Bill Text: FL S0526 | 2018 | Regular Session | Comm Sub
Bill Title: Deregulation of Professions and Occupations
Spectrum:
Status: (Failed) 2018-03-10 - Died in Commerce and Tourism [S0526 Detail]
Download: Florida-2018-S0526-Comm_Sub.html
Florida Senate - 2018 CS for SB 526
By the Committee on Regulated Industries; and Senators Brandes
and Bracy
580-02408-18 2018526c1
1 A bill to be entitled
2 An act relating to the deregulation of professions and
3 occupations; amending s. 326.004, F.S.; deleting the
4 requirement for a yacht broker to maintain a separate
5 license for each branch office; deleting the
6 requirement for the Division of Florida Condominiums,
7 Timeshares, and Mobile Homes to establish a fee;
8 amending s. 447.02, F.S.; conforming provisions;
9 repealing s. 447.04, F.S., relating to licensure and
10 permit requirements for business agents; repealing s.
11 447.041, F.S., relating to hearings for persons or
12 labor organizations denied licensure as a business
13 agent; repealing s. 447.045, F.S., relating to
14 confidential information obtained during the
15 application process; repealing s. 447.06, F.S.,
16 relating to required registration of labor
17 organizations; amending s. 447.09, F.S.; deleting
18 certain prohibited actions relating to the right of
19 franchise of a member of a labor organization;
20 repealing s. 447.12, F.S., relating to registration
21 fees; repealing s. 447.16, F.S., relating to
22 applicability; amending s. 447.305, F.S.; deleting a
23 provision that requires notification of registrations
24 and renewals to the Department of Business and
25 Professional Regulation; amending s. 469.006, F.S.;
26 revising licensure requirements for asbestos abatement
27 consulting or contracting as a partnership,
28 corporation, business trust, or other legal entity;
29 amending s. 469.009, F.S.; conforming provisions;
30 amending s. 476.034, F.S.; defining the terms
31 “restricted barber” and “restricted barbering”;
32 amending s. 476.114, F.S.; providing requirements for
33 licensure by examination as a restricted barber;
34 amending s. 476.144, F.S.; requiring the department to
35 license an applicant who the board certifies is
36 qualified to practice restricted barbering; amending
37 s. 477.013, F.S.; revising and providing definitions;
38 repealing s. 477.0132, F.S., relating to registration
39 for hair braiding, hair wrapping, and body wrapping;
40 amending s. 477.0135, F.S.; providing that licensure
41 or registration is not required for persons whose
42 occupation or practice is confined solely to hair
43 braiding, hair wrapping, body wrapping, nail
44 polishing, and makeup application; amending s.
45 477.019, F.S.; conforming provisions; amending s.
46 477.0201, F.S.; providing requirements for
47 registration as a nail specialist, facial specialist,
48 or full specialist; amending ss. 477.026, 477.0265,
49 and 477.029, F.S.; conforming provisions; amending s.
50 481.203, F.S.; revising a definition; amending s.
51 481.219, F.S.; revising the process by which a
52 business organization obtains the requisite license to
53 perform architectural services or interior design;
54 requiring that a licensee or an applicant apply to
55 qualify a business organization to practice
56 architecture or interior design; providing application
57 requirements; authorizing the Board of Architecture
58 and Interior Design to deny an application under
59 certain circumstances; providing notice requirements;
60 prohibiting a business organization from engaging in
61 certain practices until it is qualified by a
62 qualifying agent; authorizing the executive director
63 or the chair of the board to authorize a temporary
64 qualifying agent for a specified timeframe under
65 certain circumstances; requiring the board to allow an
66 applicant to qualify one or more business
67 organizations or to operate using a fictitious name
68 under certain circumstances; deleting a requirement
69 for the administration of disciplinary action against
70 a corporation, limited liability company, or
71 partnership conforming provisions to changes made by
72 the act; amending s. 481.221, F.S.; requiring a
73 business organization to include the license number of
74 a certain registered architect or interior designer in
75 any advertising; providing an exception; conforming
76 provisions to changes made by the act; amending s.
77 481.229, F.S.; conforming provisions to changes made
78 by the act; amending s. 481.303, F.S.; revising
79 definitions; amending ss. 481.311 and 481.317, F.S.;
80 conforming provisions; amending s. 481.319, F.S.;
81 deleting the requirement for a certificate of
82 authorization; authorizing landscape architects to
83 practice through a corporation or partnership;
84 amending s. 481.321, F.S.; revising requirements
85 related to the display of a certificate number;
86 amending s. 481.329, F.S.; conforming a cross
87 reference; amending s. 287.055, F.S.; conforming a
88 provision; amending s. 548.003, F.S.; deleting the
89 requirement that the Florida State Boxing Commission
90 adopt rules relating to a knockdown timekeeper;
91 amending s. 548.017, F.S.; deleting the licensure
92 requirement for a timekeeper or announcer; providing
93 an effective date.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Subsection (13) of section 326.004, Florida
98 Statutes, is amended to read:
99 326.004 Licensing.—
100 (13) Each broker must maintain a principal place of
101 business in this state and may establish branch offices in the
102 state. A separate license must be maintained for each branch
103 office. The division shall establish by rule a fee not to exceed
104 $100 for each branch office license.
105 Section 2. Subsection (3) of section 447.02, Florida
106 Statutes, is amended to read:
107 447.02 Definitions.—The following terms, when used in this
108 chapter, shall have the meanings ascribed to them in this
109 section:
110 (3) The term “department” means the Department of Business
111 and Professional Regulation.
112 Section 3. Section 447.04, Florida Statutes, is repealed.
113 Section 4. Section 447.041, Florida Statutes, is repealed.
114 Section 5. Section 447.045, Florida Statutes, is repealed.
115 Section 6. Section 447.06, Florida Statutes, is repealed.
116 Section 7. Subsections (6) and (8) of section 447.09,
117 Florida Statutes, are amended to read:
118 447.09 Right of franchise preserved; penalties.—It shall be
119 unlawful for any person:
120 (6) To act as a business agent without having obtained and
121 possessing a valid and subsisting license or permit.
122 (8) To make any false statement in an application for a
123 license.
124 Section 8. Section 447.12, Florida Statutes, is repealed.
125 Section 9. Section 447.16, Florida Statutes, is repealed.
126 Section 10. Subsection (4) of section 447.305, Florida
127 Statutes, is amended to read:
128 447.305 Registration of employee organization.—
129 (4) Notification of registrations and renewals of
130 registration shall be furnished at regular intervals by the
131 commission to the Department of Business and Professional
132 Regulation.
133 Section 11. Paragraphs (a) and (e) of subsection (2),
134 subsection (3), paragraph (b) of subsection (4), and subsection
135 (6) of section 469.006, Florida Statutes, are amended to read:
136 469.006 Licensure of business organizations; qualifying
137 agents.—
138 (2)(a) If the applicant proposes to engage in consulting or
139 contracting as a partnership, corporation, business trust, or
140 other legal entity, or in any name other than the applicant’s
141 legal name, the legal entity must apply for licensure through a
142 qualifying agent or the individual applicant must apply for
143 licensure under the fictitious name of the business
144 organization.
145 (e) A The license, when issued upon application of a
146 business organization, must be in the name of the qualifying
147 agent business organization, and the name of the business
148 organization qualifying agent must be noted on the license
149 thereon. If there is a change in any information that is
150 required to be stated on the application, the qualifying agent
151 business organization shall, within 45 days after such change
152 occurs, mail the correct information to the department.
153 (3) The qualifying agent must shall be licensed under this
154 chapter in order for the business organization to be qualified
155 licensed in the category of the business conducted for which the
156 qualifying agent is licensed. If any qualifying agent ceases to
157 be affiliated with such business organization, the agent shall
158 so inform the department. In addition, if such qualifying agent
159 is the only licensed individual affiliated with the business
160 organization, the business organization shall notify the
161 department of the termination of the qualifying agent and has
162 shall have 60 days after from the date of termination of the
163 qualifying agent’s affiliation with the business organization in
164 which to employ another qualifying agent. The business
165 organization may not engage in consulting or contracting until a
166 qualifying agent is employed, unless the department has granted
167 a temporary nonrenewable license to the financially responsible
168 officer, the president, the sole proprietor, a partner, or, in
169 the case of a limited partnership, the general partner, who
170 assumes all responsibilities of a primary qualifying agent for
171 the entity. This temporary license only allows shall only allow
172 the entity to proceed with incomplete contracts.
173 (4)
174 (b) Upon a favorable determination by the department, after
175 investigation of the financial responsibility, credit, and
176 business reputation of the qualifying agent and the new business
177 organization, the department shall issue, without any
178 examination, a new license in the qualifying agent’s business
179 organization’s name, and the name of the business organization
180 qualifying agent shall be noted thereon.
181 (6) Each qualifying agent shall pay the department an
182 amount equal to the original fee for licensure of a new business
183 organization. if the qualifying agent for a business
184 organization desires to qualify additional business
185 organizations., The department shall require the agent to
186 present evidence of supervisory ability and financial
187 responsibility of each such organization. Allowing a licensee to
188 qualify more than one business organization must shall be
189 conditioned upon the licensee showing that the licensee has both
190 the capacity and intent to adequately supervise each business
191 organization. The department may shall not limit the number of
192 business organizations that which the licensee may qualify
193 except upon the licensee’s failure to provide such information
194 as is required under this subsection or upon a finding that the
195 such information or evidence as is supplied is incomplete or
196 unpersuasive in showing the licensee’s capacity and intent to
197 comply with the requirements of this subsection. A qualification
198 for an additional business organization may be revoked or
199 suspended upon a finding by the department that the licensee has
200 failed in the licensee’s responsibility to adequately supervise
201 the operations of the business organization. Failure to
202 adequately supervise the operations of a business organization
203 is shall be grounds for denial to qualify additional business
204 organizations.
205 Section 12. Subsection (1) of section 469.009, Florida
206 Statutes, is amended to read:
207 469.009 License revocation, suspension, and denial of
208 issuance or renewal.—
209 (1) The department may revoke, suspend, or deny the
210 issuance or renewal of a license; reprimand, censure, or place
211 on probation any contractor, consultant, or financially
212 responsible officer, or business organization; require financial
213 restitution to a consumer; impose an administrative fine not to
214 exceed $5,000 per violation; require continuing education; or
215 assess costs associated with any investigation and prosecution
216 if the contractor or consultant, or business organization or
217 officer or agent thereof, is found guilty of any of the
218 following acts:
219 (a) Willfully or deliberately disregarding or violating the
220 health and safety standards of the Occupational Safety and
221 Health Act of 1970, the Construction Safety Act, the National
222 Emission Standards for Asbestos, the Environmental Protection
223 Agency Asbestos Abatement Projects Worker Protection Rule, the
224 Florida Statutes or rules promulgated thereunder, or any
225 ordinance enacted by a political subdivision of this state.
226 (b) Violating any provision of chapter 455.
227 (c) Failing in any material respect to comply with the
228 provisions of this chapter or any rule promulgated hereunder.
229 (d) Acting in the capacity of an asbestos contractor or
230 asbestos consultant under any license issued under this chapter
231 except in the name of the licensee as set forth on the issued
232 license.
233 (e) Proceeding on any job without obtaining all applicable
234 approvals, authorizations, permits, and inspections.
235 (f) Obtaining a license by fraud or misrepresentation.
236 (g) Being convicted or found guilty of, or entering a plea
237 of nolo contendere to, regardless of adjudication, a crime in
238 any jurisdiction which directly relates to the practice of
239 asbestos consulting or contracting or the ability to practice
240 asbestos consulting or contracting.
241 (h) Knowingly violating any building code, lifesafety code,
242 or county or municipal ordinance relating to the practice of
243 asbestos consulting or contracting.
244 (i) Performing any act which assists a person or entity in
245 engaging in the prohibited unlicensed practice of asbestos
246 consulting or contracting, if the licensee knows or has
247 reasonable grounds to know that the person or entity was
248 unlicensed.
249 (j) Committing mismanagement or misconduct in the practice
250 of contracting that causes financial harm to a customer.
251 Financial mismanagement or misconduct occurs when:
252 1. Valid liens have been recorded against the property of a
253 contractor’s customer for supplies or services ordered by the
254 contractor for the customer’s job; the contractor has received
255 funds from the customer to pay for the supplies or services; and
256 the contractor has not had the liens removed from the property,
257 by payment or by bond, within 75 days after the date of such
258 liens;
259 2. The contractor has abandoned a customer’s job and the
260 percentage of completion is less than the percentage of the
261 total contract price paid to the contractor as of the time of
262 abandonment, unless the contractor is entitled to retain such
263 funds under the terms of the contract or refunds the excess
264 funds within 30 days after the date the job is abandoned; or
265 3. The contractor’s job has been completed, and it is shown
266 that the customer has had to pay more for the contracted job
267 than the original contract price, as adjusted for subsequent
268 change orders, unless such increase in cost was the result of
269 circumstances beyond the control of the contractor, was the
270 result of circumstances caused by the customer, or was otherwise
271 permitted by the terms of the contract between the contractor
272 and the customer.
273 (k) Being disciplined by any municipality or county for an
274 act or violation of this chapter.
275 (l) Failing in any material respect to comply with the
276 provisions of this chapter, or violating a rule or lawful order
277 of the department.
278 (m) Abandoning an asbestos abatement project in which the
279 asbestos contractor is engaged or under contract as a
280 contractor. A project may be presumed abandoned after 20 days if
281 the contractor terminates the project without just cause and
282 without proper notification to the owner, including the reason
283 for termination; if the contractor fails to reasonably secure
284 the project to safeguard the public while work is stopped; or if
285 the contractor fails to perform work without just cause for 20
286 days.
287 (n) Signing a statement with respect to a project or
288 contract falsely indicating that the work is bonded; falsely
289 indicating that payment has been made for all subcontracted
290 work, labor, and materials which results in a financial loss to
291 the owner, purchaser, or contractor; or falsely indicating that
292 workers’ compensation and public liability insurance are
293 provided.
294 (o) Committing fraud or deceit in the practice of asbestos
295 consulting or contracting.
296 (p) Committing incompetency or misconduct in the practice
297 of asbestos consulting or contracting.
298 (q) Committing gross negligence, repeated negligence, or
299 negligence resulting in a significant danger to life or property
300 in the practice of asbestos consulting or contracting.
301 (r) Intimidating, threatening, coercing, or otherwise
302 discouraging the service of a notice to owner under part I of
303 chapter 713 or a notice to contractor under chapter 255 or part
304 I of chapter 713.
305 (s) Failing to satisfy, within a reasonable time, the terms
306 of a civil judgment obtained against the licensee, or the
307 business organization qualified by the licensee, relating to the
308 practice of the licensee’s profession.
309
310 For the purposes of this subsection, construction is considered
311 to be commenced when the contract is executed and the contractor
312 has accepted funds from the customer or lender.
313 Section 13. Subsections (2) and (3) of section 476.034,
314 Florida Statutes, are amended, and subsections (6) and (7) are
315 added to that section, to read:
316 476.034 Definitions.—As used in this act:
317 (2) “Barbering” means any of the following practices when
318 done for remuneration and for the public, but not when done for
319 the treatment of disease or physical or mental ailments:
320 shaving, cutting, trimming, coloring, shampooing, arranging,
321 dressing, curling, or waving the hair or beard or applying oils,
322 creams, lotions, or other preparations to the face, scalp, or
323 neck, either by hand or by mechanical appliances, and includes
324 any services defined as restricted barbering.
325 (3) “Barbershop” means any place of business wherein the
326 practice of barbering or restricted barbering is carried on.
327 (6) “Restricted barber” means a person who is licensed to
328 engage in the practice of restricted barbering in this state
329 under the authority of this chapter and is subject to the same
330 requirements and restrictions as a barber, except as
331 specifically provided in s. 476.114.
332 (7) “Restricted barbering” means any of the following
333 practices when done for remuneration and for the public, but not
334 when done for the treatment of disease or physical or mental
335 ailments:
336 (a) Hair cutting and styling, including the application of
337 hair tonics and hair spray, but not including the application of
338 other chemical preparations or solutions to the hair;
339 (b) Full facial shaves;
340 (c) Mustache and beard trimming; and
341 (d) Shampooing hair, including the application of shampoos
342 and conditioners, and blow drying the hair.
343 Section 14. Section 476.114, Florida Statutes, is amended
344 to read:
345 476.114 Examination; prerequisites.—
346 (1) A person desiring to be licensed as a barber shall
347 apply to the department for licensure and.
348 (2) An applicant shall be eligible for licensure by
349 examination to practice barbering if the applicant:
350 (a) Is at least 16 years of age;
351 (b) Pays the required application fee; and
352 (c)1. Holds an active valid license to practice barbering
353 in another state, has held the license for at least 1 year, and
354 does not qualify for licensure by endorsement as provided for in
355 s. 476.144(5); or
356 2. Has received a minimum of 1,200 hours of training as
357 established by the board, which shall include, but shall not be
358 limited to, the equivalent of completion of services directly
359 related to the practice of barbering at one of the following:
360 a. A school of barbering licensed pursuant to chapter 1005;
361 b. A barbering program within the public school system; or
362 c. A government-operated barbering program in this state.
363
364 The board shall establish by rule procedures whereby the school
365 or program may certify that a person is qualified to take the
366 required examination after the completion of a minimum of 1,000
367 actual school hours. If the person passes the examination, she
368 or he shall have satisfied this requirement; but if the person
369 fails the examination, she or he shall not be qualified to take
370 the examination again until the completion of the full
371 requirements provided by this section.
372 (2) A person desiring to be licensed as a restricted barber
373 shall apply to the department for licensure and shall be
374 eligible for licensure by examination to practice restricted
375 barbering if the applicant:
376 (a) Is at least 16 years of age;
377 (b) Pays the required application fee; and
378 (c)1. Holds an active valid license to practice barbering
379 in another state, has held the license for at least 1 year, and
380 does not qualify for licensure by endorsement as provided for in
381 s. 476.144(5); or
382 2. Has received a minimum of 325 hours of training in
383 sanitation, safety, and laws and rules, as established by the
384 board, which must include, but not be limited to, the equivalent
385 of completion of services directly related to the practice of
386 restricted barbering at one of the following:
387 a. A school of barbering licensed pursuant to chapter 1005;
388 b. A barbering program within the public school system; or
389 c. A government-operated barbering program in this state.
390 (3) An applicant who meets the requirements set forth in
391 subparagraphs (1)(c)1. and 2. subparagraphs (2)(c)1. and 2. who
392 fails to pass the examination may take subsequent examinations
393 as many times as necessary to pass, except that the board may
394 specify by rule reasonable timeframes for rescheduling the
395 examination and additional training requirements for applicants
396 who, after the third attempt, fail to pass the examination.
397 Before Prior to reexamination, the applicant must file the
398 appropriate form and pay the reexamination fee as required by
399 rule.
400 Section 15. Subsections (1) and (6) of section 476.144,
401 Florida Statutes, are amended to read:
402 476.144 Licensure.—
403 (1) The department shall license any applicant who the
404 board certifies is qualified to practice barbering or restricted
405 barbering in this state.
406 (6) A person may apply for a restricted license to practice
407 barbering. The board shall adopt rules specifying procedures for
408 an applicant to obtain a restricted license if the applicant:
409 (a)1. Has successfully completed a restricted barber
410 course, as established by rule of the board, at a school of
411 barbering licensed pursuant to chapter 1005, a barbering program
412 within the public school system, or a government-operated
413 barbering program in this state; or
414 2.a. Holds or has within the previous 5 years held an
415 active valid license to practice barbering in another state or
416 country or has held a Florida barbering license which has been
417 declared null and void for failure to renew the license, and the
418 applicant fulfilled the requirements of s. 476.114(2)(c)2. for
419 initial licensure; and
420 b. Has not been disciplined relating to the practice of
421 barbering in the previous 5 years; and
422 (b) Passes a written examination on the laws and rules
423 governing the practice of barbering in Florida, as established
424 by the board.
425
426 The restricted license shall limit the licensee’s practice to
427 those specific areas in which the applicant has demonstrated
428 competence pursuant to rules adopted by the board.
429 Section 16. Subsections (6) and (9) of section 477.013,
430 Florida Statutes, are amended to read:
431 477.013 Definitions.—As used in this chapter:
432 (6) “Specialty” means the practice of one or more of the
433 following:
434 (a) “Nail specialty” means manicuring, or the cutting,
435 polishing, tinting, coloring, cleansing, adding, or extending of
436 the nails, and massaging of the hands. This term includes any
437 procedure or process for the affixing of artificial nails,
438 except those nails which may be applied solely by use of a
439 simple adhesive; and.
440 (b) pedicuring, or the shaping, polishing, tinting, or
441 cleansing of the nails of the feet, and massaging or beautifying
442 of the feet.
443 (b)(c) “Facial specialty” means facials, or the massaging
444 or treating of the face or scalp with oils, creams, lotions, or
445 other preparations, and skin care services.
446 (c) “Full specialty” means all services within the
447 definition of nail specialty and facial specialty, including
448 manicuring, pedicuring, and facial services.
449 (9) “Hair braiding” means the weaving or interweaving of
450 natural human hair or commercial hair, including the use of hair
451 extensions or wefts, for compensation without cutting, coloring,
452 permanent waving, relaxing, removing, or chemical treatment and
453 does not include the use of hair extensions or wefts.
454 Section 17. Section 477.0132, Florida Statutes, is
455 repealed.
456 Section 18. Subsections (7), (8), (9), (10), and (11) are
457 added to section 477.0135, Florida Statutes, to read:
458 477.0135 Exemptions.—
459 (7) A license or registration is not required for a person
460 whose occupation or practice is confined solely to hair braiding
461 as defined in s. 477.013(9).
462 (8) A license or registration is not required for a person
463 whose occupation or practice is confined solely to hair wrapping
464 as defined in s. 477.013(10).
465 (9) A license or registration is not required for a person
466 whose occupation or practice is confined solely to body wrapping
467 as defined in s. 477.013(12).
468 (10) A license or registration is not required for a person
469 whose occupation or practice is confined solely to applying
470 polish to fingernails and toenails.
471 (11) A license or registration is not required for a person
472 whose occupation or practice is confined solely to makeup
473 application.
474 Section 19. Paragraph (b) of subsection (7) of section
475 477.019, Florida Statutes, is amended to read:
476 477.019 Cosmetologists; qualifications; licensure;
477 supervised practice; license renewal; endorsement; continuing
478 education.—
479 (7)
480 (b) Any person whose occupation or practice is confined
481 solely to hair braiding, hair wrapping, or body wrapping is
482 exempt from the continuing education requirements of this
483 subsection.
484 Section 20. Present subsections (2) through (6) of section
485 477.0201, Florida Statutes, are redesignated as subsections (4)
486 through (8), respectively, new subsections (2) and (3) are added
487 to that section, and subsection (1) of that section is amended
488 to read:
489 477.0201 Specialty registration; qualifications;
490 registration renewal; endorsement.—
491 (1) Any person is qualified for registration as a
492 specialist in a nail any one or more of the specialty practice
493 practices within the practice of cosmetology under this chapter
494 who:
495 (a) Is at least 16 years of age or has received a high
496 school diploma.
497 (b) Has received at least 150 hours of training as
498 established by the board, which must focus primarily on
499 sanitation and safety and must include, but not be limited to,
500 the equivalent of completion of services directly related to the
501 practice of a nail a certificate of completion in a specialty
502 pursuant to s. 477.013(6)(a) 477.013(6) from one of the
503 following:
504 1. A school licensed pursuant to s. 477.023.
505 2. A school licensed pursuant to chapter 1005 or the
506 equivalent licensing authority of another state.
507 3. A specialty program within the public school system.
508 4. A specialty division within the Cosmetology Division of
509 the Florida School for the Deaf and the Blind, provided the
510 training programs comply with minimum curriculum requirements
511 established by the board.
512 (2) Any person is qualified for registration as a
513 specialist in a facial specialty practice within the practice of
514 cosmetology under this chapter who:
515 (a) Is at least 16 years of age or has received a high
516 school diploma.
517 (b) Has received at least 165 hours of training as
518 established by the board, which must focus on sanitation and
519 safety and must include, but not be limited to, the equivalent
520 of completion of services directly related to the practice of
521 facial specialty pursuant to s. 477.013(6)(b) from one of the
522 following:
523 1. A school licensed pursuant to s. 477.023.
524 2. A school licensed pursuant to chapter 1005 or the
525 equivalent licensing authority of another state.
526 3. A specialty program within the public school system.
527 4. A specialty division within the Cosmetology Division of
528 the Florida School for the Deaf and the Blind, provided the
529 training programs comply with minimum curriculum requirements
530 established by the board.
531 (3) Any person is qualified for registration as a
532 specialist in a full specialty practice within the practice of
533 cosmetology under this chapter who:
534 (a) Is at least 16 years of age or has received a high
535 school diploma.
536 (b) Has received at least 300 hours of training as
537 established by the board, which must focus primarily on
538 sanitation and safety and must include, but not be limited to,
539 the equivalent of completion of services directly related to the
540 practice of full specialty pursuant to s. 477.013(6)(c) from one
541 of the following:
542 1. A school licensed pursuant to s. 477.023.
543 2. A school licensed pursuant to chapter 1005 or the
544 equivalent licensing authority of another state.
545 3. A specialty program within the public school system.
546 4. A specialty division within the Cosmetology Division of
547 the Florida School for the Deaf and the Blind, provided the
548 training programs comply with minimum curriculum requirements
549 established by the board.
550 Section 21. Paragraph (f) of subsection (1) of section
551 477.026, Florida Statutes, is amended to read:
552 477.026 Fees; disposition.—
553 (1) The board shall set fees according to the following
554 schedule:
555 (f) For hair braiders, hair wrappers, and body wrappers,
556 fees for registration shall not exceed $25.
557 Section 22. Paragraph (f) of subsection (1) of section
558 477.0265, Florida Statutes, is amended to read:
559 477.0265 Prohibited acts.—
560 (1) It is unlawful for any person to:
561 (f) Advertise or imply that skin care services or body
562 wrapping, as performed under this chapter, have any relationship
563 to the practice of massage therapy as defined in s. 480.033(3),
564 except those practices or activities defined in s. 477.013.
565 Section 23. Paragraph (a) of subsection (1) of section
566 477.029, Florida Statutes, is amended to read:
567 477.029 Penalty.—
568 (1) It is unlawful for any person to:
569 (a) Hold himself or herself out as a cosmetologist or,
570 specialist, hair wrapper, hair braider, or body wrapper unless
571 duly licensed or registered, or otherwise authorized, as
572 provided in this chapter.
573 Section 24. Subsection (5) of section 481.203, Florida
574 Statutes, is amended to read:
575 481.203 Definitions.—As used in this part:
576 (5) “Business organization” means a partnership, a limited
577 liability company, a corporation, or an individual operating
578 under a fictitious name “Certificate of authorization” means a
579 certificate issued by the department to a corporation or
580 partnership to practice architecture or interior design.
581 Section 25. Section 481.219, Florida Statutes, is amended
582 to read:
583 481.219 Business organization; qualifying agents
584 Certification of partnerships, limited liability companies, and
585 corporations.—
586 (1) A licensee may The practice of or the offer to practice
587 architecture or interior design by licensees through a business
588 organization that offers corporation, limited liability company,
589 or partnership offering architectural or interior design
590 services to the public, or through by a business organization
591 that offers corporation, limited liability company, or
592 partnership offering architectural or interior design services
593 to the public through such licensees under this part as agents,
594 employees, officers, or partners, is permitted, subject to the
595 provisions of this section.
596 (2) If a licensee or an applicant proposes to engage in the
597 practice of architecture or interior design as a business
598 organization, the licensee or applicant must apply to qualify
599 the business organization For the purposes of this section, a
600 certificate of authorization shall be required for a
601 corporation, limited liability company, partnership, or person
602 practicing under a fictitious name, offering architectural
603 services to the public jointly or separately. However, when an
604 individual is practicing architecture in her or his own name,
605 she or he shall not be required to be certified under this
606 section. Certification under this subsection to offer
607 architectural services shall include all the rights and
608 privileges of certification under subsection (3) to offer
609 interior design services.
610 (a) An application to qualify a business organization must:
611 1. If the business is a partnership, state the names of the
612 partnership and its partners.
613 2. If the business is a corporation, state the names of the
614 corporation and its officers and directors and the name of each
615 of its stockholders who is also an officer or a director.
616 3. If the business is operating under a fictitious name,
617 state the fictitious name under which it is doing business.
618 4. If the business is not a partnership, a corporation, or
619 operating under a fictitious name, state the name of such other
620 legal entity and its members.
621 (b) The board may deny an application to qualify a business
622 organization if the applicant or any person required to be named
623 pursuant to paragraph (a) has been involved in past disciplinary
624 actions or on any grounds for which an individual registration
625 may be denied.
626 (3)(a) A business organization may not engage in the
627 practice of architecture unless its qualifying agent is a
628 registered architect under this part. A business organization
629 may not engage in the practice of interior design unless its
630 qualifying agent is a registered architect or a registered
631 interior designer under this part. A qualifying agent who
632 terminates her or his affiliation with a business organization
633 shall immediately notify the department of such termination. If
634 the qualifying agent who terminates her or his affiliation is
635 the only qualifying agent for a business organization, the
636 business organization must be qualified by another qualifying
637 agent within 60 days after the termination. Except as provided
638 in paragraph (b), the business organization may not engage in
639 the practice of architecture or interior design until it is
640 qualified by a qualifying agent.
641 (b) In the event a qualifying architect or interior
642 designer ceases employment with the business organization, the
643 executive director or the chair of the board may authorize
644 another registered architect or interior designer employed by
645 the business organization to temporarily serve as its qualifying
646 agent for a period of no more than 60 days. The business
647 organization is not authorized to operate beyond such period
648 under this chapter absent replacement of the qualifying
649 architect or interior designer who has ceased employment.
650 (c) A qualifying agent shall notify the department in
651 writing before engaging in the practice of architecture or
652 interior design in her or his own name or in affiliation with a
653 different business organization, and she or he or such business
654 organization shall supply the same information to the department
655 as required of applicants under this part For the purposes of
656 this section, a certificate of authorization shall be required
657 for a corporation, limited liability company, partnership, or
658 person operating under a fictitious name, offering interior
659 design services to the public jointly or separately. However,
660 when an individual is practicing interior design in her or his
661 own name, she or he shall not be required to be certified under
662 this section.
663 (4) All final construction documents and instruments of
664 service which include drawings, specifications, plans, reports,
665 or other papers or documents that involve involving the practice
666 of architecture which are prepared or approved for the use of
667 the business organization corporation, limited liability
668 company, or partnership and filed for public record within the
669 state must shall bear the signature and seal of the licensee who
670 prepared or approved them and the date on which they were
671 sealed.
672 (5) All drawings, specifications, plans, reports, or other
673 papers or documents prepared or approved for the use of the
674 business organization corporation, limited liability company, or
675 partnership by an interior designer in her or his professional
676 capacity and filed for public record within the state must shall
677 bear the signature and seal of the licensee who prepared or
678 approved them and the date on which they were sealed.
679 (6) The department shall issue a certificate of
680 authorization to any applicant who the board certifies as
681 qualified for a certificate of authorization and who has paid
682 the fee set in s. 481.207.
683 (6)(7) The board shall allow certify an applicant to
684 qualify one or more business organizations as qualified for a
685 certificate of authorization to offer architectural or interior
686 design services, or to use a fictitious name to offer such
687 services, if provided that:
688 (a) One or more of the principal officers of the
689 corporation or limited liability company, or one or more
690 partners of the partnership, and all personnel of the
691 corporation, limited liability company, or partnership who act
692 in its behalf in this state as architects, are registered as
693 provided by this part; or
694 (b) One or more of the principal officers of the
695 corporation or one or more partners of the partnership, and all
696 personnel of the corporation, limited liability company, or
697 partnership who act in its behalf in this state as interior
698 designers, are registered as provided by this part.
699 (8) The department shall adopt rules establishing a
700 procedure for the biennial renewal of certificates of
701 authorization.
702 (9) The department shall renew a certificate of
703 authorization upon receipt of the renewal application and
704 biennial renewal fee.
705 (7)(10) Each qualifying agent approved to qualify a
706 business organization partnership, limited liability company,
707 and corporation certified under this section shall notify the
708 department within 30 days after of any change in the information
709 contained in the application upon which the qualification
710 certification is based. Any registered architect or interior
711 designer who qualifies the business organization shall ensure
712 corporation, limited liability company, or partnership as
713 provided in subsection (7) shall be responsible for ensuring
714 responsible supervising control of projects of the business
715 organization entity and shall notify the department of the upon
716 termination of her or his employment with a business
717 organization qualified partnership, limited liability company,
718 or corporation certified under this section shall notify the
719 department of the termination within 30 days after such
720 termination.
721 (8)(11) A business organization is not No corporation,
722 limited liability company, or partnership shall be relieved of
723 responsibility for the conduct or acts of its agents, employees,
724 or officers by reason of its compliance with this section.
725 However, except as provided in s. 558.0035, the architect who
726 signs and seals the construction documents and instruments of
727 service is shall be liable for the professional services
728 performed, and the interior designer who signs and seals the
729 interior design drawings, plans, or specifications is shall be
730 liable for the professional services performed.
731 (12) Disciplinary action against a corporation, limited
732 liability company, or partnership shall be administered in the
733 same manner and on the same grounds as disciplinary action
734 against a registered architect or interior designer,
735 respectively.
736 (9)(13) Nothing in This section may not shall be construed
737 to mean that a certificate of registration to practice
738 architecture or interior design must shall be held by a business
739 organization corporation, limited liability company, or
740 partnership. Nothing in This section does not prohibit a
741 business organization from offering prohibits corporations,
742 limited liability companies, and partnerships from joining
743 together to offer architectural, engineering, interior design,
744 surveying and mapping, and landscape architectural services, or
745 any combination of such services, to the public if the business
746 organization, provided that each corporation, limited liability
747 company, or partnership otherwise meets the requirements of law.
748 (10)(14) A business organization that is qualified by a
749 registered architect may use Corporations, limited liability
750 companies, or partnerships holding a valid certificate of
751 authorization to practice architecture shall be permitted to use
752 in their title the term “interior designer” or “registered
753 interior designer” in its title. designer.”
754 Section 26. Subsection (10) of section 481.221, Florida
755 Statutes, is amended to read:
756 481.221 Seals; display of certificate number.—
757 (10) Each registered architect or interior designer must,
758 and each corporation, limited liability company, or partnership
759 holding a certificate of authorization, shall include her or his
760 license its certificate number in any newspaper, telephone
761 directory, or other advertising medium used by the registered
762 licensee architect, interior designer, corporation, limited
763 liability company, or partnership. Each business organization
764 must include the license number of the registered architect or
765 interior designer who serves as the qualifying agent for that
766 business organization in any newspaper, telephone directory, or
767 other advertising medium used by the business organization, but
768 is not required to display the license numbers of other
769 registered architects or interior designers employed by the
770 business organization A corporation, limited liability company,
771 or partnership is not required to display the certificate number
772 of individual registered architects or interior designers
773 employed by or working within the corporation, limited liability
774 company, or partnership.
775 Section 27. Paragraphs (a) and (c) of subsection (5) of
776 section 481.229, Florida Statutes, are amended to read:
777 481.229 Exceptions; exemptions from licensure.—
778 (5)(a) Nothing contained in This part does not prohibit
779 shall prevent a registered architect or a qualified business
780 organization partnership, limited liability company, or
781 corporation holding a valid certificate of authorization to
782 provide architectural services from performing any interior
783 design service or from using the title “interior designer” or
784 “registered interior designer.”
785 (c) Notwithstanding any other provision of this part, a
786 registered architect or business organization qualified any
787 corporation, partnership, or person operating under a fictitious
788 name which holds a certificate of authorization to provide
789 architectural services must shall be qualified, without fee, for
790 a certificate of authorization to provide interior design
791 services upon submission of a completed application for
792 qualification therefor. For corporations, partnerships, and
793 persons operating under a fictitious name which hold a
794 certificate of authorization to provide interior design
795 services, satisfaction of the requirements for renewal of the
796 certificate of authorization to provide architectural services
797 under s. 481.219 shall be deemed to satisfy the requirements for
798 renewal of the certificate of authorization to provide interior
799 design services under that section.
800 Section 28. Section 481.303, Florida Statutes, is reordered
801 and amended to read:
802 481.303 Definitions.—As used in this chapter:
803 (1) “Board” means the Board of Landscape Architecture.
804 (2) “Business organization” means any partnership, limited
805 liability company, corporation, or individual operating under a
806 fictitious name.
807 (4)(2) “Department” means the Department of Business and
808 Professional Regulation.
809 (7)(3) “Registered landscape architect” means a person who
810 holds a license to practice landscape architecture in this state
811 under the authority of this act.
812 (3)(4) “Certificate of registration” means a license issued
813 by the department to a natural person to engage in the practice
814 of landscape architecture.
815 (5) “Certificate of authorization” means a license issued
816 by the department to a corporation or partnership to engage in
817 the practice of landscape architecture.
818 (5)(6) “Landscape architecture” means professional
819 services, including, but not limited to, the following:
820 (a) Consultation, investigation, research, planning,
821 design, preparation of drawings, specifications, contract
822 documents and reports, responsible construction supervision, or
823 landscape management in connection with the planning and
824 development of land and incidental water areas, including the
825 use of Florida-friendly landscaping as defined in s. 373.185,
826 where, and to the extent that, the dominant purpose of such
827 services or creative works is the preservation, conservation,
828 enhancement, or determination of proper land uses, natural land
829 features, ground cover and plantings, or naturalistic and
830 aesthetic values;
831 (b) The determination of settings, grounds, and approaches
832 for and the siting of buildings and structures, outdoor areas,
833 or other improvements;
834 (c) The setting of grades, shaping and contouring of land
835 and water forms, determination of drainage, and provision for
836 storm drainage and irrigation systems where such systems are
837 necessary to the purposes outlined herein; and
838 (d) The design of such tangible objects and features as are
839 necessary to the purpose outlined herein.
840 (6)(7) “Landscape design” means consultation for and
841 preparation of planting plans drawn for compensation, including
842 specifications and installation details for plant materials,
843 soil amendments, mulches, edging, gravel, and other similar
844 materials. Such plans may include only recommendations for the
845 conceptual placement of tangible objects for landscape design
846 projects. Construction documents, details, and specifications
847 for tangible objects and irrigation systems shall be designed or
848 approved by licensed professionals as required by law.
849 Section 29. Subsection (4) of section 481.311, Florida
850 Statutes, is amended to read:
851 481.311 Licensure.—
852 (4) The board shall certify as qualified for a certificate
853 of authorization any applicant corporation or partnership who
854 satisfies the requirements of s. 481.319.
855 Section 30. Subsection (2) of section 481.317, Florida
856 Statutes, is amended to read:
857 481.317 Temporary certificates.—
858 (2) Upon approval by the board and payment of the fee set
859 in s. 481.307, the department shall grant a temporary
860 certificate of authorization for work on one specified project
861 in this state for a period not to exceed 1 year to an out-of
862 state corporation, partnership, or firm, provided one of the
863 principal officers of the corporation, one of the partners of
864 the partnership, or one of the principals in the fictitiously
865 named firm has obtained a temporary certificate of registration
866 in accordance with subsection (1).
867 Section 31. Section 481.319, Florida Statutes, is amended
868 to read:
869 481.319 Corporate and partnership practice of landscape
870 architecture; certificate of authorization.—
871 (1) The practice of or offer to practice landscape
872 architecture by registered landscape architects registered under
873 this part through a corporation or partnership offering
874 landscape architectural services to the public, or through a
875 corporation or partnership offering landscape architectural
876 services to the public through individual registered landscape
877 architects as agents, employees, officers, or partners, is
878 permitted, subject to the provisions of this section, if:
879 (a) One or more of the principal officers of the
880 corporation, or partners of the partnership, and all personnel
881 of the corporation or partnership who act in its behalf as
882 landscape architects in this state are registered landscape
883 architects; and
884 (b) One or more of the officers, one or more of the
885 directors, one or more of the owners of the corporation, or one
886 or more of the partners of the partnership is a registered
887 landscape architect and has applied to be the qualifying agent
888 for the business organization; and
889 (c) The corporation or partnership has been issued a
890 certificate of authorization by the board as provided herein.
891 (2) All documents involving the practice of landscape
892 architecture which are prepared for the use of the corporation
893 or partnership shall bear the signature and seal of a registered
894 landscape architect.
895 (3) A landscape architect applying to practice in the name
896 of a An applicant corporation must shall file with the
897 department the names and addresses of all officers and board
898 members of the corporation, including the principal officer or
899 officers, duly registered to practice landscape architecture in
900 this state and, also, of all individuals duly registered to
901 practice landscape architecture in this state who shall be in
902 responsible charge of the practice of landscape architecture by
903 the corporation in this state. A landscape architect applying to
904 practice in the name of a An applicant partnership must shall
905 file with the department the names and addresses of all partners
906 of the partnership, including the partner or partners duly
907 registered to practice landscape architecture in this state and,
908 also, of an individual or individuals duly registered to
909 practice landscape architecture in this state who shall be in
910 responsible charge of the practice of landscape architecture by
911 said partnership in this state.
912 (4) Each landscape architect qualifying a partnership or
913 and corporation licensed under this part must shall notify the
914 department within 1 month after of any change in the information
915 contained in the application upon which the license is based.
916 Any landscape architect who terminates her or his or her
917 employment with a partnership or corporation licensed under this
918 part shall notify the department of the termination within 1
919 month after such termination.
920 (5) Disciplinary action against a corporation or
921 partnership shall be administered in the same manner and on the
922 same grounds as disciplinary action against a registered
923 landscape architect.
924 (5)(6) Except as provided in s. 558.0035, the fact that a
925 registered landscape architect practices landscape architecture
926 through a corporation or partnership as provided in this section
927 does not relieve the landscape architect from personal liability
928 for her or his or her professional acts.
929 Section 32. Subsection (5) of section 481.321, Florida
930 Statutes, is amended to read:
931 481.321 Seals; display of certificate number.—
932 (5) Each registered landscape architect must and each
933 corporation or partnership holding a certificate of
934 authorization shall include her or his its certificate number in
935 any newspaper, telephone directory, or other advertising medium
936 used by the registered landscape architect, corporation, or
937 partnership. A corporation or partnership must is not required
938 to display the certificate number numbers of at least one
939 officer, director, owner, or partner who is a individual
940 registered landscape architect architects employed by or
941 practicing with the corporation or partnership.
942 Section 33. Subsection (5) of section 481.329, Florida
943 Statutes, is amended to read:
944 481.329 Exceptions; exemptions from licensure.—
945 (5) This part does not prohibit any person from engaging in
946 the practice of landscape design, as defined in s. 481.303(6)
947 481.303(7), or from submitting for approval to a governmental
948 agency planting plans that are independent of, or a component
949 of, construction documents that are prepared by a Florida
950 registered professional. Persons providing landscape design
951 services may shall not use the title, term, or designation
952 “landscape architect,” “landscape architectural,” “landscape
953 architecture,” “L.A.,” “landscape engineering,” or any
954 description tending to convey the impression that she or he is a
955 landscape architect unless she or he is registered as provided
956 in this part.
957 Section 34. Paragraph (h) of subsection (2) of section
958 287.055, Florida Statutes, is amended to read:
959 287.055 Acquisition of professional architectural,
960 engineering, landscape architectural, or surveying and mapping
961 services; definitions; procedures; contingent fees prohibited;
962 penalties.—
963 (2) DEFINITIONS.—For purposes of this section:
964 (h) A “design-build firm” means a partnership, corporation,
965 or other legal entity that:
966 1. Is certified under s. 489.119 to engage in contracting
967 through a certified or registered general contractor or a
968 certified or registered building contractor as the qualifying
969 agent; or
970 2. Is certified under s. 471.023 to practice or to offer to
971 practice engineering; qualified certified under s. 481.219 to
972 practice or to offer to practice architecture; or qualified
973 certified under s. 481.319 to practice or to offer to practice
974 landscape architecture.
975 Section 35. Present paragraphs (j) and (k) of subsection
976 (2) of section 548.003, Florida Statutes, are redesignated as
977 paragraphs (i) and (j), respectively, and present paragraph (i)
978 of that subsection is amended, to read:
979 548.003 Florida State Boxing Commission.—
980 (2) The Florida State Boxing Commission, as created by
981 subsection (1), shall administer the provisions of this chapter.
982 The commission has authority to adopt rules pursuant to ss.
983 120.536(1) and 120.54 to implement the provisions of this
984 chapter and to implement each of the duties and responsibilities
985 conferred upon the commission, including, but not limited to:
986 (i) Designation and duties of a knockdown timekeeper.
987 Section 36. Subsection (1) of section 548.017, Florida
988 Statutes, is amended to read:
989 548.017 Participants, managers, and other persons required
990 to have licenses.—
991 (1) A participant, manager, trainer, second, timekeeper,
992 referee, judge, announcer, physician, matchmaker, or promoter
993 must be licensed before directly or indirectly acting in such
994 capacity in connection with any match involving a participant. A
995 physician approved by the commission must be licensed pursuant
996 to chapter 458 or chapter 459, must maintain an unencumbered
997 license in good standing, and must demonstrate satisfactory
998 medical training or experience in boxing, or a combination of
999 both, to the executive director before working as the ringside
1000 physician.
1001 Section 37. This act shall take effect July 1, 2018.
