May 31, 2020
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CS/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. 322.142, F.S.; authorizing the Department of
9Highway Safety and Motor Vehicles to issue reproductions
10of driver's licenses to the Department Business and
11Professional Regulation pursuant to an interagency
12agreement for a specified purpose; amending s. 455.02,
13F.S.; authorizing the temporary professional licensure of
14the spouses of active duty members of the United States
15Armed Forces under certain circumstances; providing
16application requirements; requiring criminal history
17checks and fees; creating s. 455.2122, F.S.; authorizing
18distance learning courses to satisfy certain licensing
19education requirements for community association managers
20and real estate brokers and sales associates; prohibiting
21requirements for centralized examinations to complete such
22education requirements; amending s. 455.2123, F.S.;
23authorizing distance learning courses to satisfy certain
24continuing education requirements for community
25association managers, home inspectors, mold assessors and
26remediators, and real estate brokers, sales associates,
27and appraisers; prohibiting requirements for centralized
28examinations to complete such education requirements;
29amending s. 455.213, F.S.; requiring a licensee to
30surrender his or her license under certain circumstances;
31amending s. 455.217, F.S.; revising the departmental unit
32responsible for administration of certain examinations;
33limiting an applicant's review of failed examination
34questions; amending s. 455.2175, F.S.; prohibiting an
35examinee whose examination materials are confiscated from
36taking another examination under certain circumstances;
37repealing s. 455.2226, F.S., relating to continuing
38education courses on HIV and AIDS required for licensees
39and certificateholders under the Florida Funeral,
40Cemetery, and Consumer Services Act; amending s. 455.227,
41F.S.; revising grounds for the discipline of professional
42licensees; providing penalties; amending s. 455.228, F.S.;
43revising terminology for cease and desist notices;
44amending s. 455.275, F.S.; providing for the service of
45administrative complaints on certain licensees and
46publication of certain notices; amending s. 468.83, F.S.;
47creating the home inspection services licensing program
48within the department; amending s. 468.8311, F.S.;
49revising the definition of the term "home inspection
50services" for purposes of provisions regulating home
51inspectors; amending s. 468.8312, F.S.; deleting limits on
52fees for certificates of authorization to conform to
53changes made by the act; amending s. 468.8313, F.S.;
54requiring home inspector license applicants to satisfy
55certain examination requirements before application for
56licensure; requiring criminal history checks and fees;
57amending s. 468.8318, F.S.; deleting requirements for
58certificates of authorization for corporations or
59partnerships offering home inspection services; amending
60s. 468.8319, F.S.; prohibiting certain acts relating to
61home inspection services; delaying implementation of
62certain prohibited acts; providing penalties; exempting
63from punishment certain unlicensed activity occurring
64before a specified date; amending s. 468.832, F.S.;
65providing an additional ground for discipline of licensed
66home inspectors; amending s. 468.8324, F.S.; extending the
67time for licensure of home inspectors under certain
68grandfather provisions; revising the licensing criteria
69for such provisions; authorizing the department to
70investigate the validity of home inspection reports
71submitted for licensure under the grandfather provisions;
72providing penalties for the submission of false reports;
73creating s. 468.8325, F.S.; requiring the department to
74adopt rules; amending s. 468.84, F.S.; creating the mold-
75related services licensing program within the department;
76amending s. 468.8412, F.S.; deleting limits on fees for
77certificates of authorization to conform to changes made
78by the act; amending s. 468.8413, F.S.; requiring mold
79assessor and mold remediator license applicants to satisfy
80certain examination requirements before application for
81licensure; revising the educational requirements for
82licensure as a mold assessor or mold remediator; requiring
83criminal history checks and fees; amending s. 468.8414,
84F.S.; specifying that certain insurance coverage is
85required for licensure by endorsement; amending s.
86468.8418, F.S.; deleting requirements for certificates of
87authorization for corporations or partnerships offering
88mold-related services; amending s. 468.8419, F.S.;
89prohibiting certain acts relating to mold assessment and
90remediation; delaying implementation of certain prohibited
91acts; providing penalties; exempting from punishment
92certain unlicensed activity occurring before a specified
93date; amending s. 468.842, F.S.; providing an additional
94ground for discipline of licensed mold assessors and mold
95remediators; amending s. 468.8421, F.S.; revising
96insurance coverage requirements for mold assessors;
97amending s. 468.8423, F.S.; extending the time for
98licensure of mold assessors and mold remediators under
99certain grandfather provisions; revising the licensing
100criteria for such provisions; authorizing the department
101to investigate the validity of mold assessments and
102remediation invoices submitted for licensure under the
103grandfather provisions; providing penalties for the
104submission of false assessments or invoices; creating s.
105468.8424, F.S.; requiring the department to adopt rules;
106amending s. 474.203, F.S.; revising certain exemptions
107from regulation of veterinary medical practice; amending
108s. 475.02, F.S.; authorizing certain members of the
109Florida Real Estate Commission to offer, conduct, and
110teach courses prescribed or approved by the commission or
111the department; amending s. 475.175, F.S.; revising the
112application and fingerprint requirements for real estate
113broker and sales associate licenses; deleting a
114requirement that license applicants provide fingerprints
115in an electronic format; amending s. 475.613, F.S.;
116revising qualifications of members of the Florida Real
117Estate Appraisal Board; authorizing certain board members
118to offer, conduct, and teach courses prescribed or
119approved by the board or the department; amending s.
120477.019, F.S.; deleting time limits for cosmetology
121license applicants to take the licensure examination;
122conforming a cross-reference; amending s. 509.211, F.S.;
123assigning responsibility for the regulation of carbon
124monoxide hazards in certain public lodging establishments
125to the Division of State Fire Marshal of the Department of
126Financial Services; creating s. 548.076, F.S.; authorizing
127the Department of Business and Professional Regulation to
128issue and enforce notices to cease and desist from
129violations of provisions regulating pugilistic
130exhibitions; providing penalties; amending s. 561.17,
131F.S.; revising application requirements for alcoholic
132beverage licenses; reenacting ss. 468.436(2)(a),
133468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
134473.323(1)(a), 475.25(1)(a), 475.624(1), 476.204(1)(h),
135477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
136relating to disciplinary proceedings for community
137association managers, home inspectors, mold assessors,
138mold remediators, engineers, certified public accountants,
139real estate brokers and sales associates, real estate
140appraisers, barbers, cosmetologists, architects, and
141landscape architects, to incorporate the amendment made to
142s. 455.227, F.S., in references thereto; reenacting s.
143468.8314(2), F.S., relating to the licensure of home
144inspectors, to incorporate the amendment made to s.
145468.832, F.S., in a reference thereto; providing an
146effective date.
147
148Be It Enacted by the Legislature of the State of Florida:
149
150     Section 1.  Subsection (4) of section 20.165, Florida
151Statutes, is amended to read:
152     20.165  Department of Business and Professional
153Regulation.-There is created a Department of Business and
154Professional Regulation.
155     (4)(a)  The following boards and programs are established
156within the Division of Professions:
157     1.  Board of Architecture and Interior Design, created
158under part I of chapter 481.
159     2.  Florida Board of Auctioneers, created under part VI of
160chapter 468.
161     3.  Barbers' Board, created under chapter 476.
162     4.  Florida Building Code Administrators and Inspectors
163Board, created under part XII of chapter 468.
164     5.  Construction Industry Licensing Board, created under
165part I of chapter 489.
166     6.  Board of Cosmetology, created under chapter 477.
167     7.  Electrical Contractors' Licensing Board, created under
168part II of chapter 489.
169     8.  Board of Employee Leasing Companies, created under part
170XI of chapter 468.
171     9.  Board of Landscape Architecture, created under part II
172of chapter 481.
173     10.  Board of Pilot Commissioners, created under chapter
174310.
175     11.  Board of Professional Engineers, created under chapter
176471.
177     12.  Board of Professional Geologists, created under
178chapter 492.
179     13.  Board of Veterinary Medicine, created under chapter
180474.
181     14.  Home inspection services licensing program, created
182under part XV of chapter 468.
183     15.  Mold-related services licensing program, created under
184part XVI of chapter 468.
185     (b)  The following board and commission are established
186within the Division of Real Estate:
187     1.  Florida Real Estate Appraisal Board, created under part
188II of chapter 475.
189     2.  Florida Real Estate Commission, created under part I of
190chapter 475.
191     (c)  The following board is established within the Division
192of Certified Public Accounting:
193     1.  Board of Accountancy, created under chapter 473.
194     Section 2.  Subsection (2) of section 215.37, Florida
195Statutes, is amended to read:
196     215.37  Department of Business and Professional Regulation
197and the boards to be financed from fees collected; deposit of
198funds; service charge; appropriation.-
199     (2)  The regulation by the department of professions, as
200defined in s. 455.01 chapter 455, by the department shall be
201financed solely from revenue collected by it from fees and other
202charges and deposited in the Professional Regulation Trust Fund,
203and all such revenue is hereby appropriated to the department.
204However, it is legislative intent that each profession shall
205operate within its anticipated fees.
206     Section 3.  Subsection (4) of section 322.142, Florida
207Statutes, is amended to read:
208     322.142  Color photographic or digital imaged licenses.-
209     (4)  The department may maintain a film negative or print
210file. The department shall maintain a record of the digital
211image and signature of the licensees, together with other data
212required by the department for identification and retrieval.
213Reproductions from the file or digital record are exempt from
214the provisions of s. 119.07(1) and shall be made and issued only
215for departmental administrative purposes; for the issuance of
216duplicate licenses; in response to law enforcement agency
217requests; to the Department of Business and Professional
218Regulation pursuant to an interagency agreement for the purpose
219of accessing digital images for reproduction of licenses issued
220by the Department of Business and Professional Regulation; to
221the Department of State pursuant to an interagency agreement to
222facilitate determinations of eligibility of voter registration
223applicants and registered voters in accordance with ss. 98.045
224and 98.075; to the Department of Revenue pursuant to an
225interagency agreement for use in establishing paternity and
226establishing, modifying, or enforcing support obligations in
227Title IV-D cases; to the Department of Children and Family
228Services pursuant to an interagency agreement to conduct
229protective investigations under part III of chapter 39; or to
230the Department of Financial Services pursuant to an interagency
231agreement to facilitate the location of owners of unclaimed
232property, the validation of unclaimed property claims, and the
233identification of fraudulent or false claims.
234     Section 4.  Section 455.017, Florida Statutes, is amended
235to read:
236     455.017  Applicability of this chapter.-The provisions of
237This chapter applies apply only to the regulation by the
238department of professions by the department.
239     Section 5.  Section 455.02, Florida Statutes, is amended to
240read:
241     455.02  Licensure of members of the Armed Forces in good
242standing with administrative boards and their spouses.-
243     (1)  Any member of the Armed Forces of the United States
244now or hereafter on active duty who, at the time of becoming
245such a member, was in good standing with any administrative
246board of the state and was entitled to practice or engage in his
247or her profession or vocation in the state shall be kept in good
248standing by such administrative board, without registering,
249paying dues or fees, or performing any other act on his or her
250part to be performed, as long as he or she is a member of the
251Armed Forces of the United States on active duty and for a
252period of 6 months after discharge from active duty as a member
253of the Armed Forces of the United States, if provided he or she
254is not engaged in his or her licensed profession or vocation in
255the private sector for profit.
256     (2)  The boards listed in s. 20.165 shall adopt promulgate
257rules that exempt exempting the spouse spouses of a member
258members of the Armed Forces of the United States from licensure
259renewal provisions, but only in cases of his or her absence from
260the state because of his or her spouse's their spouses' duties
261with the Armed Forces.
262     (3)(a)  The department may issue a temporary professional
263license to the spouse of an active duty member of the Armed
264Forces of the United States if the spouse applies to the
265department in the format prescribed by the department. An
266application must include:
267     1.  Proof that the applicant is married to a member of the
268Armed Forces of the United States who is on active duty.
269     2.  Proof that the applicant holds a valid license for the
270profession issued by another state, the District of Columbia,
271any possession or territory of the United States, or any foreign
272jurisdiction.
273     3.  Proof that the applicant's spouse is assigned to a duty
274station in this state and that the applicant is also assigned to
275a duty station in this state pursuant to the member's official
276active duty military orders.
277     4.  Proof that a complete set of the applicant's
278fingerprints are submitted to the Department of Law Enforcement
279for a statewide criminal history check. The Department of Law
280Enforcement shall forward the fingerprints to the Federal Bureau
281of Investigation for a national criminal history check. The
282department shall, and the board may, review the results of the
283criminal history checks according to the level 2 screening
284standards in s. 435.04 and determine whether the applicant meets
285the licensure requirements. The costs of fingerprint processing
286shall be borne by the applicant. If the applicant's fingerprints
287are submitted through an authorized agency or vendor, the agency
288or vendor shall collect the required processing fees and remit
289the fees to the Department of Law Enforcement.
290     (b)  An application must be accompanied by an application
291fee prescribed by the department that is sufficient to cover the
292cost of issuance of the temporary license.
293     (c)  A temporary license expires 6 months after the date of
294issuance and is not renewable.
295     Section 6.  Section 455.2122, Florida Statutes, is created
296to read:
297     455.2122  Education.-A board, or the department when there
298is no board, shall approve distance learning courses as an
299alternative to classroom courses to satisfy prelicensure or
300postlicensure education requirements in part VIII of chapter 468
301or part I of chapter 475. A board, or the department when there
302is no board, may not require centralized examinations for
303completion of prelicensure or postlicensure education
304requirements for professions licensed under part VIII of chapter
305468 or part I of chapter 475.
306     Section 7.  Section 455.2123, Florida Statutes, is amended
307to read:
308     455.2123  Continuing education.-A board, or the department
309when there is no board, may provide by rule that distance
310learning may be used to satisfy continuing education
311requirements. A board, or the department when there is no board,
312shall approve distance learning courses as an alternative to
313classroom courses to satisfy continuing education requirements
314in part VIII, part XV, or part XVI of chapter 468 or part I or
315part II of chapter 475 and may not require centralized
316examinations for completion of continuing education requirements
317for the professions licensed under part VIII, part XV, or part
318XVI of chapter 468 or part I or part II of chapter 475.
319     Section 8.  Subsection (2) of section 455.213, Florida
320Statutes, is amended to read:
321     455.213  General licensing provisions.-
322     (2)  Before the issuance of any license, the department may
323charge an initial license fee as determined by rule of the
324applicable board or, if no such board exists, by rule of the
325department. Upon receipt of the appropriate license fee, except
326as provided in subsection (3), the department shall issue a
327license to any person certified by the appropriate board, or its
328designee, or the department when there is no board, as having
329met the applicable requirements imposed by law or rule. However,
330an applicant who is not otherwise qualified for licensure is not
331entitled to licensure solely based on a passing score on a
332required examination. Upon a determination by the department
333that it erroneously issued a license, or upon the revocation of
334a license by the applicable board, or by the department when
335there is no board, the licensee must surrender his or her
336license to the department.
337     Section 9.  Subsections (1) and (3) of section 455.217,
338Florida Statutes, are amended to read:
339     455.217  Examinations.-This section shall be read in
340conjunction with the appropriate practice act associated with
341each regulated profession under this chapter.
342     (1)  The Division of Professions Service Operations of the
343Department of Business and Professional Regulation shall
344provide, contract, or approve services for the development,
345preparation, administration, scoring, score reporting, and
346evaluation of all examinations. The division shall seek the
347advice of the appropriate board in providing such services.
348     (a)  The department, acting in conjunction with the
349Division of Service Operations, the Division of Professions, and
350the Division of Real Estate, as appropriate, shall ensure that
351examinations adequately and reliably measure an applicant's
352ability to practice the profession regulated by the department.
353After an examination developed or approved by the department has
354been administered, the board or department may reject any
355question which does not reliably measure the general areas of
356competency specified in the rules of the board or department,
357when there is no board. The department shall use qualified
358outside testing vendors for the development, preparation, and
359evaluation of examinations, when such services are economically
360and viably available and approved by the department.
361     (b)  For each examination developed by the department or
362contracted vendor, to the extent not otherwise specified by
363statute, the board or the department when there is no board,
364shall by rule specify the general areas of competency to be
365covered by the examination, the relative weight to be assigned
366in grading each area tested, the score necessary to achieve a
367passing grade, and the fees, where applicable, to cover the
368actual cost for any purchase, development, and administration of
369the required examination. However, statutory fee caps in each
370practice act shall apply. This subsection does not apply to
371national examinations approved and administered pursuant to
372paragraph (d).
373     (c)  If a practical examination is deemed to be necessary,
374rules shall specify the criteria by which examiners are to be
375selected, the grading criteria to be used by the examiner, the
376relative weight to be assigned in grading each criterion, and
377the score necessary to achieve a passing grade. When a mandatory
378standardization exercise for a practical examination is required
379by law, the board may conduct such exercise. Therefore, board
380members may serve as examiners at a practical examination with
381the consent of the board.
382     (d)  A board, or the department when there is no board, may
383approve by rule the use of any national examination which the
384department has certified as meeting requirements of national
385examinations and generally accepted testing standards pursuant
386to department rules. Providers of examinations, which may be
387either profit or nonprofit entities, seeking certification by
388the department shall pay the actual costs incurred by the
389department in making a determination regarding the
390certification. The department shall use any national examination
391which is available, certified by the department, and approved by
392the board. The name and number of a candidate may be provided to
393a national contractor for the limited purpose of preparing the
394grade tape and information to be returned to the board or
395department or, to the extent otherwise specified by rule, the
396candidate may apply directly to the vendor of the national
397examination. The department may delegate to the board the duty
398to provide and administer the examination. Any national
399examination approved by a board, or the department when there is
400no board, prior to October 1, 1997, is deemed certified under
401this paragraph. Any licensing or certification examination that
402is not developed or administered by the department in-house or
403provided as a national examination shall be competitively bid.
404     (e)  The department shall adopt rules regarding the
405security and monitoring of examinations. In order to maintain
406the security of examinations, the department may employ the
407procedures set forth in s. 455.228 to seek fines and injunctive
408relief against an examinee who violates the provisions of s.
409455.2175 or the rules adopted pursuant to this paragraph. The
410department, or any agent thereof, may, for the purposes of
411investigation, confiscate any written, photographic, or
412recording material or device in the possession of the examinee
413at the examination site which the department deems necessary to
414enforce such provisions or rules.
415     (f)  If the professional board with jurisdiction over an
416examination concurs, the department may, for a fee, share with
417any other state's licensing authority an examination developed
418by or for the department unless prohibited by a contract entered
419into by the department for development or purchase of the
420examination. The department, with the concurrence of the
421appropriate board, shall establish guidelines that ensure
422security of a shared exam and shall require that any other
423state's licensing authority comply with those guidelines. Those
424guidelines shall be approved by the appropriate professional
425board. All fees paid by the user shall be applied to the
426department's examination and development program for professions
427regulated by this chapter. All fees paid by the user for
428professions not regulated by this chapter shall be applied to
429offset the fees for the development and administration of that
430profession's examination. If both a written and a practical
431examination are given, an applicant shall be required to retake
432only the portion of the examination for which he or she failed
433to achieve a passing grade, if he or she successfully passes
434that portion within a reasonable time of his or her passing the
435other portion.
436     (3)  Except for national examinations approved and
437administered pursuant to paragraph (1)(d), the department shall
438provide procedures for applicants who have taken and failed an
439examination developed by the department or a contracted vendor
440to review their most recently administered examination
441questions, answers, papers, grades, and grading key for the
442questions the candidate answered incorrectly or, if not
443feasible, the parts of the examination failed. Applicants shall
444bear the actual cost for the department to provide examination
445review pursuant to this subsection. An applicant may waive in
446writing the confidentiality of his or her examination grades.
447     Section 10.  Section 455.2175, Florida Statutes, is amended
448to read:
449     455.2175  Penalty for theft or reproduction of an
450examination.-In addition to, or in lieu of, any other discipline
451imposed pursuant to s. 455.227, the theft of an examination in
452whole or in part or the act of reproducing or copying any
453examination administered by the department, whether such
454examination is reproduced or copied in part or in whole and by
455any means, constitutes a felony of the third degree, punishable
456as provided in s. 775.082, s. 775.083, or s. 775.084. An
457examinee whose examination materials are confiscated is not
458permitted to take another examination until the criminal
459investigation reveals that the examinee did not violate this
460section.
461     Section 11.  Section 455.2226, Florida Statutes, is
462repealed.
463     Section 12.  Paragraph (c) of subsection (1) of section
464455.227, Florida Statutes, is amended to read:
465     455.227  Grounds for discipline; penalties; enforcement.-
466     (1)  The following acts shall constitute grounds for which
467the disciplinary actions specified in subsection (2) may be
468taken:
469     (c)  Being convicted or found guilty of, or entering a plea
470of guilty or nolo contendere to, regardless of adjudication, a
471crime in any jurisdiction which relates to the practice of, or
472the ability to practice, a licensee's profession.
473     Section 13.  Subsection (1) of section 455.228, Florida
474Statutes, is amended to read:
475     455.228  Unlicensed practice of a profession; cease and
476desist notice; civil penalty; enforcement; citations; allocation
477of moneys collected.-
478     (1)  When the department has probable cause to believe that
479any person not licensed by the department, or the appropriate
480regulatory board within the department, has violated any
481provision of this chapter or any statute that relates to the
482practice of a profession regulated by the department, or any
483rule adopted pursuant thereto, the department may issue and
484deliver to such person a notice to cease and desist from such
485violation. In addition, the department may issue and deliver a
486notice to cease and desist to any person who aids and abets the
487unlicensed practice of a profession by employing such unlicensed
488person. The issuance of a notice to cease and desist shall not
489constitute agency action for which a hearing under ss. 120.569
490and 120.57 may be sought. For the purpose of enforcing a cease
491and desist notice order, the department may file a proceeding in
492the name of the state seeking issuance of an injunction or a
493writ of mandamus against any person who violates any provisions
494of such notice order. In addition to the foregoing remedies, the
495department may impose an administrative penalty not to exceed
496$5,000 per incident pursuant to the provisions of chapter 120 or
497may issue a citation pursuant to the provisions of subsection
498(3). If the department is required to seek enforcement of the
499notice order for a penalty pursuant to s. 120.569, it shall be
500entitled to collect its attorney's fees and costs, together with
501any cost of collection.
502     Section 14.  Subsection (3) is added to section 455.275,
503Florida Statutes, to read:
504     455.275  Address of record.-
505     (3)(a)  Notwithstanding any provision of law, when an
506administrative complaint is served on a licensee of the
507department, the department shall provide service by regular mail
508to the licensee's last known address of record, by certified
509mail to the last known address of record, and, if possible, by
510e-mail.
511     (b)  If service, as provided in paragraph (a), does not
512provide the department with proof of service, the department
513shall call the last known telephone number of record and cause a
514short, plain notice to the licensee to be published once each
515week for 4 consecutive weeks in a newspaper published in the
516county of the licensee's last known address of record. If a
517newspaper is not published in the county, the administrative
518complaint may be published in a newspaper of general circulation
519in the county. If the licensee's last known address is located
520in another state or in a foreign jurisdiction, the
521administrative complaint may be published in Leon County
522pursuant to s. 120.60(5).
523     Section 15.  Section 468.83, Florida Statutes, is amended
524to read:
525     468.83  Home inspection services licensing program;
526purpose.-
527     (1)  There is created within the department the home
528inspection services licensing program.
529     (2)  The Legislature recognizes that there is a need to
530require the licensing of home inspectors and to ensure that
531consumers of home inspection services can rely on the competence
532of home inspectors, as determined by educational and experience
533requirements and testing. Therefore, the Legislature deems it
534necessary in the interest of the public welfare to regulate home
535inspectors in this state.
536     Section 16.  Subsection (4) of section 468.8311, Florida
537Statutes, is amended to read:
538     468.8311  Definitions.-As used in this part, the term:
539     (4)  "Home inspection services" means a limited visual
540examination of one or more of the following readily accessible
541installed systems and components of a home: the structure,
542electrical system, HVAC system, roof covering, plumbing system,
543interior components, exterior components, and site conditions
544that affect the structure, for the purposes of providing a
545written professional opinion of the condition of the home.
546     Section 17.  Subsections (5) through (8) of section
547468.8312, Florida Statutes, are renumbered as subsections (4)
548through (7), respectively, and present subsection (4) of that
549section is amended to read:
550     468.8312  Fees.-
551     (4)  The fee for a certificate of authorization shall not
552exceed $125.
553     Section 18.  Subsections (1) and (2) of section 468.8313,
554Florida Statutes, are amended, and paragraph (d) is added to
555subsection (5) of that section, to read:
556     468.8313  Examinations.-
557     (1)  A person desiring to be licensed as a home inspector
558must shall apply to the department after satisfying the
559examination requirements of this part to take a licensure
560examination.
561     (2)  An applicant may shall be entitled to take the
562licensure examination for the purpose of determining whether he
563or she is qualified to practice in this state as a home
564inspector if he or she passes the required examination, the
565applicant is of good moral character, and completes has
566completed a course of study of at least no less than 120 hours
567that covers all of the following components of a home:
568structure, electrical system, HVAC system, roof covering,
569plumbing system, interior components, exterior components, and
570site conditions that affect the structure.
571     (5)
572     (d)  An applicant for a license shall submit, together with
573the application, a complete set of electronic fingerprints to
574the department. The department shall submit the fingerprints to
575the Department of Law Enforcement for state processing, and the
576Department of Law Enforcement shall forward the fingerprints to
577the Federal Bureau of Investigation for national processing, to
578determine whether the applicant has a criminal history record.
579The department shall review the background results to determine
580whether the applicant meets licensure requirements. The
581applicant is responsible for the costs associated with
582processing the fingerprints. The authorized agencies or vendors
583shall collect such fees and pay for the processing costs due to
584the Department of Law Enforcement.
585     Section 19.  Section 468.8318, Florida Statutes, is amended
586to read:
587     468.8318  Certification of corporations and partnerships.-
588     (1)  The department shall issue a certificate of
589authorization to a corporation or partnership offering home
590inspection services to the public if the corporation or
591partnership satisfies all of the requirements of this part.
592     (2)  The practice of or the offer to practice home
593inspection services by licensees through a corporation or
594partnership offering home inspection services to the public, or
595by a corporation or partnership offering such services to the
596public through licensees under this part as agents, employees,
597officers, or partners, is permitted subject to the provisions of
598this part, provided that all personnel of the corporation or
599partnership who act in its behalf as home inspectors in this
600state are licensed as provided by this part; and further
601provided that the corporation or partnership has been issued a
602certificate of authorization by the department as provided in
603this section. Nothing in this section shall be construed to
604allow a corporation to hold a license to practice home
605inspection services. No corporation or partnership shall be
606relieved of responsibility for the conduct or acts of its
607agents, employees, or officers by reason of its compliance with
608this section, nor shall any individual practicing home
609inspection services be relieved of responsibility for
610professional services performed by reason of his or her
611employment or relationship with a corporation or partnership.
612     (3)  For the purposes of this section, a certificate of
613authorization shall be required for a corporation, partnership,
614association, or person practicing under a fictitious name and
615offering home inspection services to the public; however, when
616an individual is practicing home inspection services in his or
617her own given name, he or she shall not be required to register
618under this section.
619     (4)  Each certificate of authorization shall be renewed
620every 2 years. Each partnership and corporation certified under
621this section shall notify the department within 1 month of any
622change in the information contained in the application upon
623which the certification is based.
624     (5)  Disciplinary action against a corporation or
625partnership shall be administered in the same manner and on the
626same grounds as disciplinary action against a licensed home
627inspector.
628     Section 20.  Section 468.8319, Florida Statutes, is amended
629to read:
630     468.8319  Prohibitions; penalties.-
631     (1)  A person home inspector, a company that employs a home
632inspector, or a company that is controlled by a company that
633also has a financial interest in a company employing a home
634inspector may not:
635     (a)  Effective July 1, 2011, practice or offer to practice
636home inspection services unless the person has complied with the
637provisions of this part;
638     (b)  Effective July 1, 2011, use the name or title
639"certified home inspector," "registered home inspector,"
640"licensed home inspector," "home inspector," "professional home
641inspector," or any combination thereof unless the person has
642complied with the provisions of this part;
643     (c)  Present as his or her own the license of another;
644     (d)  Knowingly give false or forged evidence to the
645department or an employee thereof;
646     (e)  Use or attempt to use a license that has been
647suspended or revoked;
648     (f)  Perform or offer to perform, prior to closing, for any
649additional fee, any repairs to a home on which the inspector or
650the inspector's company has prepared a home inspection report.
651This paragraph does not apply to a home warranty company that is
652affiliated with or retains a home inspector to perform repairs
653pursuant to a claim made under a home warranty contract;
654     (g)  Inspect for a fee any property in which the inspector
655or the inspector's company has any financial or transfer
656interest;
657     (h)  Offer or deliver any compensation, inducement, or
658reward to any broker or agent therefor for the referral of the
659owner of the inspected property to the inspector or the
660inspection company; or
661     (i)  Accept an engagement to make an omission or prepare a
662report in which the inspection itself, or the fee payable for
663the inspection, is contingent upon either the conclusions in the
664report, preestablished findings, or the close of escrow.
665     (2)  Any person who is found to be in violation of any
666provision of this section commits a misdemeanor of the first
667degree, punishable as provided in s. 775.082 or s. 775.083.
668     (3)  This section does not apply to unlicensed activity as
669described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
670that occurs before July 1, 2011.
671     Section 21.  Paragraph (j) is added to subsection (1) of
672section 468.832, Florida Statutes, to read:
673     468.832  Disciplinary proceedings.-
674     (1)  The following acts constitute grounds for which the
675disciplinary actions in subsection (2) may be taken:
676     (j)  Failing to meet any standard of practice adopted by
677rule of the department.
678     Section 22.  Section 468.8324, Florida Statutes, is amended
679to read:
680     468.8324  Grandfather clause.-
681     (1)  A person who performs home inspection services as
682defined in this part may qualify for licensure to be licensed by
683the department as a home inspector if the person submits his or
684her application to the department by March 1, 2011, whether
685postmarked or delivered by that date, and if the person: meets
686the licensure requirements of this part by July 1, 2010.
687     (a)  Is certified as a home inspector by a state or
688national association that requires, for such certification,
689successful completion of a proctored examination on home
690inspection services and completes at least 14 hours of
691verifiable education on such services; or
692     (b)  At the time of application, has at least 3 years of
693experience as a home inspector and completes at least 14 hours
694of verifiable education on home inspection services. To
695establish the 3 years of experience, an applicant must submit at
696least 120 home inspection reports prepared by the applicant.
697     (2)  The department may investigate the validity of a home
698inspection report submitted under paragraph (1)(b) and, if the
699applicant submits a false report, may take disciplinary action
700against the applicant under s. 468.832(1)(e) or (g).
701     (3)  An applicant may not qualify for licensure under this
702section if he or she has had a home inspector license or a
703license in any related field revoked at any time or suspended
704within the previous 5 years or has been assessed a fine that
705exceeds $500 within the previous 5 years. For purposes of this
706subsection, a license in a related field includes, but is not
707limited to, licensure in real estate, construction, mold-related
708services, or building code administration or inspection.
709     (4)  An applicant for licensure under this section must
710comply with the criminal history, good moral character, and
711insurance requirements of this part.
712     Section 23.  Section 468.8325, Florida Statutes, is created
713to read:
714     468.8325  Rulemaking authority.-The department shall adopt
715rules to administer this part.
716     Section 24.  Section 468.84, Florida Statutes, is amended
717to read:
718     468.84  Mold-related services licensing program;
719legislative purpose.-
720     (1)  There is created within the department the mold-
721related services licensing program.
722     (2)  The Legislature finds it necessary in the interest of
723the public safety and welfare, to prevent damage to real and
724personal property, to avert economic injury to the residents of
725this state, and to regulate persons and companies that hold
726themselves out to the public as qualified to perform mold-
727related services.
728     Section 25.  Subsections (7) through (10) of section
729468.8412, Florida Statutes, are renumbered as subsections (6)
730through (9), respectively, and present subsection (6) of that
731section is amended to read:
732     468.8412  Fees.-
733     (6)  The fee for a biennial certificate of authorization
734renewal shall not exceed $400.
735     Section 26.  Subsections (1) and (2) of section 468.8413,
736Florida Statutes, are amended, and paragraph (d) is added to
737subsection (4) of that section, to read:
738     468.8413  Examinations.-
739     (1)  A person desiring to be licensed as a mold assessor or
740mold remediator must shall apply to the department after
741satisfying the examination requirements of this part to take a
742licensure examination.
743     (2)  An applicant may shall be entitled to take the
744licensure examination to practice in this state as a mold
745assessor or mold remediator if he or she passes the required
746examination, the applicant is of good moral character, and
747completes has satisfied one of the following requirements:
748     (a)1.  For a mold remediator, at least a 2-year associate
749of arts degree, or the equivalent, with at least 30 semester
750hours in microbiology, engineering, architecture, industrial
751hygiene, occupational safety, or a related field of science from
752an accredited institution and a minimum of 1 year of documented
753field experience in a field related to mold remediation; or
754     2.  A high school diploma or the equivalent with a minimum
755of 4 years of documented field experience in a field related to
756mold remediation.
757     (b)1.  For a mold assessor, at least a 2-year associate of
758arts degree, or the equivalent, with at least 30 semester hours
759in microbiology, engineering, architecture, industrial hygiene,
760occupational safety, or a related field of science from an
761accredited institution and a minimum of 1 year of documented
762field experience in conducting microbial sampling or
763investigations; or
764     2.  A high school diploma or the equivalent with a minimum
765of 4 years of documented field experience in conducting
766microbial sampling or investigations.
767     (4)
768     (d)  An applicant for a license shall submit, together with
769the application, a complete set of electronic fingerprints to
770the department. The department shall submit the fingerprints to
771the Department of Law Enforcement for state processing, and the
772Department of Law Enforcement shall forward the fingerprints to
773the Federal Bureau of Investigation for national processing, to
774determine whether the applicant has a criminal history record.
775The department shall review the background results to determine
776whether the applicant meets licensure requirements. The
777applicant is responsible for the costs associated with
778processing the fingerprints. The authorized agencies or vendors
779shall collect such fees and pay for the processing costs due to
780the Department of Law Enforcement.
781     Section 27.  Subsection (3) of section 468.8414, Florida
782Statutes, is amended to read:
783     468.8414  Licensure.-
784     (3)  The department shall certify as qualified for a
785license by endorsement an applicant who is of good moral
786character, who has the insurance coverage required under s.
787468.8421, and who:
788     (a)  Is qualified to take the examination as set forth in
789s. 468.8413 and has passed a certification examination offered
790by a nationally recognized organization that certifies persons
791in the specialty of mold assessment or mold remediation that has
792been approved by the department as substantially equivalent to
793the requirements of this part and s. 455.217; or
794     (b)  Holds a valid license to practice mold assessment or
795mold remediation issued by another state or territory of the
796United States if the criteria for issuance of the license were
797substantially the same as the licensure criteria that is
798established by this part as determined by the department.
799     Section 28.  Section 468.8418, Florida Statutes, is amended
800to read:
801     468.8418  Certification of partnerships and corporations.-
802     (1)  The department shall issue a certificate of
803authorization to a corporation or partnership offering mold
804assessment or mold remediation services to the public if the
805corporation or partnership satisfies all of the requirements of
806this part.
807     (2)  The practice of or the offer to practice mold
808assessment or mold remediation by licensees through a
809corporation or partnership offering mold assessment or mold
810remediation to the public, or by a corporation or partnership
811offering such services to the public through licensees under
812this part as agents, employees, officers, or partners, is
813permitted subject to the provisions of this part, provided that
814the corporation or partnership has been issued a certificate of
815authorization by the department as provided in this section.
816Nothing in this section shall be construed to allow a
817corporation to hold a license to practice mold assessment or
818mold remediation. No corporation or partnership shall be
819relieved of responsibility for the conduct or acts of its
820agents, employees, or officers by reason of its compliance with
821this section, nor shall any individual practicing mold
822assessment or mold remediation be relieved of responsibility for
823professional services performed by reason of his or her
824employment or relationship with a corporation or partnership.
825     (3)  For the purposes of this section, a certificate of
826authorization shall be required for a corporation, partnership,
827association, or person practicing under a fictitious name,
828offering mold assessment or mold remediation; however, when an
829individual is practicing mold assessment or mold remediation
830under his or her own given name, he or she shall not be required
831to register under this section.
832     (4)  Each certificate of authorization shall be renewed
833every 2 years. Each partnership and corporation certified under
834this section shall notify the department within 1 month of any
835change in the information contained in the application upon
836which the certification is based.
837     (5)  Disciplinary action against a corporation or
838partnership shall be administered in the same manner and on the
839same grounds as disciplinary action against a licensed mold
840assessor or mold remediator.
841     Section 29.  Section 468.8419, Florida Statutes, is amended
842to read:
843     468.8419  Prohibitions; penalties.-
844     (1)  A person mold assessor, a company that employs a mold
845assessor, or a company that is controlled by a company that also
846has a financial interest in a company employing a mold assessor
847may not:
848     (a)  Effective July 1, 2011, perform or offer to perform
849any mold assessment unless the mold assessor has documented
850training in water, mold, and respiratory protection under s.
851468.8414(2).
852     (b)  Effective July 1, 2011, perform or offer to perform
853any mold assessment unless the person has complied with the
854provisions of this part.
855     (c)  Use the name or title "certified mold assessor,"
856"registered mold assessor," "licensed mold assessor," "mold
857assessor," "professional mold assessor," or any combination
858thereof unless the person has complied with the provisions of
859this part.
860     (d)  Perform or offer to perform any mold remediation to a
861structure on which the mold assessor or the mold assessor's
862company provided a mold assessment within the last 12 months.
863     (e)  Inspect for a fee any property in which the assessor
864or the assessor's company has any financial or transfer
865interest.
866     (f)  Accept any compensation, inducement, or reward from a
867mold remediator or mold remediator's company for the referral of
868any business to the mold remediator or the mold remediator's
869company.
870     (g)  Offer any compensation, inducement, or reward to a
871mold remediator or mold remediator's company for the referral of
872any business from the mold remediator or the mold remediator's
873company.
874     (h)  Accept an engagement to make an omission of the
875assessment or conduct an assessment in which the assessment
876itself, or the fee payable for the assessment, is contingent
877upon the conclusions of the assessment.
878     (2)  A mold remediator, a company that employs a mold
879remediator, or a company that is controlled by a company that
880also has a financial interest in a company employing a mold
881remediator may not:
882     (a)  Perform or offer to perform any mold remediation
883unless the remediator has documented training in water, mold,
884and respiratory protection under s. 468.8414(2).
885     (b)  Perform or offer to perform any mold remediation
886unless the person has complied with the provisions of this part.
887     (c)  Use the name or title "certified mold remediator,"
888"registered mold remediator," "licensed mold remediator," "mold
889remediator," "professional mold remediator," or any combination
890thereof unless the person has complied with the provisions of
891this part.
892     (d)  Perform or offer to perform any mold assessment to a
893structure on which the mold remediator or the mold remediator's
894company provided a mold remediation within the last 12 months.
895     (e)  Remediate for a fee any property in which the mold
896remediator or the mold remediator's company has any financial or
897transfer interest.
898     (f)  Accept any compensation, inducement, or reward from a
899mold assessor or mold assessor's company for the referral of any
900business from the mold assessor or the mold assessor's company.
901     (g)  Offer any compensation, inducement, or reward to a
902mold assessor or mold assessor's company for the referral of any
903business from the mold assessor or the mold assessor's company.
904     (3)  Any person who violates any provision of this section
905commits:
906     (a)  A misdemeanor of the second degree for a first
907violation, punishable as provided in s. 775.082 or s. 775.083.
908     (b)  A misdemeanor of the first degree for a second
909violation, punishable as provided in s. 775.082 or s. 775.083.
910     (c)  A felony of the third degree for a third or subsequent
911violation, punishable as provided in s. 775.082, s. 775.083, or
912s. 775.084.
913     (4)  This section does not apply to unlicensed activity as
914described in paragraphs (1)(a)-(d) or s. 455.228 that occurs
915before July 1, 2011.
916     Section 30.  Paragraph (j) is added to subsection (1) of
917section 468.842, Florida Statutes, to read:
918     468.842  Disciplinary proceedings.-
919     (1)  The following acts constitute grounds for which the
920disciplinary actions in subsection (2) may be taken:
921     (j)  Failing to meet any standard of practice adopted by
922rule of the department.
923     Section 31.  Subsection (1) of section 468.8421, Florida
924Statutes, is amended to read:
925     468.8421  Insurance.-
926     (1)  A mold assessor shall maintain general liability and
927errors and omissions for both preliminary and postremediation
928mold assessment insurance coverage in an amount of at least $1
929million not less than $1,000,000.
930     Section 32.  Section 468.8423, Florida Statutes, is amended
931to read:
932     468.8423  Grandfather clause.-
933     (1)  A person who performs mold assessment or mold
934remediation as defined in this part may qualify for licensure to
935be licensed by the department as a mold assessor or mold
936remediator if the person submits his or her application to the
937department by March 1, 2011, whether postmarked or delivered by
938that date, and if the person: meets the licensure requirements
939of this part by July 1, 2010.
940     (a)  Is certified as a mold assessor or mold remediator by
941a state or national association that requires, for such
942certification, successful completion of a proctored examination
943on mold assessment or mold remediation, as applicable, and
944completes at least 60 hours of education on mold assessment or
945at least 30 hours of education on mold remediation, as
946applicable; or
947     (b)  At the time of application, has at least 3 years of
948experience as a mold assessor or mold remediator. To establish
949the 3 years of experience, an applicant must submit at least 40
950mold assessments or remediation invoices prepared by the
951applicant.
952     (2)  The department may investigate the validity of a mold
953assessment or remediation invoice submitted under paragraph
954(1)(b) and, if the applicant submits a false assessment or
955invoice, may take disciplinary action against the applicant
956under s. 468.842(1)(e) or (g).
957     (3)  An applicant may not qualify for licensure under this
958section if he or she has had a mold assessor or mold remediator
959license or a license in any related field revoked at any time or
960suspended within the previous 5 years or has been assessed a
961fine that exceeds $500 within the previous 5 years. For purposes
962of this subsection, a license in a related field includes, but
963is not limited to, licensure in real estate, construction, home
964inspection, building code administration or inspection, or
965indoor air quality.
966     (4)  An applicant for licensure under this section must
967comply with the good moral character and insurance requirements
968of this part.
969     Section 33.  Section 468.8424, Florida Statutes, is created
970to read:
971     468.8424  Rulemaking authority.-The department shall adopt
972rules to administer this part.
973     Section 34.  Subsection (2) and paragraph (a) of subsection
974(5) of section 474.203, Florida Statutes, are amended to read:
975     474.203  Exemptions.-This chapter shall not apply to:
976     (2)  A person practicing as an intern or resident
977veterinarian who does not hold a valid license issued under this
978chapter and who is a graduate in training at a school or college
979of veterinary medicine located in this state and accredited by
980the American Veterinary Medical Association Council on Education
981or a school or college recognized by the American Veterinary
982Medical Association Commission for Foreign Veterinary Graduates.
983Such intern or resident must be a graduate of a school or
984college of veterinary medicine accredited by the American
985Veterinary Medical Association Council on Education or a school
986or college of veterinary medicine recognized by the Educational
987Commission for Foreign Veterinary Graduates of the American
988Veterinary Medical Association. This exemption expires when such
989intern or resident completes or is terminated from such
990training. Each school or college at which such intern or
991resident is in training shall, on July 1 of each year, provide
992the board with a written list of all such interns or residents
993designated for this exemption, and the school or college shall
994also notify the board of any additions or deletions to the list.
995     (5)(a)  Any person, or the person's regular employee,
996administering to the ills or injuries of her or his own animals,
997including, but not limited to, castration, spaying, and
998dehorning of herd animals, unless title is has been transferred
999or employment provided for the purpose of circumventing this
1000law. This exemption does shall not apply to any person licensed
1001as a veterinarian in another state or foreign jurisdiction and
1002is out-of-state veterinarians practicing temporarily in this the
1003state. However, only a veterinarian may immunize or treat an
1004animal for diseases which are communicable to humans and which
1005are of public health significance.
1006
1007For the purposes of chapters 465 and 893, persons exempt
1008pursuant to subsection (1), subsection (2), or subsection (4)
1009are deemed to be duly licensed practitioners authorized by the
1010laws of this state to prescribe drugs or medicinal supplies.
1011     Section 35.  Section 475.02, Florida Statutes, is amended
1012to read:
1013     475.02  Florida Real Estate Commission.-
1014     (1)  There is created within the department the Florida
1015Real Estate Commission. The commission shall consist of seven
1016members who shall be appointed by the Governor, subject to
1017confirmation by the Senate. Four members must be licensed
1018brokers, each of whom has held an active license for the 5 years
1019preceding appointment; one member must be a licensed broker or a
1020licensed sales associate who has held an active license for the
10212 years preceding appointment; and two members must be persons
1022who are not, and have never been, brokers or sales associates.
1023At least one member of the commission must be 60 years of age or
1024older. The current members may complete their present terms
1025unless removed for cause.
1026     (2)  Members shall be appointed for 4-year terms.
1027     (3)  Notwithstanding s. 112.313, any member of the
1028commission who is a licensed real estate broker or sales
1029associate and who holds an active real estate school permit,
1030chief administrator permit, school instructor permit, or any
1031combination of such permits issued by the department, to the
1032extent authorized pursuant to such permit, may offer, conduct,
1033or teach any course prescribed or approved by the commission or
1034the department.
1035     Section 36.  Paragraph (a) of subsection (1) of section
1036475.175, Florida Statutes, is amended to read:
1037     475.175  Examinations.-
1038     (1)  A person shall be entitled to take the license
1039examination to practice in this state if the person:
1040     (a)  Submits to the department the appropriate signed or
1041electronically authenticated application, digital fingerprint
1042data, and fee, and a fingerprint card. The digital fingerprints
1043fingerprint card shall be forwarded to the Division of Criminal
1044Justice Information Systems within the Department of Law
1045Enforcement for purposes of processing the fingerprints
1046fingerprint card to determine if the applicant has a criminal
1047history record. The fingerprints fingerprint card shall also be
1048forwarded to the Federal Bureau of Investigation for purposes of
1049processing the fingerprints fingerprint card to determine if the
1050applicant has a criminal history record. The information
1051obtained by the processing of the fingerprints fingerprint card
1052by the Florida Department of Law Enforcement and the Federal
1053Bureau of Investigation shall be sent to the department for the
1054purpose of determining if the applicant is statutorily qualified
1055for examination. Effective July 1, 2006, an applicant shall
1056provide fingerprints in electronic format.
1057     Section 37.  Section 475.613, Florida Statutes, is amended
1058to read:
1059     475.613  Florida Real Estate Appraisal Board.-
1060     (1)  There is created the Florida Real Estate Appraisal
1061Board, which shall consist of seven members appointed by the
1062Governor, subject to confirmation by the Senate. Four members of
1063the board must be real estate appraisers who have been engaged
1064in the general practice of appraising real property in this
1065state for at least 5 years immediately preceding appointment. In
1066appointing real estate appraisers to the board, while not
1067excluding other appraisers, the Governor shall give preference
1068to real estate appraisers who are not primarily engaged in real
1069estate brokerage or mortgage lending activities. One member of
1070the board must represent organizations that use appraisals for
1071the purpose of eminent domain proceedings, financial
1072transactions, or mortgage insurance. Two members of the board
1073shall be representatives of the general public and shall not be
1074connected in any way with the practice of real estate appraisal,
1075real estate brokerage, or mortgage lending. The appraiser
1076members shall be as representative of the entire industry as
1077possible, and membership in a nationally recognized or state-
1078recognized appraisal organization shall not be a prerequisite to
1079membership on the board. To the extent possible, no more than
1080two members of the board shall be primarily affiliated with any
1081one particular national or state appraisal association. Two of
1082the members must be licensed or certified residential real
1083estate appraisers and two of the members must be certified
1084general real estate appraisers at the time of their appointment.
1085     (a)  Members of the board shall be appointed for 4-year
1086terms. Any vacancy occurring in the membership of the board
1087shall be filled by appointment by the Governor for the unexpired
1088term. Upon expiration of her or his term, a member of the board
1089shall continue to hold office until the appointment and
1090qualification of the member's successor. A member may not be
1091appointed for more than two consecutive terms. The Governor may
1092remove any member for cause.
1093     (b)  The headquarters for the board shall be in Orlando.
1094     (c)  The board shall meet at least once each calendar
1095quarter to conduct its business.
1096     (d)  The members of the board shall elect a chairperson at
1097the first meeting each year.
1098     (e)  Each member of the board is entitled to per diem and
1099travel expenses as set by legislative appropriation for each day
1100that the member engages in the business of the board.
1101     (2)  The board shall have, through its rules, full power to
1102regulate the issuance of licenses, certifications,
1103registrations, and permits; to discipline appraisers in any
1104manner permitted under this section; to establish qualifications
1105for licenses, certifications, registrations, and permits
1106consistent with this section; to regulate approved courses; to
1107establish standards for real estate appraisals; and to establish
1108standards for and regulate supervisory appraisers.
1109     (3)  Notwithstanding s. 112.313, any member of the board
1110who is a licensed or certified real estate appraiser and who
1111holds an active appraiser instructor permit issued by the
1112department, to the extent authorized pursuant to such permit,
1113may offer, conduct, or teach any course prescribed or approved
1114by the board or the department.
1115     Section 38.  Subsections (4) through (8) of section
1116477.019, Florida Statutes, are renumbered as subsections (3)
1117through (7), respectively, and paragraph (c) of subsection (2)
1118and present subsection (3) of that section are amended to read:
1119     477.019  Cosmetologists; qualifications; licensure;
1120supervised practice; license renewal; endorsement; continuing
1121education.-
1122     (2)  An applicant shall be eligible for licensure by
1123examination to practice cosmetology if the applicant:
1124     (c)1.  Is authorized to practice cosmetology in another
1125state or country, has been so authorized for at least 1 year,
1126and does not qualify for licensure by endorsement as provided
1127for in subsection (5) (6); or
1128     2.  Has received a minimum of 1,200 hours of training as
1129established by the board, which shall include, but shall not be
1130limited to, the equivalent of completion of services directly
1131related to the practice of cosmetology at one of the following:
1132     a.  A school of cosmetology licensed pursuant to chapter
11331005.
1134     b.  A cosmetology program within the public school system.
1135     c.  The Cosmetology Division of the Florida School for the
1136Deaf and the Blind, provided the division meets the standards of
1137this chapter.
1138     d.  A government-operated cosmetology program in this
1139state.
1140
1141The board shall establish by rule procedures whereby the school
1142or program may certify that a person is qualified to take the
1143required examination after the completion of a minimum of 1,000
1144actual school hours. If the person then passes the examination,
1145he or she shall have satisfied this requirement; but if the
1146person fails the examination, he or she shall not be qualified
1147to take the examination again until the completion of the full
1148requirements provided by this section.
1149     (3)  An application for the licensure examination for any
1150license under this section may be submitted for examination
1151approval in the last 100 hours of training by a pregraduate of a
1152licensed cosmetology school or a program within the public
1153school system, which school or program is certified by the
1154Department of Education with fees as required in paragraph
1155(2)(b). Upon approval, the applicant may schedule the
1156examination on a date when the training hours are completed. An
1157applicant shall have 6 months from the date of approval to take
1158the examination. After the 6 months have passed, if the
1159applicant failed to take the examination, the applicant must
1160reapply. The board shall establish by rule the procedures for
1161the pregraduate application process.
1162     Section 39.  Subsection (4) of section 509.211, Florida
1163Statutes, is amended to read:
1164     509.211  Safety regulations.-
1165     (4)  Every enclosed space or room that contains a boiler
1166regulated under chapter 554 which is fired by the direct
1167application of energy from the combustion of fuels and that is
1168located in any portion of a public lodging establishment that
1169also contains sleeping rooms shall be equipped with one or more
1170carbon monoxide sensor devices that bear the label of a
1171nationally recognized testing laboratory and have been tested
1172and listed as complying with the most recent Underwriters
1173Laboratories, Inc., Standard 2034, or its equivalent, unless it
1174is determined that carbon monoxide hazards have otherwise been
1175adequately mitigated as determined by the Division of State Fire
1176Marshal of the Department of Financial Services. Such devices
1177shall be integrated with the public lodging establishment's fire
1178detection system. Any such installation or determination shall
1179be made in accordance with rules adopted by the Division of
1180State Fire Marshal.
1181     Section 40.  Section 548.076, Florida Statutes, is created
1182to read:
1183     548.076  Cease and desist notices.-When the department has
1184probable cause to believe that any person not licensed by the
1185commission has violated any provision of this chapter, or any
1186rule adopted pursuant thereto, the department may issue and
1187deliver to such person a notice to cease and desist from such
1188violation. The department shall issue and enforce such cease and
1189desist notices in accordance with s. 455.228.
1190     Section 41.  Subsection (1) of section 561.17, Florida
1191Statutes, is amended to read:
1192     561.17  License and registration applications; approved
1193person.-
1194     (1)  Any person, before engaging in the business of
1195manufacturing, bottling, distributing, selling, or in any way
1196dealing in alcoholic beverages, shall file, with the district
1197licensing personnel of the district of the division in which the
1198place of business for which a license is sought is located, a
1199sworn application in the format prescribed duplicate on forms
1200provided to the district licensing personnel by the division.
1201The applicant must be a legal or business entity, person, or
1202persons and must include all persons, officers, shareholders,
1203and directors of such legal or business entity that have a
1204direct or indirect interest in the business seeking to be
1205licensed under this part. However, the applicant does not
1206include any person that derives revenue from the license solely
1207through a contractual relationship with the licensee, the
1208substance of which contractual relationship is not related to
1209the control of the sale of alcoholic beverages. Before Prior to
1210any application is being approved, the division may require the
1211applicant to file a set of fingerprints on regular United States
1212Department of Justice forms for herself or himself and for any
1213person or persons interested directly or indirectly with the
1214applicant in the business for which the license is being sought,
1215when so required by the division. If the applicant or any person
1216who is interested with the applicant either directly or
1217indirectly in the business or who has a security interest in the
1218license being sought or has a right to a percentage payment from
1219the proceeds of the business, either by lease or otherwise, is
1220not qualified, the division shall deny the application shall be
1221denied by the division. However, any company regularly traded on
1222a national securities exchange and not over the counter; any
1223insurer, as defined in the Florida Insurance Code; or any bank
1224or savings and loan association chartered by this state, another
1225state, or the United States which has an interest, directly or
1226indirectly, in an alcoholic beverage license is shall not be
1227required to obtain the division's division approval of its
1228officers, directors, or stockholders or any change of such
1229positions or interests. A shopping center with five or more
1230stores, one or more of which has an alcoholic beverage license
1231and is required under a lease common to all shopping center
1232tenants to pay no more than 10 percent of the gross proceeds of
1233the business holding the license to the shopping center, is
1234shall not be considered as having an interest, directly or
1235indirectly, in the license.
1236     Section 42.  For the purpose of incorporating the amendment
1237made by this act to section 455.227, Florida Statutes, in a
1238reference thereto, paragraph (a) of subsection (2) of section
1239468.436, Florida Statutes, is reenacted to read:
1240     468.436  Disciplinary proceedings.-
1241     (2)  The following acts constitute grounds for which the
1242disciplinary actions in subsection (4) may be taken:
1243     (a)  Violation of any provision of s. 455.227(1).
1244     Section 43.  For the purpose of incorporating the amendment
1245made by this act to section 455.227, Florida Statutes, in a
1246reference thereto, paragraph (a) of subsection (1) of section
1247468.832, Florida Statutes, is reenacted to read:
1248     468.832  Disciplinary proceedings.-
1249     (1)  The following acts constitute grounds for which the
1250disciplinary actions in subsection (2) may be taken:
1251     (a)  Violation of any provision of this part or s.
1252455.227(1);
1253     Section 44.  For the purpose of incorporating the amendment
1254made by this act to section 455.227, Florida Statutes, in a
1255reference thereto, paragraph (a) of subsection (1) of section
1256468.842, Florida Statutes, is reenacted to read:
1257     468.842  Disciplinary proceedings.-
1258     (1)  The following acts constitute grounds for which the
1259disciplinary actions in subsection (2) may be taken:
1260     (a)  Violation of any provision of this part or s.
1261455.227(1);
1262     Section 45.  For the purpose of incorporating the amendment
1263made by this act to section 455.227, Florida Statutes, in a
1264reference thereto, paragraph (a) of subsection (1) of section
1265471.033, Florida Statutes, is reenacted to read:
1266     471.033  Disciplinary proceedings.-
1267     (1)  The following acts constitute grounds for which the
1268disciplinary actions in subsection (3) may be taken:
1269     (a)  Violating any provision of s. 455.227(1), s. 471.025,
1270or s. 471.031, or any other provision of this chapter or rule of
1271the board or department.
1272     Section 46.  For the purpose of incorporating the amendment
1273made by this act to section 455.227, Florida Statutes, in a
1274reference thereto, paragraph (a) of subsection (1) of section
1275473.323, Florida Statutes, is reenacted to read:
1276     473.323  Disciplinary proceedings.-
1277     (1)  The following acts constitute grounds for which the
1278disciplinary actions in subsection (3) may be taken:
1279     (a)  Violation of any provision of s. 455.227(1) or any
1280other provision of this chapter.
1281     Section 47.  For the purpose of incorporating the amendment
1282made by this act to section 455.227, Florida Statutes, in a
1283reference thereto, paragraph (a) of subsection (1) of section
1284475.25, Florida Statutes, is reenacted to read:
1285     475.25  Discipline.-
1286     (1)  The commission may deny an application for licensure,
1287registration, or permit, or renewal thereof; may place a
1288licensee, registrant, or permittee on probation; may suspend a
1289license, registration, or permit for a period not exceeding 10
1290years; may revoke a license, registration, or permit; may impose
1291an administrative fine not to exceed $5,000 for each count or
1292separate offense; and may issue a reprimand, and any or all of
1293the foregoing, if it finds that the licensee, registrant,
1294permittee, or applicant:
1295     (a)  Has violated any provision of s. 455.227(1) or s.
1296475.42. However, licensees under this part are exempt from the
1297provisions of s. 455.227(1)(i).
1298     Section 48.  For the purpose of incorporating the amendment
1299made by this act to section 455.227, Florida Statutes, in a
1300reference thereto, subsection (1) of section 475.624, Florida
1301Statutes, is reenacted to read:
1302     475.624  Discipline.-The board may deny an application for
1303registration or certification; may investigate the actions of
1304any appraiser registered, licensed, or certified under this
1305part; may reprimand or impose an administrative fine not to
1306exceed $5,000 for each count or separate offense against any
1307such appraiser; and may revoke or suspend, for a period not to
1308exceed 10 years, the registration, license, or certification of
1309any such appraiser, or place any such appraiser on probation, if
1310it finds that the registered trainee, licensee, or
1311certificateholder:
1312     (1)  Has violated any provisions of this part or s.
1313455.227(1); however, certificateholders, registrants, and
1314licensees under this part are exempt from the provisions of s.
1315455.227(1)(i).
1316     Section 49.  For the purpose of incorporating the amendment
1317made by this act to section 455.227, Florida Statutes, in a
1318reference thereto, paragraph (h) of subsection (1) of section
1319476.204, Florida Statutes, is reenacted to read:
1320     476.204  Penalties.-
1321     (1)  It is unlawful for any person to:
1322     (h)  Violate any provision of s. 455.227(1), s. 476.194, or
1323s. 476.214.
1324     Section 50.  For the purpose of incorporating the amendment
1325made by this act to section 455.227, Florida Statutes, in a
1326reference thereto, paragraph (h) of subsection (1) of section
1327477.029, Florida Statutes, is reenacted to read:
1328     477.029  Penalty.-
1329     (1)  It is unlawful for any person to:
1330     (h)  Violate any provision of s. 455.227(1), s. 477.0265,
1331or s. 477.028.
1332     Section 51.  For the purpose of incorporating the amendment
1333made by this act to section 455.227, Florida Statutes, in a
1334reference thereto, paragraph (a) of subsection (1) of section
1335481.225, Florida Statutes, is reenacted to read:
1336     481.225  Disciplinary proceedings against registered
1337architects.-
1338     (1)  The following acts constitute grounds for which the
1339disciplinary actions in subsection (3) may be taken:
1340     (a)  Violating any provision of s. 455.227(1), s. 481.221,
1341or s. 481.223, or any rule of the board or department lawfully
1342adopted pursuant to this part or chapter 455.
1343     Section 52.  For the purpose of incorporating the amendment
1344made by this act to section 455.227, Florida Statutes, in a
1345reference thereto, paragraph (a) of subsection (1) of section
1346481.325, Florida Statutes, is reenacted to read:
1347     481.325  Disciplinary proceedings.-
1348     (1)  The following acts constitute grounds for which the
1349disciplinary actions in subsection (3) may be taken:
1350     (a)  Violation of any provision of s. 455.227(1), s.
1351481.321, or s. 481.323.
1352     Section 53.  For the purpose of incorporating the amendment
1353made by this act to section 468.832, Florida Statutes, in a
1354reference thereto, subsection (2) of section 468.8314, Florida
1355Statutes, is reenacted to read:
1356     468.8314  Licensure.-
1357     (2)  The department shall certify for licensure any
1358applicant who satisfies the requirements of s. 468.8313 and who
1359has passed the licensing examination. The department may refuse
1360to certify any applicant who has violated any of the provisions
1361of s. 468.832.
1362     Section 54.  This act shall take effect July 1, 2010.


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