May 31, 2020
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CS/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; providing an
63exemption for certain certified contractors; authorizing
64the department to require certain disclosures on contracts
65for home repairs performed by such contractors; exempting
66from punishment certain unlicensed activity occurring
67before a specified date; amending s. 468.832, F.S.;
68providing an additional ground for discipline of licensed
69home inspectors; amending s. 468.8324, F.S.; extending the
70time for licensure of home inspectors under certain
71grandfather provisions; revising the licensing criteria
72for such provisions; authorizing the department to
73investigate the validity of home inspection reports
74submitted for licensure under the grandfather provisions;
75providing penalties for the submission of false reports;
76creating s. 468.8325, F.S.; requiring the department to
77adopt rules; amending s. 468.84, F.S.; creating the mold-
78related services licensing program within the department;
79amending s. 468.8412, F.S.; deleting limits on fees for
80certificates of authorization to conform to changes made
81by the act; amending s. 468.8413, F.S.; requiring mold
82assessor and mold remediator license applicants to satisfy
83certain examination requirements before application for
84licensure; revising the educational requirements for
85licensure as a mold assessor or mold remediator; requiring
86criminal history checks and fees; amending s. 468.8414,
87F.S.; specifying that certain insurance coverage is
88required for licensure by endorsement; amending s.
89468.8418, F.S.; deleting requirements for certificates of
90authorization for corporations or partnerships offering
91mold-related services; amending s. 468.8419, F.S.;
92prohibiting certain acts relating to mold assessment and
93remediation; delaying implementation of certain prohibited
94acts; providing penalties; providing exemptions for
95certain certified contractors; authorizing the department
96to require certain disclosures on contracts for mold-
97related services performed by such contractors; exempting
98from punishment certain unlicensed activity occurring
99before a specified date; amending s. 468.842, F.S.;
100providing an additional ground for discipline of licensed
101mold assessors and mold remediators; amending s. 468.8421,
102F.S.; revising insurance coverage requirements for mold
103assessors; amending s. 468.8423, F.S.; extending the time
104for licensure of mold assessors and mold remediators under
105certain grandfather provisions; revising the licensing
106criteria for such provisions; authorizing the department
107to investigate the validity of mold assessments and
108remediation invoices submitted for licensure under the
109grandfather provisions; providing penalties for the
110submission of false assessments or invoices; creating s.
111468.8424, F.S.; requiring the department to adopt rules;
112amending s. 474.203, F.S.; revising certain exemptions
113from regulation of veterinary medical practice; amending
114s. 475.02, F.S.; authorizing certain members of the
115Florida Real Estate Commission to offer, conduct, and
116teach courses prescribed or approved by the commission or
117the department; amending s. 475.175, F.S.; revising the
118application and fingerprint requirements for real estate
119broker and sales associate licenses; deleting a
120requirement that license applicants provide fingerprints
121in an electronic format; amending s. 475.613, F.S.;
122revising qualifications of members of the Florida Real
123Estate Appraisal Board; authorizing certain board members
124to offer, conduct, and teach courses prescribed or
125approved by the board or the department; amending s.
126477.019, F.S.; deleting time limits for cosmetology
127license applicants to take the licensure examination;
128conforming a cross-reference; amending s. 509.211, F.S.;
129assigning responsibility for the regulation of carbon
130monoxide hazards in certain public lodging establishments
131to the Division of State Fire Marshal of the Department of
132Financial Services; creating s. 548.076, F.S.; authorizing
133the Department of Business and Professional Regulation to
134issue and enforce notices to cease and desist from
135violations of provisions regulating pugilistic
136exhibitions; providing penalties; amending s. 561.17,
137F.S.; revising application requirements for alcoholic
138beverage licenses; reenacting ss. 468.436(2)(a),
139468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
140473.323(1)(a), 475.25(1)(a), 475.624(1), 476.204(1)(h),
141477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
142relating to disciplinary proceedings for community
143association managers, home inspectors, mold assessors,
144mold remediators, engineers, certified public accountants,
145real estate brokers and sales associates, real estate
146appraisers, barbers, cosmetologists, architects, and
147landscape architects, to incorporate the amendment made to
148s. 455.227, F.S., in references thereto; reenacting s.
149468.8314(2), F.S., relating to the licensure of home
150inspectors, to incorporate the amendment made to s.
151468.832, F.S., in a reference thereto; providing an
152effective date.
153
154Be It Enacted by the Legislature of the State of Florida:
155
156     Section 1.  Subsection (4) of section 20.165, Florida
157Statutes, is amended to read:
158     20.165  Department of Business and Professional
159Regulation.-There is created a Department of Business and
160Professional Regulation.
161     (4)(a)  The following boards and programs are established
162within the Division of Professions:
163     1.  Board of Architecture and Interior Design, created
164under part I of chapter 481.
165     2.  Florida Board of Auctioneers, created under part VI of
166chapter 468.
167     3.  Barbers' Board, created under chapter 476.
168     4.  Florida Building Code Administrators and Inspectors
169Board, created under part XII of chapter 468.
170     5.  Construction Industry Licensing Board, created under
171part I of chapter 489.
172     6.  Board of Cosmetology, created under chapter 477.
173     7.  Electrical Contractors' Licensing Board, created under
174part II of chapter 489.
175     8.  Board of Employee Leasing Companies, created under part
176XI of chapter 468.
177     9.  Board of Landscape Architecture, created under part II
178of chapter 481.
179     10.  Board of Pilot Commissioners, created under chapter
180310.
181     11.  Board of Professional Engineers, created under chapter
182471.
183     12.  Board of Professional Geologists, created under
184chapter 492.
185     13.  Board of Veterinary Medicine, created under chapter
186474.
187     14.  Home inspection services licensing program, created
188under part XV of chapter 468.
189     15.  Mold-related services licensing program, created under
190part XVI of chapter 468.
191     (b)  The following board and commission are established
192within the Division of Real Estate:
193     1.  Florida Real Estate Appraisal Board, created under part
194II of chapter 475.
195     2.  Florida Real Estate Commission, created under part I of
196chapter 475.
197     (c)  The following board is established within the Division
198of Certified Public Accounting:
199     1.  Board of Accountancy, created under chapter 473.
200     Section 2.  Subsection (2) of section 215.37, Florida
201Statutes, is amended to read:
202     215.37  Department of Business and Professional Regulation
203and the boards to be financed from fees collected; deposit of
204funds; service charge; appropriation.-
205     (2)  The regulation by the department of professions, as
206defined in s. 455.01 chapter 455, by the department shall be
207financed solely from revenue collected by it from fees and other
208charges and deposited in the Professional Regulation Trust Fund,
209and all such revenue is hereby appropriated to the department.
210However, it is legislative intent that each profession shall
211operate within its anticipated fees.
212     Section 3.  Subsection (4) of section 322.142, Florida
213Statutes, is amended to read:
214     322.142  Color photographic or digital imaged licenses.-
215     (4)  The department may maintain a film negative or print
216file. The department shall maintain a record of the digital
217image and signature of the licensees, together with other data
218required by the department for identification and retrieval.
219Reproductions from the file or digital record are exempt from
220the provisions of s. 119.07(1) and shall be made and issued only
221for departmental administrative purposes; for the issuance of
222duplicate licenses; in response to law enforcement agency
223requests; to the Department of Business and Professional
224Regulation pursuant to an interagency agreement for the purpose
225of accessing digital images for reproduction of licenses issued
226by the Department of Business and Professional Regulation; to
227the Department of State pursuant to an interagency agreement to
228facilitate determinations of eligibility of voter registration
229applicants and registered voters in accordance with ss. 98.045
230and 98.075; to the Department of Revenue pursuant to an
231interagency agreement for use in establishing paternity and
232establishing, modifying, or enforcing support obligations in
233Title IV-D cases; to the Department of Children and Family
234Services pursuant to an interagency agreement to conduct
235protective investigations under part III of chapter 39; or to
236the Department of Financial Services pursuant to an interagency
237agreement to facilitate the location of owners of unclaimed
238property, the validation of unclaimed property claims, and the
239identification of fraudulent or false claims.
240     Section 4.  Section 455.017, Florida Statutes, is amended
241to read:
242     455.017  Applicability of this chapter.-The provisions of
243This chapter applies apply only to the regulation by the
244department of professions by the department.
245     Section 5.  Section 455.02, Florida Statutes, is amended to
246read:
247     455.02  Licensure of members of the Armed Forces in good
248standing with administrative boards and their spouses.-
249     (1)  Any member of the Armed Forces of the United States
250now or hereafter on active duty who, at the time of becoming
251such a member, was in good standing with any administrative
252board of the state and was entitled to practice or engage in his
253or her profession or vocation in the state shall be kept in good
254standing by such administrative board, without registering,
255paying dues or fees, or performing any other act on his or her
256part to be performed, as long as he or she is a member of the
257Armed Forces of the United States on active duty and for a
258period of 6 months after discharge from active duty as a member
259of the Armed Forces of the United States, if provided he or she
260is not engaged in his or her licensed profession or vocation in
261the private sector for profit.
262     (2)  The boards listed in s. 20.165 shall adopt promulgate
263rules that exempt exempting the spouse spouses of a member
264members of the Armed Forces of the United States from licensure
265renewal provisions, but only in cases of his or her absence from
266the state because of his or her spouse's their spouses' duties
267with the Armed Forces.
268     (3)(a)  The department may issue a temporary professional
269license to the spouse of an active duty member of the Armed
270Forces of the United States if the spouse applies to the
271department in the format prescribed by the department. An
272application must include:
273     1.  Proof that the applicant is married to a member of the
274Armed Forces of the United States who is on active duty.
275     2.  Proof that the applicant holds a valid license for the
276profession issued by another state, the District of Columbia,
277any possession or territory of the United States, or any foreign
278jurisdiction.
279     3.  Proof that the applicant's spouse is assigned to a duty
280station in this state and that the applicant is also assigned to
281a duty station in this state pursuant to the member's official
282active duty military orders.
283     4.  Proof that a complete set of the applicant's
284fingerprints are submitted to the Department of Law Enforcement
285for a statewide criminal history check. The Department of Law
286Enforcement shall forward the fingerprints to the Federal Bureau
287of Investigation for a national criminal history check. The
288department shall, and the board may, review the results of the
289criminal history checks according to the level 2 screening
290standards in s. 435.04 and determine whether the applicant meets
291the licensure requirements. The costs of fingerprint processing
292shall be borne by the applicant. If the applicant's fingerprints
293are submitted through an authorized agency or vendor, the agency
294or vendor shall collect the required processing fees and remit
295the fees to the Department of Law Enforcement.
296     (b)  An application must be accompanied by an application
297fee prescribed by the department that is sufficient to cover the
298cost of issuance of the temporary license.
299     (c)  A temporary license expires 6 months after the date of
300issuance and is not renewable.
301     Section 6.  Section 455.2122, Florida Statutes, is created
302to read:
303     455.2122  Education.-A board, or the department when there
304is no board, shall approve distance learning courses as an
305alternative to classroom courses to satisfy prelicensure or
306postlicensure education requirements in part VIII of chapter 468
307or part I of chapter 475. A board, or the department when there
308is no board, may not require centralized examinations for
309completion of prelicensure or postlicensure education
310requirements for professions licensed under part VIII of chapter
311468 or part I of chapter 475.
312     Section 7.  Section 455.2123, Florida Statutes, is amended
313to read:
314     455.2123  Continuing education.-A board, or the department
315when there is no board, may provide by rule that distance
316learning may be used to satisfy continuing education
317requirements. A board, or the department when there is no board,
318shall approve distance learning courses as an alternative to
319classroom courses to satisfy continuing education requirements
320in part VIII, part XV, or part XVI of chapter 468 or part I or
321part II of chapter 475 and may not require centralized
322examinations for completion of continuing education requirements
323for the professions licensed under part VIII, part XV, or part
324XVI of chapter 468 or part I or part II of chapter 475.
325     Section 8.  Subsection (2) of section 455.213, Florida
326Statutes, is amended to read:
327     455.213  General licensing provisions.-
328     (2)  Before the issuance of any license, the department may
329charge an initial license fee as determined by rule of the
330applicable board or, if no such board exists, by rule of the
331department. Upon receipt of the appropriate license fee, except
332as provided in subsection (3), the department shall issue a
333license to any person certified by the appropriate board, or its
334designee, or the department when there is no board, as having
335met the applicable requirements imposed by law or rule. However,
336an applicant who is not otherwise qualified for licensure is not
337entitled to licensure solely based on a passing score on a
338required examination. Upon a determination by the department
339that it erroneously issued a license, or upon the revocation of
340a license by the applicable board, or by the department when
341there is no board, the licensee must surrender his or her
342license to the department.
343     Section 9.  Subsections (1) and (3) of section 455.217,
344Florida Statutes, are amended to read:
345     455.217  Examinations.-This section shall be read in
346conjunction with the appropriate practice act associated with
347each regulated profession under this chapter.
348     (1)  The Division of Professions Service Operations of the
349Department of Business and Professional Regulation shall
350provide, contract, or approve services for the development,
351preparation, administration, scoring, score reporting, and
352evaluation of all examinations. The division shall seek the
353advice of the appropriate board in providing such services.
354     (a)  The department, acting in conjunction with the
355Division of Service Operations, the Division of Professions, and
356the Division of Real Estate, as appropriate, shall ensure that
357examinations adequately and reliably measure an applicant's
358ability to practice the profession regulated by the department.
359After an examination developed or approved by the department has
360been administered, the board or department may reject any
361question which does not reliably measure the general areas of
362competency specified in the rules of the board or department,
363when there is no board. The department shall use qualified
364outside testing vendors for the development, preparation, and
365evaluation of examinations, when such services are economically
366and viably available and approved by the department.
367     (b)  For each examination developed by the department or
368contracted vendor, to the extent not otherwise specified by
369statute, the board or the department when there is no board,
370shall by rule specify the general areas of competency to be
371covered by the examination, the relative weight to be assigned
372in grading each area tested, the score necessary to achieve a
373passing grade, and the fees, where applicable, to cover the
374actual cost for any purchase, development, and administration of
375the required examination. However, statutory fee caps in each
376practice act shall apply. This subsection does not apply to
377national examinations approved and administered pursuant to
378paragraph (d).
379     (c)  If a practical examination is deemed to be necessary,
380rules shall specify the criteria by which examiners are to be
381selected, the grading criteria to be used by the examiner, the
382relative weight to be assigned in grading each criterion, and
383the score necessary to achieve a passing grade. When a mandatory
384standardization exercise for a practical examination is required
385by law, the board may conduct such exercise. Therefore, board
386members may serve as examiners at a practical examination with
387the consent of the board.
388     (d)  A board, or the department when there is no board, may
389approve by rule the use of any national examination which the
390department has certified as meeting requirements of national
391examinations and generally accepted testing standards pursuant
392to department rules. Providers of examinations, which may be
393either profit or nonprofit entities, seeking certification by
394the department shall pay the actual costs incurred by the
395department in making a determination regarding the
396certification. The department shall use any national examination
397which is available, certified by the department, and approved by
398the board. The name and number of a candidate may be provided to
399a national contractor for the limited purpose of preparing the
400grade tape and information to be returned to the board or
401department or, to the extent otherwise specified by rule, the
402candidate may apply directly to the vendor of the national
403examination. The department may delegate to the board the duty
404to provide and administer the examination. Any national
405examination approved by a board, or the department when there is
406no board, prior to October 1, 1997, is deemed certified under
407this paragraph. Any licensing or certification examination that
408is not developed or administered by the department in-house or
409provided as a national examination shall be competitively bid.
410     (e)  The department shall adopt rules regarding the
411security and monitoring of examinations. In order to maintain
412the security of examinations, the department may employ the
413procedures set forth in s. 455.228 to seek fines and injunctive
414relief against an examinee who violates the provisions of s.
415455.2175 or the rules adopted pursuant to this paragraph. The
416department, or any agent thereof, may, for the purposes of
417investigation, confiscate any written, photographic, or
418recording material or device in the possession of the examinee
419at the examination site which the department deems necessary to
420enforce such provisions or rules.
421     (f)  If the professional board with jurisdiction over an
422examination concurs, the department may, for a fee, share with
423any other state's licensing authority an examination developed
424by or for the department unless prohibited by a contract entered
425into by the department for development or purchase of the
426examination. The department, with the concurrence of the
427appropriate board, shall establish guidelines that ensure
428security of a shared exam and shall require that any other
429state's licensing authority comply with those guidelines. Those
430guidelines shall be approved by the appropriate professional
431board. All fees paid by the user shall be applied to the
432department's examination and development program for professions
433regulated by this chapter. All fees paid by the user for
434professions not regulated by this chapter shall be applied to
435offset the fees for the development and administration of that
436profession's examination. If both a written and a practical
437examination are given, an applicant shall be required to retake
438only the portion of the examination for which he or she failed
439to achieve a passing grade, if he or she successfully passes
440that portion within a reasonable time of his or her passing the
441other portion.
442     (3)  Except for national examinations approved and
443administered pursuant to paragraph (1)(d), the department shall
444provide procedures for applicants who have taken and failed an
445examination developed by the department or a contracted vendor
446to review their most recently administered examination
447questions, answers, papers, grades, and grading key for the
448questions the candidate answered incorrectly or, if not
449feasible, the parts of the examination failed. Applicants shall
450bear the actual cost for the department to provide examination
451review pursuant to this subsection. An applicant may waive in
452writing the confidentiality of his or her examination grades.
453     Section 10.  Section 455.2175, Florida Statutes, is amended
454to read:
455     455.2175  Penalty for theft or reproduction of an
456examination.-In addition to, or in lieu of, any other discipline
457imposed pursuant to s. 455.227, the theft of an examination in
458whole or in part or the act of reproducing or copying any
459examination administered by the department, whether such
460examination is reproduced or copied in part or in whole and by
461any means, constitutes a felony of the third degree, punishable
462as provided in s. 775.082, s. 775.083, or s. 775.084. An
463examinee whose examination materials are confiscated is not
464permitted to take another examination until the criminal
465investigation reveals that the examinee did not violate this
466section.
467     Section 11.  Section 455.2226, Florida Statutes, is
468repealed.
469     Section 12.  Paragraph (c) of subsection (1) of section
470455.227, Florida Statutes, is amended to read:
471     455.227  Grounds for discipline; penalties; enforcement.-
472     (1)  The following acts shall constitute grounds for which
473the disciplinary actions specified in subsection (2) may be
474taken:
475     (c)  Being convicted or found guilty of, or entering a plea
476of guilty or nolo contendere to, regardless of adjudication, a
477crime in any jurisdiction which relates to the practice of, or
478the ability to practice, a licensee's profession.
479     Section 13.  Subsection (1) of section 455.228, Florida
480Statutes, is amended to read:
481     455.228  Unlicensed practice of a profession; cease and
482desist notice; civil penalty; enforcement; citations; allocation
483of moneys collected.-
484     (1)  When the department has probable cause to believe that
485any person not licensed by the department, or the appropriate
486regulatory board within the department, has violated any
487provision of this chapter or any statute that relates to the
488practice of a profession regulated by the department, or any
489rule adopted pursuant thereto, the department may issue and
490deliver to such person a notice to cease and desist from such
491violation. In addition, the department may issue and deliver a
492notice to cease and desist to any person who aids and abets the
493unlicensed practice of a profession by employing such unlicensed
494person. The issuance of a notice to cease and desist shall not
495constitute agency action for which a hearing under ss. 120.569
496and 120.57 may be sought. For the purpose of enforcing a cease
497and desist notice order, the department may file a proceeding in
498the name of the state seeking issuance of an injunction or a
499writ of mandamus against any person who violates any provisions
500of such notice order. In addition to the foregoing remedies, the
501department may impose an administrative penalty not to exceed
502$5,000 per incident pursuant to the provisions of chapter 120 or
503may issue a citation pursuant to the provisions of subsection
504(3). If the department is required to seek enforcement of the
505notice order for a penalty pursuant to s. 120.569, it shall be
506entitled to collect its attorney's fees and costs, together with
507any cost of collection.
508     Section 14.  Subsection (3) is added to section 455.275,
509Florida Statutes, to read:
510     455.275  Address of record.-
511     (3)(a)  Notwithstanding any provision of law, when an
512administrative complaint is served on a licensee of the
513department, the department shall provide service by regular mail
514to the licensee's last known address of record, by certified
515mail to the last known address of record, and, if possible, by
516e-mail.
517     (b)  If service, as provided in paragraph (a), does not
518provide the department with proof of service, the department
519shall call the last known telephone number of record and cause a
520short, plain notice to the licensee to be published once each
521week for 4 consecutive weeks in a newspaper published in the
522county of the licensee's last known address of record. If a
523newspaper is not published in the county, the administrative
524complaint may be published in a newspaper of general circulation
525in the county. If the licensee's last known address is located
526in another state or in a foreign jurisdiction, the
527administrative complaint may be published in Leon County
528pursuant to s. 120.60(5).
529     Section 15.  Section 468.83, Florida Statutes, is amended
530to read:
531     468.83  Home inspection services licensing program;
532purpose.-
533     (1)  There is created within the department the home
534inspection services licensing program.
535     (2)  The Legislature recognizes that there is a need to
536require the licensing of home inspectors and to ensure that
537consumers of home inspection services can rely on the competence
538of home inspectors, as determined by educational and experience
539requirements and testing. Therefore, the Legislature deems it
540necessary in the interest of the public welfare to regulate home
541inspectors in this state.
542     Section 16.  Subsection (4) of section 468.8311, Florida
543Statutes, is amended to read:
544     468.8311  Definitions.-As used in this part, the term:
545     (4)  "Home inspection services" means a limited visual
546examination of one or more of the following readily accessible
547installed systems and components of a home: the structure,
548electrical system, HVAC system, roof covering, plumbing system,
549interior components, exterior components, and site conditions
550that affect the structure, for the purposes of providing a
551written professional opinion of the condition of the home.
552     Section 17.  Subsections (5) through (8) of section
553468.8312, Florida Statutes, are renumbered as subsections (4)
554through (7), respectively, and present subsection (4) of that
555section is amended to read:
556     468.8312  Fees.-
557     (4)  The fee for a certificate of authorization shall not
558exceed $125.
559     Section 18.  Subsections (1) and (2) of section 468.8313,
560Florida Statutes, are amended, and paragraph (d) is added to
561subsection (5) of that section, to read:
562     468.8313  Examinations.-
563     (1)  A person desiring to be licensed as a home inspector
564must shall apply to the department after satisfying the
565examination requirements of this part to take a licensure
566examination.
567     (2)  An applicant may shall be entitled to take the
568licensure examination for the purpose of determining whether he
569or she is qualified to practice in this state as a home
570inspector if he or she passes the required examination, the
571applicant is of good moral character, and completes has
572completed a course of study of at least no less than 120 hours
573that covers all of the following components of a home:
574structure, electrical system, HVAC system, roof covering,
575plumbing system, interior components, exterior components, and
576site conditions that affect the structure.
577     (5)
578     (d)  An applicant for a license shall submit, together with
579the application, a complete set of electronic fingerprints to
580the department. The department shall submit the fingerprints to
581the Department of Law Enforcement for state processing, and the
582Department of Law Enforcement shall forward the fingerprints to
583the Federal Bureau of Investigation for national processing, to
584determine whether the applicant has a criminal history record.
585The department shall review the background results to determine
586whether the applicant meets licensure requirements. The
587applicant is responsible for the costs associated with
588processing the fingerprints. The authorized agencies or vendors
589shall collect such fees and pay for the processing costs due to
590the Department of Law Enforcement.
591     Section 19.  Section 468.8318, Florida Statutes, is amended
592to read:
593     468.8318  Certification of corporations and partnerships.-
594     (1)  The department shall issue a certificate of
595authorization to a corporation or partnership offering home
596inspection services to the public if the corporation or
597partnership satisfies all of the requirements of this part.
598     (2)  The practice of or the offer to practice home
599inspection services by licensees through a corporation or
600partnership offering home inspection services to the public, or
601by a corporation or partnership offering such services to the
602public through licensees under this part as agents, employees,
603officers, or partners, is permitted subject to the provisions of
604this part, provided that all personnel of the corporation or
605partnership who act in its behalf as home inspectors in this
606state are licensed as provided by this part; and further
607provided that the corporation or partnership has been issued a
608certificate of authorization by the department as provided in
609this section. Nothing in this section shall be construed to
610allow a corporation to hold a license to practice home
611inspection services. No corporation or partnership shall be
612relieved of responsibility for the conduct or acts of its
613agents, employees, or officers by reason of its compliance with
614this section, nor shall any individual practicing home
615inspection services be relieved of responsibility for
616professional services performed by reason of his or her
617employment or relationship with a corporation or partnership.
618     (3)  For the purposes of this section, a certificate of
619authorization shall be required for a corporation, partnership,
620association, or person practicing under a fictitious name and
621offering home inspection services to the public; however, when
622an individual is practicing home inspection services in his or
623her own given name, he or she shall not be required to register
624under this section.
625     (4)  Each certificate of authorization shall be renewed
626every 2 years. Each partnership and corporation certified under
627this section shall notify the department within 1 month of any
628change in the information contained in the application upon
629which the certification is based.
630     (5)  Disciplinary action against a corporation or
631partnership shall be administered in the same manner and on the
632same grounds as disciplinary action against a licensed home
633inspector.
634     Section 20.  Section 468.8319, Florida Statutes, is amended
635to read:
636     468.8319  Prohibitions; penalties.-
637     (1)  A person home inspector, a company that employs a home
638inspector, or a company that is controlled by a company that
639also has a financial interest in a company employing a home
640inspector may not:
641     (a)  Effective July 1, 2011, practice or offer to practice
642home inspection services unless the person has complied with the
643provisions of this part.;
644     (b)  Effective July 1, 2011, use the name or title
645"certified home inspector," "registered home inspector,"
646"licensed home inspector," "home inspector," "professional home
647inspector," or any combination thereof unless the person has
648complied with the provisions of this part.;
649     (c)  Present as his or her own the license of another.;
650     (d)  Knowingly give false or forged evidence to the
651department or an employee thereof.;
652     (e)  Use or attempt to use a license that has been
653suspended or revoked.;
654     (f)  Perform or offer to perform, prior to closing, for any
655additional fee, any repairs to a home on which the inspector or
656the inspector's company has prepared a home inspection report.
657This paragraph does not apply to:
658     1.  A home warranty company that is affiliated with or
659retains a home inspector to perform repairs pursuant to a claim
660made under a home warranty contract.
661     2.  A certified contractor who is classified in s.
662489.105(3) as a Division I contractor. However, the department
663may adopt rules requiring that, if such contractor performs the
664home inspection and offers to perform the repairs, the contract
665for repairs provided to the homeowner disclose that he or she
666has the right to request competitive bids.;
667     (g)  Inspect for a fee any property in which the inspector
668or the inspector's company has any financial or transfer
669interest.;
670     (h)  Offer or deliver any compensation, inducement, or
671reward to any broker or agent therefor for the referral of the
672owner of the inspected property to the inspector or the
673inspection company.; or
674     (i)  Accept an engagement to make an omission or prepare a
675report in which the inspection itself, or the fee payable for
676the inspection, is contingent upon either the conclusions in the
677report, preestablished findings, or the close of escrow.
678     (2)  Any person who is found to be in violation of any
679provision of this section commits a misdemeanor of the first
680degree, punishable as provided in s. 775.082 or s. 775.083.
681     (3)  This section does not apply to unlicensed activity as
682described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
683that occurs before July 1, 2011.
684     Section 21.  Paragraph (j) is added to subsection (1) of
685section 468.832, Florida Statutes, to read:
686     468.832  Disciplinary proceedings.-
687     (1)  The following acts constitute grounds for which the
688disciplinary actions in subsection (2) may be taken:
689     (j)  Failing to meet any standard of practice adopted by
690rule of the department.
691     Section 22.  Section 468.8324, Florida Statutes, is amended
692to read:
693     468.8324  Grandfather clause.-
694     (1)  A person who performs home inspection services as
695defined in this part may qualify for licensure to be licensed by
696the department as a home inspector if the person submits his or
697her application to the department by March 1, 2011, whether
698postmarked or delivered by that date, and if the person: meets
699the licensure requirements of this part by July 1, 2010.
700     (a)  Is certified as a home inspector by a state or
701national association that requires, for such certification,
702successful completion of a proctored examination on home
703inspection services and completes at least 14 hours of
704verifiable education on such services; or
705     (b)  At the time of application, has at least 3 years of
706experience as a home inspector and completes at least 14 hours
707of verifiable education on home inspection services. To
708establish the 3 years of experience, an applicant must submit at
709least 120 home inspection reports prepared by the applicant.
710     (2)  The department may investigate the validity of a home
711inspection report submitted under paragraph (1)(b) and, if the
712applicant submits a false report, may take disciplinary action
713against the applicant under s. 468.832(1)(e) or (g).
714     (3)  An applicant may not qualify for licensure under this
715section if he or she has had a home inspector license or a
716license in any related field revoked at any time or suspended
717within the previous 5 years or has been assessed a fine that
718exceeds $500 within the previous 5 years. For purposes of this
719subsection, a license in a related field includes, but is not
720limited to, licensure in real estate, construction, mold-related
721services, or building code administration or inspection.
722     (4)  An applicant for licensure under this section must
723comply with the criminal history, good moral character, and
724insurance requirements of this part.
725     Section 23.  Section 468.8325, Florida Statutes, is created
726to read:
727     468.8325  Rulemaking authority.-The department shall adopt
728rules to administer this part.
729     Section 24.  Section 468.84, Florida Statutes, is amended
730to read:
731     468.84  Mold-related services licensing program;
732legislative purpose.-
733     (1)  There is created within the department the mold-
734related services licensing program.
735     (2)  The Legislature finds it necessary in the interest of
736the public safety and welfare, to prevent damage to real and
737personal property, to avert economic injury to the residents of
738this state, and to regulate persons and companies that hold
739themselves out to the public as qualified to perform mold-
740related services.
741     Section 25.  Subsections (7) through (10) of section
742468.8412, Florida Statutes, are renumbered as subsections (6)
743through (9), respectively, and present subsection (6) of that
744section is amended to read:
745     468.8412  Fees.-
746     (6)  The fee for a biennial certificate of authorization
747renewal shall not exceed $400.
748     Section 26.  Subsections (1) and (2) of section 468.8413,
749Florida Statutes, are amended, and paragraph (d) is added to
750subsection (4) of that section, to read:
751     468.8413  Examinations.-
752     (1)  A person desiring to be licensed as a mold assessor or
753mold remediator must shall apply to the department after
754satisfying the examination requirements of this part to take a
755licensure examination.
756     (2)  An applicant may shall be entitled to take the
757licensure examination to practice in this state as a mold
758assessor or mold remediator if he or she passes the required
759examination, the applicant is of good moral character, and
760completes has satisfied one of the following requirements:
761     (a)1.  For a mold remediator, at least a 2-year associate
762of arts degree, or the equivalent, with at least 30 semester
763hours in microbiology, engineering, architecture, industrial
764hygiene, occupational safety, or a related field of science from
765an accredited institution and a minimum of 1 year of documented
766field experience in a field related to mold remediation; or
767     2.  A high school diploma or the equivalent with a minimum
768of 4 years of documented field experience in a field related to
769mold remediation.
770     (b)1.  For a mold assessor, at least a 2-year associate of
771arts degree, or the equivalent, with at least 30 semester hours
772in microbiology, engineering, architecture, industrial hygiene,
773occupational safety, or a related field of science from an
774accredited institution and a minimum of 1 year of documented
775field experience in conducting microbial sampling or
776investigations; or
777     2.  A high school diploma or the equivalent with a minimum
778of 4 years of documented field experience in conducting
779microbial sampling or investigations.
780     (4)
781     (d)  An applicant for a license shall submit, together with
782the application, a complete set of electronic fingerprints to
783the department. The department shall submit the fingerprints to
784the Department of Law Enforcement for state processing, and the
785Department of Law Enforcement shall forward the fingerprints to
786the Federal Bureau of Investigation for national processing, to
787determine whether the applicant has a criminal history record.
788The department shall review the background results to determine
789whether the applicant meets licensure requirements. The
790applicant is responsible for the costs associated with
791processing the fingerprints. The authorized agencies or vendors
792shall collect such fees and pay for the processing costs due to
793the Department of Law Enforcement.
794     Section 27.  Subsection (3) of section 468.8414, Florida
795Statutes, is amended to read:
796     468.8414  Licensure.-
797     (3)  The department shall certify as qualified for a
798license by endorsement an applicant who is of good moral
799character, who has the insurance coverage required under s.
800468.8421, and who:
801     (a)  Is qualified to take the examination as set forth in
802s. 468.8413 and has passed a certification examination offered
803by a nationally recognized organization that certifies persons
804in the specialty of mold assessment or mold remediation that has
805been approved by the department as substantially equivalent to
806the requirements of this part and s. 455.217; or
807     (b)  Holds a valid license to practice mold assessment or
808mold remediation issued by another state or territory of the
809United States if the criteria for issuance of the license were
810substantially the same as the licensure criteria that is
811established by this part as determined by the department.
812     Section 28.  Section 468.8418, Florida Statutes, is amended
813to read:
814     468.8418  Certification of partnerships and corporations.-
815     (1)  The department shall issue a certificate of
816authorization to a corporation or partnership offering mold
817assessment or mold remediation services to the public if the
818corporation or partnership satisfies all of the requirements of
819this part.
820     (2)  The practice of or the offer to practice mold
821assessment or mold remediation by licensees through a
822corporation or partnership offering mold assessment or mold
823remediation to the public, or by a corporation or partnership
824offering such services to the public through licensees under
825this part as agents, employees, officers, or partners, is
826permitted subject to the provisions of this part, provided that
827the corporation or partnership has been issued a certificate of
828authorization by the department as provided in this section.
829Nothing in this section shall be construed to allow a
830corporation to hold a license to practice mold assessment or
831mold remediation. No corporation or partnership shall be
832relieved of responsibility for the conduct or acts of its
833agents, employees, or officers by reason of its compliance with
834this section, nor shall any individual practicing mold
835assessment or mold remediation be relieved of responsibility for
836professional services performed by reason of his or her
837employment or relationship with a corporation or partnership.
838     (3)  For the purposes of this section, a certificate of
839authorization shall be required for a corporation, partnership,
840association, or person practicing under a fictitious name,
841offering mold assessment or mold remediation; however, when an
842individual is practicing mold assessment or mold remediation
843under his or her own given name, he or she shall not be required
844to register under this section.
845     (4)  Each certificate of authorization shall be renewed
846every 2 years. Each partnership and corporation certified under
847this section shall notify the department within 1 month of any
848change in the information contained in the application upon
849which the certification is based.
850     (5)  Disciplinary action against a corporation or
851partnership shall be administered in the same manner and on the
852same grounds as disciplinary action against a licensed mold
853assessor or mold remediator.
854     Section 29.  Section 468.8419, Florida Statutes, is amended
855to read:
856     468.8419  Prohibitions; penalties.-
857     (1)  A person mold assessor, a company that employs a mold
858assessor, or a company that is controlled by a company that also
859has a financial interest in a company employing a mold assessor
860may not:
861     (a)  Effective July 1, 2011, perform or offer to perform
862any mold assessment unless the mold assessor has documented
863training in water, mold, and respiratory protection under s.
864468.8414(2).
865     (b)  Effective July 1, 2011, perform or offer to perform
866any mold assessment unless the person has complied with the
867provisions of this part.
868     (c)  Use the name or title "certified mold assessor,"
869"registered mold assessor," "licensed mold assessor," "mold
870assessor," "professional mold assessor," or any combination
871thereof unless the person has complied with the provisions of
872this part.
873     (d)  Perform or offer to perform any mold remediation to a
874structure on which the mold assessor or the mold assessor's
875company provided a mold assessment within the last 12 months.
876This paragraph does not apply to a certified contractor who is
877classified in s. 489.105(3) as a Division I contractor. However,
878the department may adopt rules requiring that, if such
879contractor performs the mold assessment and offers to perform
880the mold remediation, the contract for mold remediation provided
881to the homeowner disclose that he or she has the right to
882request competitive bids.
883     (e)  Inspect for a fee any property in which the assessor
884or the assessor's company has any financial or transfer
885interest.
886     (f)  Accept any compensation, inducement, or reward from a
887mold remediator or mold remediator's company for the referral of
888any business to the mold remediator or the mold remediator's
889company.
890     (g)  Offer any compensation, inducement, or reward to a
891mold remediator or mold remediator's company for the referral of
892any business from the mold remediator or the mold remediator's
893company.
894     (h)  Accept an engagement to make an omission of the
895assessment or conduct an assessment in which the assessment
896itself, or the fee payable for the assessment, is contingent
897upon the conclusions of the assessment.
898     (2)  A mold remediator, a company that employs a mold
899remediator, or a company that is controlled by a company that
900also has a financial interest in a company employing a mold
901remediator may not:
902     (a)  Perform or offer to perform any mold remediation
903unless the remediator has documented training in water, mold,
904and respiratory protection under s. 468.8414(2).
905     (b)  Perform or offer to perform any mold remediation
906unless the person has complied with the provisions of this part.
907     (c)  Use the name or title "certified mold remediator,"
908"registered mold remediator," "licensed mold remediator," "mold
909remediator," "professional mold remediator," or any combination
910thereof unless the person has complied with the provisions of
911this part.
912     (d)  Perform or offer to perform any mold assessment to a
913structure on which the mold remediator or the mold remediator's
914company provided a mold remediation within the last 12 months.
915This paragraph does not apply to a certified contractor who is
916classified in s. 489.105(3) as a Division I contractor. However,
917the department may adopt rules requiring that, if such
918contractor performs the mold remediation and offers to perform
919the mold assessment, the contract for mold assessment provided
920to the homeowner disclose that he or she has the right to
921request competitive bids.
922     (e)  Remediate for a fee any property in which the mold
923remediator or the mold remediator's company has any financial or
924transfer interest.
925     (f)  Accept any compensation, inducement, or reward from a
926mold assessor or mold assessor's company for the referral of any
927business from the mold assessor or the mold assessor's company.
928     (g)  Offer any compensation, inducement, or reward to a
929mold assessor or mold assessor's company for the referral of any
930business from the mold assessor or the mold assessor's company.
931     (3)  Any person who violates any provision of this section
932commits:
933     (a)  A misdemeanor of the second degree for a first
934violation, punishable as provided in s. 775.082 or s. 775.083.
935     (b)  A misdemeanor of the first degree for a second
936violation, punishable as provided in s. 775.082 or s. 775.083.
937     (c)  A felony of the third degree for a third or subsequent
938violation, punishable as provided in s. 775.082, s. 775.083, or
939s. 775.084.
940     (4)  This section does not apply to unlicensed activity as
941described in paragraphs (1)(a)-(d) or s. 455.228 that occurs
942before July 1, 2011.
943     Section 30.  Paragraph (j) is added to subsection (1) of
944section 468.842, Florida Statutes, to read:
945     468.842  Disciplinary proceedings.-
946     (1)  The following acts constitute grounds for which the
947disciplinary actions in subsection (2) may be taken:
948     (j)  Failing to meet any standard of practice adopted by
949rule of the department.
950     Section 31.  Subsection (1) of section 468.8421, Florida
951Statutes, is amended to read:
952     468.8421  Insurance.-
953     (1)  A mold assessor shall maintain general liability and
954errors and omissions for both preliminary and postremediation
955mold assessment insurance coverage in an amount of at least $1
956million not less than $1,000,000.
957     Section 32.  Section 468.8423, Florida Statutes, is amended
958to read:
959     468.8423  Grandfather clause.-
960     (1)  A person who performs mold assessment or mold
961remediation as defined in this part may qualify for licensure to
962be licensed by the department as a mold assessor or mold
963remediator if the person submits his or her application to the
964department by March 1, 2011, whether postmarked or delivered by
965that date, and if the person: meets the licensure requirements
966of this part by July 1, 2010.
967     (a)  Is certified as a mold assessor or mold remediator by
968a state or national association that requires, for such
969certification, successful completion of a proctored examination
970on mold assessment or mold remediation, as applicable, and
971completes at least 60 hours of education on mold assessment or
972at least 30 hours of education on mold remediation, as
973applicable; or
974     (b)  At the time of application, has at least 3 years of
975experience as a mold assessor or mold remediator. To establish
976the 3 years of experience, an applicant must submit at least 40
977mold assessments or remediation invoices prepared by the
978applicant.
979     (2)  The department may investigate the validity of a mold
980assessment or remediation invoice submitted under paragraph
981(1)(b) and, if the applicant submits a false assessment or
982invoice, may take disciplinary action against the applicant
983under s. 468.842(1)(e) or (g).
984     (3)  An applicant may not qualify for licensure under this
985section if he or she has had a mold assessor or mold remediator
986license or a license in any related field revoked at any time or
987suspended within the previous 5 years or has been assessed a
988fine that exceeds $500 within the previous 5 years. For purposes
989of this subsection, a license in a related field includes, but
990is not limited to, licensure in real estate, construction, home
991inspection, building code administration or inspection, or
992indoor air quality.
993     (4)  An applicant for licensure under this section must
994comply with the good moral character and insurance requirements
995of this part.
996     Section 33.  Section 468.8424, Florida Statutes, is created
997to read:
998     468.8424  Rulemaking authority.-The department shall adopt
999rules to administer this part.
1000     Section 34.  Subsection (2) and paragraph (a) of subsection
1001(5) of section 474.203, Florida Statutes, are amended to read:
1002     474.203  Exemptions.-This chapter shall not apply to:
1003     (2)  A person practicing as an intern or resident
1004veterinarian who does not hold a valid license issued under this
1005chapter and who is a graduate in training at a school or college
1006of veterinary medicine located in this state and accredited by
1007the American Veterinary Medical Association Council on Education
1008or a school or college recognized by the American Veterinary
1009Medical Association Commission for Foreign Veterinary Graduates.
1010Such intern or resident must be a graduate of a school or
1011college of veterinary medicine accredited by the American
1012Veterinary Medical Association Council on Education or a school
1013or college of veterinary medicine recognized by the Educational
1014Commission for Foreign Veterinary Graduates of the American
1015Veterinary Medical Association. This exemption expires when such
1016intern or resident completes or is terminated from such
1017training. Each school or college at which such intern or
1018resident is in training shall, on July 1 of each year, provide
1019the board with a written list of all such interns or residents
1020designated for this exemption, and the school or college shall
1021also notify the board of any additions or deletions to the list.
1022     (5)(a)  Any person, or the person's regular employee,
1023administering to the ills or injuries of her or his own animals,
1024including, but not limited to, castration, spaying, and
1025dehorning of herd animals, unless title is has been transferred
1026or employment provided for the purpose of circumventing this
1027law. This exemption does shall not apply to any person licensed
1028as a veterinarian in another state or foreign jurisdiction and
1029is out-of-state veterinarians practicing temporarily in this the
1030state. However, only a veterinarian may immunize or treat an
1031animal for diseases which are communicable to humans and which
1032are of public health significance.
1033
1034For the purposes of chapters 465 and 893, persons exempt
1035pursuant to subsection (1), subsection (2), or subsection (4)
1036are deemed to be duly licensed practitioners authorized by the
1037laws of this state to prescribe drugs or medicinal supplies.
1038     Section 35.  Section 475.02, Florida Statutes, is amended
1039to read:
1040     475.02  Florida Real Estate Commission.-
1041     (1)  There is created within the department the Florida
1042Real Estate Commission. The commission shall consist of seven
1043members who shall be appointed by the Governor, subject to
1044confirmation by the Senate. Four members must be licensed
1045brokers, each of whom has held an active license for the 5 years
1046preceding appointment; one member must be a licensed broker or a
1047licensed sales associate who has held an active license for the
10482 years preceding appointment; and two members must be persons
1049who are not, and have never been, brokers or sales associates.
1050At least one member of the commission must be 60 years of age or
1051older. The current members may complete their present terms
1052unless removed for cause.
1053     (2)  Members shall be appointed for 4-year terms.
1054     (3)  Notwithstanding s. 112.313, any member of the
1055commission who is a licensed real estate broker or sales
1056associate and who holds an active real estate school permit,
1057chief administrator permit, school instructor permit, or any
1058combination of such permits issued by the department, to the
1059extent authorized pursuant to such permit, may offer, conduct,
1060or teach any course prescribed or approved by the commission or
1061the department.
1062     Section 36.  Paragraph (a) of subsection (1) of section
1063475.175, Florida Statutes, is amended to read:
1064     475.175  Examinations.-
1065     (1)  A person shall be entitled to take the license
1066examination to practice in this state if the person:
1067     (a)  Submits to the department the appropriate signed or
1068electronically authenticated application, digital fingerprint
1069data, and fee, and a fingerprint card. The digital fingerprints
1070fingerprint card shall be forwarded to the Division of Criminal
1071Justice Information Systems within the Department of Law
1072Enforcement for purposes of processing the fingerprints
1073fingerprint card to determine if the applicant has a criminal
1074history record. The fingerprints fingerprint card shall also be
1075forwarded to the Federal Bureau of Investigation for purposes of
1076processing the fingerprints fingerprint card to determine if the
1077applicant has a criminal history record. The information
1078obtained by the processing of the fingerprints fingerprint card
1079by the Florida Department of Law Enforcement and the Federal
1080Bureau of Investigation shall be sent to the department for the
1081purpose of determining if the applicant is statutorily qualified
1082for examination. Effective July 1, 2006, an applicant shall
1083provide fingerprints in electronic format.
1084     Section 37.  Section 475.613, Florida Statutes, is amended
1085to read:
1086     475.613  Florida Real Estate Appraisal Board.-
1087     (1)  There is created the Florida Real Estate Appraisal
1088Board, which shall consist of seven members appointed by the
1089Governor, subject to confirmation by the Senate. Four members of
1090the board must be real estate appraisers who have been engaged
1091in the general practice of appraising real property in this
1092state for at least 5 years immediately preceding appointment. In
1093appointing real estate appraisers to the board, while not
1094excluding other appraisers, the Governor shall give preference
1095to real estate appraisers who are not primarily engaged in real
1096estate brokerage or mortgage lending activities. One member of
1097the board must represent organizations that use appraisals for
1098the purpose of eminent domain proceedings, financial
1099transactions, or mortgage insurance. Two members of the board
1100shall be representatives of the general public and shall not be
1101connected in any way with the practice of real estate appraisal,
1102real estate brokerage, or mortgage lending. The appraiser
1103members shall be as representative of the entire industry as
1104possible, and membership in a nationally recognized or state-
1105recognized appraisal organization shall not be a prerequisite to
1106membership on the board. To the extent possible, no more than
1107two members of the board shall be primarily affiliated with any
1108one particular national or state appraisal association. Two of
1109the members must be licensed or certified residential real
1110estate appraisers and two of the members must be certified
1111general real estate appraisers at the time of their appointment.
1112     (a)  Members of the board shall be appointed for 4-year
1113terms. Any vacancy occurring in the membership of the board
1114shall be filled by appointment by the Governor for the unexpired
1115term. Upon expiration of her or his term, a member of the board
1116shall continue to hold office until the appointment and
1117qualification of the member's successor. A member may not be
1118appointed for more than two consecutive terms. The Governor may
1119remove any member for cause.
1120     (b)  The headquarters for the board shall be in Orlando.
1121     (c)  The board shall meet at least once each calendar
1122quarter to conduct its business.
1123     (d)  The members of the board shall elect a chairperson at
1124the first meeting each year.
1125     (e)  Each member of the board is entitled to per diem and
1126travel expenses as set by legislative appropriation for each day
1127that the member engages in the business of the board.
1128     (2)  The board shall have, through its rules, full power to
1129regulate the issuance of licenses, certifications,
1130registrations, and permits; to discipline appraisers in any
1131manner permitted under this section; to establish qualifications
1132for licenses, certifications, registrations, and permits
1133consistent with this section; to regulate approved courses; to
1134establish standards for real estate appraisals; and to establish
1135standards for and regulate supervisory appraisers.
1136     (3)  Notwithstanding s. 112.313, any member of the board
1137who is a licensed or certified real estate appraiser and who
1138holds an active appraiser instructor permit issued by the
1139department, to the extent authorized pursuant to such permit,
1140may offer, conduct, or teach any course prescribed or approved
1141by the board or the department.
1142     Section 38.  Subsections (4) through (8) of section
1143477.019, Florida Statutes, are renumbered as subsections (3)
1144through (7), respectively, and paragraph (c) of subsection (2)
1145and present subsection (3) of that section are amended to read:
1146     477.019  Cosmetologists; qualifications; licensure;
1147supervised practice; license renewal; endorsement; continuing
1148education.-
1149     (2)  An applicant shall be eligible for licensure by
1150examination to practice cosmetology if the applicant:
1151     (c)1.  Is authorized to practice cosmetology in another
1152state or country, has been so authorized for at least 1 year,
1153and does not qualify for licensure by endorsement as provided
1154for in subsection (5) (6); or
1155     2.  Has received a minimum of 1,200 hours of training as
1156established by the board, which shall include, but shall not be
1157limited to, the equivalent of completion of services directly
1158related to the practice of cosmetology at one of the following:
1159     a.  A school of cosmetology licensed pursuant to chapter
11601005.
1161     b.  A cosmetology program within the public school system.
1162     c.  The Cosmetology Division of the Florida School for the
1163Deaf and the Blind, provided the division meets the standards of
1164this chapter.
1165     d.  A government-operated cosmetology program in this
1166state.
1167
1168The board shall establish by rule procedures whereby the school
1169or program may certify that a person is qualified to take the
1170required examination after the completion of a minimum of 1,000
1171actual school hours. If the person then passes the examination,
1172he or she shall have satisfied this requirement; but if the
1173person fails the examination, he or she shall not be qualified
1174to take the examination again until the completion of the full
1175requirements provided by this section.
1176     (3)  An application for the licensure examination for any
1177license under this section may be submitted for examination
1178approval in the last 100 hours of training by a pregraduate of a
1179licensed cosmetology school or a program within the public
1180school system, which school or program is certified by the
1181Department of Education with fees as required in paragraph
1182(2)(b). Upon approval, the applicant may schedule the
1183examination on a date when the training hours are completed. An
1184applicant shall have 6 months from the date of approval to take
1185the examination. After the 6 months have passed, if the
1186applicant failed to take the examination, the applicant must
1187reapply. The board shall establish by rule the procedures for
1188the pregraduate application process.
1189     Section 39.  Subsection (4) of section 509.211, Florida
1190Statutes, is amended to read:
1191     509.211  Safety regulations.-
1192     (4)  Every enclosed space or room that contains a boiler
1193regulated under chapter 554 which is fired by the direct
1194application of energy from the combustion of fuels and that is
1195located in any portion of a public lodging establishment that
1196also contains sleeping rooms shall be equipped with one or more
1197carbon monoxide sensor devices that bear the label of a
1198nationally recognized testing laboratory and have been tested
1199and listed as complying with the most recent Underwriters
1200Laboratories, Inc., Standard 2034, or its equivalent, unless it
1201is determined that carbon monoxide hazards have otherwise been
1202adequately mitigated as determined by the Division of State Fire
1203Marshal of the Department of Financial Services. Such devices
1204shall be integrated with the public lodging establishment's fire
1205detection system. Any such installation or determination shall
1206be made in accordance with rules adopted by the Division of
1207State Fire Marshal.
1208     Section 40.  Section 548.076, Florida Statutes, is created
1209to read:
1210     548.076  Cease and desist notices.-When the department has
1211probable cause to believe that any person not licensed by the
1212commission has violated any provision of this chapter, or any
1213rule adopted pursuant thereto, the department may issue and
1214deliver to such person a notice to cease and desist from such
1215violation. The department shall issue and enforce such cease and
1216desist notices in accordance with s. 455.228.
1217     Section 41.  Subsection (1) of section 561.17, Florida
1218Statutes, is amended to read:
1219     561.17  License and registration applications; approved
1220person.-
1221     (1)  Any person, before engaging in the business of
1222manufacturing, bottling, distributing, selling, or in any way
1223dealing in alcoholic beverages, shall file, with the district
1224licensing personnel of the district of the division in which the
1225place of business for which a license is sought is located, a
1226sworn application in the format prescribed duplicate on forms
1227provided to the district licensing personnel by the division.
1228The applicant must be a legal or business entity, person, or
1229persons and must include all persons, officers, shareholders,
1230and directors of such legal or business entity that have a
1231direct or indirect interest in the business seeking to be
1232licensed under this part. However, the applicant does not
1233include any person that derives revenue from the license solely
1234through a contractual relationship with the licensee, the
1235substance of which contractual relationship is not related to
1236the control of the sale of alcoholic beverages. Before Prior to
1237any application is being approved, the division may require the
1238applicant to file a set of fingerprints on regular United States
1239Department of Justice forms for herself or himself and for any
1240person or persons interested directly or indirectly with the
1241applicant in the business for which the license is being sought,
1242when so required by the division. If the applicant or any person
1243who is interested with the applicant either directly or
1244indirectly in the business or who has a security interest in the
1245license being sought or has a right to a percentage payment from
1246the proceeds of the business, either by lease or otherwise, is
1247not qualified, the division shall deny the application shall be
1248denied by the division. However, any company regularly traded on
1249a national securities exchange and not over the counter; any
1250insurer, as defined in the Florida Insurance Code; or any bank
1251or savings and loan association chartered by this state, another
1252state, or the United States which has an interest, directly or
1253indirectly, in an alcoholic beverage license is shall not be
1254required to obtain the division's division approval of its
1255officers, directors, or stockholders or any change of such
1256positions or interests. A shopping center with five or more
1257stores, one or more of which has an alcoholic beverage license
1258and is required under a lease common to all shopping center
1259tenants to pay no more than 10 percent of the gross proceeds of
1260the business holding the license to the shopping center, is
1261shall not be considered as having an interest, directly or
1262indirectly, in the license.
1263     Section 42.  For the purpose of incorporating the amendment
1264made by this act to section 455.227, Florida Statutes, in a
1265reference thereto, paragraph (a) of subsection (2) of section
1266468.436, Florida Statutes, is reenacted to read:
1267     468.436  Disciplinary proceedings.-
1268     (2)  The following acts constitute grounds for which the
1269disciplinary actions in subsection (4) may be taken:
1270     (a)  Violation of any provision of s. 455.227(1).
1271     Section 43.  For the purpose of incorporating the amendment
1272made by this act to section 455.227, Florida Statutes, in a
1273reference thereto, paragraph (a) of subsection (1) of section
1274468.832, Florida Statutes, is reenacted to read:
1275     468.832  Disciplinary proceedings.-
1276     (1)  The following acts constitute grounds for which the
1277disciplinary actions in subsection (2) may be taken:
1278     (a)  Violation of any provision of this part or s.
1279455.227(1);
1280     Section 44.  For the purpose of incorporating the amendment
1281made by this act to section 455.227, Florida Statutes, in a
1282reference thereto, paragraph (a) of subsection (1) of section
1283468.842, Florida Statutes, is reenacted to read:
1284     468.842  Disciplinary proceedings.-
1285     (1)  The following acts constitute grounds for which the
1286disciplinary actions in subsection (2) may be taken:
1287     (a)  Violation of any provision of this part or s.
1288455.227(1);
1289     Section 45.  For the purpose of incorporating the amendment
1290made by this act to section 455.227, Florida Statutes, in a
1291reference thereto, paragraph (a) of subsection (1) of section
1292471.033, Florida Statutes, is reenacted to read:
1293     471.033  Disciplinary proceedings.-
1294     (1)  The following acts constitute grounds for which the
1295disciplinary actions in subsection (3) may be taken:
1296     (a)  Violating any provision of s. 455.227(1), s. 471.025,
1297or s. 471.031, or any other provision of this chapter or rule of
1298the board or department.
1299     Section 46.  For the purpose of incorporating the amendment
1300made by this act to section 455.227, Florida Statutes, in a
1301reference thereto, paragraph (a) of subsection (1) of section
1302473.323, Florida Statutes, is reenacted to read:
1303     473.323  Disciplinary proceedings.-
1304     (1)  The following acts constitute grounds for which the
1305disciplinary actions in subsection (3) may be taken:
1306     (a)  Violation of any provision of s. 455.227(1) or any
1307other provision of this chapter.
1308     Section 47.  For the purpose of incorporating the amendment
1309made by this act to section 455.227, Florida Statutes, in a
1310reference thereto, paragraph (a) of subsection (1) of section
1311475.25, Florida Statutes, is reenacted to read:
1312     475.25  Discipline.-
1313     (1)  The commission may deny an application for licensure,
1314registration, or permit, or renewal thereof; may place a
1315licensee, registrant, or permittee on probation; may suspend a
1316license, registration, or permit for a period not exceeding 10
1317years; may revoke a license, registration, or permit; may impose
1318an administrative fine not to exceed $5,000 for each count or
1319separate offense; and may issue a reprimand, and any or all of
1320the foregoing, if it finds that the licensee, registrant,
1321permittee, or applicant:
1322     (a)  Has violated any provision of s. 455.227(1) or s.
1323475.42. However, licensees under this part are exempt from the
1324provisions of s. 455.227(1)(i).
1325     Section 48.  For the purpose of incorporating the amendment
1326made by this act to section 455.227, Florida Statutes, in a
1327reference thereto, subsection (1) of section 475.624, Florida
1328Statutes, is reenacted to read:
1329     475.624  Discipline.-The board may deny an application for
1330registration or certification; may investigate the actions of
1331any appraiser registered, licensed, or certified under this
1332part; may reprimand or impose an administrative fine not to
1333exceed $5,000 for each count or separate offense against any
1334such appraiser; and may revoke or suspend, for a period not to
1335exceed 10 years, the registration, license, or certification of
1336any such appraiser, or place any such appraiser on probation, if
1337it finds that the registered trainee, licensee, or
1338certificateholder:
1339     (1)  Has violated any provisions of this part or s.
1340455.227(1); however, certificateholders, registrants, and
1341licensees under this part are exempt from the provisions of s.
1342455.227(1)(i).
1343     Section 49.  For the purpose of incorporating the amendment
1344made by this act to section 455.227, Florida Statutes, in a
1345reference thereto, paragraph (h) of subsection (1) of section
1346476.204, Florida Statutes, is reenacted to read:
1347     476.204  Penalties.-
1348     (1)  It is unlawful for any person to:
1349     (h)  Violate any provision of s. 455.227(1), s. 476.194, or
1350s. 476.214.
1351     Section 50.  For the purpose of incorporating the amendment
1352made by this act to section 455.227, Florida Statutes, in a
1353reference thereto, paragraph (h) of subsection (1) of section
1354477.029, Florida Statutes, is reenacted to read:
1355     477.029  Penalty.-
1356     (1)  It is unlawful for any person to:
1357     (h)  Violate any provision of s. 455.227(1), s. 477.0265,
1358or s. 477.028.
1359     Section 51.  For the purpose of incorporating the amendment
1360made by this act to section 455.227, Florida Statutes, in a
1361reference thereto, paragraph (a) of subsection (1) of section
1362481.225, Florida Statutes, is reenacted to read:
1363     481.225  Disciplinary proceedings against registered
1364architects.-
1365     (1)  The following acts constitute grounds for which the
1366disciplinary actions in subsection (3) may be taken:
1367     (a)  Violating any provision of s. 455.227(1), s. 481.221,
1368or s. 481.223, or any rule of the board or department lawfully
1369adopted pursuant to this part or chapter 455.
1370     Section 52.  For the purpose of incorporating the amendment
1371made by this act to section 455.227, Florida Statutes, in a
1372reference thereto, paragraph (a) of subsection (1) of section
1373481.325, Florida Statutes, is reenacted to read:
1374     481.325  Disciplinary proceedings.-
1375     (1)  The following acts constitute grounds for which the
1376disciplinary actions in subsection (3) may be taken:
1377     (a)  Violation of any provision of s. 455.227(1), s.
1378481.321, or s. 481.323.
1379     Section 53.  For the purpose of incorporating the amendment
1380made by this act to section 468.832, Florida Statutes, in a
1381reference thereto, subsection (2) of section 468.8314, Florida
1382Statutes, is reenacted to read:
1383     468.8314  Licensure.-
1384     (2)  The department shall certify for licensure any
1385applicant who satisfies the requirements of s. 468.8313 and who
1386has passed the licensing examination. The department may refuse
1387to certify any applicant who has violated any of the provisions
1388of s. 468.832.
1389     Section 54.  This act shall take effect July 1, 2010.


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