisfies the requirements of s. 468.8313 and who
1301has passed the licensing examination. The department may refuse
1302to certify any applicant who has violated any of the provisions
1303of s. 468.832.
1304     Section 51.  This act shall take effect July 1, 2010.


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