Bill Amendment: FL S0474 | 2020 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Deregulation of Professions and Occupations
Status: 2020-03-12 - Laid on Table, refer to CS/HB 1193 [S0474 Detail]
Download: Florida-2020-S0474-Senate_Committee_Amendment_377130.html
Bill Title: Deregulation of Professions and Occupations
Status: 2020-03-12 - Laid on Table, refer to CS/HB 1193 [S0474 Detail]
Download: Florida-2020-S0474-Senate_Committee_Amendment_377130.html
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 474
Ì377130uÎ377130
LEGISLATIVE ACTION
Senate . House
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The Committee on Innovation, Industry, and Technology
(Albritton) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 232 - 2196
4 and insert:
5 Section 3. Present subsection (4) of section 322.57,
6 Florida Statutes, is redesignated as subsection (5), and a new
7 subsection (4) is added to that section, to read
8 322.57 Tests of knowledge concerning specified vehicles;
9 endorsement; nonresidents; violations.—
10 (4)(a) As used in this subsection, the term “servicemember”
11 means a member of any branch of the United States military or
12 military reserves, the United States Coast Guard or its
13 reserves, the Florida National Guard, or the Florida Air
14 National Guard.
15 (b) The department shall waive the requirement to pass the
16 Commercial Driver License Skills Tests for servicemembers and
17 veterans if:
18 1. The applicant has been honorably discharged from
19 military service within 1 year of the application, if the
20 applicant is a veteran;
21 2. The applicant is trained as an MOS 88M Army Motor
22 Transport Operator or similar military job specialty;
23 3. The applicant has received training to operate large
24 trucks in compliance with the Federal Motor Carrier Safety
25 Administration; and
26 4. The applicant has at least 2 years of experience in the
27 military driving vehicles that would require a commercial driver
28 license to operate.
29 (c) An applicant must complete every other requirement for
30 a commercial driver license within 1 year of receiving a waiver
31 under paragraph (b) or the waiver is invalid.
32 (d)The department shall adopt rules to administer this
33 subsection.
34 Section 4. Subsection (13) of section 326.004, Florida
35 Statutes, is amended to read:
36 326.004 Licensing.—
37 (13) Each broker must maintain a principal place of
38 business in this state and may establish branch offices in the
39 state. A separate license must be maintained for each branch
40 office. The division shall establish by rule a fee not to exceed
41 $100 for each branch office license.
42 Section 5. Subsection (3) of section 447.02, Florida
43 Statutes, is amended to read:
44 447.02 Definitions.—The following terms, when used in this
45 chapter, shall have the meanings ascribed to them in this
46 section:
47 (3) The term “department” means the Department of Business
48 and Professional Regulation.
49 Section 6. Section 447.04, Florida Statutes, is repealed.
50 Section 7. Section 447.041, Florida Statutes, is repealed.
51 Section 8. Section 447.045, Florida Statutes, is repealed.
52 Section 9. Section 447.06, Florida Statutes, is repealed.
53 Section 10. Subsections (6) and (8) of section 447.09,
54 Florida Statutes, are amended to read:
55 447.09 Right of franchise preserved; penalties.—It shall be
56 unlawful for any person:
57 (6) To act as a business agent without having obtained and
58 possessing a valid and subsisting license or permit.
59 (8) To make any false statement in an application for a
60 license.
61 Section 11. Section 447.12, Florida Statutes, is repealed.
62 Section 12. Section 447.16, Florida Statutes, is repealed.
63 Section 13. Subsection (4) of section 447.305, Florida
64 Statutes, is amended to read:
65 447.305 Registration of employee organization.—
66 (4) Notification of registrations and renewals of
67 registration shall be furnished at regular intervals by the
68 commission to the Department of Business and Professional
69 Regulation.
70 Section 14. Subsection (14) is added to section 455.213,
71 Florida Statutes, to read:
72 455.213 General licensing provisions.—
73 (14) The department or a board must enter into a reciprocal
74 licensing agreement with other states if the practice act within
75 the purview of this chapter permits such agreement. If a
76 reciprocal licensing agreement exists or if the department or
77 board has determined another state’s licensing requirements or
78 examinations to be substantially equivalent or more stringent to
79 those under the practice act, the department or board must post
80 on its website which jurisdictions have such reciprocal
81 licensing agreements or substantially similar licenses.
82 Section 15. Paragraph (k) of subsection (1) of section
83 456.072, Florida Statutes, is amended to read:
84 456.072 Grounds for discipline; penalties; enforcement.—
85 (1) The following acts shall constitute grounds for which
86 the disciplinary actions specified in subsection (2) may be
87 taken:
88 (k) Failing to perform any statutory or legal obligation
89 placed upon a licensee. For purposes of this section, failing to
90 repay a student loan issued or guaranteed by the state or the
91 Federal Government in accordance with the terms of the loan is
92 not or failing to comply with service scholarship obligations
93 shall be considered a failure to perform a statutory or legal
94 obligation, and the minimum disciplinary action imposed shall be
95 a suspension of the license until new payment terms are agreed
96 upon or the scholarship obligation is resumed, followed by
97 probation for the duration of the student loan or remaining
98 scholarship obligation period, and a fine equal to 10 percent of
99 the defaulted loan amount. Fines collected shall be deposited
100 into the Medical Quality Assurance Trust Fund.
101 Section 16. Section 456.0721, Florida Statutes, is
102 repealed.
103 Section 17. Subsection (4) of section 456.074, Florida
104 Statutes, is amended to read:
105 456.074 Certain health care practitioners; immediate
106 suspension of license.—
107 (4) Upon receipt of information that a Florida-licensed
108 health care practitioner has defaulted on a student loan issued
109 or guaranteed by the state or the Federal Government, the
110 department shall notify the licensee by certified mail that he
111 or she shall be subject to immediate suspension of license
112 unless, within 45 days after the date of mailing, the licensee
113 provides proof that new payment terms have been agreed upon by
114 all parties to the loan. The department shall issue an emergency
115 order suspending the license of any licensee who, after 45 days
116 following the date of mailing from the department, has failed to
117 provide such proof. Production of such proof shall not prohibit
118 the department from proceeding with disciplinary action against
119 the licensee pursuant to s. 456.073.
120 Section 18. Paragraph (b) of subsection (7) of section
121 468.385, Florida Statutes, is amended to read:
122 468.385 Licenses required; qualifications; examination.—
123 (7)
124 (b) A No business may not shall auction or offer to auction
125 any property in this state unless it is owned by an auctioneer
126 who is licensed as an auction business by the department board
127 or is exempt from licensure under this act. Each application for
128 licensure must shall include the names of the owner and the
129 business, the business mailing address and location, and any
130 other information which the board may require. The owner of an
131 auction business shall report to the board within 30 days of any
132 change in this required information.
133 Section 19. Paragraph (f) of subsection (5) of section
134 468.603, Florida Statutes, is amended to read:
135 468.603 Definitions.—As used in this part:
136 (5) “Categories of building code inspectors” include the
137 following:
138 (f) “Residential One and two family dwelling inspector”
139 means a person who is qualified to inspect and determine that
140 one-family, two-family, or three-family residences not exceeding
141 two habitable stories above no more than one uninhabitable story
142 and accessory use structures in connection therewith one and two
143 family dwellings and accessory structures are constructed in
144 accordance with the provisions of the governing building,
145 plumbing, mechanical, accessibility, and electrical codes.
146 Section 20. Section 468.613, Florida Statutes, is amended
147 to read:
148 468.613 Certification by endorsement.—The board shall
149 examine other certification or training programs, as applicable,
150 upon submission to the board for its consideration of an
151 application for certification by endorsement. The board shall
152 waive its examination, qualification, education, or training
153 requirements, to the extent that such examination,
154 qualification, education, or training requirements of the
155 applicant are determined by the board to be comparable with
156 those established by the board. The board shall waive its
157 examination, qualification, education, or training requirements
158 if an applicant for certification by endorsement is at least 18
159 years of age; is of good moral character; has held a valid
160 building administrator, inspector, plans examiner, or the
161 equivalent, certification issued by another state or territory
162 of the United States for at least 10 years before the date of
163 application; and has successfully passed an applicable
164 examination administered by the International Code Council. Such
165 application must be made either when the license in another
166 state or territory is active or within 2 years after such
167 license was last active.
168 Section 21. Subsection (3) of section 468.8314, Florida
169 Statutes, is amended to read:
170 468.8314 Licensure.—
171 (3) The department shall certify as qualified for a license
172 by endorsement an applicant who is of good moral character as
173 determined in s. 468.8313, who maintains an insurance policy as
174 required by s. 468.8322, and who:;
175 (a) Holds a valid license to practice home inspection
176 services in another state or territory of the United States,
177 whose educational requirements are substantially equivalent to
178 those required by this part; and has passed a national,
179 regional, state, or territorial licensing examination that is
180 substantially equivalent to the examination required by this
181 part; or
182 (b) Has held a valid license to practice home inspection
183 services issued by another state or territory of the United
184 States for at least 10 years before the date of application.
185 Such application must be made either when the license in another
186 state or territory is active or within 2 years after such
187 license was last active.
188 Section 22. Subsection (5) of section 471.015, Florida
189 Statutes, is amended to read:
190 471.015 Licensure.—
191 (5)(a) The board shall deem that an applicant who seeks
192 licensure by endorsement has passed an examination substantially
193 equivalent to the fundamentals examination when such applicant
194 has held a valid professional engineer’s license in another
195 state for 10 15 years and has had 20 years of continuous
196 professional-level engineering experience.
197 (b) The board shall deem that an applicant who seeks
198 licensure by endorsement has passed an examination substantially
199 equivalent to the fundamentals examination and the principles
200 and practices examination when such applicant has held a valid
201 professional engineer’s license in another state for 15 25 years
202 and has had 30 years of continuous professional-level
203 engineering experience.
204 Section 23. Subsection (7) of section 473.308, Florida
205 Statutes, is amended to read:
206 473.308 Licensure.—
207 (7) The board shall certify as qualified for a license by
208 endorsement an applicant who:
209 (a)1. Is not licensed and has not been licensed in another
210 state or territory and who has met the requirements of this
211 section for education, work experience, and good moral character
212 and has passed a national, regional, state, or territorial
213 licensing examination that is substantially equivalent to the
214 examination required by s. 473.306; or and
215 2. Has completed such continuing education courses as the
216 board deems appropriate, within the limits for each applicable
217 2-year period as set forth in s. 473.312, but at least such
218 courses as are equivalent to the continuing education
219 requirements for a Florida certified public accountant licensed
220 in this state during the 2 years immediately preceding her or
221 his application for licensure by endorsement; or
222 (b)1.a. Holds a valid license to practice public accounting
223 issued by another state or territory of the United States, if
224 the criteria for issuance of such license were substantially
225 equivalent to the licensure criteria that existed in this state
226 at the time the license was issued;
227 2.b. Holds a valid license to practice public accounting
228 issued by another state or territory of the United States but
229 the criteria for issuance of such license did not meet the
230 requirements of sub-subparagraph a.; has met the requirements of
231 this section for education, work experience, and good moral
232 character; and has passed a national, regional, state, or
233 territorial licensing examination that is substantially
234 equivalent to the examination required by s. 473.306; or
235 3.c. Holds a valid license to practice public accounting
236 issued by another state or territory of the United States for at
237 least 10 years before the date of application; has passed a
238 national, regional, state, or territorial licensing examination
239 that is substantially equivalent to the examination required by
240 s. 473.306; and has met the requirements of this section for
241 good moral character; and
242 2. Has completed continuing education courses that are
243 equivalent to the continuing education requirements for a
244 Florida certified public accountant licensed in this state
245 during the 2 years immediately preceding her or his application
246 for licensure by endorsement.
247 Section 24. Subsection (6) of section 474.202, Florida
248 Statutes, is amended to read:
249 474.202 Definitions.—As used in this chapter:
250 (6) “Limited-service veterinary medical practice” means
251 offering or providing veterinary services at any location that
252 has a primary purpose other than that of providing veterinary
253 medical service at a permanent or mobile establishment permitted
254 by the board; provides veterinary medical services for privately
255 owned animals that do not reside at that location; operates for
256 a limited time; and provides limited types of veterinary medical
257 services, including vaccinations or immunizations against
258 disease, preventative procedures for parasitic control, and
259 microchipping.
260 Section 25. Paragraph (b) of subsection (2) of section
261 474.207, Florida Statutes, is amended to read:
262 474.207 Licensure by examination.—
263 (2) The department shall license each applicant who the
264 board certifies has:
265 (b)1. Graduated from a college of veterinary medicine
266 accredited by the American Veterinary Medical Association
267 Council on Education; or
268 2. Graduated from a college of veterinary medicine listed
269 in the American Veterinary Medical Association Roster of
270 Veterinary Colleges of the World and obtained a certificate from
271 the Education Commission for Foreign Veterinary Graduates or the
272 Program for the Assessment of Veterinary Education Equivalence.
273
274 The department shall not issue a license to any applicant who is
275 under investigation in any state or territory of the United
276 States or in the District of Columbia for an act which would
277 constitute a violation of this chapter until the investigation
278 is complete and disciplinary proceedings have been terminated,
279 at which time the provisions of s. 474.214 shall apply.
280 Section 26. Subsection (1) of section 474.217, Florida
281 Statutes, is amended to read:
282 474.217 Licensure by endorsement.—
283 (1) The department shall issue a license by endorsement to
284 any applicant who, upon applying to the department and remitting
285 a fee set by the board, demonstrates to the board that she or
286 he:
287 (a) Has demonstrated, in a manner designated by rule of the
288 board, knowledge of the laws and rules governing the practice of
289 veterinary medicine in this state; and
290 (b)1. Either Holds, and has held for the 3 years
291 immediately preceding the application for licensure, a valid,
292 active license to practice veterinary medicine in another state
293 of the United States, the District of Columbia, or a territory
294 of the United States, provided that the applicant has
295 successfully completed a state, regional, national, or other
296 examination that is equivalent to or more stringent than the
297 examination required by the board requirements for licensure in
298 the issuing state, district, or territory are equivalent to or
299 more stringent than the requirements of this chapter; or
300 2. Meets the qualifications of s. 474.207(2)(b) and has
301 successfully completed a state, regional, national, or other
302 examination which is equivalent to or more stringent than the
303 examination given by the department and has passed the board’s
304 clinical competency examination or another clinical competency
305 examination specified by rule of the board.
306 Section 27. Subsection (2) of section 476.114, Florida
307 Statutes, is amended to read:
308 476.114 Examination; prerequisites.—
309 (2) An applicant shall be eligible for licensure by
310 examination to practice barbering if the applicant:
311 (a) Is at least 16 years of age;
312 (b) Pays the required application fee; and
313 (c)1. Holds an active valid license to practice barbering
314 in another state, has held the license for at least 1 year, and
315 does not qualify for licensure by endorsement as provided for in
316 s. 476.144(5); or
317 2. Has received a minimum of 900 1,200 hours of training in
318 sanitation, safety, and laws and rules, as established by the
319 board, which shall include, but shall not be limited to, the
320 equivalent of completion of services directly related to the
321 practice of barbering at one of the following:
322 a. A school of barbering licensed pursuant to chapter 1005;
323 b. A barbering program within the public school system; or
324 c. A government-operated barbering program in this state.
325
326 The board shall establish by rule procedures whereby the school
327 or program may certify that a person is qualified to take the
328 required examination after the completion of a minimum of 600
329 1,000 actual school hours. If the person passes the examination,
330 she or he shall have satisfied this requirement; but if the
331 person fails the examination, she or he shall not be qualified
332 to take the examination again until the completion of the full
333 requirements provided by this section.
334 Section 28. Subsection (5) of section 476.144, Florida
335 Statutes, is amended to read:
336 476.144 Licensure.—
337 (5) The board shall certify as qualified for licensure by
338 endorsement as a barber in this state an applicant who holds a
339 current active license to practice barbering in another state.
340 The board shall adopt rules specifying procedures for the
341 licensure by endorsement of practitioners desiring to be
342 licensed in this state who hold a current active license in
343 another state or country and who have met qualifications
344 substantially similar to, equivalent to, or greater than the
345 qualifications required of applicants from this state.
346 Section 29. Subsection (9) of section 477.013, Florida
347 Statutes, is amended to read:
348 477.013 Definitions.—As used in this chapter:
349 (9) “Hair braiding” means the weaving or interweaving of
350 natural human hair or commercial hair, including the use of hair
351 extensions or wefts, for compensation without cutting, coloring,
352 permanent waving, relaxing, removing, or chemical treatment and
353 does not include the use of hair extensions or wefts.
354 Section 30. Section 477.0132, Florida Statutes, is
355 repealed.
356 Section 31. Subsections (7) through (10) are added to
357 section 477.0135, Florida Statutes, to read:
358 477.0135 Exemptions.—
359 (7) A license or registration is not required for a person
360 whose occupation or practice is confined solely to hair braiding
361 as defined in s. 477.013(9).
362 (8) A license or registration is not required for a person
363 whose occupation or practice is confined solely to hair wrapping
364 as defined in s. 477.013(10).
365 (9) A license or registration is not required for a person
366 whose occupation or practice is confined solely to body wrapping
367 as defined in s. 477.013(12).
368 (10) A license or registration is not required for a person
369 whose occupation or practice is confined solely to applying
370 polish to fingernails and toenails.
371 Section 32. Subsections (6) and (7) of section 477.019,
372 Florida Statutes, are amended to read:
373 477.019 Cosmetologists; qualifications; licensure;
374 supervised practice; license renewal; endorsement; continuing
375 education.—
376 (6) The board shall certify as qualified for licensure by
377 endorsement as a cosmetologist in this state an applicant who
378 holds a current active license to practice cosmetology in
379 another state and who has completed a 2-hour course approved by
380 the board on human immunodeficiency virus and acquired immune
381 deficiency syndrome. The board may not require proof of
382 educational hours if the license was issued in a state that
383 requires 1,200 or more hours of prelicensure education and
384 passage of a written examination. This subsection does not apply
385 to applicants who received their license in another state
386 through an apprenticeship program.
387 (7)(a) The board shall prescribe by rule continuing
388 education requirements intended to ensure protection of the
389 public through updated training of licensees and registered
390 specialists, not to exceed 10 16 hours biennially, as a
391 condition for renewal of a license or registration as a
392 specialist under this chapter. Continuing education courses
393 shall include, but not be limited to, the following subjects as
394 they relate to the practice of cosmetology: human
395 immunodeficiency virus and acquired immune deficiency syndrome;
396 Occupational Safety and Health Administration regulations;
397 workers’ compensation issues; state and federal laws and rules
398 as they pertain to cosmetologists, cosmetology, salons,
399 specialists, specialty salons, and booth renters; chemical
400 makeup as it pertains to hair, skin, and nails; and
401 environmental issues. Courses given at cosmetology conferences
402 may be counted toward the number of continuing education hours
403 required if approved by the board.
404 (b) Any person whose occupation or practice is confined
405 solely to hair braiding, hair wrapping, or body wrapping is
406 exempt from the continuing education requirements of this
407 subsection.
408 (c) The board may, by rule, require any licensee in
409 violation of a continuing education requirement to take a
410 refresher course or refresher course and examination in addition
411 to any other penalty. The number of hours for the refresher
412 course may not exceed 48 hours.
413 Section 33. Subsection (1) of section 477.0201, Florida
414 Statutes, is amended to read:
415 477.0201 Specialty registration; qualifications;
416 registration renewal; endorsement.—
417 (1) Any person is qualified for registration as a
418 specialist in any one or more of the specialty practice
419 practices within the practice of cosmetology under this chapter
420 who:
421 (a) Is at least 16 years of age or has received a high
422 school diploma.
423 (b) Has received a certificate of completion for: in a
424 1. One hundred and eighty hours of training, as established
425 by the board, which shall focus primarily on sanitation and
426 safety, to practice specialties as defined in s. 477.013(6)(a)
427 and (b); specialty pursuant to s. 477.013(6)
428 2. Two hundred and twenty hours of training, as established
429 by the board, which shall focus primarily on sanitation and
430 safety, to practice the specialty as defined in s.
431 477.013(6)(c); or
432 3. Four hundred hours of training or the number of hours of
433 training required to maintain minimum Pell Grant requirements,
434 as established by the board, which shall focus primarily on
435 sanitation and safety, to practice the specialties as defined in
436 s. 477.013(6)(a)-(c).
437 (c) The certificate of completion specified in paragraph
438 (b) must be from one of the following:
439 1. A school licensed pursuant to s. 477.023.
440 2. A school licensed pursuant to chapter 1005 or the
441 equivalent licensing authority of another state.
442 3. A specialty program within the public school system.
443 4. A specialty division within the Cosmetology Division of
444 the Florida School for the Deaf and the Blind, provided the
445 training programs comply with minimum curriculum requirements
446 established by the board.
447 Section 34. Paragraph (f) of subsection (1) of section
448 477.026, Florida Statutes, is amended to read:
449 477.026 Fees; disposition.—
450 (1) The board shall set fees according to the following
451 schedule:
452 (f) For hair braiders, hair wrappers, and body wrappers,
453 fees for registration shall not exceed $25.
454 Section 35. Subsection (4) of section 477.0263, Florida
455 Statutes, is amended, and subsection (5) is added to that
456 section, to read:
457 477.0263 Cosmetology services to be performed in licensed
458 salon; exceptions.—
459 (4) Pursuant to rules adopted by the board, any cosmetology
460 or specialty service may be performed in a location other than a
461 licensed salon when the service is performed in connection with
462 a special event and is performed by a person who is employed by
463 a licensed salon and who holds the proper license or specialty
464 registration. An appointment for the performance of any such
465 service in a location other than a licensed salon must be made
466 through a licensed salon.
467 (5) Hair shampooing, hair cutting, hair arranging, nail
468 polish removal, nail filing, nail buffing, and nail cleansing
469 may be performed in a location other than a licensed salon when
470 the service is performed by a person who holds the proper
471 license.
472 Section 36. Paragraph (f) of subsection (1) of section
473 477.0265, Florida Statutes, is amended to read:
474 477.0265 Prohibited acts.—
475 (1) It is unlawful for any person to:
476 (f) Advertise or imply that skin care services or body
477 wrapping, as performed under this chapter, have any relationship
478 to the practice of massage therapy as defined in s. 480.033(3),
479 except those practices or activities defined in s. 477.013.
480 Section 37. Paragraph (a) of subsection (1) of section
481 477.029, Florida Statutes, is amended to read:
482 477.029 Penalty.—
483 (1) It is unlawful for any person to:
484 (a) Hold himself or herself out as a cosmetologist or,
485 specialist, hair wrapper, hair braider, or body wrapper unless
486 duly licensed or registered, or otherwise authorized, as
487 provided in this chapter.
488 Section 38. Section 481.201, Florida Statutes, is amended
489 to read:
490 481.201 Purpose.—The primary legislative purpose for
491 enacting this part is to ensure that every architect practicing
492 in this state meets minimum requirements for safe practice. It
493 is the legislative intent that architects who fall below minimum
494 competency or who otherwise present a danger to the public shall
495 be prohibited from practicing in this state. The Legislature
496 further finds that it is in the interest of the public to limit
497 the practice of interior design to interior designers or
498 architects who have the design education and training required
499 by this part or to persons who are exempted from the provisions
500 of this part.
501 Section 39. Section 481.203, Florida Statutes, is amended
502 to read:
503 481.203 Definitions.—As used in this part, the term:
504 (3)(1) “Board” means the Board of Architecture and Interior
505 Design.
506 (7)(2) “Department” means the Department of Business and
507 Professional Regulation.
508 (1)(3) “Architect” or “registered architect” means a
509 natural person who is licensed under this part to engage in the
510 practice of architecture.
511 (5)(4) “Certificate of registration” means a license or
512 registration issued by the department to a natural person to
513 engage in the practice of architecture or interior design.
514 (4)(5) “Business organization” means a partnership, a
515 limited liability company, a corporation, or an individual
516 operating under a fictitious name “Certificate of authorization”
517 means a certificate issued by the department to a corporation or
518 partnership to practice architecture or interior design.
519 (2)(6) “Architecture” means the rendering or offering to
520 render services in connection with the design and construction
521 of a structure or group of structures which have as their
522 principal purpose human habitation or use, and the utilization
523 of space within and surrounding such structures. These services
524 include planning, providing preliminary study designs, drawings
525 and specifications, job-site inspection, and administration of
526 construction contracts.
527 (16)(7) “Townhouse” is a single-family dwelling unit not
528 exceeding three stories in height which is constructed in a
529 series or group of attached units with property lines separating
530 such units. Each townhouse shall be considered a separate
531 building and shall be separated from adjoining townhouses by the
532 use of separate exterior walls meeting the requirements for zero
533 clearance from property lines as required by the type of
534 construction and fire protection requirements; or shall be
535 separated by a party wall; or may be separated by a single wall
536 meeting the following requirements:
537 (a) Such wall shall provide not less than 2 hours of fire
538 resistance. Plumbing, piping, ducts, or electrical or other
539 building services shall not be installed within or through the
540 2-hour wall unless such materials and methods of penetration
541 have been tested in accordance with the Standard Building Code.
542 (b) Such wall shall extend from the foundation to the
543 underside of the roof sheathing, and the underside of the roof
544 shall have at least 1 hour of fire resistance for a width not
545 less than 4 feet on each side of the wall.
546 (c) Each dwelling unit sharing such wall shall be designed
547 and constructed to maintain its structural integrity independent
548 of the unit on the opposite side of the wall.
549 (10)(8) “Interior design” means designs, consultations,
550 studies, drawings, specifications, and administration of design
551 construction contracts relating to nonstructural interior
552 elements of a building or structure. “Interior design” includes,
553 but is not limited to, reflected ceiling plans, space planning,
554 furnishings, and the fabrication of nonstructural elements
555 within and surrounding interior spaces of buildings. “Interior
556 design” specifically excludes the design of or the
557 responsibility for architectural and engineering work, except
558 for specification of fixtures and their location within interior
559 spaces. As used in this subsection, “architectural and
560 engineering interior construction relating to the building
561 systems” includes, but is not limited to, construction of
562 structural, mechanical, plumbing, heating, air-conditioning,
563 ventilating, electrical, or vertical transportation systems, or
564 construction which materially affects lifesafety systems
565 pertaining to firesafety protection such as fire-rated
566 separations between interior spaces, fire-rated vertical shafts
567 in multistory structures, fire-rated protection of structural
568 elements, smoke evacuation and compartmentalization, emergency
569 ingress or egress systems, and emergency alarm systems.
570 (11)(9) “Registered interior designer” or “interior
571 designer” means a natural person who holds a valid certificate
572 of registration to practice interior design is licensed under
573 this part.
574 (12)(10) “Nonstructural element” means an element which
575 does not require structural bracing and which is something other
576 than a load-bearing wall, load-bearing column, or other load
577 bearing element of a building or structure which is essential to
578 the structural integrity of the building.
579 (13)(11) “Reflected ceiling plan” means a ceiling design
580 plan which is laid out as if it were projected downward and
581 which may include lighting and other elements.
582 (15)(12) “Space planning” means the analysis, programming,
583 or design of spatial requirements, including preliminary space
584 layouts and final planning.
585 (6)(13) “Common area” means an area that is held out for
586 use by all tenants or owners in a multiple-unit dwelling,
587 including, but not limited to, a lobby, elevator, hallway,
588 laundry room, clubhouse, or swimming pool.
589 (8)(14) “Diversified interior design experience” means
590 experience which substantially encompasses the various elements
591 of interior design services set forth under the definition of
592 “interior design” in subsection (10)(8).
593 (9)(15) “Interior decorator services” includes the
594 selection or assistance in selection of surface materials,
595 window treatments, wallcoverings, paint, floor coverings,
596 surface-mounted lighting, surface-mounted fixtures, and loose
597 furnishings not subject to regulation under applicable building
598 codes.
599 (14)(16) “Responsible supervising control” means the
600 exercise of direct personal supervision and control throughout
601 the preparation of documents, instruments of service, or any
602 other work requiring the seal and signature of a licensee under
603 this part.
604 Section 40. Paragraph (a) of subsection (3) of section
605 481.205, Florida Statutes, is amended to read:
606 481.205 Board of Architecture and Interior Design.—
607 (3)(a) Notwithstanding the provisions of ss. 455.225,
608 455.228, and 455.32, the duties and authority of the department
609 to receive complaints and investigate and discipline persons
610 licensed or registered under this part, including the ability to
611 determine legal sufficiency and probable cause; to initiate
612 proceedings and issue final orders for summary suspension or
613 restriction of a license or certificate of registration pursuant
614 to s. 120.60(6); to issue notices of noncompliance, notices to
615 cease and desist, subpoenas, and citations; to retain legal
616 counsel, investigators, or prosecutorial staff in connection
617 with the licensed practice of architecture or registered and
618 interior design; and to investigate and deter the unlicensed
619 practice of architecture and interior design as provided in s.
620 455.228 are delegated to the board. All complaints and any
621 information obtained pursuant to an investigation authorized by
622 the board are confidential and exempt from s. 119.07(1) as
623 provided in s. 455.225(2) and (10).
624 Section 41. Section 481.207, Florida Statutes, is amended
625 to read:
626 481.207 Fees.—
627 (1) The board, by rule, may establish separate fees for
628 architects and interior designers, to be paid for applications,
629 examination, reexamination, licensing and renewal, delinquency,
630 reinstatement, and recordmaking and recordkeeping. The
631 examination fee shall be in an amount that covers the cost of
632 obtaining and administering the examination and shall be
633 refunded if the applicant is found ineligible to sit for the
634 examination. The application fee is nonrefundable. The fee for
635 initial application and examination for architects and interior
636 designers may not exceed $775 plus the actual per applicant cost
637 to the department for purchase of the examination from the
638 National Council of Architectural Registration Boards or the
639 National Council of Interior Design Qualifications,
640 respectively, or similar national organizations. The biennial
641 renewal fee for architects may not exceed $200. The biennial
642 renewal fee for interior designers may not exceed $500. The
643 delinquency fee may not exceed the biennial renewal fee
644 established by the board for an active license. The board shall
645 establish fees that are adequate to ensure the continued
646 operation of the board and to fund the proportionate expenses
647 incurred by the department which are allocated to the regulation
648 of architects and registered interior designers. Fees shall be
649 based on department estimates of the revenue required to
650 implement this part and the provisions of law with respect to
651 the regulation of architects and interior designers.
652 (2) The board may establish a fee for certificates of
653 registration for interior designers. Such fee, if established,
654 is not refundable and may not exceed $75. A certificate of
655 registration is valid for 2 years and a registered interior
656 designer may renew the registration. The biennial renewal fee
657 may not exceed $75.
658 Section 42. Section 481.209, Florida Statutes, is amended
659 to read:
660 481.209 Examinations.—
661 (1) A person desiring to be licensed as a registered
662 architect by initial examination shall apply to the department,
663 complete the application form, and remit a nonrefundable
664 application fee. The department shall license any applicant who
665 the board certifies:
666 (a) has passed the licensure examination prescribed by
667 board rule; and
668 (b) is a graduate of a school or college of architecture
669 with a program accredited by the National Architectural
670 Accreditation Board.
671 (2) A person seeking to obtain a certificate of
672 registration as a registered interior designer and a seal
673 pursuant to s. 481.221 must provide the department with his or
674 her name and address and written proof that he or she has
675 successfully passed the qualification examination prescribed by
676 the Council for Interior Design Qualification or its successor
677 entity or the California Council for Interior Design
678 Certification or its successor entity, or has successfully
679 passed an equivalent exam as determined by the department A
680 person desiring to be licensed as a registered interior designer
681 shall apply to the department for licensure. The department
682 shall administer the licensure examination for interior
683 designers to each applicant who has completed the application
684 form and remitted the application and examination fees specified
685 in s. 481.207 and who the board certifies:
686 (a) Is a graduate from an interior design program of 5
687 years or more and has completed 1 year of diversified interior
688 design experience;
689 (b) Is a graduate from an interior design program of 4
690 years or more and has completed 2 years of diversified interior
691 design experience;
692 (c) Has completed at least 3 years in an interior design
693 curriculum and has completed 3 years of diversified interior
694 design experience; or
695 (d) Is a graduate from an interior design program of at
696 least 2 years and has completed 4 years of diversified interior
697 design experience.
698
699 Subsequent to October 1, 2000, for the purpose of having the
700 educational qualification required under this subsection
701 accepted by the board, the applicant must complete his or her
702 education at a program, school, or college of interior design
703 whose curriculum has been approved by the board as of the time
704 of completion. Subsequent to October 1, 2003, all of the
705 required amount of educational credits shall have been obtained
706 in a program, school, or college of interior design whose
707 curriculum has been approved by the board, as of the time each
708 educational credit is gained. The board shall adopt rules
709 providing for the review and approval of programs, schools, and
710 colleges of interior design and courses of interior design study
711 based on a review and inspection by the board of the curriculum
712 of programs, schools, and colleges of interior design in the
713 United States, including those programs, schools, and colleges
714 accredited by the Foundation for Interior Design Education
715 Research. The board shall adopt rules providing for the review
716 and approval of diversified interior design experience required
717 by this subsection.
718 Section 43. Section 481.213, Florida Statutes, is amended
719 to read:
720 481.213 Licensure and registration.—
721 (1) The department shall license or register any applicant
722 who the board certifies is qualified for licensure or
723 registration and who has paid the initial licensure or
724 registration fee. Licensure as an architect under this section
725 shall be deemed to include all the rights and privileges of
726 registration licensure as an interior designer under this
727 section.
728 (2) The board shall certify for licensure or registration
729 by examination any applicant who passes the prescribed licensure
730 or registration examination and satisfies the requirements of
731 ss. 481.209 and 481.211, for architects, or the requirements of
732 s. 481.209, for interior designers.
733 (3) The board shall certify as qualified for a license by
734 endorsement as an architect or registration as a registered an
735 interior designer an applicant who:
736 (a) Qualifies to take the prescribed licensure or
737 registration examination, and has passed the prescribed
738 licensure registration examination or a substantially equivalent
739 examination in another jurisdiction, as set forth in s. 481.209
740 for architects or registered interior designers, as applicable,
741 and has satisfied the internship requirements set forth in s.
742 481.211 for architects;
743 (b) Holds a valid license to practice architecture or a
744 license, registration, or certification to practice interior
745 design issued by another jurisdiction of the United States, if
746 the criteria for issuance of such license were substantially
747 equivalent to the licensure criteria that existed in this state
748 at the time the license was issued; provided, however, that an
749 applicant who has been licensed for use of the title “interior
750 design” rather than licensed to practice interior design shall
751 not qualify hereunder; or
752 (c) Has passed the prescribed licensure examination and
753 holds a valid certificate issued by the National Council of
754 Architectural Registration Boards, and holds a valid license to
755 practice architecture issued by another state or jurisdiction of
756 the United States.
757
758 An architect who is licensed in another state who seeks
759 qualification for license by endorsement under this subsection
760 must complete a class approved by the board on the Florida
761 Building Code.
762 (4) The board may refuse to certify any applicant who has
763 violated any of the provisions of s. 481.223, s. 481.225, or s.
764 481.2251, as applicable.
765 (5) The board may refuse to certify any applicant who is
766 under investigation in any jurisdiction for any act which would
767 constitute a violation of this part or of chapter 455 until such
768 time as the investigation is complete and disciplinary
769 proceedings have been terminated.
770 (6) The board shall adopt rules to implement the provisions
771 of this part relating to the examination, internship, and
772 licensure of applicants.
773 (7) For persons whose licensure requires satisfaction of
774 the requirements of ss. 481.209 and 481.211, the board shall, by
775 rule, establish qualifications for certification of such persons
776 as special inspectors of threshold buildings, as defined in ss.
777 553.71 and 553.79, and shall compile a list of persons who are
778 certified. A special inspector is not required to meet standards
779 for certification other than those established by the board, and
780 the fee owner of a threshold building may not be prohibited from
781 selecting any person certified by the board to be a special
782 inspector. The board shall develop minimum qualifications for
783 the qualified representative of the special inspector who is
784 authorized under s. 553.79 to perform inspections of threshold
785 buildings on behalf of the special inspector.
786 (8) A certificate of registration is not required for a
787 person whose occupation or practice is confined to interior
788 decorator services or for a person whose occupation or practice
789 is confined to interior design except as required in this part.
790 Section 44. Subsection (1) of section 481.2131, Florida
791 Statutes, is amended to read:
792 481.2131 Interior design; practice requirements; disclosure
793 of compensation for professional services.—
794 (1) A registered interior designer is authorized to perform
795 “interior design” as defined in s. 481.203. Interior design
796 documents prepared by a registered interior designer shall
797 contain a statement that the document is not an architectural or
798 engineering study, drawing, specification, or design and is not
799 to be used for construction of any load-bearing columns, load
800 bearing framing or walls of structures, or issuance of any
801 building permit, except as otherwise provided by law. Interior
802 design documents that are prepared and sealed by a registered
803 interior designer must may, if required by a permitting body, be
804 accepted by the permitting body be submitted for the issuance of
805 a building permit for interior construction excluding design of
806 any structural, mechanical, plumbing, heating, air-conditioning,
807 ventilating, electrical, or vertical transportation systems or
808 that materially affect lifesafety systems pertaining to
809 firesafety protection such as fire-rated separations between
810 interior spaces, fire-rated vertical shafts in multistory
811 structures, fire-rated protection of structural elements, smoke
812 evacuation and compartmentalization, emergency ingress or egress
813 systems, and emergency alarm systems. Interior design documents
814 submitted for the issuance of a building permit by an individual
815 performing interior design services who is not a licensed
816 architect must include a seal issued by the department and in
817 conformance with the requirements of s. 481.221.
818 Section 45. Section 481.215, Florida Statutes, is amended
819 to read:
820 481.215 Renewal of license or certificate of registration.—
821 (1) Subject to the requirement of subsection (3), the
822 department shall renew a license or certificate of registration
823 upon receipt of the renewal application and renewal fee.
824 (2) The department shall adopt rules establishing a
825 procedure for the biennial renewal of licenses and certificate
826 of registrations.
827 (3) A No license or certificate of registration renewal may
828 not shall be issued to an architect or a registered an interior
829 designer by the department until the licensee or registrant
830 submits proof satisfactory to the department that, during the 2
831 years before prior to application for renewal, the licensee or
832 registrant participated per biennium in not less than 20 hours
833 of at least 50 minutes each per biennium of continuing education
834 approved by the board. The board shall approve only continuing
835 education that builds upon the basic knowledge of architecture
836 or interior design. The board may make exception from the
837 requirements of continuing education in emergency or hardship
838 cases.
839 (4) The board shall by rule establish criteria for the
840 approval of continuing education courses and providers and shall
841 by rule establish criteria for accepting alternative
842 nonclassroom continuing education on an hour-for-hour basis.
843 (5) The board shall require, by rule adopted pursuant to
844 ss. 120.536(1) and 120.54, a specified number of hours in
845 specialized or advanced courses, approved by the Florida
846 Building Commission, on any portion of the Florida Building
847 Code, adopted pursuant to part IV of chapter 553, relating to
848 the licensee’s respective area of practice.
849 Section 46. Section 481.217, Florida Statutes, is amended
850 to read:
851 481.217 Inactive status.—
852 (1) The board may prescribe by rule continuing education
853 requirements as a condition of reactivating a license. The rules
854 may not require more than one renewal cycle of continuing
855 education to reactivate a license or registration for a
856 registered architect or registered interior designer. For
857 interior design, the board may approve only continuing education
858 that builds upon the basic knowledge of interior design.
859 (2) The board shall adopt rules relating to application
860 procedures for inactive status and for the reactivation of
861 inactive licenses and registrations.
862 Section 47. Section 481.219, Florida Statutes, is amended
863 to read:
864 481.219 Qualification of business organizations
865 certification of partnerships, limited liability companies, and
866 corporations.—
867 (1) A licensee may The practice of or the offer to practice
868 architecture or interior design by licensees through a qualified
869 business organization that offers corporation, limited liability
870 company, or partnership offering architectural or interior
871 design services to the public, or by a corporation, limited
872 liability company, or partnership offering architectural or
873 interior design services to the public through licensees under
874 this part as agents, employees, officers, or partners, is
875 permitted, subject to the provisions of this section.
876 (2) If a licensee or an applicant proposes to engage in the
877 practice of architecture as a business organization, the
878 licensee or applicant shall qualify the business organization
879 upon approval of the board For the purposes of this section, a
880 certificate of authorization shall be required for a
881 corporation, limited liability company, partnership, or person
882 practicing under a fictitious name, offering architectural
883 services to the public jointly or separately. However, when an
884 individual is practicing architecture in her or his own name,
885 she or he shall not be required to be certified under this
886 section. Certification under this subsection to offer
887 architectural services shall include all the rights and
888 privileges of certification under subsection (3) to offer
889 interior design services.
890 (3)(a) A business organization may not engage in the
891 practice of architecture unless its qualifying agent is a
892 registered architect under this part. A qualifying agent who
893 terminates an affiliation with a qualified business organization
894 shall immediately notify the department of such termination. If
895 such qualifying agent is the only qualifying agent for that
896 business organization, the business organization must be
897 qualified by another qualifying agent within 60 days after the
898 termination. Except as provided in paragraph (b), the business
899 organization may not engage in the practice of architecture
900 until it is qualified by another qualifying agent.
901 (b) In the event a qualifying agent ceases employment with
902 a qualified business organization, the executive director or the
903 chair of the board may authorize another registered architect
904 employed by the business organization to temporarily serve as
905 its qualifying agent for a period of no more than 60 days. The
906 business organization is not authorized to operate beyond such
907 period under this chapter absent replacement of the qualifying
908 agent who has ceased employment.
909 (c) A qualifying agent shall notify the department in
910 writing before engaging in the practice of architecture in her
911 or his own name or in affiliation with a different business
912 organization, and she or he or such business organization shall
913 supply the same information to the department as required of
914 applicants under this part.
915 (3) For the purposes of this section, a certificate of
916 authorization shall be required for a corporation, limited
917 liability company, partnership, or person operating under a
918 fictitious name, offering interior design services to the public
919 jointly or separately. However, when an individual is practicing
920 interior design in her or his own name, she or he shall not be
921 required to be certified under this section.
922 (4) All final construction documents and instruments of
923 service which include drawings, specifications, plans, reports,
924 or other papers or documents that involve involving the practice
925 of architecture which are prepared or approved for the use of
926 the business organization corporation, limited liability
927 company, or partnership and filed for public record within the
928 state must shall bear the signature and seal of the licensee who
929 prepared or approved them and the date on which they were
930 sealed.
931 (5) All drawings, specifications, plans, reports, or other
932 papers or documents prepared or approved for the use of the
933 corporation, limited liability company, or partnership by an
934 interior designer in her or his professional capacity and filed
935 for public record within the state shall bear the signature and
936 seal of the licensee who prepared or approved them and the date
937 on which they were sealed.
938 (6) The department shall issue a certificate of
939 authorization to any applicant who the board certifies as
940 qualified for a certificate of authorization and who has paid
941 the fee set in s. 481.207.
942 (7) The board shall allow a licensee or certify an
943 applicant to qualify one or more business organizations as
944 qualified for a certificate of authorization to offer
945 architectural or interior design services, or to use a
946 fictitious name to offer such services, if provided that:
947 (a) one or more of the principal officers of the
948 corporation or limited liability company, or one or more
949 partners of the partnership, and all personnel of the
950 corporation, limited liability company, or partnership who act
951 in its behalf in this state as architects, are registered as
952 provided by this part; or
953 (b) One or more of the principal officers of the
954 corporation or one or more partners of the partnership, and all
955 personnel of the corporation, limited liability company, or
956 partnership who act in its behalf in this state as interior
957 designers, are registered as provided by this part.
958 (8) The department shall adopt rules establishing a
959 procedure for the biennial renewal of certificates of
960 authorization.
961 (9) The department shall renew a certificate of
962 authorization upon receipt of the renewal application and
963 biennial renewal fee.
964 (6)(10) Each qualifying agent who qualifies a business
965 organization, partnership, limited liability company, or and
966 corporation certified under this section shall notify the
967 department within 30 days after of any change in the information
968 contained in the application upon which the qualification
969 certification is based. Any registered architect or interior
970 designer who qualifies the business organization shall ensure
971 corporation, limited liability company, or partnership as
972 provided in subsection (7) shall be responsible for ensuring
973 responsible supervising control of projects of the business
974 organization entity and shall notify the department of the upon
975 termination of her or his employment with a business
976 organization qualified partnership, limited liability company,
977 or corporation certified under this section shall notify the
978 department of the termination within 30 days after such
979 termination.
980 (7)(11) A business organization is not No corporation,
981 limited liability company, or partnership shall be relieved of
982 responsibility for the conduct or acts of its agents, employees,
983 or officers by reason of its compliance with this section.
984 However, except as provided in s. 558.0035, the architect who
985 signs and seals the construction documents and instruments of
986 service is shall be liable for the professional services
987 performed, and the interior designer who signs and seals the
988 interior design drawings, plans, or specifications shall be
989 liable for the professional services performed.
990 (12) Disciplinary action against a corporation, limited
991 liability company, or partnership shall be administered in the
992 same manner and on the same grounds as disciplinary action
993 against a registered architect or interior designer,
994 respectively.
995 (8)(13) Nothing in This section may not shall be construed
996 to mean that a certificate of registration to practice
997 architecture must or interior design shall be held by a business
998 organization corporation, limited liability company, or
999 partnership. Nothing in This section does not prohibit a
1000 business organization from offering prohibits corporations,
1001 limited liability companies, and partnerships from joining
1002 together to offer architectural, engineering, interior design,
1003 surveying and mapping, and landscape architectural services, or
1004 any combination of such services, to the public if the business
1005 organization, provided that each corporation, limited liability
1006 company, or partnership otherwise meets the requirements of law.
1007 (14) Corporations, limited liability companies, or
1008 partnerships holding a valid certificate of authorization to
1009 practice architecture shall be permitted to use in their title
1010 the term “interior designer” or “registered interior designer.”
1011 Section 48. Subsections (1), (3), (5), (7), (10), (11), and
1012 (12) of section 481.221, Florida Statutes, are amended to read:
1013 481.221 Seals; display of certificate number.—
1014 (1) The department board shall prescribe, by rule, one or
1015 more forms of seals to be used by registered architects holding
1016 valid certificates of registration.
1017 (3) The department board shall adopt a rule prescribing the
1018 distinctly different seals to be used by registered interior
1019 designers holding valid certificates of registration. Each
1020 registered interior designer shall obtain a seal as prescribed
1021 by the department board, and all drawings, plans,
1022 specifications, or reports prepared or issued by the registered
1023 interior designer and being filed for public record shall bear
1024 the signature and seal of the registered interior designer who
1025 prepared or approved the document and the date on which they
1026 were sealed. The signature, date, and seal shall be evidence of
1027 the authenticity of that to which they are affixed. Final plans,
1028 specifications, or reports prepared or issued by a registered
1029 interior designer may be transmitted electronically and may be
1030 signed by the registered interior designer, dated, and sealed
1031 electronically with the seal in accordance with ss. 668.001
1032 668.006.
1033 (5) No registered interior designer shall affix, or permit
1034 to be affixed, her or his seal or signature to any plan,
1035 specification, drawing, or other document which depicts work
1036 which she or he is not competent or registered licensed to
1037 perform.
1038 (7) No registered interior designer shall affix her or his
1039 signature or seal to any plans, specifications, or other
1040 documents which were not prepared by her or him or under her or
1041 his responsible supervising control or by another registered
1042 interior designer and reviewed, approved, or modified and
1043 adopted by her or him as her or his own work according to rules
1044 adopted by the department board.
1045 (10) Each registered architect must or interior designer,
1046 and each corporation, limited liability company, or partnership
1047 holding a certificate of authorization, shall include her or his
1048 license its certificate number in any newspaper, telephone
1049 directory, or other advertising medium used by the registered
1050 licensee. Each business organization must include the license
1051 number of the registered architect who serves as the qualifying
1052 agent for that business organization in any newspaper, telephone
1053 directory, or other advertising medium used by the business
1054 organization architect, interior designer, corporation, limited
1055 liability company, or partnership. A corporation, limited
1056 liability company, or partnership is not required to display the
1057 certificate number of individual registered architects or
1058 interior designers employed by or working within the
1059 corporation, limited liability company, or partnership.
1060 (11) When the certificate of registration of a registered
1061 architect or interior designer has been revoked or suspended by
1062 the board, the registered architect or interior designer shall
1063 surrender her or his seal to the secretary of the board within a
1064 period of 30 days after the revocation or suspension has become
1065 effective. If the certificate of the registered architect or
1066 interior designer has been suspended for a period of time, her
1067 or his seal shall be returned to her or him upon expiration of
1068 the suspension period.
1069 (12) A person may not sign and seal by any means any final
1070 plan, specification, or report after her or his certificate of
1071 registration has expired or is suspended or revoked. A
1072 registered architect or interior designer whose certificate of
1073 registration is suspended or revoked shall, within 30 days after
1074 the effective date of the suspension or revocation, surrender
1075 her or his seal to the executive director of the board and
1076 confirm in writing to the executive director the cancellation of
1077 the registered architect’s or interior designer’s electronic
1078 signature in accordance with ss. 668.001-668.006. When a
1079 registered architect’s or interior designer’s certificate of
1080 registration is suspended for a period of time, her or his seal
1081 shall be returned upon expiration of the period of suspension.
1082 Section 50. Section 481.223, Florida Statutes, is amended
1083 to read:
1084 481.223 Prohibitions; penalties; injunctive relief.—
1085 (1) A person may not knowingly:
1086 (a) Practice architecture unless the person is an architect
1087 or a registered architect; however, a licensed architect who has
1088 been licensed by the board and who chooses to relinquish or not
1089 to renew his or her license may use the title “Architect,
1090 Retired” but may not otherwise render any architectural
1091 services.
1092 (b) Practice interior design unless the person is a
1093 registered interior designer unless otherwise exempted herein;
1094 however, an interior designer who has been licensed by the board
1095 and who chooses to relinquish or not to renew his or her license
1096 may use the title “Interior Designer, Retired” but may not
1097 otherwise render any interior design services.
1098 (b)(c) Use the name or title “architect,” or “registered
1099 architect,” or “interior designer” or “registered interior
1100 designer,” or words to that effect, when the person is not then
1101 the holder of a valid license or certificate of registration
1102 issued pursuant to this part. This paragraph does not restrict
1103 the use of the name or title “interior designer” or “interior
1104 design firm.”
1105 (c)(d) Present as his or her own the license of another.
1106 (d)(e) Give false or forged evidence to the board or a
1107 member thereof.
1108 (e)(f) Use or attempt to use an architect or interior
1109 designer license or interior design certificate of registration
1110 that has been suspended, revoked, or placed on inactive or
1111 delinquent status.
1112 (f)(g) Employ unlicensed persons to practice architecture
1113 or interior design.
1114 (g)(h) Conceal information relative to violations of this
1115 part.
1116 (2) Any person who violates any provision of subsection (1)
1117 commits a misdemeanor of the first degree, punishable as
1118 provided in s. 775.082 or s. 775.083.
1119 (3)(a) Notwithstanding chapter 455 or any other law to the
1120 contrary, an affected person may maintain an action for
1121 injunctive relief to restrain or prevent a person from violating
1122 paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
1123 prevailing party is entitled to actual costs and attorney’s
1124 fees.
1125 (b) For purposes of this subsection, the term “affected
1126 person” means a person directly affected by the actions of a
1127 person suspected of violating paragraph (1)(a) or, paragraph
1128 (1)(b), or paragraph (1)(c) and includes, but is not limited to,
1129 the department, any person who received services from the
1130 alleged violator, or any private association composed primarily
1131 of members of the profession the alleged violator is practicing
1132 or offering to practice or holding himself or herself out as
1133 qualified to practice.
1134 Section 51. Section 481.2251, Florida Statutes, is amended
1135 to read:
1136 481.2251 Disciplinary proceedings against registered
1137 interior designers.—
1138 (1) The following acts constitute grounds for which the
1139 disciplinary actions specified in subsection (2) may be taken:
1140 (a) Attempting to register obtain, obtaining, or renewing
1141 registration, by bribery, by fraudulent misrepresentation, or
1142 through an error of the board, a license to practice interior
1143 design;
1144 (b) Having an interior design license, certification, or
1145 registration a license to practice interior design revoked,
1146 suspended, or otherwise acted against, including the denial of
1147 licensure, registration, or certification by the licensing
1148 authority of another jurisdiction for any act which would
1149 constitute a violation of this part or of chapter 455;
1150 (c) Being convicted or found guilty, regardless of
1151 adjudication, of a crime in any jurisdiction which directly
1152 relates to the provision of interior design services or to the
1153 ability to provide interior design services. A plea of nolo
1154 contendere shall create a rebuttable presumption of guilt to the
1155 underlying criminal charges. However, the board shall allow the
1156 person being disciplined to present any evidence relevant to the
1157 underlying charges and the circumstances surrounding her or his
1158 plea;
1159 (d) False, deceptive, or misleading advertising;
1160 (e) Failing to report to the board any person who the
1161 licensee knows is in violation of this part or the rules of the
1162 board;
1163 (f) Aiding, assisting, procuring, or advising any
1164 unlicensed person to use the title “interior designer” contrary
1165 to this part or to a rule of the board;
1166 (g) Failing to perform any statutory or legal obligation
1167 placed upon a registered interior designer;
1168 (h) Making or filing a report which the registrant licensee
1169 knows to be false, intentionally or negligently failing to file
1170 a report or record required by state or federal law, or
1171 willfully impeding or obstructing such filing or inducing
1172 another person to do so. Such reports or records shall include
1173 only those which are signed in the capacity as a registered
1174 interior designer;
1175 (f)(i) Making deceptive, untrue, or fraudulent
1176 representations in the provision of interior design services;
1177 (g)(j) Accepting and performing professional
1178 responsibilities which the registrant licensee knows or has
1179 reason to know that she or he is not competent or licensed to
1180 perform;
1181 (k) Violating any provision of this part, any rule of the
1182 board, or a lawful order of the board previously entered in a
1183 disciplinary hearing;
1184 (l) Conspiring with another licensee or with any other
1185 person to commit an act, or committing an act, which would tend
1186 to coerce, intimidate, or preclude another licensee from
1187 lawfully advertising her or his services;
1188 (m) Acceptance of compensation or any consideration by an
1189 interior designer from someone other than the client without
1190 full disclosure of the compensation or consideration amount or
1191 value to the client prior to the engagement for services, in
1192 violation of s. 481.2131(2);
1193 (h)(n) Rendering or offering to render architectural
1194 services; or
1195 (i)(o) Committing an act of fraud or deceit, or of
1196 negligence, incompetency, or misconduct, in the practice of
1197 interior design, including, but not limited to, allowing the
1198 preparation of any interior design studies, plans, or other
1199 instruments of service in an office that does not have a full
1200 time Florida-registered interior designer assigned to such
1201 office or failing to exercise responsible supervisory control
1202 over services or projects, as required by board rule.
1203 (2) When the board finds any person guilty of any of the
1204 grounds set forth in subsection (1), it may enter an order
1205 taking the following action or imposing one or more of the
1206 following penalties:
1207 (a) Refusal to register the applicant approve an
1208 application for licensure;
1209 (b) Refusal to renew an existing registration license;
1210 (c) Removal from the state registry Revocation or
1211 suspension of a license; or
1212 (d) Imposition of an administrative fine not to exceed $500
1213 $1,000 for each violation or separate offense and a fine of up
1214 to $2,500 $5,000 for matters pertaining to a material violation
1215 of the Florida Building Code as reported by a local
1216 jurisdiction; or
1217 (e) Issuance of a reprimand.
1218 Section 52. Paragraph (b) of subsection (5), and
1219 subsections (6), and (8) of section 481.229, Florida Statutes,
1220 are amended to read:
1221 481.229 Exceptions; exemptions from licensure.—
1222 (5)
1223 (b) Notwithstanding any other provision of this part, all
1224 persons licensed as architects under this part shall be
1225 qualified for interior design registration licensure upon
1226 submission of a completed application for such license and a fee
1227 not to exceed $30. Such persons shall be exempt from the
1228 requirements of s. 481.209(2). For architects licensed as
1229 interior designers, satisfaction of the requirements for renewal
1230 of licensure as an architect under s. 481.215 shall be deemed to
1231 satisfy the requirements for renewal of registration licensure
1232 as an interior designer under that section. Complaint
1233 processing, investigation, or other discipline-related legal
1234 costs related to persons licensed as interior designers under
1235 this paragraph shall be assessed against the architects’ account
1236 of the Regulatory Trust Fund.
1237 (6) This part shall not apply to:
1238 (a) A person who performs interior design services or
1239 interior decorator services for any residential application,
1240 provided that such person does not advertise as, or represent
1241 himself or herself as, an interior designer. For purposes of
1242 this paragraph, “residential applications” includes all types of
1243 residences, including, but not limited to, residence buildings,
1244 single-family homes, multifamily homes, townhouses, apartments,
1245 condominiums, and domestic outbuildings appurtenant to one
1246 family or two-family residences. However, “residential
1247 applications” does not include common areas associated with
1248 instances of multiple-unit dwelling applications.
1249 (b) an employee of a retail establishment providing
1250 “interior decorator services” on the premises of the retail
1251 establishment or in the furtherance of a retail sale or
1252 prospective retail sale, provided that such employee does not
1253 advertise as, or represent himself or herself as, an interior
1254 designer.
1255 (8) A manufacturer of commercial food service equipment or
1256 the manufacturer’s representative, distributor, or dealer or an
1257 employee thereof, who prepares designs, specifications, or
1258 layouts for the sale or installation of such equipment is exempt
1259 from licensure as an architect or interior designer, if:
1260 (a) The designs, specifications, or layouts are not used
1261 for construction or installation that may affect structural,
1262 mechanical, plumbing, heating, air conditioning, ventilating,
1263 electrical, or vertical transportation systems.
1264 (b) The designs, specifications, or layouts do not
1265 materially affect lifesafety systems pertaining to firesafety
1266 protection, smoke evacuation and compartmentalization, and
1267 emergency ingress or egress systems.
1268 (c) Each design, specification, or layout document prepared
1269 by a person or entity exempt under this subsection contains a
1270 statement on each page of the document that the designs,
1271 specifications, or layouts are not architectural, interior
1272 design, or engineering designs, specifications, or layouts and
1273 not used for construction unless reviewed and approved by a
1274 licensed architect or engineer.
1275 Section 53. Subsection (1) of section 481.231, Florida
1276 Statutes, is amended to read:
1277 481.231 Effect of part locally.—
1278 (1) Nothing in This part does not shall be construed to
1279 repeal, amend, limit, or otherwise affect any specific provision
1280 of any local building code or zoning law or ordinance that has
1281 been duly adopted, now or hereafter enacted, which is more
1282 restrictive, with respect to the services of registered
1283 architects or registered interior designers, than the provisions
1284 of this part; provided, however, that a licensed architect shall
1285 be deemed registered licensed as an interior designer for
1286 purposes of offering or rendering interior design services to a
1287 county, municipality, or other local government or political
1288 subdivision.
1289 Section 54. Section 481.303, Florida Statutes, is amended
1290 to read:
1291 481.303 Definitions.—As used in this chapter, the term:
1292 (1) “Board” means the Board of Landscape Architecture.
1293 (3)(2) “Department” means the Department of Business and
1294 Professional Regulation.
1295 (6)(3) “Registered landscape architect” means a person who
1296 holds a license to practice landscape architecture in this state
1297 under the authority of this act.
1298 (2)(4) “Certificate of registration” means a license issued
1299 by the department to a natural person to engage in the practice
1300 of landscape architecture.
1301 (5) “Certificate of authorization” means a license issued
1302 by the department to a corporation or partnership to engage in
1303 the practice of landscape architecture.
1304 (4)(6) “Landscape architecture” means professional
1305 services, including, but not limited to, the following:
1306 (a) Consultation, investigation, research, planning,
1307 design, preparation of drawings, specifications, contract
1308 documents and reports, responsible construction supervision, or
1309 landscape management in connection with the planning and
1310 development of land and incidental water areas, including the
1311 use of Florida-friendly landscaping as defined in s. 373.185,
1312 where, and to the extent that, the dominant purpose of such
1313 services or creative works is the preservation, conservation,
1314 enhancement, or determination of proper land uses, natural land
1315 features, ground cover and plantings, or naturalistic and
1316 aesthetic values;
1317 (b) The determination of settings, grounds, and approaches
1318 for and the siting of buildings and structures, outdoor areas,
1319 or other improvements;
1320 (c) The setting of grades, shaping and contouring of land
1321 and water forms, determination of drainage, and provision for
1322 storm drainage and irrigation systems where such systems are
1323 necessary to the purposes outlined herein; and
1324 (d) The design of such tangible objects and features as are
1325 necessary to the purpose outlined herein.
1326 (5)(7) “Landscape design” means consultation for and
1327 preparation of planting plans drawn for compensation, including
1328 specifications and installation details for plant materials,
1329 soil amendments, mulches, edging, gravel, and other similar
1330 materials. Such plans may include only recommendations for the
1331 conceptual placement of tangible objects for landscape design
1332 projects. Construction documents, details, and specifications
1333 for tangible objects and irrigation systems shall be designed or
1334 approved by licensed professionals as required by law.
1335 Section 55. Section 481.310, Florida Statutes, is amended
1336 to read:
1337 481.310 Practical experience requirement.—Beginning October
1338 1, 1990, every applicant for licensure as a registered landscape
1339 architect shall demonstrate, prior to licensure, 1 year of
1340 practical experience in landscape architectural work. An
1341 applicant who holds a master of landscape architecture degree
1342 and a bachelor’s degree in a related field is not required to
1343 demonstrate 1 year of practical experience in landscape
1344 architectural work to obtain licensure. The board shall adopt
1345 rules providing standards for the required experience. An
1346 applicant who qualifies for examination pursuant to s.
1347 481.309(1)(b)1. may obtain the practical experience after
1348 completing the required professional degree. Experience used to
1349 qualify for examination pursuant to s. 481.309(1)(b)2. may not
1350 be used to satisfy the practical experience requirement under
1351 this section.
1352 Section 56. Subsections (3) and (4) of section 481.311,
1353 Florida Statutes, are amended, to read:
1354 481.311 Licensure.—
1355 (3) The board shall certify as qualified for a license by
1356 endorsement an applicant who:
1357 (a) Qualifies to take the examination as set forth in s.
1358 481.309; and has passed a national, regional, state, or
1359 territorial licensing examination which is substantially
1360 equivalent to the examination required by s. 481.309; or
1361 (b) holds a valid license to practice landscape
1362 architecture issued by another state or territory of the United
1363 States, if the criteria for issuance of such license were
1364 substantially identical to the licensure criteria which existed
1365 in this state at the time the license was issued.
1366 (4) The board shall certify as qualified for a certificate
1367 of authorization any applicant corporation or partnership who
1368 satisfies the requirements of s. 481.319.
1369 Section 57. Subsection (2) of section 481.317, Florida
1370 Statutes, is amended to read:
1371 481.317 Temporary certificates.—
1372 (2) Upon approval by the board and payment of the fee set
1373 in s. 481.307, the department shall grant a temporary
1374 certificate of authorization for work on one specified project
1375 in this state for a period not to exceed 1 year to an out-of
1376 state corporation, partnership, or firm, provided one of the
1377 principal officers of the corporation, one of the partners of
1378 the partnership, or one of the principals in the fictitiously
1379 named firm has obtained a temporary certificate of registration
1380 in accordance with subsection (1).
1381 Section 58. Section 481.319, Florida Statutes, is amended
1382 to read:
1383 481.319 Corporate and partnership practice of landscape
1384 architecture; certificate of authorization.—
1385 (1) The practice of or offer to practice landscape
1386 architecture by registered landscape architects registered under
1387 this part through a corporation or partnership offering
1388 landscape architectural services to the public, or through a
1389 corporation or partnership offering landscape architectural
1390 services to the public through individual registered landscape
1391 architects as agents, employees, officers, or partners, is
1392 permitted, subject to the provisions of this section, if:
1393 (a) One or more of the principal officers of the
1394 corporation, or partners of the partnership, and all personnel
1395 of the corporation or partnership who act in its behalf as
1396 landscape architects in this state are registered landscape
1397 architects; and
1398 (b) One or more of the officers, one or more of the
1399 directors, one or more of the owners of the corporation, or one
1400 or more of the partners of the partnership is a registered
1401 landscape architect; and
1402 (c) The corporation or partnership has been issued a
1403 certificate of authorization by the board as provided herein.
1404 (2) All documents involving the practice of landscape
1405 architecture which are prepared for the use of the corporation
1406 or partnership shall bear the signature and seal of a registered
1407 landscape architect.
1408 (3) A landscape architect applying to practice in the name
1409 of a An applicant corporation must shall file with the
1410 department the names and addresses of all officers and board
1411 members of the corporation, including the principal officer or
1412 officers, duly registered to practice landscape architecture in
1413 this state and, also, of all individuals duly registered to
1414 practice landscape architecture in this state who shall be in
1415 responsible charge of the practice of landscape architecture by
1416 the corporation in this state. A landscape architect applying to
1417 practice in the name of a An applicant partnership must shall
1418 file with the department the names and addresses of all partners
1419 of the partnership, including the partner or partners duly
1420 registered to practice landscape architecture in this state and,
1421 also, of an individual or individuals duly registered to
1422 practice landscape architecture in this state who shall be in
1423 responsible charge of the practice of landscape architecture by
1424 said partnership in this state.
1425 (4) Each landscape architect qualifying a partnership or
1426 and corporation licensed under this part must shall notify the
1427 department within 1 month after of any change in the information
1428 contained in the application upon which the license is based.
1429 Any landscape architect who terminates her or his or her
1430 employment with a partnership or corporation licensed under this
1431 part shall notify the department of the termination within 1
1432 month after such termination.
1433 (5) Disciplinary action against a corporation or
1434 partnership shall be administered in the same manner and on the
1435 same grounds as disciplinary action against a registered
1436 landscape architect.
1437 (6) Except as provided in s. 558.0035, the fact that a
1438 registered landscape architect practices landscape architecture
1439 through a corporation or partnership as provided in this section
1440 does not relieve the landscape architect from personal liability
1441 for her or his or her professional acts.
1442 Section 59. Subsection (5) of section 481.321, Florida
1443 Statutes, is amended to read:
1444 481.321 Seals; display of certificate number.—
1445 (5) Each registered landscape architect must and each
1446 corporation or partnership holding a certificate of
1447 authorization shall include her or his its certificate number in
1448 any newspaper, telephone directory, or other advertising medium
1449 used by the registered landscape architect, corporation, or
1450 partnership. A corporation or partnership must is not required
1451 to display the certificate number numbers of at least one
1452 officer, director, owner, or partner who is a individual
1453 registered landscape architect architects employed by or
1454 practicing with the corporation or partnership.
1455 Section 60. Subsection (5) of section 481.329, Florida
1456 Statutes, is amended to read:
1457 481.329 Exceptions; exemptions from licensure.—
1458 (5) This part does not prohibit any person from engaging in
1459 the practice of landscape design, as defined in s. 481.303 s.
1460 481.303(7), or from submitting for approval to a governmental
1461 agency planting plans that are independent of, or a component
1462 of, construction documents that are prepared by a Florida
1463 registered professional. Persons providing landscape design
1464 services shall not use the title, term, or designation
1465 “landscape architect,” “landscape architectural,” “landscape
1466 architecture,” “L.A.,” “landscape engineering,” or any
1467 description tending to convey the impression that she or he is a
1468 landscape architect unless she or he is registered as provided
1469 in this part.
1470 Section 61. Subsection (9) of section 489.103, Florida
1471 Statutes, is amended to read:
1472 489.103 Exemptions.—This part does not apply to:
1473 (9) Any work or operation of a casual, minor, or
1474 inconsequential nature in which the aggregate contract price for
1475 labor, materials, and all other items is less than $2,500
1476 $1,000, but this exemption does not apply:
1477 (a) If the construction, repair, remodeling, or improvement
1478 is a part of a larger or major operation, whether undertaken by
1479 the same or a different contractor, or in which a division of
1480 the operation is made in contracts of amounts less than $2,500
1481 $1,000 for the purpose of evading this part or otherwise.
1482 (b) To a person who advertises that he or she is a
1483 contractor or otherwise represents that he or she is qualified
1484 to engage in contracting.
1485 Section 62. Subsection (2) of section 489.111, Florida
1486 Statutes, is amended to read:
1487 489.111 Licensure by examination.—
1488 (2) A person shall be eligible for licensure by examination
1489 if the person:
1490 (a) Is 18 years of age;
1491 (b) Is of good moral character; and
1492 (c) Meets eligibility requirements according to one of the
1493 following criteria:
1494 1. Has received a baccalaureate degree from an accredited
1495 4-year college in the appropriate field of engineering,
1496 architecture, or building construction and has 1 year of proven
1497 experience in the category in which the person seeks to qualify.
1498 For the purpose of this part, a minimum of 2,000 person-hours
1499 shall be used in determining full-time equivalency.
1500 2. Has a total of at least 4 years of active experience as
1501 a worker who has learned the trade by serving an apprenticeship
1502 as a skilled worker who is able to command the rate of a
1503 mechanic in the particular trade or as a foreman who is in
1504 charge of a group of workers and usually is responsible to a
1505 superintendent or a contractor or his or her equivalent,
1506 provided, however, that at least 1 year of active experience
1507 shall be as a foreman.
1508 3. Has a combination of not less than 1 year of experience
1509 as a foreman and not less than 3 years of credits for any
1510 accredited college-level courses; has a combination of not less
1511 than 1 year of experience as a skilled worker, 1 year of
1512 experience as a foreman, and not less than 2 years of credits
1513 for any accredited college-level courses; or has a combination
1514 of not less than 2 years of experience as a skilled worker, 1
1515 year of experience as a foreman, and not less than 1 year of
1516 credits for any accredited college-level courses. All junior
1517 college or community college-level courses shall be considered
1518 accredited college-level courses.
1519 4.a. An active certified residential contractor is eligible
1520 to receive a certified building contractor license after passing
1521 or having previously passed take the building contractors’
1522 examination if he or she possesses a minimum of 3 years of
1523 proven experience in the classification in which he or she is
1524 certified.
1525 b. An active certified residential contractor is eligible
1526 to receive a certified general contractor license after passing
1527 or having previously passed take the general contractors’
1528 examination if he or she possesses a minimum of 4 years of
1529 proven experience in the classification in which he or she is
1530 certified.
1531 c. An active certified building contractor is eligible to
1532 receive a certified general contractor license after passing or
1533 having previously passed take the general contractors’
1534 examination if he or she possesses a minimum of 4 years of
1535 proven experience in the classification in which he or she is
1536 certified.
1537 5.a. An active certified air-conditioning Class C
1538 contractor is eligible to receive a certified air-conditioning
1539 Class B contractor license after passing or having previously
1540 passed take the air-conditioning Class B contractors’
1541 examination if he or she possesses a minimum of 3 years of
1542 proven experience in the classification in which he or she is
1543 certified.
1544 b. An active certified air-conditioning Class C contractor
1545 is eligible to receive a certified air-conditioning Class A
1546 contractor license after passing or having previously passed
1547 take the air-conditioning Class A contractors’ examination if he
1548 or she possesses a minimum of 4 years of proven experience in
1549 the classification in which he or she is certified.
1550 c. An active certified air-conditioning Class B contractor
1551 is eligible to receive a certified air-conditioning Class A
1552 contractor license after passing or having previously passed
1553 take the air-conditioning Class A contractors’ examination if he
1554 or she possesses a minimum of 1 year of proven experience in the
1555 classification in which he or she is certified.
1556 6.a. An active certified swimming pool servicing contractor
1557 is eligible to receive a certified residential swimming pool
1558 contractor license after passing or having previously passed
1559 take the residential swimming pool contractors’ examination if
1560 he or she possesses a minimum of 3 years of proven experience in
1561 the classification in which he or she is certified.
1562 b. An active certified swimming pool servicing contractor
1563 is eligible to receive a certified commercial swimming pool
1564 contractor license after passing or having previously passed
1565 take the swimming pool commercial contractors’ examination if he
1566 or she possesses a minimum of 4 years of proven experience in
1567 the classification in which he or she is certified.
1568 c. An active certified residential swimming pool contractor
1569 is eligible to receive a certified commercial swimming pool
1570 contractor license after passing or having previously passed
1571 take the commercial swimming pool contractors’ examination if he
1572 or she possesses a minimum of 1 year of proven experience in the
1573 classification in which he or she is certified.
1574 d. An applicant is eligible to receive a certified swimming
1575 pool/spa servicing contractor license after passing or having
1576 previously passed take the swimming pool/spa servicing
1577 contractors’ examination if he or she has satisfactorily
1578 completed 60 hours of instruction in courses related to the
1579 scope of work covered by that license and approved by the
1580 Construction Industry Licensing Board by rule and has at least 1
1581 year of proven experience related to the scope of work of such a
1582 contractor.
1583 Section 63. Subsection (3) of section 489.115, Florida
1584 Statutes, is amended to read:
1585 489.115 Certification and registration; endorsement;
1586 reciprocity; renewals; continuing education.—
1587 (3) The board shall certify as qualified for certification
1588 by endorsement any applicant who:
1589 (a) Meets the requirements for certification as set forth
1590 in this section; has passed a national, regional, state, or
1591 United States territorial licensing examination that is
1592 substantially equivalent to the examination required by this
1593 part; and has satisfied the requirements set forth in s.
1594 489.111;
1595 (b) Holds a valid license to practice contracting issued by
1596 another state or territory of the United States, if the criteria
1597 for issuance of such license were substantially equivalent to
1598 Florida’s current certification criteria; or
1599 (c) Holds a valid, current license to practice contracting
1600 issued by another state or territory of the United States, if
1601 the state or territory has entered into a reciprocal agreement
1602 with the board for the recognition of contractor licenses issued
1603 in that state, based on criteria for the issuance of such
1604 licenses that are substantially equivalent to the criteria for
1605 certification in this state; or
1606 (d) Has held a valid, current license to practice
1607 contracting issued by another state or territory of the United
1608 States for at least 10 years before the date of application and
1609 is applying for the same or similar license in this state,
1610 subject to subsections (5)-(9). The board may consider whether
1611 such applicant has had a license to practice contracting
1612 revoked, suspended, or otherwise acted against by the licensing
1613 authority of another state, territory, or country. Such
1614 application must be made either when the license in another
1615 state or territory is active or within 2 years after such
1616 license was last active.
1617 Section 64. Subsection (5) of section 489.511, Florida
1618 Statutes, is amended to read:
1619 489.511 Certification; application; examinations;
1620 endorsement.—
1621 (5) The board shall certify as qualified for certification
1622 by endorsement any individual applying for certification who:
1623 (a) Meets the requirements for certification as set forth
1624 in this section; has passed a national, regional, state, or
1625 United States territorial licensing examination that is
1626 substantially equivalent to the examination required by this
1627 part; and has satisfied the requirements set forth in s.
1628 489.521; or
1629 (b) Holds a valid license to practice electrical or alarm
1630 system contracting issued by another state or territory of the
1631 United States, if the criteria for issuance of such license was
1632 substantially equivalent to the certification criteria that
1633 existed in this state at the time the certificate was issued; or
1634 (c) Has held a valid, current license to practice
1635 electrical or alarm system contracting issued by another state
1636 or territory of the United States for at least 10 years before
1637 the date of application and is applying for the same or similar
1638 license in this state, subject to ss. 489.510 and 489.521(3)(a),
1639 and subparagraph (1)(b)1. Such application must be made either
1640 when the license in another state or territory is active or
1641 within 2 years after such license was last active.
1642 Section 65. Subsection (3) and paragraph (b) of subsection
1643 (4) of section 489.517, Florida Statutes, are amended to read:
1644 489.517 Renewal of certificate or registration; continuing
1645 education.—
1646 (3) Each certificateholder or registrant shall provide
1647 proof, in a form established by rule of the board, that the
1648 certificateholder or registrant has completed at least 11 14
1649 classroom hours of at least 50 minutes each of continuing
1650 education courses during each biennium since the issuance or
1651 renewal of the certificate or registration. The board shall by
1652 rule establish criteria for the approval of continuing education
1653 courses and providers and may by rule establish criteria for
1654 accepting alternative nonclassroom continuing education on an
1655 hour-for-hour basis.
1656 (4)
1657 (b) Of the 11 14 classroom hours of continuing education
1658 required, at least 6 7 hours must be on technical subjects, 1
1659 hour on workers’ compensation, 1 hour on workplace safety, 1
1660 hour on business practices, and for alarm system contractors and
1661 electrical contractors engaged in alarm system contracting, 2
1662 hours on false alarm prevention.
1663 Section 66. Paragraph (b) of subsection (1) of section
1664 489.518, Florida Statutes, is amended to read:
1665 489.518 Alarm system agents.—
1666 (1) A licensed electrical or alarm system contractor may
1667 not employ a person to perform the duties of a burglar alarm
1668 system agent unless the person:
1669 (b) Has successfully completed a minimum of 14 hours of
1670 training within 90 days after employment, to include basic alarm
1671 system electronics in addition to related training including
1672 CCTV and access control training, with at least 2 hours of
1673 training in the prevention of false alarms. Such training shall
1674 be from a board-approved provider, and the employee or applicant
1675 for employment shall provide proof of successful completion to
1676 the licensed employer. The board shall by rule establish
1677 criteria for the approval of training courses and providers and
1678 may by rule establish criteria for accepting alternative
1679 nonclassroom education on an hour-for-hour basis. The board
1680 shall approve providers that conduct training in other than the
1681 English language. The board shall establish a fee for the
1682 approval of training providers or courses, not to exceed $60.
1683 Qualified employers may conduct training classes for their
1684 employees, with board approval.
1685 Section 67. Section 509.102, Florida Statutes, is created
1686 to read:
1687 509.102 Mobile food dispensing vehicles; preemption.—
1688 (1) As used in this section, the term “mobile food
1689 dispensing vehicle” means any vehicle that is a public food
1690 service establishment and that is self-propelled or otherwise
1691 movable from place to place and includes self-contained
1692 utilities, including, but not limited to, gas, water,
1693 electricity, or liquid waste disposal.
1694 (2) Regulation of mobile food dispensing vehicles involving
1695 licenses, registrations, permits, and fees and the regulation of
1696 the operation of mobile food dispensing vehicles is preempted to
1697 the state. A municipality, county, or other local government
1698 entity may not:
1699 (a) Require a separate license, registration, or permit
1700 other than the license required under s. 509.241, or require the
1701 payment of any license, registration, or permit fee other than
1702 the fee required under s. 509.251, as a condition for the
1703 operation of a mobile food dispensing vehicle within the
1704 entity’s jurisdiction;
1705 (b) Prohibit mobile food dispensing vehicles from operating
1706 within the entity’s jurisdiction.
1707 Section 68. Paragraph (i) of subsection (2) of section
1708 548.003, Florida Statutes, is amended to read:
1709 548.003 Florida State Boxing Commission.—
1710 (2) The Florida State Boxing Commission, as created by
1711 subsection (1), shall administer the provisions of this chapter.
1712 The commission has authority to adopt rules pursuant to ss.
1713 120.536(1) and 120.54 to implement the provisions of this
1714 chapter and to implement each of the duties and responsibilities
1715 conferred upon the commission, including, but not limited to:
1716 (i) Designation and duties of a knockdown timekeeper.
1717 Section 69. Subsection (1) of section 548.017, Florida
1718 Statutes, is amended to read:
1719 548.017 Participants, managers, and other persons required
1720 to have licenses.—
1721 (1) A participant, manager, trainer, second, timekeeper,
1722 referee, judge, announcer, physician, matchmaker, or promoter
1723 must be licensed before directly or indirectly acting in such
1724 capacity in connection with any match involving a participant. A
1725 physician approved by the commission must be licensed pursuant
1726 to chapter 458 or chapter 459, must maintain an unencumbered
1727 license in good standing, and must demonstrate satisfactory
1728 medical training or experience in boxing, or a combination of
1729 both, to the executive director before working as the ringside
1730 physician.
1731 Section 70. Paragraph (d) of subsection (1) of section
1732 553.5141, Florida Statutes, is amended to read:
1733 553.5141 Certifications of conformity and remediation
1734 plans.—
1735 (1) For purposes of this section:
1736 (d) “Qualified expert” means:
1737 1. An engineer licensed pursuant to chapter 471.
1738 2. A certified general contractor licensed pursuant to
1739 chapter 489.
1740 3. A certified building contractor licensed pursuant to
1741 chapter 489.
1742 4. A building code administrator licensed pursuant to
1743 chapter 468.
1744 5. A building inspector licensed pursuant to chapter 468.
1745 6. A plans examiner licensed pursuant to chapter 468.
1746 7. An interior designer registered licensed pursuant to
1747 chapter 481.
1748 8. An architect licensed pursuant to chapter 481.
1749 9. A landscape architect licensed pursuant to chapter 481.
1750 10. Any person who has prepared a remediation plan related
1751 to a claim under Title III of the Americans with Disabilities
1752 Act, 42 U.S.C. s. 12182, that has been accepted by a federal
1753 court in a settlement agreement or court proceeding, or who has
1754 been qualified as an expert in Title III of the Americans with
1755 Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
1756 Section 71. Effective January 1, 2021, subsection (1) of
1757 section 553.74, Florida Statutes, is amended to read:
1758 553.74 Florida Building Commission.—
1759 (1) The Florida Building Commission is created and located
1760 within the Department of Business and Professional Regulation
1761 for administrative purposes. Members are appointed by the
1762 Governor subject to confirmation by the Senate. The commission
1763 is composed of 19 27 members, consisting of the following
1764 members:
1765 (a) One architect licensed pursuant to chapter 481 with at
1766 least 5 years of experience in the design and construction of
1767 buildings designated for Group E or Group I occupancies by the
1768 Florida Building Code registered to practice in this state and
1769 actively engaged in the profession. The American Institute of
1770 Architects, Florida Section, is encouraged to recommend a list
1771 of candidates for consideration.
1772 (b) One structural engineer registered to practice in this
1773 state and actively engaged in the profession. The Florida
1774 Engineering Society is encouraged to recommend a list of
1775 candidates for consideration.
1776 (c) One air-conditioning contractor, or mechanical
1777 contractor, or mechanical engineer certified to do business in
1778 this state and actively engaged in the profession. The Florida
1779 Air Conditioning Contractors Association, the Florida
1780 Refrigeration and Air Conditioning Contractors Association, and
1781 the Mechanical Contractors Association of Florida, and the
1782 Florida Engineering Society are encouraged to recommend a list
1783 of candidates for consideration.
1784 (d) One electrical contractor or electrical engineer
1785 certified to do business in this state and actively engaged in
1786 the profession. The Florida Association of Electrical
1787 Contractors, and the National Electrical Contractors
1788 Association, Florida Chapter, and the Florida Engineering
1789 Society are encouraged to recommend a list of candidates for
1790 consideration.
1791 (e) One member from fire protection engineering or
1792 technology who is actively engaged in the profession. The
1793 Florida Chapter of the Society of Fire Protection Engineers and
1794 the Florida Fire Marshals and Inspectors Association are
1795 encouraged to recommend a list of candidates for consideration.
1796 (e)(f) One certified general contractor or one certified
1797 building contractor certified to do business in this state and
1798 actively engaged in the profession. The Associated Builders and
1799 Contractors of Florida, the Florida Associated General
1800 Contractors Council, the Florida Home Builders Association, and
1801 the Union Contractors Association are encouraged to recommend a
1802 list of candidates for consideration.
1803 (f)(g) One plumbing contractor licensed to do business in
1804 this state and actively engaged in the profession. The Florida
1805 Association of Plumbing, Heating, and Cooling Contractors is
1806 encouraged to recommend a list of candidates for consideration.
1807 (g)(h) One roofing or sheet metal contractor certified to
1808 do business in this state and actively engaged in the
1809 profession. The Florida Roofing, Sheet Metal, and Air
1810 Conditioning Contractors Association and the Sheet Metal and Air
1811 Conditioning Contractors’ National Association are encouraged to
1812 recommend a list of candidates for consideration.
1813 (h)(i) One certified residential contractor licensed to do
1814 business in this state and actively engaged in the profession.
1815 The Florida Home Builders Association is encouraged to recommend
1816 a list of candidates for consideration.
1817 (i)(j) Three members who are municipal, county, or district
1818 codes enforcement officials, one of whom is also a fire
1819 official. The Building Officials Association of Florida and the
1820 Florida Fire Marshals and Inspectors Association are encouraged
1821 to recommend a list of candidates for consideration.
1822 (k) One member who represents the Department of Financial
1823 Services.
1824 (l) One member who is a county codes enforcement official.
1825 The Building Officials Association of Florida is encouraged to
1826 recommend a list of candidates for consideration.
1827 (j)(m) One member of a Florida-based organization of
1828 persons with disabilities or a nationally chartered organization
1829 of persons with disabilities with chapters in this state which
1830 complies with or is certified to be compliant with the
1831 requirements of the Americans with Disability Act of 1990, as
1832 amended.
1833 (k)(n) One member of the manufactured buildings industry
1834 who is licensed to do business in this state and is actively
1835 engaged in the industry. The Florida Manufactured Housing
1836 Association is encouraged to recommend a list of candidates for
1837 consideration.
1838 (o) One mechanical or electrical engineer registered to
1839 practice in this state and actively engaged in the profession.
1840 The Florida Engineering Society is encouraged to recommend a
1841 list of candidates for consideration.
1842 (p) One member who is a representative of a municipality or
1843 a charter county. The Florida League of Cities and the Florida
1844 Association of Counties are encouraged to recommend a list of
1845 candidates for consideration.
1846 (l)(q) One member of the building products manufacturing
1847 industry who is authorized to do business in this state and is
1848 actively engaged in the industry. The Florida Building Material
1849 Association, the Florida Concrete and Products Association, and
1850 the Fenestration Manufacturers Association are encouraged to
1851 recommend a list of candidates for consideration.
1852 (m)(r) One member who is a representative of the building
1853 owners and managers industry who is actively engaged in
1854 commercial building ownership or management. The Building Owners
1855 and Managers Association is encouraged to recommend a list of
1856 candidates for consideration.
1857 (n)(s) One member who is a representative of the insurance
1858 industry. The Florida Insurance Council is encouraged to
1859 recommend a list of candidates for consideration.
1860 (t) One member who is a representative of public education.
1861 (o)(u) One member who is a swimming pool contractor
1862 licensed to do business in this state and actively engaged in
1863 the profession. The Florida Swimming Pool Association and the
1864 United Pool and Spa Association are encouraged to recommend a
1865 list of candidates for consideration.
1866 (p)(v) One member who is a representative of the green
1867 building industry and who is a third-party commission agent, a
1868 Florida board member of the United States Green Building Council
1869 or Green Building Initiative, a professional who is accredited
1870 under the International Green Construction Code (IGCC), or a
1871 professional who is accredited under Leadership in Energy and
1872 Environmental Design (LEED).
1873 (q)(w) One member who is a representative of a natural gas
1874 distribution system and who is actively engaged in the
1875 distribution of natural gas in this state. The Florida Natural
1876 Gas Association is encouraged to recommend a list of candidates
1877 for consideration.
1878 (x) One member who is a representative of the Department of
1879 Agriculture and Consumer Services’ Office of Energy. The
1880 Commissioner of Agriculture is encouraged to recommend a list of
1881 candidates for consideration.
1882 (y) One member who shall be the chair.
1883 Section 73. Subsection (7) of section 558.002, Florida
1884 Statutes, is amended to read:
1885 558.002 Definitions.—As used in this chapter, the term:
1886 (7) “Design professional” means a person, as defined in s.
1887 1.01, who is licensed in this state as an architect, interior
1888 designer, a landscape architect, an engineer, a surveyor, or a
1889 geologist or who is a registered interior designer, as defined
1890 in s. 481.203.
1891
1892 ================= T I T L E A M E N D M E N T ================
1893 And the title is amended as follows:
1894 Delete lines 7 - 189
1895 and insert:
1896 Regulation; amending s. 322.57, F.S.; defining the
1897 term “servicemember”; requiring the Department of
1898 Highway Safety and Motor Vehicles to waive the
1899 requirement to pass the Commercial Driver License
1900 Skills Tests for certain servicemembers and veterans;
1901 requiring an applicant who receives such waiver to
1902 complete certain requirements within a specified time;
1903 requiring the department to adopt rules; amending s.
1904 326.004, F.S.; deleting the requirement that a yacht
1905 broker maintain a separate license for each branch
1906 office; deleting the requirement that the Division of
1907 Florida Condominiums, Timeshares, and Mobile Homes
1908 establish a fee; amending s. 447.02, F.S.; conforming
1909 provisions to changes made by the act; repealing s.
1910 447.04, F.S., relating to licensure and permit
1911 requirements for business agents; repealing s.
1912 447.041, F.S., relating to hearings for persons or
1913 labor organizations denied licensure as a business
1914 agent; repealing s. 447.045, F.S., relating to
1915 confidential information obtained during the
1916 application process; repealing s. 447.06, F.S.,
1917 relating to required registration of labor
1918 organizations; amending s. 447.09, F.S.; deleting
1919 certain prohibited actions relating to the right of
1920 franchise of a member of a labor organization;
1921 repealing s. 447.12, F.S., relating to registration
1922 fees; repealing s. 447.16, F.S., relating to
1923 applicability; amending s. 447.305, F.S.; deleting a
1924 provision that requires notification of registrations
1925 and renewals to the Department of Business and
1926 Professional Regulation; amending s. 455.213, F.S.;
1927 requiring the department or a board to enter into
1928 reciprocal licensing agreements with other states
1929 under certain circumstances; providing requirements;
1930 amending s. 456.072, F.S.; specifying that the failure
1931 to repay certain student loans is not considered a
1932 failure to perform a statutory or legal obligation for
1933 which certain disciplinary action can be taken;
1934 conforming provisions to changes made by the act;
1935 repealing s. 456.0721, F.S., relating to health care
1936 practitioners who are in default on student loan or
1937 scholarship obligations; amending s. 456.074, F.S.;
1938 deleting a provision relating to the suspension of a
1939 license issued by the Department of Health for
1940 defaulting on certain student loans; amending s.
1941 468.385, F.S.; revising requirements relating to
1942 businesses auctioning or offering to auction property
1943 in this state; amending s. 468.603, F.S.; revising
1944 which inspectors are included in the definition of the
1945 term “categories of building code inspectors”;
1946 amending s. 468.613, F.S.; providing for waiver of
1947 specified requirements for certification under certain
1948 circumstances; amending s. 468.8314, F.S.; requiring
1949 an applicant for a license by endorsement to maintain
1950 a specified insurance policy; requiring the department
1951 to certify an applicant who holds a specified license
1952 issued by another state or territory of the United
1953 States under certain circumstances; amending s.
1954 471.015, F.S.; revising licensure requirements for
1955 engineers who hold specified licenses in another
1956 state; amending s. 473.308, F.S.; deleting continuing
1957 education requirements for license by endorsement for
1958 certified public accountants; amending s. 474.202,
1959 F.S.; revising the definition of the term “limited
1960 service veterinary medical practice” to include
1961 certain procedures; amending s. 474.207, F.S.;
1962 revising education requirements for licensure by
1963 examination; amending s. 474.217, F.S.; requiring the
1964 department to issue a license by endorsement to
1965 certain applicants who successfully complete a
1966 specified examination; amending s. 476.114, F.S.;
1967 revising training requirements for licensure as a
1968 barber; amending s. 476.144, F.S.; requiring the
1969 department to certify as qualified for licensure by
1970 endorsement an applicant who is licensed to practice
1971 barbering in another state; amending s. 477.013, F.S.;
1972 revising the definition of the term “hair braiding”;
1973 repealing s. 477.0132, F.S., relating to registration
1974 for hair braiding, hair wrapping, and body wrapping;
1975 amending s. 477.0135, F.S.; providing additional
1976 exemptions from license or registration requirements
1977 for specified occupations or practices; amending s.
1978 477.019, F.S.; deleting a provision prohibiting the
1979 Board of Cosmetology from asking for proof of certain
1980 educational hours under certain circumstances;
1981 revising requirements for certification of licensure
1982 by endorsement for a certain applicant to engage in
1983 the practice of cosmetology; conforming provisions to
1984 changes made by the act; amending s. 477.0201, F.S.;
1985 providing requirements for registration as a
1986 specialist; amending s. 477.026, F.S.; conforming
1987 provisions to changes made by the act; amending s.
1988 477.0263, F.S.; providing that certain cosmetology
1989 services may be performed in a location other than a
1990 licensed salon under certain circumstances; amending
1991 ss. 477.0265 and 477.029, F.S.; conforming provisions
1992 to changes made by the act; amending s. 481.201, F.S.;
1993 deleting legislative findings relating to the practice
1994 of interior design; amending s. 481.203, F.S.;
1995 revising and deleting definitions; amending s.
1996 481.205, F.S.; conforming provisions to changes made
1997 by the act; amending s. 481.207, F.S.; authorizing the
1998 board to establish certain fees for certificates of
1999 registration for interior designers; specifying that
2000 such registration is valid for a specified period of
2001 time; authorizing registered interior designers to
2002 renew such registration; conforming provisions to
2003 changes made by the act; amending s. 481.209, F.S.;
2004 providing requirements for a certificate of
2005 registration and a seal for interior designers;
2006 conforming provisions to changes made by the act;
2007 amending s. 481.213, F.S.; revising requirements for
2008 certification of licensure by endorsement for a
2009 certain licensee to engage in the practice of
2010 architecture; providing that a registration is not
2011 required for specified persons to practice; conforming
2012 provisions to changes made by the act; amending s.
2013 481.2131, F.S.; requiring certain interior designers
2014 to include a specified seal when submitting documents
2015 for the issuance of a building permit; amending s.
2016 481.215, F.S.; conforming provisions to changes made
2017 by the act; deleting a provision requiring a specified
2018 number of hours in certain courses for the renewal of
2019 a license; amending s. 481.217, F.S.; conforming
2020 provisions to changes made by the act; amending s.
2021 481.219, F.S.; deleting provisions permitting the
2022 practice of or offer to practice interior design
2023 through certain business organizations; deleting
2024 provisions requiring certificates of authorization for
2025 certain business organizations offering interior
2026 design services to the public; requiring a licensee or
2027 applicant in the practice of architecture to qualify
2028 as a business organization; providing requirements;
2029 amending s. 481.221, F.S.; conforming provisions to
2030 changes made by the act; requiring registered
2031 architects and certain business organizations to
2032 display certain license numbers in specified
2033 advertisements; amending s. 481.223, F.S.; providing
2034 construction; conforming provisions to changes made by
2035 the act; amending s. 481.2251, F.S.; revising the acts
2036 that constitute grounds for disciplinary actions
2037 relating to interior designers; conforming provisions
2038 to changes made by the act; amending ss. 481.229 and
2039 481.231, F.S.; conforming provisions to changes made
2040 by the act; amending s. 481.303, F.S.; deleting the
2041 definition of the term “certificate of authorization”;
2042 amending s. 481.310, F.S.; providing that an applicant
2043 who holds certain degrees is not required to
2044 demonstrate 1 year of practical experience for
2045 licensure; amending s. 481.311, F.S.; revising
2046 requirements for certification of licensure by
2047 endorsement for a certain applicant to engage in the
2048 practice of landscape architecture; amending s.
2049 481.317, F.S.; conforming provisions to changes made
2050 by the act; amending s. 481.319, F.S.; deleting the
2051 requirement for a certificate of authorization;
2052 authorizing landscape architects to practice in the
2053 name of a corporation or partnership; amending s.
2054 481.321, F.S.; requiring a landscape architect to
2055 display a certain certificate number in specified
2056 advertisements; amending s. 481.329, F.S.; conforming
2057 a cross-reference; amending s. 489.103, F.S.; revising
2058 certain contract prices for exemption; amending s.
2059 489.111, F.S.; revising provisions relating to
2060 eligibility for licensure; amending s. 489.115, F.S.;
2061 requiring the Construction Industry Licensing Board to
2062 certify any applicant who holds a specified license to
2063 practice contracting issued by another state or
2064 territory of the United States under certain
2065 circumstances; amending s. 489.511, F.S.; requiring
2066 the board to certify as qualified for certification by
2067 endorsement any applicant who holds a specified
2068 license to practice electrical or alarm system
2069 contracting issued by another state or territory of
2070 the United States under certain circumstances;
2071 amending s. 489.517, F.S.; providing a reduction in
2072 certain continuing education hours required for
2073 registered contractors; amending s. 489.518, F.S.;
2074 requiring a person to have completed a specified
2075 amount of training within a certain time period to
2076 perform the duties of an alarm system agent; creating
2077 s. 509.102; preempting the regulation of mobile food
2078 dispensing vehicles to the state; defining the term
2079 mobile food dispensing vehicle; amending s. 548.003,
2080 F.S.; deleting the requirement that the Florida State
2081 Boxing Commission adopt rules relating to a knockdown
2082 timekeeper; amending s. 548.017, F.S.; deleting the
2083 licensure requirement for a timekeeper or an
2084 announcer; amending s. 553.5141, F.S.; conforming
2085 provisions to changes made by the act; amending s.
2086 553.74, F.S.; revising the membership and
2087 qualifications of the Florida Building Commission;
2088 amending ss. 558.002, 559.25, and 287.055,
