May 31, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h0713c1
CS/HB 713

1
A bill to be entitled
2An act relating to the Department of Business and
3Professional Regulation; amending s. 20.165, F.S.;
4assigning certain programs to regulation by the
5department's Division of Professions; 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; delaying implementation of certain prohibited
44acts; exempting from punishment certain unlicensed
45activity occurring before a specified date; amending s.
46468.832, F.S.; providing an additional ground for
47discipline of licensed home inspectors; amending s.
48468.8324, F.S.; extending the time for licensure of home
49inspectors under certain grandfather provisions; revising
50the licensing criteria for such provisions; authorizing
51the department to investigate the validity of home
52inspection reports submitted for licensure under the
53grandfather provisions; providing penalties for the
54submission of false reports; creating s. 468.8325, F.S.;
55requiring the department to adopt rules; amending s.
56468.84, F.S.; creating the mold-related services licensing
57program within the department; amending s. 468.8412, F.S.;
58deleting limits on fees for certificates of authorization
59to conform to changes made by the act; amending s.
60468.8413, F.S.; requiring mold assessor and mold
61remediator license applicants to satisfy certain
62examination requirements before application for licensure;
63revising the educational requirements for licensure as a
64mold assessor or mold remediator; requiring criminal
65history checks and fees; amending s. 468.8414, F.S.;
66specifying that certain insurance coverage is required for
67licensure by endorsement; amending s. 468.8418, F.S.;
68deleting requirements for certificates of authorization
69for corporations or partnerships offering mold-related
70services; amending s. 468.8419, F.S.; revising prohibited
71acts by mold assessors and certain companies employing
72mold assessors or controlled by such companies; delaying
73implementation of certain prohibited acts; exempting from
74punishment certain unlicensed activity occurring before a
75specified date; amending s. 468.842, F.S.; providing an
76additional ground for discipline of licensed mold
77assessors and mold remediators; amending s. 468.8421,
78F.S.; revising insurance coverage requirements for mold
79assessors; amending s. 468.8423, F.S.; extending the time
80for licensure of mold assessors and mold remediators under
81certain grandfather provisions; revising the licensing
82criteria for such provisions; authorizing the department
83to investigate the validity of mold assessments and
84remediation invoices submitted for licensure under the
85grandfather provisions; providing penalties for the
86submission of false assessments or invoices; creating s.
87468.8424, F.S.; requiring the department to adopt rules;
88amending s. 474.203, F.S.; revising an exemption from
89regulation of intern or resident veterinarians; amending
90s. 475.02, F.S.; authorizing certain members of the
91Florida Real Estate Commission to offer, conduct, and
92teach courses prescribed or approved by the commission or
93the department; amending s. 475.175, F.S.; revising the
94application and fingerprint requirements for real estate
95broker and sales associate licenses; deleting a
96requirement that license applicants provide fingerprints
97in an electronic format; amending s. 475.613, F.S.;
98revising qualifications of members of the Florida Real
99Estate Appraisal Board; authorizing certain board members
100to offer, conduct, and teach courses prescribed or
101approved by the board or the department; amending s.
102477.019, F.S.; deleting time limits for cosmetology
103license applicants to take the licensure examination;
104conforming a cross-reference; amending s. 509.211, F.S.;
105assigning responsibility for the regulation of carbon
106monoxide hazards in certain public lodging establishments
107to the Division of State Fire Marshal of the Department of
108Financial Services; creating s. 548.076, F.S.; authorizing
109the Department of Business and Professional Regulation to
110issue and enforce notices to cease and desist from
111violations of provisions regulating pugilistic
112exhibitions; providing penalties; amending s. 561.17,
113F.S.; revising application requirements for alcoholic
114beverage licenses; reenacting ss. 468.436(2)(a),
115468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
116473.323(1)(a), 475.25(1)(a), 475.624(1), 476.204(1)(h),
117477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
118relating to disciplinary proceedings for community
119association managers, home inspectors, mold assessors,
120mold remediators, engineers, certified public accountants,
121real estate brokers and sales associates, real estate
122appraisers, barbers, cosmetologists, architects, and
123landscape architects, to incorporate the amendment made to
124s. 455.227, F.S., in references thereto; reenacting s.
125468.8314(2), F.S., relating to the licensure of home
126inspectors, to incorporate the amendment made to s.
127468.832, F.S., in a reference thereto; providing an
128effective date.
129
130Be It Enacted by the Legislature of the State of Florida:
131
132     Section 1.  Subsection (4) of section 20.165, Florida
133Statutes, is amended to read:
134     20.165  Department of Business and Professional
135Regulation.-There is created a Department of Business and
136Professional Regulation.
137     (4)(a)  The following boards and programs are established
138within the Division of Professions:
139     1.  Board of Architecture and Interior Design, created
140under part I of chapter 481.
141     2.  Florida Board of Auctioneers, created under part VI of
142chapter 468.
143     3.  Barbers' Board, created under chapter 476.
144     4.  Florida Building Code Administrators and Inspectors
145Board, created under part XII of chapter 468.
146     5.  Construction Industry Licensing Board, created under
147part I of chapter 489.
148     6.  Board of Cosmetology, created under chapter 477.
149     7.  Electrical Contractors' Licensing Board, created under
150part II of chapter 489.
151     8.  Board of Employee Leasing Companies, created under part
152XI of chapter 468.
153     9.  Board of Landscape Architecture, created under part II
154of chapter 481.
155     10.  Board of Pilot Commissioners, created under chapter
156310.
157     11.  Board of Professional Engineers, created under chapter
158471.
159     12.  Board of Professional Geologists, created under
160chapter 492.
161     13.  Board of Veterinary Medicine, created under chapter
162474.
163     14.  Home inspection services licensing program, created
164under part XV of chapter 468.
165     15.  Mold-related services licensing program, created under
166part XVI of chapter 468.
167     (b)  The following board and commission are established
168within the Division of Real Estate:
169     1.  Florida Real Estate Appraisal Board, created under part
170II of chapter 475.
171     2.  Florida Real Estate Commission, created under part I of
172chapter 475.
173     (c)  The following board is established within the Division
174of Certified Public Accounting:
175     1.  Board of Accountancy, created under chapter 473.
176     Section 2.  Subsection (2) of section 215.37, Florida
177Statutes, is amended to read:
178     215.37  Department of Business and Professional Regulation
179and the boards to be financed from fees collected; deposit of
180funds; service charge; appropriation.-
181     (2)  The regulation by the department of professions, as
182defined in s. 455.01 chapter 455, by the department shall be
183financed solely from revenue collected by it from fees and other
184charges and deposited in the Professional Regulation Trust Fund,
185and all such revenue is hereby appropriated to the department.
186However, it is legislative intent that each profession shall
187operate within its anticipated fees.
188     Section 3.  Section 455.017, Florida Statutes, is amended
189to read:
190     455.017  Applicability of this chapter.-The provisions of
191This chapter applies apply only to the regulation by the
192department of professions by the department.
193     Section 4.  Section 455.02, Florida Statutes, is amended to
194read:
195     455.02  Licensure of members of the Armed Forces in good
196standing with administrative boards and their spouses.-
197     (1)  Any member of the Armed Forces of the United States
198now or hereafter on active duty who, at the time of becoming
199such a member, was in good standing with any administrative
200board of the state and was entitled to practice or engage in his
201or her profession or vocation in the state shall be kept in good
202standing by such administrative board, without registering,
203paying dues or fees, or performing any other act on his or her
204part to be performed, as long as he or she is a member of the
205Armed Forces of the United States on active duty and for a
206period of 6 months after discharge from active duty as a member
207of the Armed Forces of the United States, if provided he or she
208is not engaged in his or her licensed profession or vocation in
209the private sector for profit.
210     (2)  The boards listed in s. 20.165 shall adopt promulgate
211rules that exempt exempting the spouse spouses of a member
212members of the Armed Forces of the United States from licensure
213renewal provisions, but only in cases of his or her absence from
214the state because of his or her spouse's their spouses' duties
215with the Armed Forces.
216     (3)(a)  The department may issue a temporary professional
217license to the spouse of an active duty member of the Armed
218Forces of the United States if the spouse applies to the
219department in the format prescribed by the department. An
220application must include:
221     1.  Proof that the applicant is married to a member of the
222Armed Forces of the United States who is on active duty.
223     2.  Proof that the applicant holds a valid license for the
224profession issued by another state, the District of Columbia,
225any possession or territory of the United States, or any foreign
226jurisdiction.
227     3.  Proof that the applicant's spouse is assigned to a duty
228station in this state and that the applicant is also assigned to
229a duty station in this state pursuant to the member's official
230active duty military orders.
231     4.  Proof that a complete set of the applicant's
232fingerprints are submitted to the Department of Law Enforcement
233for a statewide criminal history check. The Department of Law
234Enforcement shall forward the fingerprints to the Federal Bureau
235of Investigation for a national criminal history check. The
236department shall, and the board may, review the results of the
237criminal history checks according to the level 2 screening
238standards in s. 435.04 and determine whether the applicant meets
239the licensure requirements. The costs of fingerprint processing
240shall be borne by the applicant. If the applicant's fingerprints
241are submitted through an authorized agency or vendor, the agency
242or vendor shall collect the required processing fees and remit
243the fees to the Department of Law Enforcement.
244     (b)  An application must be accompanied by an application
245fee prescribed by the department that is sufficient to cover the
246cost of issuance of the temporary license.
247     (c)  A temporary license expires 6 months after the date of
248issuance and is not renewable.
249     Section 5.  Subsection (2) of section 455.213, Florida
250Statutes, is amended to read:
251     455.213  General licensing provisions.-
252     (2)  Before the issuance of any license, the department may
253charge an initial license fee as determined by rule of the
254applicable board or, if no such board exists, by rule of the
255department. Upon receipt of the appropriate license fee, except
256as provided in subsection (3), the department shall issue a
257license to any person certified by the appropriate board, or its
258designee, or the department when there is no board, as having
259met the applicable requirements imposed by law or rule. However,
260an applicant who is not otherwise qualified for licensure is not
261entitled to licensure solely based on a passing score on a
262required examination. Upon a determination by the department
263that it erroneously issued a license, or upon the revocation of
264a license by the applicable board, or by the department when
265there is no board, the licensee must surrender his or her
266license to the department.
267     Section 6.  Subsections (1) and (3) of section 455.217,
268Florida Statutes, are amended to read:
269     455.217  Examinations.-This section shall be read in
270conjunction with the appropriate practice act associated with
271each regulated profession under this chapter.
272     (1)  The Division of Professions Service Operations of the
273Department of Business and Professional Regulation shall
274provide, contract, or approve services for the development,
275preparation, administration, scoring, score reporting, and
276evaluation of all examinations. The division shall seek the
277advice of the appropriate board in providing such services.
278     (a)  The department, acting in conjunction with the
279Division of Service Operations, the Division of Professions, and
280the Division of Real Estate, as appropriate, shall ensure that
281examinations adequately and reliably measure an applicant's
282ability to practice the profession regulated by the department.
283After an examination developed or approved by the department has
284been administered, the board or department may reject any
285question which does not reliably measure the general areas of
286competency specified in the rules of the board or department,
287when there is no board. The department shall use qualified
288outside testing vendors for the development, preparation, and
289evaluation of examinations, when such services are economically
290and viably available and approved by the department.
291     (b)  For each examination developed by the department or
292contracted vendor, to the extent not otherwise specified by
293statute, the board or the department when there is no board,
294shall by rule specify the general areas of competency to be
295covered by the examination, the relative weight to be assigned
296in grading each area tested, the score necessary to achieve a
297passing grade, and the fees, where applicable, to cover the
298actual cost for any purchase, development, and administration of
299the required examination. However, statutory fee caps in each
300practice act shall apply. This subsection does not apply to
301national examinations approved and administered pursuant to
302paragraph (d).
303     (c)  If a practical examination is deemed to be necessary,
304rules shall specify the criteria by which examiners are to be
305selected, the grading criteria to be used by the examiner, the
306relative weight to be assigned in grading each criterion, and
307the score necessary to achieve a passing grade. When a mandatory
308standardization exercise for a practical examination is required
309by law, the board may conduct such exercise. Therefore, board
310members may serve as examiners at a practical examination with
311the consent of the board.
312     (d)  A board, or the department when there is no board, may
313approve by rule the use of any national examination which the
314department has certified as meeting requirements of national
315examinations and generally accepted testing standards pursuant
316to department rules. Providers of examinations, which may be
317either profit or nonprofit entities, seeking certification by
318the department shall pay the actual costs incurred by the
319department in making a determination regarding the
320certification. The department shall use any national examination
321which is available, certified by the department, and approved by
322the board. The name and number of a candidate may be provided to
323a national contractor for the limited purpose of preparing the
324grade tape and information to be returned to the board or
325department or, to the extent otherwise specified by rule, the
326candidate may apply directly to the vendor of the national
327examination. The department may delegate to the board the duty
328to provide and administer the examination. Any national
329examination approved by a board, or the department when there is
330no board, prior to October 1, 1997, is deemed certified under
331this paragraph. Any licensing or certification examination that
332is not developed or administered by the department in-house or
333provided as a national examination shall be competitively bid.
334     (e)  The department shall adopt rules regarding the
335security and monitoring of examinations. In order to maintain
336the security of examinations, the department may employ the
337procedures set forth in s. 455.228 to seek fines and injunctive
338relief against an examinee who violates the provisions of s.
339455.2175 or the rules adopted pursuant to this paragraph. The
340department, or any agent thereof, may, for the purposes of
341investigation, confiscate any written, photographic, or
342recording material or device in the possession of the examinee
343at the examination site which the department deems necessary to
344enforce such provisions or rules.
345     (f)  If the professional board with jurisdiction over an
346examination concurs, the department may, for a fee, share with
347any other state's licensing authority an examination developed
348by or for the department unless prohibited by a contract entered
349into by the department for development or purchase of the
350examination. The department, with the concurrence of the
351appropriate board, shall establish guidelines that ensure
352security of a shared exam and shall require that any other
353state's licensing authority comply with those guidelines. Those
354guidelines shall be approved by the appropriate professional
355board. All fees paid by the user shall be applied to the
356department's examination and development program for professions
357regulated by this chapter. All fees paid by the user for
358professions not regulated by this chapter shall be applied to
359offset the fees for the development and administration of that
360profession's examination. If both a written and a practical
361examination are given, an applicant shall be required to retake
362only the portion of the examination for which he or she failed
363to achieve a passing grade, if he or she successfully passes
364that portion within a reasonable time of his or her passing the
365other portion.
366     (3)  Except for national examinations approved and
367administered pursuant to paragraph (1)(d), the department shall
368provide procedures for applicants who have taken and failed an
369examination developed by the department or a contracted vendor
370to review their most recently administered examination
371questions, answers, papers, grades, and grading key for the
372questions the candidate answered incorrectly or, if not
373feasible, the parts of the examination failed. Applicants shall
374bear the actual cost for the department to provide examination
375review pursuant to this subsection. An applicant may waive in
376writing the confidentiality of his or her examination grades.
377     Section 7.  Section 455.2175, Florida Statutes, is amended
378to read:
379     455.2175  Penalty for theft or reproduction of an
380examination.-In addition to, or in lieu of, any other discipline
381imposed pursuant to s. 455.227, the theft of an examination in
382whole or in part or the act of reproducing or copying any
383examination administered by the department, whether such
384examination is reproduced or copied in part or in whole and by
385any means, constitutes a felony of the third degree, punishable
386as provided in s. 775.082, s. 775.083, or s. 775.084. An
387examinee whose examination materials are confiscated is not
388permitted to take another examination until the criminal
389investigation reveals that the examinee did not violate this
390section.
391     Section 8.  Paragraph (c) of subsection (1) of section
392455.227, Florida Statutes, is amended to read:
393     455.227  Grounds for discipline; penalties; enforcement.-
394     (1)  The following acts shall constitute grounds for which
395the disciplinary actions specified in subsection (2) may be
396taken:
397     (c)  Being convicted or found guilty of, or entering a plea
398of guilty or nolo contendere to, regardless of adjudication, a
399crime in any jurisdiction which relates to the practice of, or
400the ability to practice, a licensee's profession.
401     Section 9.  Subsection (1) of section 455.228, Florida
402Statutes, is amended to read:
403     455.228  Unlicensed practice of a profession; cease and
404desist notice; civil penalty; enforcement; citations; allocation
405of moneys collected.-
406     (1)  When the department has probable cause to believe that
407any person not licensed by the department, or the appropriate
408regulatory board within the department, has violated any
409provision of this chapter or any statute that relates to the
410practice of a profession regulated by the department, or any
411rule adopted pursuant thereto, the department may issue and
412deliver to such person a notice to cease and desist from such
413violation. In addition, the department may issue and deliver a
414notice to cease and desist to any person who aids and abets the
415unlicensed practice of a profession by employing such unlicensed
416person. The issuance of a notice to cease and desist shall not
417constitute agency action for which a hearing under ss. 120.569
418and 120.57 may be sought. For the purpose of enforcing a cease
419and desist notice order, the department may file a proceeding in
420the name of the state seeking issuance of an injunction or a
421writ of mandamus against any person who violates any provisions
422of such notice order. In addition to the foregoing remedies, the
423department may impose an administrative penalty not to exceed
424$5,000 per incident pursuant to the provisions of chapter 120 or
425may issue a citation pursuant to the provisions of subsection
426(3). If the department is required to seek enforcement of the
427notice order for a penalty pursuant to s. 120.569, it shall be
428entitled to collect its attorney's fees and costs, together with
429any cost of collection.
430     Section 10.  Section 455.274, Florida Statutes, is created
431to read:
432     455.274  Publication of legal advertisements and notices.-
433     (1)  Notwithstanding s. 49.10, when the department is
434required to publish a notice of action for any proceeding
435involving a licensee, in lieu of publishing the notice of action
436in a newspaper, the department may publish the notice of action
437for 4 consecutive weeks on the department's Internet website in
438a designated section of the website that pertains to the
439licensee's profession.
440     (2)  Notwithstanding s. 50.011, when the department is
441required or authorized to publish a legal advertisement or
442notice for any purpose described in s. 50.011 involving a
443licensee, in lieu of publishing the legal advertisement or
444notice in a newspaper, the department may publish the legal
445advertisement or notice on the department's Internet website in
446a designated section of the website that pertains to the
447licensee's profession.
448     (3)  Notwithstanding s. 120.60(5), when the department is
449required to publish notice to a licensee of the revocation,
450suspension, annulment, or withdrawal of his or her license, if
451personal service cannot be made to the licensee and the
452certified mail notice is returned undelivered, in lieu of
453publishing the notice in a newspaper, the department may publish
454the notice for 4 consecutive weeks on the department's Internet
455website in a designated section of the website that pertains to
456the licensee's profession.
457     Section 11.  Section 468.83, Florida Statutes, is amended
458to read:
459     468.83  Home inspection services licensing program;
460purpose.-
461     (1)  There is created within the department the home
462inspection services licensing program.
463     (2)  The Legislature recognizes that there is a need to
464require the licensing of home inspectors and to ensure that
465consumers of home inspection services can rely on the competence
466of home inspectors, as determined by educational and experience
467requirements and testing. Therefore, the Legislature deems it
468necessary in the interest of the public welfare to regulate home
469inspectors in this state.
470     Section 12.  Subsection (4) of section 468.8311, Florida
471Statutes, is amended to read:
472     468.8311  Definitions.-As used in this part, the term:
473     (4)  "Home inspection services" means a limited visual
474examination of one or more of the following readily accessible
475installed systems and components of a home: the structure,
476electrical system, HVAC system, roof covering, plumbing system,
477interior components, exterior components, and site conditions
478that affect the structure, for the purposes of providing a
479written professional opinion of the condition of the home.
480     Section 13.  Subsections (5) through (8) of section
481468.8312, Florida Statutes, are renumbered as subsections (4)
482through (7), respectively, and present subsection (4) of that
483section is amended to read:
484     468.8312  Fees.-
485     (4)  The fee for a certificate of authorization shall not
486exceed $125.
487     Section 14.  Subsections (1) and (2) of section 468.8313,
488Florida Statutes, are amended, and paragraph (d) is added to
489subsection (5) of that section, to read:
490     468.8313  Examinations.-
491     (1)  A person desiring to be licensed as a home inspector
492must shall apply to the department after satisfying the
493examination requirements of this part to take a licensure
494examination.
495     (2)  An applicant may shall be entitled to take the
496licensure examination for the purpose of determining whether he
497or she is qualified to practice in this state as a home
498inspector if he or she passes the required examination, the
499applicant is of good moral character, and completes has
500completed a course of study of at least no less than 120 hours
501that covers all of the following components of a home:
502structure, electrical system, HVAC system, roof covering,
503plumbing system, interior components, exterior components, and
504site conditions that affect the structure.
505     (5)
506     (d)  An initial applicant must submit a complete set of his
507or her fingerprints to the Department of Law Enforcement for a
508statewide criminal history check. The Department of Law
509Enforcement shall forward the fingerprints to the Federal Bureau
510of Investigation for a national criminal history check. The
511department shall review the results of the criminal history
512checks according to the level 2 screening standards in s. 435.04
513and determine whether the applicant meets the licensure
514requirements. The costs of fingerprint processing shall be borne
515by the applicant. If the applicant's fingerprints are submitted
516through an authorized agency or vendor, the agency or vendor
517shall collect the required processing fees and remit the fees to
518the Department of Law Enforcement.
519     Section 15.  Section 468.8318, Florida Statutes, is amended
520to read:
521     468.8318  Certification of corporations and partnerships.-
522     (1)  The department shall issue a certificate of
523authorization to a corporation or partnership offering home
524inspection services to the public if the corporation or
525partnership satisfies all of the requirements of this part.
526     (2)  The practice of or the offer to practice home
527inspection services by licensees through a corporation or
528partnership offering home inspection services to the public, or
529by a corporation or partnership offering such services to the
530public through licensees under this part as agents, employees,
531officers, or partners, is permitted subject to the provisions of
532this part, provided that all personnel of the corporation or
533partnership who act in its behalf as home inspectors in this
534state are licensed as provided by this part; and further
535provided that the corporation or partnership has been issued a
536certificate of authorization by the department as provided in
537this section. Nothing in this section shall be construed to
538allow a corporation to hold a license to practice home
539inspection services. No corporation or partnership shall be
540relieved of responsibility for the conduct or acts of its
541agents, employees, or officers by reason of its compliance with
542this section, nor shall any individual practicing home
543inspection services be relieved of responsibility for
544professional services performed by reason of his or her
545employment or relationship with a corporation or partnership.
546     (3)  For the purposes of this section, a certificate of
547authorization shall be required for a corporation, partnership,
548association, or person practicing under a fictitious name and
549offering home inspection services to the public; however, when
550an individual is practicing home inspection services in his or
551her own given name, he or she shall not be required to register
552under this section.
553     (4)  Each certificate of authorization shall be renewed
554every 2 years. Each partnership and corporation certified under
555this section shall notify the department within 1 month of any
556change in the information contained in the application upon
557which the certification is based.
558     (5)  Disciplinary action against a corporation or
559partnership shall be administered in the same manner and on the
560same grounds as disciplinary action against a licensed home
561inspector.
562     Section 16.  Section 468.8319, Florida Statutes, is amended
563to read:
564     468.8319  Prohibitions; penalties.-
565     (1)  A home inspector, a company that employs a home
566inspector, or a company that is controlled by a company that
567also has a financial interest in a company employing a home
568inspector may not:
569     (a)  Effective July 1, 2011, practice or offer to practice
570home inspection services unless the person has complied with the
571provisions of this part;
572     (b)  Effective July 1, 2011, use the name or title
573"certified home inspector," "registered home inspector,"
574"licensed home inspector," "home inspector," "professional home
575inspector," or any combination thereof unless the person has
576complied with the provisions of this part;
577     (c)  Present as his or her own the license of another;
578     (d)  Knowingly give false or forged evidence to the
579department or an employee thereof;
580     (e)  Use or attempt to use a license that has been
581suspended or revoked;
582     (f)  Perform or offer to perform, prior to closing, for any
583additional fee, any repairs to a home on which the inspector or
584the inspector's company has prepared a home inspection report.
585This paragraph does not apply to a home warranty company that is
586affiliated with or retains a home inspector to perform repairs
587pursuant to a claim made under a home warranty contract;
588     (g)  Inspect for a fee any property in which the inspector
589or the inspector's company has any financial or transfer
590interest;
591     (h)  Offer or deliver any compensation, inducement, or
592reward to any broker or agent therefor for the referral of the
593owner of the inspected property to the inspector or the
594inspection company; or
595     (i)  Accept an engagement to make an omission or prepare a
596report in which the inspection itself, or the fee payable for
597the inspection, is contingent upon either the conclusions in the
598report, preestablished findings, or the close of escrow.
599     (2)  Any person who is found to be in violation of any
600provision of this section commits a misdemeanor of the first
601degree, punishable as provided in s. 775.082 or s. 775.083.
602     (3)  This section does not apply to unlicensed activity as
603described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
604that occurs before July 1, 2011.
605     Section 17.  Paragraph (j) is added to subsection (1) of
606section 468.832, Florida Statutes, to read:
607     468.832  Disciplinary proceedings.-
608     (1)  The following acts constitute grounds for which the
609disciplinary actions in subsection (2) may be taken:
610     (j)  Failing to meet any standard of practice adopted by
611rule of the department.
612     Section 18.  Section 468.8324, Florida Statutes, is amended
613to read:
614     468.8324  Grandfather clause.-
615     (1)  A person who performs home inspection services as
616defined in this part may qualify for licensure to be licensed by
617the department as a home inspector if the person
618her application to the department by March 1,
619postmarked or delivered by that date, and if the
620the licensure requirements of this part by July 1, 2010.
621     (a)  Is certified as a home inspector by a state or
622national association that requires, for such certification,
623successful completion of a proctored examination on home
624inspection services and completes at least 14 hours of
625verifiable education on such services; or
626     (b)  At the time of application, has at least 3 years of
627experience as a home inspector and completes at least 14 hours
628of verifiable education on home inspection services. To
629establish the 3 years of experience, an applicant must submit at
630least 120 home inspection reports prepared by the applicant.
631     (2)  The department may investigate the validity of a home
632inspection report submitted under paragraph (1)(b) and, if the
633applicant submits a false report, may take disciplinary action
634against the applicant under s. 468.832(1)(e) or (g).
635     (3)  An applicant may not qualify for licensure under this
636section if he or she has had a home inspector license or a
637license in any related field revoked at any time or suspended
638within the previous 5 years or has been assessed a fine that
639exceeds $500 within the previous 5 years. For purposes of this
640subsection, a license in a related field includes, but is not
641limited to, licensure in real estate, construction, mold-related
642services, or building code administration or inspection.
643     (4)  An applicant for licensure under this section must
644comply with the criminal history, good moral character, and
645insurance requirements of this part.
646     Section 19.  Section 468.8325, Florida Statutes, is created
647to read:
648     468.8325  Rulemaking authority.-The department shall adopt
649rules to administer this part.
650     Section 20.  Section 468.84, Florida Statutes, is amended
651to read:
652     468.84  Mold-related services licensing program;
653legislative purpose.-
654     (1)  There is created within the department the mold-
655related services licensing program.
656     (2)  The Legislature finds it necessary in the interest of
657the public safety and welfare, to prevent damage to real and
658personal property, to avert economic injury to the residents of
659this state, and to regulate persons and companies that hold
660themselves out to the public as qualified to perform mold-
661related services.
662     Section 21.  Subsections (7) through (10) of section
663468.8412, Florida Statutes, are renumbered as subsections (6)
664through (9), respectively, and present subsection (6) of that
665section is amended to read:
666     468.8412  Fees.-
667     (6)  The fee for a biennial certificate of authorization
668renewal shall not exceed $400.
669     Section 22.  Subsections (1) and (2) of section 468.8413,
670Florida Statutes, are amended, and paragraph (d) is added to
671subsection (4) of that section, to read:
672     468.8413  Examinations.-
673     (1)  A person desiring to be licensed as a mold assessor or
674mold remediator must shall apply to the department after
675satisfying the examination requirements of this part to take a
676licensure examination.
677     (2)  An applicant may shall be entitled to take the
678licensure examination to practice in this state as a mold
679assessor or mold remediator if he or she passes the required
680examination, the applicant is of good moral character, and
681completes has satisfied one of the following requirements:
682     (a)1.  For a mold remediator, at least a 2-year associate
683of arts degree, or the equivalent, with at least 30 semester
684hours in microbiology, engineering, architecture, industrial
685hygiene, occupational safety, or a related field of science from
686an accredited institution and a minimum of 1 year of documented
687field experience in a field related to mold remediation; or
688     2.  A high school diploma or the equivalent with a minimum
689of 4 years of documented field experience in a field related to
690mold remediation.
691     (b)1.  For a mold assessor, at least a 2-year associate of
692arts degree, or the equivalent, with at least 30 semester hours
693in microbiology, engineering, architecture, industrial hygiene,
694occupational safety, or a related field of science from an
695accredited institution and a minimum of 1 year of documented
696field experience in conducting microbial sampling or
697investigations; or
698     2.  A high school diploma or the equivalent with a minimum
699of 4 years of documented field experience in conducting
700microbial sampling or investigations.
701     (4)
702     (d)  An initial applicant must submit a complete set of his
703or her fingerprints to the Department of Law Enforcement for a
704statewide criminal history check. The Department of Law
705Enforcement shall forward the fingerprints to the Federal Bureau
706of Investigation for a national criminal history check. The
707department shall review the results of the criminal history
708checks according to the level 2 screening standards in s. 435.04
709and determine whether the applicant meets the licensure
710requirements. The costs of fingerprint processing shall be borne
711by the applicant. If the applicant's fingerprints are submitted
712through an authorized agency or vendor, the agency or vendor
713shall collect the required processing fees and remit the fees to
714the Department of Law Enforcement.
715     Section 23.  Subsection (3) of section 468.8414, Florida
716Statutes, is amended to read:
717     468.8414  Licensure.-
718     (3)  The department shall certify as qualified for a
719license by endorsement an applicant who is of good moral
720character, who has the insurance coverage required under s.
721468.8421, and who:
722     (a)  Is qualified to take the examination as set forth in
723s. 468.8413 and has passed a certification examination offered
724by a nationally recognized organization that certifies persons
725in the specialty of mold assessment or mold remediation that has
726been approved by the department as substantially equivalent to
727the requirements of this part and s. 455.217; or
728     (b)  Holds a valid license to practice mold assessment or
729mold remediation issued by another state or territory of the
730United States if the criteria for issuance of the license were
731substantially the same as the licensure criteria that is
732established by this part as determined by the department.
733     Section 24.  Section 468.8418, Florida Statutes, is amended
734to read:
735     468.8418  Certification of partnerships and corporations.-
736     (1)  The department shall issue a certificate of
737authorization to a corporation or partnership offering mold
738assessment or mold remediation services to the public if the
739corporation or partnership satisfies all of the requirements of
740this part.
741     (2)  The practice of or the offer to practice mold
742assessment or mold remediation by licensees through a
743corporation or partnership offering mold assessment or mold
744remediation to the public, or by a corporation or partnership
745offering such services to the public through licensees under
746this part as agents, employees, officers, or partners, is
747permitted subject to the provisions of this part, provided that
748the corporation or partnership has been issued a certificate of
749authorization by the department as provided in this section.
750Nothing in this section shall be construed to allow a
751corporation to hold a license to practice mold assessment or
752mold remediation. No corporation or partnership shall be
753relieved of responsibility for the conduct or acts of its
754agents, employees, or officers by reason of its compliance with
755this section, nor shall any individual practicing mold
756assessment or mold remediation be relieved of responsibility for
757professional services performed by reason of his or her
758employment or relationship with a corporation or partnership.
759     (3)  For the purposes of this section, a certificate of
760authorization shall be required for a corporation, partnership,
761association, or person practicing under a fictitious name,
762offering mold assessment or mold remediation; however, when an
763individual is practicing mold assessment or mold remediation
764under his or her own given name, he or she shall not be required
765to register under this section.
766     (4)  Each certificate of authorization shall be renewed
767every 2 years. Each partnership and corporation certified under
768this section shall notify the department within 1 month of any
769change in the information contained in the application upon
770which the certification is based.
771     (5)  Disciplinary action against a corporation or
772partnership shall be administered in the same manner and on the
773same grounds as disciplinary action against a licensed mold
774assessor or mold remediator.
775     Section 25.  Section 468.8419, Florida Statutes, is amended
776to read:
777     468.8419  Prohibitions; penalties.-
778     (1)  A mold assessor, a company that employs a mold
779assessor, or a company that is controlled by a company that also
780has a financial interest in a company employing a mold assessor
781may not:
782     (a)  Effective July 1, 2011, perform or offer to perform
783any mold assessment unless the mold assessor has documented
784training in water, mold, and respiratory protection under s.
785468.8414(2).
786     (b)  Effective July 1, 2011, perform or offer to perform
787any mold assessment unless the person has complied with the
788provisions of this part.
789     (c)  Use the name or title "certified mold assessor,"
790"registered mold assessor," "licensed mold assessor," "mold
791assessor," "professional mold assessor," or any combination
792thereof unless the person has complied with the provisions of
793this part.
794     (d)  Perform or offer to perform any mold remediation to a
795structure on which the mold assessor or the mold assessor's
796company provided a mold assessment within the last 12 months.
797     (e)  Inspect for a fee any property in which the assessor
798or the assessor's company has any financial or transfer
799interest.
800     (f)  Accept any compensation, inducement, or reward from a
801mold remediator or mold remediator's company for the referral of
802any business to the mold remediator or the mold remediator's
803company.
804     (g)  Offer any compensation, inducement, or reward to a
805mold remediator or mold remediator's company for the referral of
806any business from the mold remediator or the mold remediator's
807company.
808     (h)  Accept an engagement to make an omission of the
809assessment or conduct an assessment in which the assessment
810itself, or the fee payable for the assessment, is contingent
811upon the conclusions of the assessment.
812     (2)  A mold remediator, a company that employs a mold
813remediator, or a company that is controlled by a company that
814also has a financial interest in a company employing a mold
815remediator may not:
816     (a)  Perform or offer to perform any mold remediation
817unless the remediator has documented training in water, mold,
818and respiratory protection under s. 468.8414(2).
819     (b)  Perform or offer to perform any mold remediation
820unless the person has complied with the provisions of this part.
821     (c)  Use the name or title "certified mold remediator,"
822"registered mold remediator," "licensed mold remediator," "mold
823remediator," "professional mold remediator," or any combination
824thereof unless the person has complied with the provisions of
825this part.
826     (d)  Perform or offer to perform any mold assessment to a
827structure on which the mold remediator or the mold remediator's
828company provided a mold remediation within the last 12 months.
829     (e)  Remediate for a fee any property in which the mold
830remediator or the mold remediator's company has any financial or
831transfer interest.
832     (f)  Accept any compensation, inducement, or reward from a
833mold assessor or mold assessor's company for the referral of any
834business from the mold assessor or the mold assessor's company.
835     (g)  Offer any compensation, inducement, or reward to a
836mold assessor or mold assessor's company for the referral of any
837business from the mold assessor or the mold assessor's company.
838     (3)  Any person who violates any provision of this section
839commits:
840     (a)  A misdemeanor of the second degree for a first
841violation, punishable as provided in s. 775.082 or s. 775.083.
842     (b)  A misdemeanor of the first degree for a second
843violation, punishable as provided in s. 775.082 or s. 775.083.
844     (c)  A felony of the third degree for a third or subsequent
845violation, punishable as provided in s. 775.082, s. 775.083, or
846s. 775.084.
847     (4)  This section does not apply to unlicensed activity as
848described in paragraph (1)(b), paragraph (1)(c), or s. 455.228
849that occurs before July 1, 2011.
850     Section 26.  Paragraph (j) is added to subsection (1) of
851section 468.842, Florida Statutes, to read:
852     468.842  Disciplinary proceedings.-
853     (1)  The following acts constitute grounds for which the
854disciplinary actions in subsection (2) may be taken:
855     (j)  Failing to meet any standard of practice adopted by
856rule of the department.
857     Section 27.  Subsection (1) of section 468.8421, Florida
858Statutes, is amended to read:
859     468.8421  Insurance.-
860     (1)  A mold assessor shall maintain general liability and
861errors and omissions for both preliminary and postremediation
862mold assessment insurance coverage in an amount of at least $1
863million not less than $1,000,000.
864     Section 28.  Section 468.8423, Florida Statutes, is amended
865to read:
866     468.8423  Grandfather clause.-
867     (1)  A person who performs mold assessment or mold
868remediation as defined in this part may qualify for licensure to
869be licensed by the department as a mold assessor or mold
870remediator if the person submits his or her application to the
871department by March 1, 2011, whether postmarked or delivered by
872that date, and if the person: meets the licensure requirements
873of this part by July 1, 2010.
874     (a)  Is certified as a mold assessor or mold remediator by
875a state or national association that requires, for such
876certification, successful completion of a proctored examination
877on mold assessment or mold remediation, as applicable, and
878completes at least 60 hours of education on mold assessment or
879at least 30 hours of education on mold remediation, as
880applicable; or
881     (b)  At the time of application, has at least 3 years of
882experience as a mold assessor or mold remediator. To establish
883the 3 years of experience, an applicant must submit at least 40
884mold assessments or remediation invoices prepared by the
885applicant.
886     (2)  The department may investigate the validity of a mold
887assessment or remediation invoice submitted under paragraph
888(1)(b) and, if the applicant submits a false assessment or
889invoice, may take disciplinary action against the applicant
890under s. 468.842(1)(e) or (g).
891     (3)  An applicant may not qualify for licensure under this
892section if he or she has had a mold assessor or mold remediator
893license or a license in any related field revoked at any time or
894suspended within the previous 5 years or has been assessed a
895fine that exceeds $500 within the previous 5 years. For purposes
896of this subsection, a license in a related field includes, but
897is not limited to, licensure in real estate, construction, home
898inspection, building code administration or inspection, or
899indoor air quality.
900     (4)  An applicant for licensure under this section must
901comply with the good moral character and insurance requirements
902of this part.
903     Section 29.  Section 468.8424, Florida Statutes, is created
904to read:
905     468.8424  Rulemaking authority.-The department shall adopt
906rules to administer this part.
907     Section 30.  Subsection (2) of section 474.203, Florida
908Statutes, is amended to read:
909     474.203  Exemptions.-This chapter shall not apply to:
910     (2)  A person practicing as an intern or resident
911veterinarian who does not hold a valid license issued under this
912chapter and who is a graduate in training at a school or college
913of veterinary medicine located in this state and accredited by
914the American Veterinary Medical Association Council on Education
915or a school or college recognized by the American Veterinary
916Medical Association Commission for Foreign Veterinary Graduates.
917Such intern or resident must be a graduate of a school or
918college of veterinary medicine accredited by the American
919Veterinary Medical Association Council on Education or a school
920or college of veterinary medicine recognized by the Educational
921Commission for Foreign Veterinary Graduates of the American
922Veterinary Medical Association. This exemption expires when such
923intern or resident completes or is terminated from such
924training. Each school or college at which such intern or
925resident is in training shall, on July 1 of each year, provide
926the board with a written list of all such interns or residents
927designated for this exemption, and the school or college shall
928also notify the board of any additions or deletions to the list.
929
930For the purposes of chapters 465 and 893, persons exempt
931pursuant to subsection (1), subsection (2), or subsection (4)
932are deemed to be duly licensed practitioners authorized by the
933laws of this state to prescribe drugs or medicinal supplies.
934     Section 31.  Section 475.02, Florida Statutes, is amended
935to read:
936     475.02  Florida Real Estate Commission.-
937     (1)  There is created within the department the Florida
938Real Estate Commission. The commission shall consist of seven
939members who shall be appointed by the Governor, subject to
940confirmation by the Senate. Four members must be licensed
941brokers, each of whom has held an active license for the 5 years
942preceding appointment; one member must be a licensed broker or a
943licensed sales associate who has held an active license for the
9442 years preceding appointment; and two members must be persons
945who are not, and have never been, brokers or sales associates.
946At least one member of the commission must be 60 years of age or
947older. The current members may complete their present terms
948unless removed for cause.
949     (2)  Members shall be appointed for 4-year terms.
950     (3)  Notwithstanding s. 112.313, any member of the
951commission who is a licensed real estate broker or sales
952associate and who holds an active real estate school permit,
953chief administrator permit, school instructor permit, or any
954combination of such permits issued by the department, to the
955extent authorized pursuant to such permit, may offer, conduct,
956or teach any course prescribed or approved by the commission or
957the department.
958     Section 32.  Paragraph (a) of subsection (1) of section
959475.175, Florida Statutes, is amended to read:
960     475.175  Examinations.-
961     (1)  A person shall be entitled to take the license
962examination to practice in this state if the person:
963     (a)  Submits to the department the appropriate signed or
964electronically authenticated application, digital fingerprint
965data, and fee, and a fingerprint card. The digital fingerprints
966fingerprint card shall be forwarded to the Division of Criminal
967Justice Information Systems within the Department of Law
968Enforcement for purposes of processing the fingerprints
969fingerprint card to determine if the applicant has a criminal
970history record. The fingerprints fingerprint card shall also be
971forwarded to the Federal Bureau of Investigation for purposes of
972processing the fingerprints fingerprint card to determine if the
973applicant has a criminal history record. The information
974obtained by the processing of the fingerprints fingerprint card
975by the Florida Department of Law Enforcement and the Federal
976Bureau of Investigation shall be sent to the department for the
977purpose of determining if the applicant is statutorily qualified
978for examination. Effective July 1, 2006, an applicant shall
979provide fingerprints in electronic format.
980     Section 33.  Section 475.613, Florida Statutes, is amended
981to read:
982     475.613  Florida Real Estate Appraisal Board.-
983     (1)  There is created the Florida Real Estate Appraisal
984Board, which shall consist of seven members appointed by the
985Governor, subject to confirmation by the Senate. Four members of
986the board must be real estate appraisers who have been engaged
987in the general practice of appraising real property in this
988state for at least 5 years immediately preceding appointment. In
989appointing real estate appraisers to the board, while not
990excluding other appraisers, the Governor shall give preference
991to real estate appraisers who are not primarily engaged in real
992estate brokerage or mortgage lending activities. One member of
993the board must represent organizations that use appraisals for
994the purpose of eminent domain proceedings, financial
995transactions, or mortgage insurance. Two members of the board
996shall be representatives of the general public and shall not be
997connected in any way with the practice of real estate appraisal,
998real estate brokerage, or mortgage lending. The appraiser
999members shall be as representative of the entire industry as
1000possible, and membership in a nationally recognized or state-
1001recognized appraisal organization shall not be a prerequisite to
1002membership on the board. To the extent possible, no more than
1003two members of the board shall be primarily affiliated with any
1004one particular national or state appraisal association. Two of
1005the members must be licensed or certified residential real
1006estate appraisers and two of the members must be certified
1007general real estate appraisers at the time of their appointment.
1008     (a)  Members of the board shall be appointed for 4-year
1009terms. Any vacancy occurring in the membership of the board
1010shall be filled by appointment by the Governor for the unexpired
1011term. Upon expiration of her or his term, a member of the board
1012shall continue to hold office until the appointment and
1013qualification of the member's successor. A member may not be
1014appointed for more than two consecutive terms. The Governor may
1015remove any member for cause.
1016     (b)  The headquarters for the board shall be in Orlando.
1017     (c)  The board shall meet at least once each calendar
1018quarter to conduct its business.
1019     (d)  The members of the board shall elect a chairperson at
1020the first meeting each year.
1021     (e)  Each member of the board is entitled to per diem and
1022travel expenses as set by legislative appropriation for each day
1023that the member engages in the business of the board.
1024     (2)  The board shall have, through its rules, full power to
1025regulate the issuance of licenses, certifications,
1026registrations, and permits; to discipline appraisers in any
1027manner permitted under this section; to establish qualifications
1028for licenses, certifications, registrations, and permits
1029consistent with this section; to regulate approved courses; to
1030establish standards for real estate appraisals; and to establish
1031standards for and regulate supervisory appraisers.
1032     (3)  Notwithstanding s. 112.313, any member of the board
1033who is a licensed or certified real estate appraiser and who
1034holds an active appraiser instructor permit issued by the
1035department, to the extent authorized pursuant to such permit,
1036may offer, conduct, or teach any course prescribed or approved
1037by the board or the department.
1038     Section 34.  Subsections (4) through (8) of section
1039477.019, Florida Statutes, are renumbered as subsections (3)
1040through (7), respectively, and paragraph (c) of subsection (2)
1041and present subsection (3) of that section are amended to read:
1042     477.019  Cosmetologists; qualifications; licensure;
1043supervised practice; license renewal; endorsement; continuing
1044education.-
1045     (2)  An applicant shall be eligible for licensure by
1046examination to practice cosmetology if the applicant:
1047     (c)1.  Is authorized to practice cosmetology in another
1048state or country, has been so authorized for at least 1 year,
1049and does not qualify for licensure by endorsement as provided
1050for in subsection (5) (6); or
1051     2.  Has received a minimum of 1,200 hours of training as
1052established by the board, which shall include, but shall not be
1053limited to, the equivalent of completion of services directly
1054related to the practice of cosmetology at one of the following:
1055     a.  A school of cosmetology licensed pursuant to chapter
10561005.
1057     b.  A cosmetology program within the public school system.
1058     c.  The Cosmetology Division of the Florida School for the
1059Deaf and the Blind, provided the division meets the standards of
1060this chapter.
1061     d.  A government-operated cosmetology program in this
1062state.
1063
1064The board shall establish by rule procedures whereby the school
1065or program may certify that a person is qualified to take the
1066required examination after the completion of a minimum of 1,000
1067actual school hours. If the person then passes the examination,
1068he or she shall have satisfied this requirement; but if the
1069person fails the examination, he or she shall not be qualified
1070to take the examination again until the completion of the full
1071requirements provided by this section.
1072     (3)  An application for the licensure examination for any
1073license under this section may be submitted for examination
1074approval in the last 100 hours of training by a pregraduate of a
1075licensed cosmetology school or a program within the public
1076school system, which school or program is certified by the
1077Department of Education with fees as required in paragraph
1078(2)(b). Upon approval, the applicant may schedule the
1079examination on a date when the training hours are completed. An
1080applicant shall have 6 months from the date of approval to take
1081the examination. After the 6 months have passed, if the
1082applicant failed to take the examination, the applicant must
1083reapply. The board shall establish by rule the procedures for
1084the pregraduate application process.
1085     Section 35.  Subsection (4) of section 509.211, Florida
1086Statutes, is amended to read:
1087     509.211  Safety regulations.-
1088     (4)  Every enclosed space or room that contains a boiler
1089regulated under chapter 554 which is fired by the direct
1090application of energy from the combustion of fuels and that is
1091located in any portion of a public lodging establishment that
1092also contains sleeping rooms shall be equipped with one or more
1093carbon monoxide sensor devices that bear the label of a
1094nationally recognized testing laboratory and have been tested
1095and listed as complying with the most recent Underwriters
1096Laboratories, Inc., Standard 2034, or its equivalent, unless it
1097is determined that carbon monoxide hazards have otherwise been
1098adequately mitigated as determined by the Division of State Fire
1099Marshal of the Department of Financial Services. Such devices
1100shall be integrated with the public lodging establishment's fire
1101detection system. Any such installation or determination shall
1102be made in accordance with rules adopted by the Division of
1103State Fire Marshal.
1104     Section 36.  Section 548.076, Florida Statutes, is created
1105to read:
1106     548.076  Cease and desist notices.-When the department has
1107probable cause to believe that any person not licensed by the
1108commission has violated any provision of this chapter, or any
1109rule adopted pursuant thereto, the department may issue and
1110deliver to such person a notice to cease and desist from such
1111violation. The department shall issue and enforce such cease and
1112desist notices in accordance with s. 455.228.
1113     Section 37.  Subsection (1) of section 561.17, Florida
1114Statutes, is amended to read:
1115     561.17  License and registration applications; approved
1116person.-
1117     (1)  Any person, before engaging in the business of
1118manufacturing, bottling, distributing, selling, or in any way
1119dealing in alcoholic beverages, shall file, with the district
1120licensing personnel of the district of the division in which the
1121place of business for which a license is sought is located, a
1122sworn application in the format prescribed duplicate on forms
1123provided to the district licensing personnel by the division.
1124The applicant must be a legal or business entity, person, or
1125persons and must include all persons, officers, shareholders,
1126and directors of such legal or business entity that have a
1127direct or indirect interest in the business seeking to be
1128licensed under this part. However, the applicant does not
1129include any person that derives revenue from the license solely
1130through a contractual relationship with the licensee, the
1131substance of which contractual relationship is not related to
1132the control of the sale of alcoholic beverages. Before Prior to
1133any application is being approved, the division may require the
1134applicant to file a set of fingerprints on regular United States
1135Department of Justice forms for herself or himself and for any
1136person or persons interested directly or indirectly with the
1137applicant in the business for which the license is being sought,
1138when so required by the division. If the applicant or any person
1139who is interested with the applicant either directly or
1140indirectly in the business or who has a security interest in the
1141license being sought or has a right to a percentage payment from
1142the proceeds of the business, either by lease or otherwise, is
1143not qualified, the division shall deny the application shall be
1144denied by the division. However, any company regularly traded on
1145a national securities exchange and not over the counter; any
1146insurer, as defined in the Florida Insurance Code; or any bank
1147or savings and loan association chartered by this state, another
1148state, or the United States which has an interest, directly or
1149indirectly, in an alcoholic beverage license is shall not be
1150required to obtain the division's division approval of its
1151officers, directors, or stockholders or any change of such
1152positions or interests. A shopping center with five or more
1153stores, one or more of which has an alcoholic beverage license
1154and is required under a lease common to all shopping center
1155tenants to pay no more than 10 percent of the gross proceeds of
1156the business holding the license to the shopping center, is
1157shall not be considered as having an interest, directly or
1158indirectly, in the license.
1159     Section 38.  For the purpose of incorporating the amendment
1160made by this act to section 455.227, Florida Statutes, in a
1161reference thereto, paragraph (a) of subsection (2) of section
1162468.436, Florida Statutes, is reenacted to read:
1163     468.436  Disciplinary proceedings.-
1164     (2)  The following acts constitute grounds for which the
1165disciplinary actions in subsection (4) may be taken:
1166     (a)  Violation of any provision of s. 455.227(1).
1167     Section 39.  For the purpose of incorporating the amendment
1168made by this act to section 455.227, Florida Statutes, in a
1169reference thereto, paragraph (a) of subsection (1) of section
1170468.832, Florida Statutes, is reenacted to read:
1171     468.832  Disciplinary proceedings.-
1172     (1)  The following acts constitute grounds for which the
1173disciplinary actions in subsection (2) may be taken:
1174     (a)  Violation of any provision of this part or s.
1175455.227(1);
1176     Section 40.  For the purpose of incorporating the amendment
1177made by this act to section 455.227, Florida Statutes, in a
1178reference thereto, paragraph (a) of subsection (1) of section
1179468.842, Florida Statutes, is reenacted to read:
1180     468.842  Disciplinary proceedings.-
1181     (1)  The following acts constitute grounds for which the
1182disciplinary actions in subsection (2) may be taken:
1183     (a)  Violation of any provision of this part or s.
1184455.227(1);
1185     Section 41.  For the purpose of incorporating the amendment
1186made by this act to section 455.227, Florida Statutes, in a
1187reference thereto, paragraph (a) of subsection (1) of section
1188471.033, Florida Statutes, is reenacted to read:
1189     471.033  Disciplinary proceedings.-
1190     (1)  The following acts constitute grounds for which the
1191disciplinary actions in subsection (3) may be taken:
1192     (a)  Violating any provision of s. 455.227(1), s. 471.025,
1193or s. 471.031, or any other provision of this chapter or rule of
1194the board or department.
1195     Section 42.  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
1198473.323, Florida Statutes, is reenacted to read:
1199     473.323  Disciplinary proceedings.-
1200     (1)  The following acts constitute grounds for which the
1201disciplinary actions in subsection (3) may be taken:
1202     (a)  Violation of any provision of s. 455.227(1) or any
1203other provision of this chapter.
1204     Section 43.  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
1207475.25, Florida Statutes, is reenacted to read:
1208     475.25  Discipline.-
1209     (1)  The commission may deny an application for licensure,
1210registration, or permit, or renewal thereof; may place a
1211licensee, registrant, or permittee on probation; may suspend a
1212license, registration, or permit for a period not exceeding 10
1213years; may revoke a license, registration, or permit; may impose
1214an administrative fine not to exceed $5,000 for each count or
1215separate offense; and may issue a reprimand, and any or all of
1216the foregoing, if it finds that the licensee, registrant,
1217permittee, or applicant:
1218     (a)  Has violated any provision of s. 455.227(1) or s.
1219475.42. However, licensees under this part are exempt from the
1220provisions of s. 455.227(1)(i).
1221     Section 44.  For the purpose of incorporating the amendment
1222made by this act to section 455.227, Florida Statutes, in a
1223reference thereto, subsection (1) of section 475.624, Florida
1224Statutes, is reenacted to read:
1225     475.624  Discipline.-The board may deny an application for
1226registration or certification; may investigate the actions of
1227any appraiser registered, licensed, or certified under this
1228part; may reprimand or impose an administrative fine not to
1229exceed $5,000 for each count or separate offense against any
1230such appraiser; and may revoke or suspend, for a period not to
1231exceed 10 years, the registration, license, or certification of
1232any such appraiser, or place any such appraiser on probation, if
1233it finds that the registered trainee, licensee, or
1234certificateholder:
1235     (1)  Has violated any provisions of this part or s.
1236455.227(1); however, certificateholders, registrants, and
1237licensees under this part are exempt from the provisions of s.
1238455.227(1)(i).
1239     Section 45.  For the purpose of incorporating the amendment
1240made by this act to section 455.227, Florida Statutes, in a
1241reference thereto, paragraph (h) of subsection (1) of section
1242476.204, Florida Statutes, is reenacted to read:
1243     476.204  Penalties.-
1244     (1)  It is unlawful for any person to:
1245     (h)  Violate any provision of s. 455.227(1), s. 476.194, or
1246s. 476.214.
1247     Section 46.  For the purpose of incorporating the amendment
1248made by this act to section 455.227, Florida Statutes, in a
1249reference thereto, paragraph (h) of subsection (1) of section
1250477.029, Florida Statutes, is reenacted to read:
1251     477.029  Penalty.-
1252     (1)  It is unlawful for any person to:
1253     (h)  Violate any provision of s. 455.227(1), s. 477.0265,
1254or s. 477.028.
1255     Section 47.  For the purpose of incorporating the amendment
1256made by this act to section 455.227, Florida Statutes, in a
1257reference thereto, paragraph (a) of subsection (1) of section
1258481.225, Florida Statutes, is reenacted to read:
1259     481.225  Disciplinary proceedings against registered
1260architects.-
1261     (1)  The following acts constitute grounds for which the
1262disciplinary actions in subsection (3) may be taken:
1263     (a)  Violating any provision of s. 455.227(1), s. 481.221,
1264or s. 481.223, or any rule of the board or department lawfully
1265adopted pursuant to this part or chapter 455.
1266     Section 48.  For the purpose of incorporating the amendment
1267made by this act to section 455.227, Florida Statutes, in a
1268reference thereto, paragraph (a) of subsection (1) of section
1269481.325, Florida Statutes, is reenacted to read:
1270     481.325  Disciplinary proceedings.-
1271     (1)  The following acts constitute grounds for which the
1272disciplinary actions in subsection (3) may be taken:
1273     (a)  Violation of any provision of s. 455.227(1), s.
1274481.321, or s. 481.323.
1275     Section 49.  For the purpose of incorporating the amendment
1276made by this act to section 468.832, Florida Statutes, in a
1277reference thereto, subsection (2) of section 468.8314, Florida
1278Statutes, is reenacted to read:
1279     468.8314  Licensure.-
1280     (2)  The department shall certify for licensure any
1281applicant who satisfies the requirements of s. 468.8313 and who
1282has passed the licensing examination. The department may refuse
1283to certify any applicant who has violated any of the provisions
1284of s. 468.832.
1285     Section 50.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader