Bill Text: FL S1252 | 2012 | Regular Session | Comm Sub
Bill Title: Business and Professional Regulation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-08 - Laid on Table, refer to CS/CS/HB 887 -SJ 1004 [S1252 Detail]
Download: Florida-2012-S1252-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 1252 By the Committees on Budget Subcommittee on General Government Appropriations; and Regulated Industries; and Senators Jones and Gaetz 601-04289-12 20121252c2 1 A bill to be entitled 2 An act relating to business and professional 3 regulation; amending s. 210.16, F.S.; authorizing 4 credit for the sale of tobacco products to be extended 5 to a retail dealer under specified conditions; 6 providing for the suspension of the sale of tobacco 7 products to retail dealers delinquent in their credit 8 payments until certain conditions are met; amending s. 9 210.181, F.S.; conforming a cross-reference; amending 10 s. 455.213, F.S.; waiving initial licensing, 11 application, and unlicensed activity fees for certain 12 military veterans; amending s. 455.2179, F.S.; 13 revising continuing education provider and course 14 approval procedures; amending s. 455.271, F.S.; 15 limiting to the Department of Business and 16 Professional Regulation the authority to reinstate a 17 license that has become void under certain 18 circumstances; amending s. 455.273, F.S.; revising the 19 method of license renewal notification or notice of 20 pending cancellation of licensure to include an e-mail 21 address; deleting a requirement that a licensure 22 renewal notification and a notice of cancellation of 23 licensure include certain information regarding the 24 applicant; amending s. 455.275, F.S.; revising a 25 provision relating to maintenance of current address 26 of-record information to include e-mail address; 27 revising a provision relating to notice to a licensee 28 to allow service of process by e-mail; amending s. 29 475.451, F.S.; authorizing distance learning courses 30 as an acceptable alternative to classroom instruction 31 for renewal of a real estate instructor permit; 32 providing that distance learning courses are under the 33 discretion of the school offering the real estate 34 course; requiring distance learning courses to adhere 35 to certain requirements; amending s. 475.611, F.S.; 36 revising the definition of the terms “appraisal 37 management company” and “appraisal management 38 services”; defining the term “subsidiary”; amending s. 39 475.6171, F.S.; revising requirements for the issuance 40 of registration or certification upon receipt of 41 proper documentation; amending s. 475.6235, F.S.; 42 revising provisions relating to titles an appraisal 43 management company must be registered to use; 44 providing exemptions from registration requirements; 45 amending s. 475.6245, F.S.; providing additional 46 grounds for discipline of appraisal management 47 companies, to which penalties apply; amending s. 48 477.019, F.S.; revising procedures for cosmetology 49 licensure by endorsement; amending s. 477.0263, F.S.; 50 authorizing the performance of cosmetology and 51 specialty services in a location other than a licensed 52 salon under certain circumstances; amending s. 53 489.105, F.S.; deleting the definition of the term 54 “glass and glazing contractor”; amending ss. 489.107 55 and 489.141, F.S.; conforming cross-references; 56 reenacting and amending s. 489.118, F.S.; reviving 57 grandfathering provisions and establishing a new 58 deadline for applications for certification of certain 59 registered contractors; amending s. 548.007, F.S.; 60 deleting exemptions from certain restrictions on 61 specified amateur matches and other events; in 62 duplicate; providing effective dates. 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66 Section 1. Subsections (4) and (5) of section 210.16, 67 Florida Statutes, are renumbered as subsections (5) and (6), 68 respectively, and a new subsection (4) is added to that section 69 to read: 70 210.16 Revocation or suspension of permit.— 71 (4) At the discretion of the wholesale dealer making the 72 sale, credit for the sale of tobacco products may be extended to 73 a retail dealer that has been issued a permit pursuant to 74 chapter 569. Upon submission of proof to the division by a 75 wholesale dealer, the division shall suspend or deny the renewal 76 of a retail permit to any person or, if a corporation, to any 77 officer or stockholder of the corporation who has failed to 78 satisfy the terms of a civil judgment obtained against the 79 person, corporation, officer, or stockholder for failure to pay 80 for tobacco products purchased from a wholesale dealer. The 81 permit shall remain suspended until the retail dealer submits 82 proof to the division that it has entered into an agreed payment 83 plan with the wholesale dealer or satisfied the civil judgment 84 in full. 85 Section 2. Subsection (1) of section 210.181, Florida 86 Statutes, is amended to read: 87 210.181 Civil penalties.— 88 (1) Except as provided in s. 210.16(6)210.16(5), whoever 89 knowingly omits, neglects, or refuses to comply with any duty 90 imposed upon him or her by this part, or to do or cause to be 91 done any of the things required by this part, or does anything 92 prohibited by this part shall, in addition to any other penalty 93 provided in this part, be liable for a fine of $1,000 or five 94 times the retail value of the cigarettes involved, whichever is 95 greater. 96 Section 3. Subsection (12) is added to section 455.213, 97 Florida Statutes, to read: 98 455.213 General licensing provisions.— 99 (12) The department shall waive the initial licensing fee, 100 the initial application fee, and the initial unlicensed activity 101 fee for a military veteran who applies to the department for a 102 license, in a format prescribed by the department, within 24 103 months after discharge from any branch of the United States 104 Armed Forces. To qualify for this waiver, the veteran must have 105 been honorably discharged. 106 Section 4. Subsection (1) of section 455.2179, Florida 107 Statutes, is amended to read: 108 455.2179 Continuing education provider and course approval; 109 cease and desist orders.— 110 (1) If a board, or the department if there is no board, 111 requires completion of continuing education as a requirement for 112 renewal of a license, the board, or the department if there is 113 no board, shall approve the providers and courses forofthe 114 continuing education. Notwithstanding this subsection or any 115 other provision of law, the department may approve continuing 116 education providers or courses even if there is a board. If the 117 department determines that an application for a continuing 118 education provider or course requires expert review or should be 119 denied, the department shall forward the application to the 120 appropriate board for review and approval or denial. The 121 approval of continuing education providers and courses must be 122 for a specified period of time, not to exceed 4 years. An 123 approval that does not include such a time limitation may remain 124 in effect pursuant to the applicable practice act or the rules 125 adopted under the applicable practice act. Notwithstanding this 126 subsection or any other provision of law, only the department 127 may determine the contents of any documents submitted for 128 approval of a continuing education provider or course. 129 Section 5. Paragraph (b) of subsection (6) of section 130 455.271, Florida Statutes, is amended to read: 131 455.271 Inactive and delinquent status.— 132 (6) 133 (b) Notwithstanding the provisions of the professional 134 practice acts administered by the department,the board, orthe 135 departmentif there is no board,may, at its discretion, 136 reinstate the license of an individual whose license has become 137 void if theboard ordepartment, as applicable,determines that 138 the individualhas made a good faith effort to comply with this139section but hasfailed to comply because of illness orunusual140 economic hardship. The individual must apply tothe board, or141 the departmentif there is no board,for reinstatementin a142manner prescribed by rules of the board or the department, as143applicable,andshallpay an applicable fee in an amount 144 determined by rule. Theboard, or thedepartmentif there is no145board,shall require that such individual meet all continuing 146 education requirements prescribed by law, pay appropriate 147 licensing fees, and otherwise be eligible for renewal of 148 licensure under this chapter. 149 150 This subsection does not apply to individuals subject to 151 regulation under chapter 473. 152 Section 6. Section 455.273, Florida Statutes, is amended to 153 read: 154 455.273 Renewal and cancellation notices.— 155(1)At least 90 days before the end of a licensure cycle, 156 the departmentof Business and Professional Regulationshall: 157 (1)(a)Forward a licensure renewal notification to an 158 active or inactive licensee at the licensee’s last known address 159 of record or e-mail address provided towiththe department. 160 (2)(b)Forward a notice of pending cancellation of 161 licensure to a delinquent status licensee at the licensee’s last 162 known address of record or e-mail address provided towiththe 163 department. 164(2) Each licensure renewal notification and each notice of165pending cancellation of licensure must state conspicuously that166a licensee who remains on inactive status for more than two167consecutive biennial licensure cycles and who wishes to168reactivate the license may be required to demonstrate the169competency to resume active practice by sitting for a special170purpose examination or by completing other reactivation171requirements, as defined by rule of the board or the department172when there is no board.173 Section 7. Subsections (1) and (2) of section 455.275, 174 Florida Statutes, are amended to read: 175 455.275 Address of record.— 176 (1) Each licensee of the department is solely responsible 177 for notifying the department in writing of the licensee’s 178 current mailing address, e-mail address, and place of practice, 179 as defined by rule of the board or the department when there is 180 no board. A licensee’s failure to notify the department of a 181 change of address constitutes a violation of this section, and 182 the licensee may be disciplined by the board or the department 183 when there is no board. 184 (2) Notwithstanding any other provision of law, service by 185 regular mail or e-mail to a licensee’s last known mailing 186 address or e-mail address of record with the department 187 constitutes adequate and sufficient notice to the licensee for 188 any official communication to the licensee by the board or the 189 department except when other service is required pursuant to s. 190 455.225. 191 Section 8. Paragraph (c) of subsection (2) of section 192 475.451, Florida Statutes, is amended, present subsections (4) 193 through (8) are renumbered as subsections (5) through (9), 194 respectively, and a new subsection (4) is added to that section, 195 to read: 196 475.451 Schools teaching real estate practice.— 197 (2) An applicant for a permit to operate a proprietary real 198 estate school, to be a chief administrator of a proprietary real 199 estate school or a state institution, or to be an instructor for 200 a proprietary real estate school or a state institution must 201 meet the qualifications for practice set forth in s. 475.17(1) 202 and the following minimal requirements: 203 (c) “School instructor” means an individual who instructs 204 persons in the classroom in noncredit college courses in a 205 college, university, or community college or courses in a career 206 center or proprietary real estate school. 207 1. Before commencing to provide such instruction, the 208 applicant must certify the applicant’s competency and obtain an 209 instructor permit by meeting one of the following requirements: 210 a. Hold a bachelor’s degree in a business-related subject, 211 such as real estate, finance, accounting, business 212 administration, or its equivalent and hold a valid broker’s 213 license in this state. 214 b. Hold a bachelor’s degree, have extensive real estate 215 experience, as defined by rule, and hold a valid broker’s 216 license in this state. 217 c. Pass an instructor’s examination approved by the 218 commission. 219 2. Any requirement by the commission for a teaching 220 demonstration or practical examination must apply to all school 221 instructor applicants. 222 3. The department shall renew an instructor permit upon 223 receipt of a renewal application and fee. The renewal 224 application shall include proof that the permitholder has, since 225 the issuance or renewal of the current permit, successfully 226 completed a minimum of 7 classroom or distance learning hours of 227 instruction in real estate subjects or instructional techniques, 228 as prescribed by the commission. The commission shall adopt 229 rules providing for the renewal of instructor permits at least 230 every 2 years. Any permit thatwhichis not renewed at the end 231 of the permit period established by the departmentshall232 automatically revertsrevertto involuntarily inactive status. 233 234 The department may require an applicant to submit names of 235 persons having knowledge concerning the applicant and the 236 enterprise; may propound interrogatories to such persons and to 237 the applicant concerning the character of the applicant, 238 including the taking of fingerprints for processing through the 239 Federal Bureau of Investigation; and shall make such 240 investigation of the applicant or the school or institution as 241 it may deem necessary to the granting of the permit. If an 242 objection is filed, it shall be considered in the same manner as 243 objections or administrative complaints against other applicants 244 for licensure by the department. 245 (4) A real estate school may offer any course through 246 distance learning if the course complies with s. 475.17(2). 247 Section 9. Paragraphs (c) and (d) of subsection (1) of 248 section 475.611, Florida Statutes, are amended, and paragraph 249 (y) is added to that subsection, to read: 250 475.611 Definitions.— 251 (1) As used in this part, the term: 252 (c) “Appraisal management company” means a person who 253 performs appraisal management services regardless of the use of 254 the term “appraisal management company,” “appraiser 255 cooperative,” “appraiser portal,” “mortgage technology company,” 256 or other term. 257 (d) “Appraisal management services” means the coordination 258 or management of appraisal services for compensation by: 259 1. Employing, contracting with, or otherwise retaining one 260 or more licensed or certified appraisers to perform appraisal 261 services for a client; or 262 2. Acting as a broker or intermediary between a client and 263 one or more licensed or certified appraisers to facilitate the 264 client’s employing, contracting with, or otherwise retaining the 265 appraisers. 266 (y) “Subsidiary” means an organization that is owned and 267 controlled by a financial institution that is regulated by a 268 federal financial institution regulatory agency. 269 Section 10. Subsection (4) of section 475.6171, Florida 270 Statutes, is amended to read: 271 475.6171 Issuance of registration or certification.—The 272 registration or certification of an applicant may be issued upon 273 receipt by the board of the following: 274 (4) If required, proof of passing a written examination as 275 specified in s. 475.616.No certification shall be issued based276upon any examination results obtained more than 24 months after277the date of examination.278 Section 11. Subsection (1) of section 475.6235, Florida 279 Statutes, is amended, and subsection (9) is added to that 280 section, to read: 281 475.6235 Registration of appraisal management companies 282 required; exemptions.— 283 (1) A person may not engage, or offer to engage, in 284 appraisal management services for compensation in this state, 285 advertise or represent herself or himself as an appraisal 286 management company,or use the titles “appraisal management287company,” “appraiser cooperative,” “appraiser portal,” or288“mortgage technology company,” or any abbreviation or words to289that effect,unless the person is registered with the department 290 as an appraisal management company under this section. However, 291 an employee of an appraisal management company is not required 292 to obtain a separate registration. 293 (9) This section does not apply to: 294 (a) Any financial institution, as defined in s. 655.005, 295 that owns and operates an internal appraisal office, business 296 unit, or department; or 297 (b) An appraisal management company that is a subsidiary 298 owned and controlled by a financial institution, as defined in 299 s. 655.005, that is regulated by a federal financial institution 300 regulatory agency. 301 Section 12. Paragraph (v) is added to subsection (1) of 302 section 475.6245, Florida Statutes, to read: 303 475.6245 Discipline of appraisal management companies.— 304 (1) The board may deny an application for registration of 305 an appraisal management company; may investigate the actions of 306 any appraisal management company registered under this part; may 307 reprimand or impose an administrative fine not to exceed $5,000 308 for each count or separate offense against any such appraisal 309 management company; and may revoke or suspend, for a period not 310 to exceed 10 years, the registration of any such appraisal 311 management company, or place any such appraisal management 312 company on probation, if the board finds that the appraisal 313 management company or any person listed in s. 475.6235(2)(f): 314 (v) Has required or attempted to require an appraiser to 315 sign any indemnification agreement that would require the 316 appraiser to hold harmless the appraisal management company or 317 its owners, agents, employees, or independent contractors from 318 any liability, damage, loss, or claim arising from the services 319 performed by the appraisal management company or its owners, 320 agents, employees, or independent contractors and not the 321 services performed by the appraiser. 322 Section 13. Subsection (6) of section 477.019, Florida 323 Statutes, is amended to read: 324 477.019 Cosmetologists; qualifications; licensure; 325 supervised practice; license renewal; endorsement; continuing 326 education.— 327 (6) The board shall certify as qualifiedadopt rules328specifying proceduresforthelicensure by endorsement as a 329 cosmetologist in this state an applicantof practitioners330desiring to be licensed in this statewho holdsholda current 331 active license to practice cosmetology in another stateand who332have met qualifications substantially similar to, equivalent to,333or greater than the qualifications required of applicants from334this state. The board may not require proof of educational hours 335 if the license was issued in a state that requires 1,200 or more 336 hours of prelicensure education and passage of a written 337 examination. This subsection does not apply to applicants who 338 received their license in another state through an 339 apprenticeship program. 340 Section 14. Subsection (4) is added to section 477.0263, 341 Florida Statutes, to read: 342 477.0263 Cosmetology services to be performed in licensed 343 salon; exceptionsexception.— 344 (4) Pursuant to rules adopted by the board, any cosmetology 345 or specialty service may be performed in a location other than a 346 licensed salon when the service is performed in connection with 347 a special event and is performed by a person who is employed by 348 a licensed salon and who holds the proper license or specialty 349 registration. An appointment for the performance of any such 350 service in a location other than a licensed salon must be made 351 through a licensed salon. 352 Section 15. Subsection (3) of section 489.105, Florida 353 Statutes, is amended to read: 354 489.105 Definitions.—As used in this part: 355 (3) “Contractor” means the person who is qualified for, and 356 is only responsible for, the project contracted for and means, 357 except as exempted in this part, the person who, for 358 compensation, undertakes to, submits a bid to, or does himself 359 or herself or by others construct, repair, alter, remodel, add 360 to, demolish, subtract from, or improve any building or 361 structure, including related improvements to real estate, for 362 others or for resale to others; and whose job scope is 363 substantially similar to the job scope described in one of the 364 subsequent paragraphs of this subsection. For the purposes of 365 regulation under this part, “demolish” applies only to 366 demolition of steel tanks over 50 feet in height; towers over 50 367 feet in height; other structures over 50 feet in height, other 368 than buildings or residences over three stories tall; and 369 buildings or residences over three stories tall. Contractors are 370 subdivided into two divisions, Division I, consisting of those 371 contractors defined in paragraphs (a)-(c), and Division II, 372 consisting of those contractors defined in paragraphs (d)-(q) 373(d)-(r): 374 (a) “General contractor” means a contractor whose services 375 are unlimited as to the type of work which he or she may do, who 376 may contract for any activity requiring licensure under this 377 part, and who may perform any work requiring licensure under 378 this part, except as otherwise expressly provided in s. 489.113. 379 (b) “Building contractor” means a contractor whose services 380 are limited to construction of commercial buildings and single 381 dwelling or multiple-dwelling residential buildings, which do 382 not exceed three stories in height, and accessory use structures 383 in connection therewith or a contractor whose services are 384 limited to remodeling, repair, or improvement of any size 385 building if the services do not affect the structural members of 386 the building. 387 (c) “Residential contractor” means a contractor whose 388 services are limited to construction, remodeling, repair, or 389 improvement of one-family, two-family, or three-family 390 residences not exceeding two habitable stories above no more 391 than one uninhabitable story and accessory use structures in 392 connection therewith. 393 (d) “Sheet metal contractor” means a contractor whose 394 services are unlimited in the sheet metal trade and who has the 395 experience, knowledge, and skill necessary for the manufacture, 396 fabrication, assembling, handling, erection, installation, 397 dismantling, conditioning, adjustment, insulation, alteration, 398 repair, servicing, or design, if not prohibited by law, of 399 ferrous or nonferrous metal work of U.S. No. 10 gauge or its 400 equivalent or lighter gauge and of other materials, including, 401 but not limited to, fiberglass, used in lieu thereof and of air 402 handling systems, including the setting of air-handling 403 equipment and reinforcement of same, the balancing of air 404 handling systems, and any duct cleaning and equipment sanitizing 405 that requires at least a partial disassembling of the system. 406 (e) “Roofing contractor” means a contractor whose services 407 are unlimited in the roofing trade and who has the experience, 408 knowledge, and skill to install, maintain, repair, alter, 409 extend, or design, if not prohibited by law, and use materials 410 and items used in the installation, maintenance, extension, and 411 alteration of all kinds of roofing, waterproofing, and coating, 412 except when coating is not represented to protect, repair, 413 waterproof, stop leaks, or extend the life of the roof. The 414 scope of work of a roofing contractor also includes required 415 roof-deck attachments and any repair or replacement of wood roof 416 sheathing or fascia as needed during roof repair or replacement. 417 (f) “Class A air-conditioning contractor” means a 418 contractor whose services are unlimited in the execution of 419 contracts requiring the experience, knowledge, and skill to 420 install, maintain, repair, fabricate, alter, extend, or design, 421 if not prohibited by law, central air-conditioning, 422 refrigeration, heating, and ventilating systems, including duct 423 work in connection with a complete system if such duct work is 424 performed by the contractor as necessary to complete an air 425 distribution system, boiler and unfired pressure vessel systems, 426 and all appurtenances, apparatus, or equipment used in 427 connection therewith, and any duct cleaning and equipment 428 sanitizing that requires at least a partial disassembling of the 429 system; to install, maintain, repair, fabricate, alter, extend, 430 or design, if not prohibited by law, piping, insulation of 431 pipes, vessels and ducts, pressure and process piping, and 432 pneumatic control piping; to replace, disconnect, or reconnect 433 power wiring on the load side of the dedicated existing 434 electrical disconnect switch; to install, disconnect, and 435 reconnect low voltage heating, ventilating, and air-conditioning 436 control wiring; and to install a condensate drain from an air 437 conditioning unit to an existing safe waste or other approved 438 disposal other than a direct connection to a sanitary system. 439 The scope of work for such contractor also includes any 440 excavation work incidental thereto, but does not include any 441 work such as liquefied petroleum or natural gas fuel lines 442 within buildings, except for disconnecting or reconnecting 443 changeouts of liquefied petroleum or natural gas appliances 444 within buildings; potable water lines or connections thereto; 445 sanitary sewer lines; swimming pool piping and filters; or 446 electrical power wiring. 447 (g) “Class B air-conditioning contractor” means a 448 contractor whose services are limited to 25 tons of cooling and 449 500,000 Btu of heating in any one system in the execution of 450 contracts requiring the experience, knowledge, and skill to 451 install, maintain, repair, fabricate, alter, extend, or design, 452 if not prohibited by law, central air-conditioning, 453 refrigeration, heating, and ventilating systems, including duct 454 work in connection with a complete system only to the extent 455 such duct work is performed by the contractor as necessary to 456 complete an air-distribution system being installed under this 457 classification, and any duct cleaning and equipment sanitizing 458 that requires at least a partial disassembling of the system; to 459 install, maintain, repair, fabricate, alter, extend, or design, 460 if not prohibited by law, piping and insulation of pipes, 461 vessels, and ducts; to replace, disconnect, or reconnect power 462 wiring on the load side of the dedicated existing electrical 463 disconnect switch; to install, disconnect, and reconnect low 464 voltage heating, ventilating, and air-conditioning control 465 wiring; and to install a condensate drain from an air 466 conditioning unit to an existing safe waste or other approved 467 disposal other than a direct connection to a sanitary system. 468 The scope of work for such contractor also includes any 469 excavation work incidental thereto, but does not include any 470 work such as liquefied petroleum or natural gas fuel lines 471 within buildings, except for disconnecting or reconnecting 472 changeouts of liquefied petroleum or natural gas appliances 473 within buildings; potable water lines or connections thereto; 474 sanitary sewer lines; swimming pool piping and filters; or 475 electrical power wiring. 476 (h) “Class C air-conditioning contractor” means a 477 contractor whose business is limited to the servicing of air 478 conditioning, heating, or refrigeration systems, including any 479 duct cleaning and equipment sanitizing that requires at least a 480 partial disassembling of the system, and whose certification or 481 registration, issued pursuant to this part, was valid on October 482 1, 1988. Only a person who was registered or certified as a 483 Class C air-conditioning contractor as of October 1, 1988, shall 484 be so registered or certified after October 1, 1988. However, 485 the board shall continue to license and regulate those Class C 486 air-conditioning contractors who held Class C licenses before 487 October 1, 1988. 488 (i) “Mechanical contractor” means a contractor whose 489 services are unlimited in the execution of contracts requiring 490 the experience, knowledge, and skill to install, maintain, 491 repair, fabricate, alter, extend, or design, if not prohibited 492 by law, central air-conditioning, refrigeration, heating, and 493 ventilating systems, including duct work in connection with a 494 complete system if such duct work is performed by the contractor 495 as necessary to complete an air-distribution system, boiler and 496 unfired pressure vessel systems, lift station equipment and 497 piping, and all appurtenances, apparatus, or equipment used in 498 connection therewith, and any duct cleaning and equipment 499 sanitizing that requires at least a partial disassembling of the 500 system; to install, maintain, repair, fabricate, alter, extend, 501 or design, if not prohibited by law, piping, insulation of 502 pipes, vessels and ducts, pressure and process piping, pneumatic 503 control piping, gasoline tanks and pump installations and piping 504 for same, standpipes, air piping, vacuum line piping, oxygen 505 lines, nitrous oxide piping, ink and chemical lines, fuel 506 transmission lines, liquefied petroleum gas lines within 507 buildings, and natural gas fuel lines within buildings; to 508 replace, disconnect, or reconnect power wiring on the load side 509 of the dedicated existing electrical disconnect switch; to 510 install, disconnect, and reconnect low voltage heating, 511 ventilating, and air-conditioning control wiring; and to install 512 a condensate drain from an air-conditioning unit to an existing 513 safe waste or other approved disposal other than a direct 514 connection to a sanitary system. The scope of work for such 515 contractor also includes any excavation work incidental thereto, 516 but does not include any work such as potable water lines or 517 connections thereto, sanitary sewer lines, swimming pool piping 518 and filters, or electrical power wiring. 519 (j) “Commercial pool/spa contractor” means a contractor 520 whose scope of work involves, but is not limited to, the 521 construction, repair, and servicing of any swimming pool, or hot 522 tub or spa, whether public, private, or otherwise, regardless of 523 use. The scope of work includes the installation, repair, or 524 replacement of existing equipment, any cleaning or equipment 525 sanitizing that requires at least a partial disassembling, 526 excluding filter changes, and the installation of new pool/spa 527 equipment, interior finishes, the installation of package pool 528 heaters, the installation of all perimeter piping and filter 529 piping, and the construction of equipment rooms or housing for 530 pool/spa equipment, and also includes the scope of work of a 531 swimming pool/spa servicing contractor. The scope of such work 532 does not include direct connections to a sanitary sewer system 533 or to potable water lines. The installation, construction, 534 modification, or replacement of equipment permanently attached 535 to and associated with the pool or spa for the purpose of water 536 treatment or cleaning of the pool or spa requires licensure; 537 however, the usage of such equipment for the purposes of water 538 treatment or cleaning does not require licensure unless the 539 usage involves construction, modification, or replacement of 540 such equipment. Water treatment that does not require such 541 equipment does not require a license. In addition, a license is 542 not required for the cleaning of the pool or spa in a way that 543 does not affect the structural integrity of the pool or spa or 544 its associated equipment. 545 (k) “Residential pool/spa contractor” means a contractor 546 whose scope of work involves, but is not limited to, the 547 construction, repair, and servicing of a residential swimming 548 pool, or hot tub or spa, regardless of use. The scope of work 549 includes the installation, repair, or replacement of existing 550 equipment, any cleaning or equipment sanitizing that requires at 551 least a partial disassembling, excluding filter changes, and the 552 installation of new pool/spa equipment, interior finishes, the 553 installation of package pool heaters, the installation of all 554 perimeter piping and filter piping, and the construction of 555 equipment rooms or housing for pool/spa equipment, and also 556 includes the scope of work of a swimming pool/spa servicing 557 contractor. The scope of such work does not include direct 558 connections to a sanitary sewer system or to potable water 559 lines. The installation, construction, modification, or 560 replacement of equipment permanently attached to and associated 561 with the pool or spa for the purpose of water treatment or 562 cleaning of the pool or spa requires licensure; however, the 563 usage of such equipment for the purposes of water treatment or 564 cleaning does not require licensure unless the usage involves 565 construction, modification, or replacement of such equipment. 566 Water treatment that does not require such equipment does not 567 require a license. In addition, a license is not required for 568 the cleaning of the pool or spa in a way that does not affect 569 the structural integrity of the pool or spa or its associated 570 equipment. 571 (l) “Swimming pool/spa servicing contractor” means a 572 contractor whose scope of work involves, but is not limited to, 573 the repair and servicing of a swimming pool, or hot tub or spa, 574 whether public or private, or otherwise, regardless of use. The 575 scope of work includes the repair or replacement of existing 576 equipment, any cleaning or equipment sanitizing that requires at 577 least a partial disassembling, excluding filter changes, and the 578 installation of new pool/spa equipment, interior refinishing, 579 the reinstallation or addition of pool heaters, the repair or 580 replacement of all perimeter piping and filter piping, the 581 repair of equipment rooms or housing for pool/spa equipment, and 582 the substantial or complete draining of a swimming pool, or hot 583 tub or spa, for the purpose of repair or renovation. The scope 584 of such work does not include direct connections to a sanitary 585 sewer system or to potable water lines. The installation, 586 construction, modification, substantial or complete disassembly, 587 or replacement of equipment permanently attached to and 588 associated with the pool or spa for the purpose of water 589 treatment or cleaning of the pool or spa requires licensure; 590 however, the usage of such equipment for the purposes of water 591 treatment or cleaning does not require licensure unless the 592 usage involves construction, modification, substantial or 593 complete disassembly, or replacement of such equipment. Water 594 treatment that does not require such equipment does not require 595 a license. In addition, a license is not required for the 596 cleaning of the pool or spa in a way that does not affect the 597 structural integrity of the pool or spa or its associated 598 equipment. 599 (m) “Plumbing contractor” means a contractor whose 600 contracting business consists of the execution of contracts 601 requiring the experience, financial means, knowledge, and skill 602 to install, maintain, repair, alter, extend, or, if not 603 prohibited by law, design plumbing. A plumbing contractor may 604 install, maintain, repair, alter, extend, or, if not prohibited 605 by law, design the following without obtaining an additional 606 local regulatory license, certificate, or registration: sanitary 607 drainage or storm drainage facilities; venting systems; public 608 or private water supply systems; septic tanks; drainage and 609 supply wells; swimming pool piping; irrigation systems; or solar 610 heating water systems and all appurtenances, apparatus, or 611 equipment used in connection therewith, including boilers and 612 pressure process piping and including the installation of water, 613 natural gas, liquefied petroleum gas and related venting, and 614 storm and sanitary sewer lines; and water and sewer plants and 615 substations. The scope of work of the plumbing contractor also 616 includes the design, if not prohibited by law, and installation, 617 maintenance, repair, alteration, or extension of air-piping, 618 vacuum line piping, oxygen line piping, nitrous oxide piping, 619 and all related medical gas systems; fire line standpipes and 620 fire sprinklers if authorized by law; ink and chemical lines; 621 fuel oil and gasoline piping and tank and pump installation, 622 except bulk storage plants; and pneumatic control piping 623 systems, all in a manner that complies with all plans, 624 specifications, codes, laws, and regulations applicable. The 625 scope of work of the plumbing contractor applies to private 626 property and public property, including any excavation work 627 incidental thereto, and includes the work of the specialty 628 plumbing contractor. Such contractor shall subcontract, with a 629 qualified contractor in the field concerned, all other work 630 incidental to the work but which is specified as being the work 631 of a trade other than that of a plumbing contractor. This 632 definition does not limit the scope of work of any specialty 633 contractor certified pursuant to s. 489.113(6), and does not 634 require certification or registration under this part of any 635 authorized employee of a public natural gas utility or of a 636 private natural gas utility regulated by the Public Service 637 Commission when disconnecting and reconnecting water lines in 638 the servicing or replacement of an existing water heater. 639 (n) “Underground utility and excavation contractor” means a 640 contractor whose services are limited to the construction, 641 installation, and repair, on public or private property, whether 642 accomplished through open excavations or through other means, 643 including, but not limited to, directional drilling, auger 644 boring, jacking and boring, trenchless technologies, wet and dry 645 taps, grouting, and slip lining, of main sanitary sewer 646 collection systems, main water distribution systems, storm sewer 647 collection systems, and the continuation of utility lines from 648 the main systems to a point of termination up to and including 649 the meter location for the individual occupancy, sewer 650 collection systems at property line on residential or single 651 occupancy commercial properties, or on multioccupancy properties 652 at manhole or wye lateral extended to an invert elevation as 653 engineered to accommodate future building sewers, water 654 distribution systems, or storm sewer collection systems at storm 655 sewer structures. However, an underground utility and excavation 656 contractor may install empty underground conduits in rights-of 657 way, easements, platted rights-of-way in new site development, 658 and sleeves for parking lot crossings no smaller than 2 inches 659 in diameter if each conduit system installed is designed by a 660 licensed professional engineer or an authorized employee of a 661 municipality, county, or public utility and the installation of 662 such conduit does not include installation of any conductor 663 wiring or connection to an energized electrical system. An 664 underground utility and excavation contractor may not install 665 piping that is an integral part of a fire protection system as 666 defined in s. 633.021 beginning at the point where the piping is 667 used exclusively for such system. 668 (o) “Solar contractor” means a contractor whose services 669 consist of the installation, alteration, repair, maintenance, 670 relocation, or replacement of solar panels for potable solar 671 water heating systems, swimming pool solar heating systems, and 672 photovoltaic systems and any appurtenances, apparatus, or 673 equipment used in connection therewith, whether public, private, 674 or otherwise, regardless of use. A contractor, certified or 675 registered pursuant to this chapter, is not required to become a 676 certified or registered solar contractor or to contract with a 677 solar contractor in order to provide services enumerated in this 678 paragraph that are within the scope of the services such 679 contractors may render under this part. 680 (p) “Pollutant storage systems contractor” means a 681 contractor whose services are limited to, and who has the 682 experience, knowledge, and skill to install, maintain, repair, 683 alter, extend, or design, if not prohibited by law, and use 684 materials and items used in the installation, maintenance, 685 extension, and alteration of, pollutant storage tanks. Any 686 person installing a pollutant storage tank shall perform such 687 installation in accordance with the standards adopted pursuant 688 to s. 376.303. 689(q) “Glass and glazing contractor” means a contractor whose690services are unlimited in the execution of contracts requiring691the experience, knowledge, and skill to install, attach,692maintain, repair, fabricate, alter, extend, or design, in693residential and commercial applications without any height694restrictions, all types of windows, glass, and mirrors, whether695fixed or movable; swinging or sliding glass doors attached to696existing walls, floors, columns, or other structural members of697the building; glass holding or supporting mullions or horizontal698bars; structurally anchored impact-resistant opening protection699attached to existing building walls, floors, columns, or other700structural members of the building; prefabricated glass, metal,701or plastic curtain walls; storefront frames or panels; shower702and tub enclosures; metal fascias; and caulking incidental to703such work and assembly.704 (q)(r)“Specialty contractor” means a contractor whose 705 scope of work and responsibility is limited to a particular 706 phase of construction established in a category adopted by board 707 rule and whose scope is limited to a subset of the activities 708 described in one of the paragraphs of this subsection. 709 Section 16. Paragraphs (b) and (c) of subsection (4) of 710 section 489.107, Florida Statutes, are amended to read: 711 489.107 Construction Industry Licensing Board.— 712 (4) The board shall be divided into two divisions, Division 713 I and Division II. 714 (b) Division II is comprised of the roofing contractor, 715 sheet metal contractor, air-conditioning contractor, mechanical 716 contractor, pool contractor, plumbing contractor, and 717 underground utility and excavation contractor members of the 718 board; one of the members appointed pursuant to paragraph 719 (2)(j); and one of the members appointed pursuant to paragraph 720 (2)(k). Division II has jurisdiction over the regulation of 721 contractors defined in s. 489.105(3)(d)-(p)489.105(3)(d)-(q). 722 (c) Jurisdiction for the regulation of specialty 723 contractors defined in s. 489.105(3)(q)489.105(3)(r)shall lie 724 with the division having jurisdiction over the scope of work of 725 the specialty contractor as defined by board rule. 726 Section 17. Paragraph (g) of subsection (2) of section 727 489.141, Florida Statutes, is amended to read: 728 489.141 Conditions for recovery; eligibility.— 729 (2) A claimant is not qualified to make a claim for 730 recovery from the recovery fund, if: 731 (g) The claimant has contracted with a licensee to perform 732 a scope of work described in s. 489.105(3)(d)-(p)489.105(3)(d)733(r). 734 Section 18. Section 489.118, Florida Statutes, is reenacted 735 and amended to read: 736 489.118 Certification of registered contractors; 737 grandfathering provisions.—The board shall, upon receipt of a 738 completed application and appropriate fee, issue a certificate 739 in the appropriate category to any contractor registered under 740 this part who makes application to the board and can show that 741 he or she meets each of the following requirements: 742 (1) Currently holds a valid registered local license in one 743 of the contractor categories defined in s. 489.105(3)(a)-(p). 744 (2) Has, for that category, passed a written examination 745 that the board finds to be substantially similar to the 746 examination required to be licensed as a certified contractor 747 under this part. For purposes of this subsection, a written, 748 proctored examination such as that produced by the National 749 Assessment Institute, Block and Associates, NAI/Block, Experior 750 Assessments, Professional Testing, Inc., or Assessment Systems, 751 Inc., shall be considered to be substantially similar to the 752 examination required to be licensed as a certified contractor. 753 The board may not impose or make any requirements regarding the 754 nature or content of these cited examinations. 755 (3) Has at least 5 years of experience as a contractor in 756 that contracting category, or as an inspector or building 757 administrator with oversight over that category, at the time of 758 application. For contractors, only time periods in which the 759 contractor license is active and the contractor is not on 760 probation shall count toward the 5 years required by this 761 subsection. 762 (4) Has not had his or her contractor’s license revoked at 763 any time, had his or her contractor’s license suspended within 764 the last 5 years, or been assessed a fine in excess of $500 765 within the last 5 years. 766 (5) Is in compliance with the insurance and financial 767 responsibility requirements in s. 489.115(5). 768 769 Applicants wishing to obtain a certificate pursuant to this 770 section must make application by November 1, 20142005. 771 Section 19. Effective upon this act becoming a law, section 772 548.007, Florida Statutes, is amended to read: 773 548.007 Applicability of provisions to amateur matches and 774 certain other matches or events.—SectionsWith the exception of775s.548.008, ss.548.001-548.079 do not apply to: 776 (1) A match conducted or sponsored by a bona fide nonprofit 777 school or education program whose primary purpose is instruction 778 in the martial arts, boxing, or kickboxing, if the match held in 779 conjunction with the instruction is limited to amateur 780 participants who are students of the school or instructional 781 program; 782 (2) A match conducted or sponsored by any company or 783 detachment of the Florida National Guard, if the match is 784 limited to participants who are members of the company or 785 detachment of the Florida National Guard; or 786 (3) A match conducted or sponsored by the Fraternal Order 787 of Police, if the match is limited to amateur participants and 788 is held in conjunction with a charitable event. 789 Section 20. The provisions contained in ss. 5 and 6 of 790 chapter 2010-225, Laws of Florida, shall be effected through a 791 type two transfer of the relevant administrative rules, pursuant 792 to s. 20.06(2), Florida Statutes. 793 Section 21. Except as otherwise expressly provided in this 794 act and except for this section, which shall take effect upon 795 this act becoming a law, this act shall take effect October 1, 796 2012.