Bill Text: FL S1330 | 2010 | Regular Session | Introduced

Florida Senate Bill 1330 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Business and Professional Regulation [CPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-04-29 - Placed on Special Order Calendar; Read 2nd time -SJ 00997; Amendment(s) adopted (892916, 207236, 182920) -SJ 00997; Substituted CS/CS/CS/HB 713 -SJ 00997; Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 713 (Ch. 2010-106), CS/CS/CS/CS/HB 663 (Ch. 2010-176), CS/HB 7129 (Ch. 2010-182) -SJ 00997 [S1330 Detail]

Download: Florida-2010-S1330-Introduced.html
 
Florida Senate - 2010                                    SB 1330 
 
By Senator Fasano 
11-00783C-10                                          20101330__ 
1                        A bill to be entitled 
2         An act relating to the Department of Business and 
3         Professional Regulation; amending s. 20.165, F.S.; 
4         providing for certain professions or programs to be 
5         established within the department; creating s. 
6         49.0215, F.S.; authorizing the department to serve an 
7         administrative complaint on a licensee of the 
8         department by posting the complaint on the 
9         department’s website under certain circumstances; 
10         amending s. 50.011, F.S.; clarifying the requirements 
11         for publishing certain legal advertisements, 
12         publications, and notices in a newspaper; creating an 
13         exception to the requirements to publish such writings 
14         in a newspaper; amending s. 120.60, F.S.; authorizing 
15         the department to publish certain administrative 
16         complaints on its website in lieu of publication of a 
17         notice in a newspaper; amending s. 455.017, F.S.; 
18         clarifying that ch. 455, F.S., applies to the Division 
19         of Professions; amending s. 455.02, F.S.; providing 
20         for the issuance of temporary licenses to the spouses 
21         of members of the Armed Forces under specified 
22         conditions; amending s. 455.213, F.S.; requiring a 
23         licensee of the department to surrender his or her 
24         license to the department if the license was issued in 
25         error or is revoked; amending s. 455.217, F.S.; 
26         designating the Division of Professions as the 
27         division responsible for examinations relating to 
28         regulated professions; limiting an applicant who has 
29         failed an examination to reviewing the last 
30         examination taken by the applicant; amending s. 
31         455.2175, F.S.; prohibiting an examinee whose 
32         materials have been confiscated from taking another 
33         examination during the pendency of any criminal 
34         investigation or prosecution relating to the matter; 
35         amending s. 455.227, F.S.; authorizing the department 
36         to take disciplinary action against a licensee who 
37         pleads guilty to a crime relating to the licensee’s 
38         profession; amending s. 455.228, F.S.; redesignating a 
39         cease and desist order as a cease and desist notice; 
40         amending s. 468.8311, F.S.; redefining the term “home 
41         inspection services” to mandate the inspection of 
42         certain items; amending s. 468.8312, F.S.; eliminating 
43         the fee charged for a certificate of authorization to 
44         conduct home inspections; amending s. 468.8313, F.S.; 
45         requiring a person desiring to be licensed as a home 
46         inspector to complete an examination before applying 
47         for a license; requiring an applicant for an initial 
48         license to submit electronic fingerprints to the 
49         department for a background check and pay the costs of 
50         the background check; amending s. 468.8318, F.S.; 
51         deleting requirements for a certificate of 
52         authorization for a corporation or partnership to 
53         offer home inspection services; delaying the effective 
54         date of provisions of s. 468.8319, F.S., which require 
55         a license to conduct home inspections; amending s. 
56         468.8319, F.S.; revising prohibited acts by home 
57         inspectors and certain companies employing home 
58         inspectors or controlled by such companies; amending 
59         s. 468.832, F.S.; authorizing the department to take 
60         disciplinary action against a person for failing to 
61         meet a standard of practice adopted by rule of the 
62         department; amending s. 468.8324, F.S.; revising the 
63         requirements for persons seeking licensure as a home 
64         inspector under a grandfather clause; creating s. 
65         468.8325, F.S.; requiring the department to adopt 
66         rules to administer part XV of ch. 468, F.S.; amending 
67         s. 468.8412, F.S.; deleting the fee for the renewal of 
68         a certificate of authorization to conduct mold 
69         assessment or mold remediation services; amending s. 
70         468.8413, F.S.; requiring a person desiring to be 
71         licensed as a mold assessor or mold remediator to 
72         complete an examination before applying for a license; 
73         revising the minimum amount of education required to 
74         qualify as a mold assessor or mold remediator; 
75         amending s. 468.8414, F.S.; requiring a person seeking 
76         licensure by endorsement as a mold assessor or mold 
77         remediator to possess liability insurance; amending s. 
78         468.8418, F.S.; deleting requirements for a 
79         certificate of authorization for a corporation or 
80         partnership to offer mold assessment or mold 
81         remediation services; delaying the effective date of 
82         provisions of s. 468.8419, F.S., which require a 
83         license to conduct mold assessment or mold remediation 
84         services; amending s. 468.842, F.S.; authorizing the 
85         department to take disciplinary action against a 
86         person for failing to meet a standard of practice 
87         adopted by rule of the department; amending s. 
88         468.8421, F.S.; specifying coverage requirements for 
89         insurance that must be possessed by a mold assessor; 
90         amending s. 468.8423, F.S.; revising the requirements 
91         for persons seeking licensure as a mold assessor or 
92         mold remediator under a grandfather clause; creating 
93         468.8424, F.S.; requiring the department to adopt 
94         rules to administer part XVI of ch. 468, F.S.; 
95         amending s. 474.203, F.S.; expanding an exemption from 
96         licensure as a veterinarian to include certain interns 
97         or residents who are graduates of a school or college 
98         recognized by a specified veterinary association; 
99         amending s. 475.175, F.S.; requiring a person seeking 
100         to take an examination for licensure as a real estate 
101         broker or sales associate to submit fingerprints in a 
102         digital format to the department; amending s. 475.613, 
103         F.S.; deleting a provision excluding persons connected 
104         with real estate brokerage or mortgage lending as 
105         representatives of the general public on the Florida 
106         Real Estate Appraisal Board; amending s. 477.019, 
107         F.S.; deleting a provision that allows a person to 
108         apply for the cosmetology licensure examination while 
109         in training; amending s. 509.211, F.S.; deleting a 
110         requirement that certain rooms containing a boiler in 
111         a public lodging establishment be equipped with a 
112         carbon monoxide sensor; creating s. 548.076, F.S.; 
113         authorizing the department to issue a cease and desist 
114         notice for certain conduct to persons who are not 
115         licensed by the Florida Boxing Commission; amending s. 
116         554.108, F.S.; requiring certain rooms in a public 
117         lodging establishment which contain a boiler to be 
118         equipped with a carbon monoxide sensor; requiring 
119         inspections of such boilers to include a determination 
120         of compliance with the requirement for the carbon 
121         monoxide sensor; amending s. 561.20, F.S.; authorizing 
122         the department to issue a special beverage license to 
123         a movie theater complex that meets certain 
124         requirements; requiring food service to be available 
125         when alcoholic beverages are served; requiring a 
126         licensee to pay an annual license tax and maintain 
127         certain records for a period of time; amending s. 
128         561.17, F.S.; deleting a requirement to submit an 
129         application in duplicate to the Division of Alcoholic 
130         Beverages and Tobacco before engaging in the business 
131         of manufacturing, bottling, distributing, selling, or 
132         dealing in alcoholic beverages; reenacting ss. 
133         468.436(2)(a), 468.832(1)(a), 468.842(1)(a), 
134         471.033(1)(a), 473.323(1)(a), 475.25(1)(a), 
135         475.624(1), 476.204(1)(h), 477.029(1)(h), 
136         481.225(1)(a), and 481.325(1)(a), F.S., relating to 
137         disciplinary proceedings for community association 
138         managers, home inspectors, mold assessors, mold 
139         remediators, engineers, certified public accountants, 
140         real estate brokers and sales associates, real estate 
141         appraisers, barbers, cosmetologists, architects, and 
142         landscape architects, respectively, to incorporate the 
143         amendment made to s. 455.227, F.S., in references 
144         thereto; reenacting s. 468.8314(2), F.S., relating to 
145         the licensure of home inspectors, to incorporate the 
146         amendment made to s. 468.832, F.S., in a reference 
147         thereto; providing an effective date. 
148 
149  Be It Enacted by the Legislature of the State of Florida: 
150 
151         Section 1. Subsection (4) of section 20.165, Florida 
152  Statutes, is amended to read: 
153         20.165 Department of Business and Professional Regulation. 
154  There is created a Department of Business and Professional 
155  Regulation. 
156         (4)(a) The following boards or professions are established 
157  within the Division of Professions: 
158         1. Board of Architecture and Interior Design, created under 
159  part I of chapter 481. 
160         2. Florida Board of Auctioneers, created under part VI of 
161  chapter 468. 
162         3. Barbers’ Board, created under chapter 476. 
163         4. Florida Building Code Administrators and Inspectors 
164  Board, created under part XII of chapter 468. 
165         5. Construction Industry Licensing Board, created under 
166  part I of chapter 489. 
167         6. Board of Cosmetology, created under chapter 477. 
168         7. Electrical Contractors’ Licensing Board, created under 
169  part II of chapter 489. 
170         8. Board of Employee Leasing Companies, created under part 
171  XI of chapter 468. 
172         9. Board of Landscape Architecture, created under part II 
173  of chapter 481. 
174         10. Board of Pilot Commissioners, created under chapter 
175  310. 
176         11. Board of Professional Engineers, created under chapter 
177  471. 
178         12. Board of Professional Geologists, created under chapter 
179  492. 
180         13. Board of Veterinary Medicine, created under chapter 
181  474. 
182         14. Home inspector licensing program, created under part XV 
183  of chapter 468. 
184         15 Mold-related services licensing program, created under 
185  part XVI of chapter 468. 
186         (b) The following board and commission are established 
187  within the Division of Real Estate: 
188         1. Florida Real Estate Appraisal Board, created under part 
189  II of chapter 475. 
190         2. Florida Real Estate Commission, created under part I of 
191  chapter 475. 
192         (c) The following board is established within the Division 
193  of Certified Public Accounting: 
194         1. Board of Accountancy, created under chapter 473. 
195         Section 2. Section 49.0215, Florida Statutes, is created to 
196  read: 
197         49.0215 Constructive service of process by posting an 
198  administrative complaint on agency website.— 
199         (1) The Department of Business and Professional Regulation 
200  may serve an administrative complaint on a licensee of the 
201  agency by posting the complaint on the agency’s website in lieu 
202  of notification in a local newspaper if: 
203         (a) The licensee has a duty to provide a current address to 
204  the agency and to notify the agency of any address changes; 
205         (b)1. The agency has attempted personal service of process 
206  on the licensee at least once at the most recent address 
207  provided by the licensee; or 
208         2. The agency attempted to serve the administrative 
209  complaint by certified mail, but the complaint was returned 
210  undeliverable; and 
211         (c) A copy of the process is sent to the licensee by first 
212  class mail at the most recent address provided by the licensee 
213  to the agency. 
214         (2) An administrative complaint posted pursuant to this 
215  section must remain available on the agency’s website at least 
216  until the conclusion of the matter to which the administrative 
217  complaint relates. 
218         Section 3. Section 50.011, Florida Statutes, is amended to 
219  read: 
220         50.011 Where and in what language legal notices must to be 
221  published.— 
222         (1) An official or legal advertisement, publication, or 
223  notice required or authorized by law, in lieu of personal 
224  service of process or for the purpose of Whenever by statute an 
225  official or legal advertisement or a publication, or notice in a 
226  newspaper has been or is directed or permitted in the nature of 
227  or in lieu of process, or for constructive service, or in 
228  initiating, assuming, reviewing, exercising, or enforcing 
229  jurisdiction or power, or for any other purpose must be 
230  published, including all legal notices and advertisements of 
231  sheriffs and tax collectors, the contemporaneous and continuous 
232  intent and meaning of such legislation all and singular, 
233  existing or repealed, is and has been and is hereby declared to 
234  be and to have been, and the rule of interpretation is and has 
235  been, a publication in a newspaper that: 
236         (a) Is printed and published periodically at least once a 
237  week; or oftener, containing 
238         (b) Contains at least 25 percent of its words in the 
239  English language;, 
240         (c) Is entered or qualified to be admitted and entered as 
241  periodicals matter at a post office in the county where 
242  published;, 
243         (d) Is for sale to the public generally; and, 
244         (e) Is available to the public generally for the 
245  publication of official or other notices, and customarily 
246  contains containing information of a public character or of 
247  interest or of value to the residents or owners of property in 
248  the county where published, or of interest or of value to the 
249  general public. 
250         (2) This section does not apply to an administrative 
251  complaint that is published on the website of the Department of 
252  Business and Professional Regulation pursuant to s. 49.0215. 
253         Section 4. Subsection (5) of section 120.60, Florida 
254  Statutes, is amended to read: 
255         120.60 Licensing.— 
256         (5)(a) No revocation, suspension, annulment, or withdrawal 
257  of any license is lawful unless, prior to the entry of a final 
258  order, the agency has served, by personal service or certified 
259  mail, an administrative complaint that which affords reasonable 
260  notice to the licensee of facts or conduct that which warrant 
261  the intended action and unless the licensee has been given an 
262  adequate opportunity to request a proceeding pursuant to ss. 
263  120.569 and 120.57. 
264         (b) If When personal service cannot be made and the 
265  certified mail notice is returned undelivered, the agency shall 
266  cause a short, plain notice to the licensee to be published once 
267  each week for 4 consecutive weeks in a newspaper published in 
268  the county of the licensee’s last known address as it appears on 
269  the records of the agency. If a no newspaper is not published in 
270  that county, the notice may be published in a newspaper of 
271  general circulation in that county. If the address is in some 
272  state other than this state or in a foreign territory or 
273  country, the notice may be published in Leon County. However, 
274  the Department of Business and Professional Regulation may post 
275  an administrative complaint on the agency’s website pursuant to 
276  s. 49.0215 in lieu of publication of notice in a newspaper. 
277         Section 5. Section 455.017, Florida Statutes, is amended to 
278  read: 
279         455.017� Applicability of this chapter.—The provisions of 
280  this chapter apply only to the regulation by the Division 
281  department of Professions. 
282         Section 6. Section 455.02, Florida Statutes, is amended to 
283  read: 
284         455.02 Licensure of members of Armed Forces in good 
285  standing with administrative boards and their spouses.— 
286         (1) Any member of the Armed Forces of the United States now 
287  or hereafter on active duty who, at the time of becoming such a 
288  member, was in good standing with any administrative board of 
289  the state and was entitled to practice or engage in his or her 
290  profession or vocation in the state shall be kept in good 
291  standing by such administrative board, without registering, 
292  paying dues or fees, or performing any other act on his or her 
293  part to be performed, as long as he or she is a member of the 
294  Armed Forces of the United States on active duty and for a 
295  period of 6 months after discharge from active duty as a member 
296  of the Armed Forces of the United States, provided he or she is 
297  not engaged in his or her licensed profession or vocation in the 
298  private sector for profit. 
299         (2) The boards listed in s. 20.165 shall adopt promulgate 
300  rules exempting the spouses of members of the Armed Forces of 
301  the United States from licensure renewal provisions, but only in 
302  cases of absence from the state because of their spouses’ duties 
303  with the Armed Forces. 
304         (3)(a) The department may issue a temporary professional 
305  license to the spouse of an active duty member of the Armed 
306  Forces of the United States if the spouse submits an application 
307  to the department providing: 
308         1. Proof that the servicemember has been assigned to a duty 
309  station in Florida pursuant official active duty military 
310  orders; 
311         2. Proof of marriage to the servicemember; 
312         3. Proof that the spouse holds a similar license in another 
313  state or country and that the license is in good standing; and 
314         4. A completed set of fingerprints in the form and manner 
315  required by the department. 
316         (b) The department shall submit the applicant’s 
317  fingerprints to the Department of Law Enforcement for state 
318  processing, and the Department of Law Enforcement shall forward 
319  them to the Federal Bureau of Investigation for a level 2 
320  background check pursuant to s. 435.04. The department shall and 
321  the board may review the background results to determine if the 
322  spouse of an active duty member of the Armed Forces of the 
323  United States meets licensure requirements. The cost for the 
324  fingerprint processing shall be borne by the applicant. These 
325  fees shall be collected by the authorized agencies or vendors. 
326  The authorized agencies or vendors shall pay the processing 
327  costs to the Department of Law Enforcement. 
328         (c) A temporary license expires 6 months after the date 
329  issued and is not renewable. 
330         (d) The department may charge a fee sufficient to cover the 
331  cost of issuing the temporary license. 
332         Section 7. Subsection (2) of section 455.213, Florida 
333  Statutes, is amended to read: 
334         455.213 General licensing provisions.— 
335         (2) Before the issuance of a any license, the department 
336  may charge an initial license fee as determined by rule of the 
337  applicable board or, if no such board exists, by rule of the 
338  department. Upon receipt of the appropriate license fee, except 
339  as provided in subsection (3), the department shall issue a 
340  license to any person certified by the appropriate board, or its 
341  designee, or the department when there is no board, as having 
342  met the applicable requirements imposed by law or rule. However, 
343  an applicant who is not otherwise qualified for licensure is not 
344  entitled to licensure solely based on a passing score on a 
345  required examination. A licensee shall surrender his or her 
346  license to the department if the applicable board, or the 
347  department when there is no board, revokes the license or 
348  determines that the license was issued in error. 
349         Section 8. Subsections (1) and (3) of section 455.217, 
350  Florida Statutes, are amended to read: 
351         455.217 Examinations.—This section shall be read in 
352  conjunction with the appropriate practice act associated with 
353  each regulated profession under this chapter. 
354         (1) The Division of Professions Service Operations of the 
355  Department of Business and Professional Regulation shall 
356  provide, contract, or approve services for the development, 
357  preparation, administration, scoring, score reporting, and 
358  evaluation of all examinations. The division shall seek the 
359  advice of the appropriate board in providing such services. 
360         (a) The department, acting in conjunction with the Division 
361  of Service Operations, the Division of Professions, and the 
362  Division of Real Estate, as appropriate, shall ensure that 
363  examinations adequately and reliably measure an applicant’s 
364  ability to practice the profession regulated by the department. 
365  After an examination developed or approved by the department has 
366  been administered, the board or department may reject any 
367  question that which does not reliably measure the general areas 
368  of competency specified in the rules of the board or department, 
369  when there is no board. The department shall use qualified 
370  outside testing vendors for the development, preparation, and 
371  evaluation of examinations if, when such services are 
372  economically and viably available and approved by the 
373  department. 
374         (b) For each examination developed by the department or 
375  contracted vendor, to the extent not otherwise specified by 
376  statute, the board or the department when there is no board, 
377  shall by rule specify the general areas of competency to be 
378  covered by the examination, the relative weight to be assigned 
379  in grading each area tested, the score necessary to achieve a 
380  passing grade, and the fees, if where applicable, to cover the 
381  actual cost for any purchase, development, and administration of 
382  the required examination. However, statutory fee caps in each 
383  practice act shall apply. This subsection does not apply to 
384  national examinations approved and administered pursuant to 
385  paragraph (d). 
386         (c) If a practical examination is deemed to be necessary, 
387  rules shall specify the criteria by which examiners are to be 
388  selected, the grading criteria to be used by the examiner, the 
389  relative weight to be assigned in grading each criterion, and 
390  the score necessary to achieve a passing grade. If When a 
391  mandatory standardization exercise for a practical examination 
392  is required by law, the board may conduct such exercise. 
393  Therefore, board members may serve as examiners at a practical 
394  examination with the consent of the board. 
395         (d) A board, or the department when there is no board, may 
396  approve by rule the use of any national examination which the 
397  department has certified as meeting requirements of national 
398  examinations and generally accepted testing standards pursuant 
399  to department rules. Providers of examinations, which may be 
400  either profit or nonprofit entities, seeking certification by 
401  the department shall pay the actual costs incurred by the 
402  department in making a determination regarding the 
403  certification. The department shall use any national examination 
404  which is available, certified by the department, and approved by 
405  the board. The name and number of a candidate may be provided to 
406  a national contractor for the limited purpose of preparing the 
407  grade tape and information to be returned to the board or 
408  department or, to the extent otherwise specified by rule, the 
409  candidate may apply directly to the vendor of the national 
410  examination. The department may delegate to the board the duty 
411  to provide and administer the examination. Any national 
412  examination approved by a board, or the department when there is 
413  no board, prior to October 1, 1997, is deemed certified under 
414  this paragraph. Any licensing or certification examination that 
415  is not developed or administered by the department in-house or 
416  provided as a national examination shall be competitively bid. 
417         (e) The department shall adopt rules regarding the security 
418  and monitoring of examinations. In order to maintain the 
419  security of examinations, the department may employ the 
420  procedures set forth in s. 455.228 to seek fines and injunctive 
421  relief against an examinee who violates the provisions of s. 
422  455.2175 or the rules adopted pursuant to this paragraph. The 
423  department, or any agent thereof, may, for the purposes of 
424  investigation, confiscate any written, photographic, or 
425  recording material or device in the possession of the examinee 
426  at the examination site which the department deems necessary to 
427  enforce such provisions or rules. 
428         (f) If the professional board with jurisdiction over an 
429  examination concurs, the department may, for a fee, share with 
430  any other state’s licensing authority an examination developed 
431  by or for the department unless prohibited by a contract entered 
432  into by the department for development or purchase of the 
433  examination. The department, with the concurrence of the 
434  appropriate board, shall establish guidelines that ensure 
435  security of a shared exam and shall require that any other 
436  state’s licensing authority comply with those guidelines. Those 
437  guidelines shall be approved by the appropriate professional 
438  board. All fees paid by the user shall be applied to the 
439  department’s examination and development program for professions 
440  regulated by this chapter. All fees paid by the user for 
441  professions not regulated by this chapter shall be applied to 
442  offset the fees for the development and administration of that 
443  profession’s examination. If both a written and a practical 
444  examination are given, an applicant shall be required to retake 
445  only the portion of the examination for which he or she failed 
446  to achieve a passing grade, if he or she successfully passes 
447  that portion within a reasonable time of his or her passing the 
448  other portion. 
449         (3) Except for national examinations approved and 
450  administered pursuant to paragraph (1)(d), the department shall 
451  provide procedures for applicants who have taken and failed an 
452  examination developed by the department or a contracted vendor 
453  to review the their examination questions, answers, papers, 
454  grades, and grading key for the questions the candidate answered 
455  incorrectly on his or her last examination or, if not feasible, 
456  the parts of the examination failed. Applicants shall bear the 
457  actual cost for the department to provide examination review 
458  pursuant to this subsection. An applicant may waive in writing 
459  the confidentiality of his or her examination grades. 
460         Section 9. Section 455.2175, Florida Statutes, is amended 
461  to read: 
462         455.2175 Penalty for theft or reproduction of an 
463  examination.—In addition to, or in lieu of, any other discipline 
464  imposed pursuant to s. 455.227, the theft of an examination in 
465  whole or in part or the act of reproducing or copying any 
466  examination administered by the department, whether such 
467  examination is reproduced or copied in part or in whole and by 
468  any means, constitutes a felony of the third degree, punishable 
469  as provided in s. 775.082, s. 775.083, or s. 775.084. An 
470  examinee whose examination materials have been confiscated upon 
471  suspicion of a violation of this section may not participate in 
472  another examination during the pendency of any criminal 
473  investigation or prosecution relating to the matter. 
474         Section 10. Paragraph (c) of subsection (1) of section 
475  455.227, Florida Statutes, is amended to read: 
476         455.227 Grounds for discipline; penalties; enforcement.— 
477         (1) The following acts shall constitute grounds for which 
478  the disciplinary actions specified in subsection (2) may be 
479  taken: 
480         (c) Being convicted or found guilty of, or entering a plea 
481  of nolo contendere or guilty to, regardless of adjudication, a 
482  crime in any jurisdiction which relates to the practice of, or 
483  the ability to practice, a licensee’s profession. 
484         Section 11. Subsection (1) of section 455.228, Florida 
485  Statutes, is amended to read: 
486         455.228 Unlicensed practice of a profession; cease and 
487  desist notice; civil penalty; enforcement; citations; allocation 
488  of moneys collected.— 
489         (1) When the department has probable cause to believe that 
490  a any person not licensed by the department, or the appropriate 
491  regulatory board within the department, has violated any 
492  provision of this chapter or any statute that relates to the 
493  practice of a profession regulated by the department, or any 
494  rule adopted pursuant thereto, the department may issue and 
495  deliver to such person a notice to cease and desist from such 
496  violation. In addition, the department may issue and deliver a 
497  notice to cease and desist to any person who aids and abets the 
498  unlicensed practice of a profession by employing such unlicensed 
499  person. The issuance of a notice to cease and desist does shall 
500  not constitute agency action for which a hearing under ss. 
501  120.569 and 120.57 may be sought. For the purpose of enforcing a 
502  cease and desist notice order, the department may file a 
503  proceeding in the name of the state seeking issuance of an 
504  injunction or a writ of mandamus against any person who violates 
505  any provisions of such notice order. In addition to the 
506  foregoing remedies, the department may impose an administrative 
507  penalty not to exceed $5,000 per incident pursuant to the 
508  provisions of chapter 120 or may issue a citation pursuant to 
509  the provisions of subsection (3). If the department is required 
510  to seek enforcement of the order for a penalty pursuant to s. 
511  120.569, it is shall be entitled to collect its attorney’s fees 
512  and costs, together with any cost of collection. 
513         Section 12. Subsection (4) of section 468.8311, Florida 
514  Statutes, is amended to read: 
515         468.8311 Definitions.—As used in this part, the term: 
516         (4) “Home inspection services” means a limited visual 
517  examination of one or more of the following readily accessible 
518  installed systems and components of a home: the structure, 
519  electrical system, HVAC system, roof covering, plumbing system, 
520  interior components, exterior components, and site conditions 
521  that affect the structure, for the purposes of providing a 
522  written professional opinion of the condition of the home. 
523         Section 13. Subsections (4), (5), (6), (7), and (8) of 
524  section 468.8312, Florida Statutes, are amended to read: 
525         468.8312 Fees.— 
526         (4) The fee for a certificate of authorization shall not 
527  exceed $125. 
528         (4)(5) The biennial renewal fee shall not exceed $200. 
529         (5)(6) The fee for licensure by endorsement shall not 
530  exceed $200. 
531         (6)(7) The fee for application for inactive status or for 
532  reactivation of an inactive license shall not exceed $200. 
533         (7)(8) The fee for applications from providers of 
534  continuing education may not exceed $500. 
535         Section 14. Section 468.8313, Florida Statutes, is amended 
536  to read: 
537         468.8313 Examinations.— 
538         (1) A person desiring to be licensed as a home inspector 
539  shall apply to the department after satisfying the examination 
540  requirements of this part to take a licensure examination. 
541         (2) An applicant shall be entitled to take the licensure 
542  examination for the purpose of determining whether he or she is 
543  qualified to practice in this state as a home inspector if the 
544  applicant has passed the required examination, is of good moral 
545  character, and has completed a course of study of at least no 
546  less than 120 hours which that covers all of the following 
547  components of a home: structure, electrical system, HVAC system, 
548  roof covering, plumbing system, interior components, exterior 
549  components, and site conditions that affect the structure. 
550         (3) The department shall review and approve courses of 
551  study in home inspection. 
552         (4) The department may review and approve examinations by a 
553  nationally recognized entity that offers programs or sets 
554  standards that ensure competence as a home inspector. 
555         (5)(a) “Good moral character” means a personal history of 
556  honesty, fairness, and respect for the rights of others and for 
557  the laws of this state and nation. 
558         (b) The department may refuse to certify an applicant for 
559  failure to satisfy this requirement only if: 
560         1. There is a substantial connection between the lack of 
561  good moral character of the applicant and the professional 
562  responsibilities of a licensed home inspector; and 
563         2. The finding by the department of lack of good moral 
564  character is supported by clear and convincing evidence. 
565         (c) When an applicant is found to be unqualified for a 
566  license because of lack of good moral character, the department 
567  shall furnish the applicant a statement containing the findings 
568  of the department, a complete record of the evidence upon which 
569  the determination was based, and a notice of the rights of the 
570  applicant to a rehearing and appeal. 
571         (6) An applicant for an initial license shall submit, along 
572  with the application, a complete set of electronic fingerprints 
573  in a form and manner required by the department. The 
574  fingerprints shall be submitted to the Department of Law 
575  Enforcement for state processing, and the Department of Law 
576  Enforcement shall forward them to the Federal Bureau of 
577  Investigation for a level 2 background check pursuant to s. 
578  435.04. The department shall review the background results to 
579  determine if an applicant meets the requirements for licensure. 
580  The cost of the fingerprint processing shall be borne by the 
581  applicant. These fees shall be collected by the authorized 
582  agencies or vendors. The authorized agencies or vendors shall 
583  pay the processing costs to the Department of Law Enforcement. 
584         (7)(6) The department may adopt rules pursuant to ss. 
585  120.536(1) and 120.54 to implement the provisions of this 
586  section. 
587         Section 15. Section 468.8318, Florida Statutes, is amended 
588  to read: 
589         468.8318 Certification of corporations and partnerships.— 
590         (1) The department shall issue a certificate of 
591  authorization to a corporation or partnership offering home 
592  inspection services to the public if the corporation or 
593  partnership satisfies all of the requirements of this part. 
594         (2) The practice of or the offer to practice home 
595  inspection services by licensees through a corporation or 
596  partnership offering home inspection services to the public, or 
597  by a corporation or partnership offering such services to the 
598  public through licensees under this part as agents, employees, 
599  officers, or partners, is permitted subject to the provisions of 
600  this part, provided that all personnel of the corporation or 
601  partnership who act in its behalf as home inspectors in this 
602  state are licensed as provided by this part; and further 
603  provided that the corporation or partnership has been issued a 
604  certificate of authorization by the department as provided in 
605  this section. Nothing in this section shall be construed to 
606  allow a corporation to hold a license to practice home 
607  inspection services. No corporation or partnership shall be 
608  relieved of responsibility for the conduct or acts of its 
609  agents, employees, or officers by reason of its compliance with 
610  this section, nor shall any individual practicing home 
611  inspection services be relieved of responsibility for 
612  professional services performed by reason of his or her 
613  employment or relationship with a corporation or partnership. 
614         (3) For the purposes of this section, a certificate of 
615  authorization shall be required for a corporation, partnership, 
616  association, or person practicing under a fictitious name and 
617  offering home inspection services to the public; however, when 
618  an individual is practicing home inspection services in his or 
619  her own given name, he or she shall not be required to register 
620  under this section. 
621         (4) Each certificate of authorization shall be renewed 
622  every 2 years. Each partnership and corporation certified under 
623  this section shall notify the department within 1 month of any 
624  change in the information contained in the application upon 
625  which the certification is based. 
626         (5) Disciplinary action against a corporation or 
627  partnership shall be administered in the same manner and on the 
628  same grounds as disciplinary action against a licensed home 
629  inspector. 
630         Section 16. Notwithstanding section 4 of chapter 2007-235, 
631  Laws of Florida, paragraphs (a) and (b) of subsection (1) of 
632  section 468.8319, Florida Statutes, shall take effect July 1, 
633  2011. 
634         Section 17. Section 468.8319, Florida Statutes, is amended 
635  to read: 
636         468.8319 Prohibitions; penalties.— 
637         (1) A home inspector, a company that employs a home 
638  inspector, or a company that is controlled by a company that 
639  also has a financial interest in a company employing a home 
640  inspector may not: 
641         (a) Practice or offer to practice home inspection services 
642  unless the person has complied with the provisions of this part; 
643         (b) Use the name or title “certified home inspector,” 
644  “registered home inspector,” “licensed home inspector,” “home 
645  inspector,” “professional home inspector,” or any combination 
646  thereof unless the person has complied with the provisions of 
647  this part; 
648         (c) Present as his or her own the license of another; 
649         (d) Knowingly give false or forged evidence to the 
650  department or an employee thereof; 
651         (e) Use or attempt to use a license that has been suspended 
652  or revoked; 
653         (f) Perform or offer to perform, prior to closing, for any 
654  additional fee, any repairs to a home on which the inspector or 
655  the inspector’s company has prepared a home inspection report. 
656  This paragraph does not apply to a home warranty company that is 
657  affiliated with or retains a home inspector to perform repairs 
658  pursuant to a claim made under a home warranty contract; 
659         (g) Inspect for a fee any property in which the inspector 
660  or the inspector’s company has any financial or transfer 
661  interest; 
662         (h) Offer or deliver any compensation, inducement, or 
663  reward to any broker or agent therefor for the referral of the 
664  owner of the inspected property to the inspector or the 
665  inspection company; or 
666         (i) Accept an engagement to make an omission or prepare a 
667  report in which the inspection itself, or the fee payable for 
668  the inspection, is contingent upon either the conclusions in the 
669  report, preestablished findings, or the close of escrow. 
670         (2) Any person who is found to be in violation of any 
671  provision of this section commits a misdemeanor of the first 
672  degree, punishable as provided in s. 775.082 or s. 775.083. 
673         Section 18. Subsection (1) of section 468.832, Florida 
674  Statutes, is amended to read: 
675         468.832 Disciplinary proceedings.— 
676         (1) The following acts constitute grounds for which the 
677  disciplinary actions in subsection (2) may be taken: 
678         (a) Violation of any provision of this part or s. 
679  455.227(1).; 
680         (b) Attempting to procure a license to practice home 
681  inspection services by bribery or fraudulent misrepresentation.; 
682         (c) Having a license to practice home inspection services 
683  revoked, suspended, or otherwise acted against, including the 
684  denial of licensure, by the licensing authority of another 
685  state, territory, or country.; 
686         (d) Being convicted or found guilty of, or entering a plea 
687  of nolo contendere to, regardless of adjudication, a crime in 
688  any jurisdiction that directly relates to the practice of home 
689  inspection services or the ability to practice home inspection 
690  services.; 
691         (e) Making or filing a report or record that the licensee 
692  knows to be false, willfully failing to file a report or record 
693  required by state or federal law, willfully impeding or 
694  obstructing such filing, or inducing another person to impede or 
695  obstruct such filing. Such reports or records shall include only 
696  those that are signed in the capacity of a licensed home 
697  inspector.; 
698         (f) Advertising goods or services in a manner that is 
699  fraudulent, false, deceptive, or misleading in form or content.; 
700         (g) Engaging in fraud or deceit, or negligence, 
701  incompetency, or misconduct, in the practice of home inspection 
702  services.; 
703         (h) Failing to perform any statutory or legal obligation 
704  placed upon a licensed home inspector; violating any provision 
705  of this chapter, a rule of the department, or a lawful order of 
706  the department previously entered in a disciplinary hearing; or 
707  failing to comply with a lawfully issued subpoena of the 
708  department.; or 
709         (i) Practicing on a revoked, suspended, inactive, or 
710  delinquent license. 
711         (j) Failing to meet any standard of practice adopted by 
712  rule of the department. 
713         Section 19. Section 468.8324, Florida Statutes, is amended 
714  to read: 
715         468.8324 Grandfather clause.—A person who performs home 
716  inspection services as defined in this part may qualify to be 
717  licensed by the department as a home inspector if the person 
718  submits an application to the department postmarked no later 
719  than March 1, 2011, showing that the applicant: 
720         (1)(a) Has been certified as a home inspector by a state or 
721  national association that required successful completion of a 
722  proctored examination on home inspection, as defined in this 
723  part for certification, and has completed at least 14 hours of 
724  verifiable education on home inspection; or 
725         (b) Has at least 3 years’ experience as a home inspector at 
726  the time of application and has completed 14 hours of verifiable 
727  education on home inspection. Applicants must provide 120 home 
728  inspection reports based on home inspections, as defined by this 
729  part, to establish the 3 years of experience required by this 
730  subsection. The department may conduct investigations regarding 
731  the validity of home inspection reports submitted pursuant to 
732  this section and take disciplinary action pursuant to s. 468.832 
733  for the filing of false reports; and 
734         (2)(a) Has not, within 5 years following the date of 
735  application, had a home inspector license, or a license in a 
736  related field, revoked, suspended, or assessed a fine in excess 
737  of $500. For purposes of this part, a license in a related field 
738  includes, but is not limited to, licensure in real estate, 
739  construction, mold remediation, mold assessment, or building 
740  code administration or inspection; 
741         (b) Submits to and is not disqualified by the results of 
742  the criminal background check under s. 468.8313; 
743         (c) Is of good moral character as defined in s. 468.8313; 
744  and 
745         (d) Has the general liability insurance required by s. 
746  468.8322 meets the licensure requirements of this part by July 
747  1, 2010. 
748         Section 20. Section 468.8325, Florida Statutes, is created 
749  to read: 
750         468.8325 Rulemaking authority.—The department shall adopt 
751  rules to administer this part. 
752         Section 21. Subsections (6), (7), (8), (9), and (10) of 
753  section 468.8412, Florida Statutes, are amended to read: 
754         468.8412 Fees.— 
755         (6) The fee for a biennial certificate of authorization 
756  renewal shall not exceed $400. 
757         (6)(7) The fee for licensure by endorsement shall not 
758  exceed $200. 
759         (7)(8) The fee for application for inactive status shall 
760  not exceed $100. 
761         (8)(9) The fee for reactivation of an inactive license 
762  shall not exceed $200. 
763         (9)(10) The fee for applications from providers of 
764  continuing education may not exceed $500. 
765         Section 22. Subsections (1) and (2) of section 468.8413, 
766  Florida Statutes, are amended to read: 
767         468.8413 Examinations.— 
768         (1) A person desiring to be licensed as a mold assessor or 
769  mold remediator shall apply to the department after satisfying 
770  the examination requirements of this part to take a licensure 
771  examination. 
772         (2) An applicant is qualified shall be entitled to take the 
773  licensure examination to practice in this state as a mold 
774  assessor or mold remediator if the applicant has passed the 
775  required examination, is of good moral character, and has 
776  satisfied one of the following requirements: 
777         (a)1. For a mold remediator, at least an associate of arts 
778  a 2-year degree or an equivalent degree and the completion of at 
779  least 30 semester hours in microbiology, engineering, 
780  architecture, industrial hygiene, occupational safety, or a 
781  related field of science from an accredited institution and a 
782  minimum of 1 year of documented field experience in a field 
783  related to mold remediation; or 
784         2. A high school diploma or the equivalent with a minimum 
785  of 4 years of documented field experience in a field related to 
786  mold remediation. 
787         (b)1. For a mold assessor, at least an associate of arts a 
788  2-year degree or an equivalent degree and the completion of at 
789  least 30 semester hours in microbiology, engineering, 
790  architecture, industrial hygiene, occupational safety, or a 
791  related field of science from an accredited institution and a 
792  minimum of 1 year of documented field experience in conducting 
793  microbial sampling or investigations; or 
794         2. A high school diploma or the equivalent with a minimum 
795  of 4 years of documented field experience in conducting 
796  microbial sampling or investigations. 
797         Section 23. Subsection (3) of section 468.8414, Florida 
798  Statutes, is amended to read: 
799         468.8414 Licensure.— 
800         (3) The department shall certify as qualified for a license 
801  by endorsement an applicant who: 
802         (a) Is of good moral character; 
803         (b) Possesses the liability insurance required by s. 
804  468.8421; and: 
805         (c)1.(a) Is qualified to take the examination as set forth 
806  in s. 468.8413 and has passed a certification examination 
807  offered by a nationally recognized organization that certifies 
808  persons in the specialty of mold assessment or mold remediation 
809  that has been approved by the department as substantially 
810  equivalent to the requirements of this part and s. 455.217; or 
811         2.(b) Holds a valid license to practice mold assessment or 
812  mold remediation issued by another state or territory of the 
813  United States if the criteria for issuance of the license were 
814  substantially the same as the licensure criteria that is 
815  established by this part as determined by the department. 
816         Section 24. Section 468.8418, Florida Statutes, is amended 
817  to read: 
818         468.8418 Certification of partnerships and corporations.— 
819         (1) The department shall issue a certificate of 
820  authorization to a corporation or partnership offering mold 
821  assessment or mold remediation services to the public if the 
822  corporation or partnership satisfies all of the requirements of 
823  this part. 
824         (2) The practice of or the offer to practice mold 
825  assessment or mold remediation by licensees through a 
826  corporation or partnership offering mold assessment or mold 
827  remediation to the public, or by a corporation or partnership 
828  offering such services to the public through licensees under 
829  this part as agents, employees, officers, or partners, is 
830  permitted subject to the provisions of this part, provided that 
831  the corporation or partnership has been issued a certificate of 
832  authorization by the department as provided in this section. 
833  Nothing in this section shall be construed to allow a 
834  corporation to hold a license to practice mold assessment or 
835  mold remediation. No corporation or partnership shall be 
836  relieved of responsibility for the conduct or acts of its 
837  agents, employees, or officers by reason of its compliance with 
838  this section, nor shall any individual practicing mold 
839  assessment or mold remediation be relieved of responsibility for 
840  professional services performed by reason of his or her 
841  employment or relationship with a corporation or partnership. 
842         (3) For the purposes of this section, a certificate of 
843  authorization shall be required for a corporation, partnership, 
844  association, or person practicing under a fictitious name, 
845  offering mold assessment or mold remediation; however, when an 
846  individual is practicing mold assessment or mold remediation 
847  under his or her own given name, he or she shall not be required 
848  to register under this section. 
849         (4) Each certificate of authorization shall be renewed 
850  every 2 years. Each partnership and corporation certified under 
851  this section shall notify the department within 1 month of any 
852  change in the information contained in the application upon 
853  which the certification is based. 
854         (5) Disciplinary action against a corporation or 
855  partnership shall be administered in the same manner and on the 
856  same grounds as disciplinary action against a licensed mold 
857  assessor or mold remediator. 
858         Section 25. Notwithstanding section 4 of chapter 2007-235, 
859  Laws of Florida, paragraphs (a) and (b) of subsection (1) of 
860  section 468.8419, Florida Statutes, shall take effect July 1, 
861  2011. 
862         Section 26. Subsection (1) of section 468.842, Florida 
863  Statutes, is amended to read: 
864         468.842 Disciplinary proceedings.— 
865         (1) The following acts constitute grounds for which the 
866  disciplinary actions in subsection (2) may be taken: 
867         (a) Violation of any provision of this part or s. 
868  455.227(1).; 
869         (b) Attempting to procure a license to practice mold 
870  assessment or mold remediation by bribery or fraudulent 
871  misrepresentations.; 
872         (c) Having a license to practice mold assessment or mold 
873  remediation revoked, suspended, or otherwise acted against, 
874  including the denial of licensure, by the licensing authority of 
875  another state, territory, or country.; 
876         (d) Being convicted or found guilty of, or entering a plea 
877  of nolo contendere to, regardless of adjudication, a crime in 
878  any jurisdiction that directly relates to the practice of mold 
879  assessment or mold remediation or the ability to practice mold 
880  assessment or mold remediation.; 
881         (e) Making or filing a report or record that the licensee 
882  knows to be false, willfully failing to file a report or record 
883  required by state or federal law, willfully impeding or 
884  obstructing such filing, or inducing another person to impede or 
885  obstruct such filing. Such reports or records shall include only 
886  those that are signed in the capacity of a registered mold 
887  assessor or mold remediator.; 
888         (f) Advertising goods or services in a manner that is 
889  fraudulent, false, deceptive, or misleading in form or content.; 
890         (g) Engaging in fraud or deceit, or negligence, 
891  incompetency, or misconduct, in the practice of mold assessment 
892  or mold remediation.; 
893         (h) Failing to perform any statutory or legal obligation 
894  placed upon a licensed mold assessor or mold remediator; 
895  violating any provision of this chapter, a rule of the 
896  department, or a lawful order of the department previously 
897  entered in a disciplinary hearing; or failing to comply with a 
898  lawfully issued subpoena of the department.; or 
899         (i) Practicing on a revoked, suspended, inactive, or 
900  delinquent license. 
901         (j) Failing to meet a standard of practice adopted by rule 
902  of the department. 
903         Section 27. Section 468.8421, Florida Statutes, is amended 
904  to read: 
905         468.8421 Insurance.— 
906         (1) A mold assessor shall maintain general liability and 
907  errors and omissions insurance coverage in an amount of not less 
908  than $1,000,000. The insurance must cover preliminary and 
909  postremediation activities. 
910         (2) A mold remediator shall maintain a general liability 
911  insurance policy in an amount of not less than $1,000,000 that 
912  includes specific coverage for mold-related claims. 
913         Section 28. Section 468.8423, Florida Statutes, is amended 
914  to read: 
915         468.8423 Grandfather clause.—A person who performs mold 
916  assessment or mold remediation as defined in this part may 
917  qualify to be licensed by the department as a mold assessor or 
918  mold remediator if the person submits an application to the 
919  department postmarked no later than March 1, 2011, showing that 
920  the applicant: 
921         (1) Has been certified as a mold assessor or mold 
922  remediator by a state or national association that required 
923  successful completion of a proctored examination for 
924  certification and has completed at least 60 hours of education 
925  for an assessor and 30 hours of education for a remediator; or 
926         (2) Has at least 3 years’ experience as a mold assessor or 
927  mold remediator at the time of application. Applicants must 
928  provide 40 invoices for mold assessments or mold remediations, 
929  as defined by this part, to establish the 3 years of experience 
930  required by this subsection. The department may conduct 
931  investigations regarding the validity of invoices for mold 
932  assessments or mold remediations submitted pursuant to this 
933  section and take disciplinary action pursuant to s. 468.842 for 
934  submitting false information; and 
935         (3)(a) Has not, within 5 years following the date of 
936  application, had a mold assessor or mold remediator, or a 
937  license in a related field, revoked, suspended, or assessed a 
938  fine in excess of $500. For purposes of this part, a license in 
939  a related field includes, but is not limited to, licensure in 
940  real estate, construction, home inspection, building code 
941  administration or inspection, or indoor air quality; and 
942         (b) Is of good moral character as defined in s. 468.8413; 
943  and 
944         (c) Has the general liability insurance required by s. 
945  468.8421 meets the licensure requirements of this part by July 
946  1, 2010. 
947         Section 29. Section 468.8424, Florida Statutes, is created 
948  to read: 
949         468.8424 Rulemaking authority.—The department shall adopt 
950  rules to administer this part. 
951         Section 30. Subsection (2) of section 474.203, Florida 
952  Statutes, is amended to read: 
953         474.203 Exemptions.—This chapter shall not apply to: 
954         (2) A person practicing as an intern or resident 
955  veterinarian who does not hold a valid license issued under this 
956  chapter and who is a graduate in training at a school or college 
957  of veterinary medicine located in this state and accredited by 
958  the American Veterinary Medical Association Council on Education 
959  or a school or college recognized by the American Veterinary 
960  Medical Association Commission for Foreign Veterinary Graduates. 
961  Such intern or resident must be a graduate of a school or 
962  college of veterinary medicine accredited by the American 
963  Veterinary Medical Association Council on Education or a school 
964  or college recognized by the American Veterinary Medical 
965  Association Commission for Foreign Veterinary Graduates. This 
966  exemption expires when such intern or resident completes or is 
967  terminated from such training. Each school or college at which 
968  such intern or resident is in training shall, on July 1 of each 
969  year, provide the board with a written list of all such interns 
970  or residents designated for this exemption, and the school or 
971  college shall also notify the board of any additions or 
972  deletions to the list. For the purposes of chapters 465 and 893, 
973  persons exempt pursuant to subsection (1), this subsection (2), 
974  or subsection (4) are deemed to be duly licensed practitioners 
975  authorized by the laws of this state to prescribe drugs or 
976  medicinal supplies. 
977         Section 31. Paragraph (a) of subsection (1) of section 
978  475.175, Florida Statutes, is amended to read: 
979         475.175 Examinations.— 
980         (1) A person shall be entitled to take the license 
981  examination to practice in this state if the person: 
982         (a) Submits to the department the appropriate 
983  electronically authenticated application and fee, and digital a 
984  fingerprint data card. The digital fingerprints fingerprint card 
985  shall be forwarded to the Division of Criminal Justice 
986  Information Systems within the Department of Law Enforcement for 
987  purposes of processing the fingerprint card to determine if the 
988  applicant has a criminal history record. The fingerprints 
989  fingerprint card shall also be forwarded to the Federal Bureau 
990  of Investigation for purposes of processing the fingerprint card 
991  to determine whether if the applicant has a criminal history 
992  record. The information obtained by the processing of the 
993  fingerprints fingerprint card by the Florida Department of Law 
994  Enforcement and the Federal Bureau of Investigation shall be 
995  sent to the department for the purpose of determining if the 
996  applicant is statutorily qualified for examination. Effective 
997  July 1, 2006, an applicant shall provide fingerprints in 
998  electronic format. 
999         Section 32. Subsection (1) of section 475.613, Florida 
1000  Statutes, is amended to read: 
1001         475.613 Florida Real Estate Appraisal Board.— 
1002         (1) There is created the Florida Real Estate Appraisal 
1003  Board, which shall consist of seven members appointed by the 
1004  Governor, subject to confirmation by the Senate. Four members of 
1005  the board must be real estate appraisers who have been engaged 
1006  in the general practice of appraising real property in this 
1007  state for at least 5 years immediately preceding appointment. In 
1008  appointing real estate appraisers to the board, while not 
1009  excluding other appraisers, the Governor shall give preference 
1010  to real estate appraisers who are not primarily engaged in real 
1011  estate brokerage or mortgage lending activities. One member of 
1012  the board must represent organizations that use appraisals for 
1013  the purpose of eminent domain proceedings, financial 
1014  transactions, or mortgage insurance. Two members of the board 
1015  shall be representatives of the general public and shall not be 
1016  connected in any way with the practice of real estate appraisal, 
1017  real estate brokerage, or mortgage lending. The appraiser 
1018  members shall be as representative of the entire industry as 
1019  possible, and membership in a nationally recognized or state 
1020  recognized appraisal organization shall not be a prerequisite to 
1021  membership on the board. To the extent possible, no more than 
1022  two members of the board shall be primarily affiliated with any 
1023  one particular national or state appraisal association. Two of 
1024  the members must be licensed or certified residential real 
1025  estate appraisers and two of the members must be certified 
1026  general real estate appraisers at the time of their appointment. 
1027         (a) Members of the board shall be appointed for 4-year 
1028  terms. Any vacancy occurring in the membership of the board 
1029  shall be filled by appointment by the Governor for the unexpired 
1030  term. Upon expiration of her or his term, a member of the board 
1031  shall continue to hold office until the appointment and 
1032  qualification of the member’s successor. A member may not be 
1033  appointed for more than two consecutive terms. The Governor may 
1034  remove any member for cause. 
1035         (b) The headquarters for the board shall be in Orlando. 
1036         (c) The board shall meet at least once each calendar 
1037  quarter to conduct its business. 
1038         (d) The members of the board shall elect a chairperson at 
1039  the first meeting each year. 
1040         (e) Each member of the board is entitled to per diem and 
1041  travel expenses as set by legislative appropriation for each day 
1042  that the member engages in the business of the board. 
1043         Section 33. Subsections (3) through (8) of section 477.019, 
1044  Florida Statutes, are amended to read: 
1045         477.019 Cosmetologists; qualifications; licensure; 
1046  supervised practice; license renewal; endorsement; continuing 
1047  education.— 
1048         (3) An application for the licensure examination for any 
1049  license under this section may be submitted for examination 
1050  approval in the last 100 hours of training by a pregraduate of a 
1051  licensed cosmetology school or a program within the public 
1052  school system, which school or program is certified by the 
1053  Department of Education with fees as required in paragraph 
1054  (2)(b). Upon approval, the applicant may schedule the 
1055  examination on a date when the training hours are completed. An 
1056  applicant shall have 6 months from the date of approval to take 
1057  the examination. After the 6 months have passed, if the 
1058  applicant failed to take the examination, the applicant must 
1059  reapply. The board shall establish by rule the procedures for 
1060  the pregraduate application process. 
1061         (3)(4) Upon an applicant receiving a passing grade, as 
1062  established by board rule, on the examination and paying the 
1063  initial licensing fee, the department shall issue a license to 
1064  practice cosmetology. 
1065         (4)(5) If an applicant passes all parts of the examination 
1066  for licensure as a cosmetologist, he or she may practice in the 
1067  time between passing the examination and receiving a physical 
1068  copy of his or her license if he or she practices under the 
1069  supervision of a licensed cosmetologist in a licensed salon. An 
1070  applicant who fails any part of the examination may not practice 
1071  as a cosmetologist and may immediately apply for reexamination. 
1072         (5)(6) Renewal of license registration shall be 
1073  accomplished pursuant to rules adopted by the board. 
1074         (6)(7) The board shall adopt rules specifying procedures 
1075  for the licensure by endorsement of practitioners desiring to be 
1076  licensed in this state who hold a current active license in 
1077  another state and who have met qualifications substantially 
1078  similar to, equivalent to, or greater than the qualifications 
1079  required of applicants from this state. 
1080         (7)(8)(a) The board shall prescribe by rule continuing 
1081  education requirements intended to ensure protection of the 
1082  public through updated training of licensees and registered 
1083  specialists, not to exceed 16 hours biennially, as a condition 
1084  for renewal of a license or registration as a specialist under 
1085  this chapter. Continuing education courses shall include, but 
1086  not be limited to, the following subjects as they relate to the 
1087  practice of cosmetology: human immunodeficiency virus and 
1088  acquired immune deficiency syndrome; Occupational Safety and 
1089  Health Administration regulations; workers’ compensation issues; 
1090  state and federal laws and rules as they pertain to 
1091  cosmetologists, cosmetology, salons, specialists, specialty 
1092  salons, and booth renters; chemical makeup as it pertains to 
1093  hair, skin, and nails; and environmental issues. Courses given 
1094  at cosmetology conferences may be counted toward the number of 
1095  continuing education hours required if approved by the board. 
1096         (b) Any person whose occupation or practice is confined 
1097  solely to hair braiding, hair wrapping, or body wrapping is 
1098  exempt from the continuing education requirements of this 
1099  subsection. 
1100         (c) The board may, by rule, require any licensee in 
1101  violation of a continuing education requirement to take a 
1102  refresher course or refresher course and examination in addition 
1103  to any other penalty. The number of hours for the refresher 
1104  course may not exceed 48 hours. 
1105         Section 34. Section 509.211, Florida Statutes, is amended 
1106  to read: 
1107         509.211 Safety regulations.— 
1108         (1) Each bedroom or apartment in each public lodging 
1109  establishment shall be equipped with an approved locking device 
1110  on each door opening to the outside, to an adjoining room or 
1111  apartment, or to a hallway. 
1112         (2)(a) It is unlawful for any person to use within any 
1113  public lodging establishment or public food service 
1114  establishment any fuel-burning wick-type equipment for space 
1115  heating unless such equipment is vented so as to prevent the 
1116  accumulation of toxic or injurious gases or liquids. 
1117         (b) Any person who violates the provisions of paragraph (a) 
1118  commits a misdemeanor of the second degree, punishable as 
1119  provided in s. 775.082 or s. 775.083. 
1120         (3) Each public lodging establishment that is three or more 
1121  stories in height must have safe and secure railings on all 
1122  balconies, platforms, and stairways, and all such railings must 
1123  be properly maintained and repaired. The division may impose 
1124  administrative sanctions for violations of this subsection 
1125  pursuant to s. 509.261. 
1126         (4) Every enclosed space or room that contains a boiler 
1127  regulated under chapter 554 which is fired by the direct 
1128  application of energy from the combustion of fuels and that is 
1129  located in any portion of a public lodging establishment that 
1130  also contains sleeping rooms shall be equipped with one or more 
1131  carbon monoxide sensor devices that bear the label of a 
1132  nationally recognized testing laboratory and have been tested 
1133  and listed as complying with the most recent Underwriters 
1134  Laboratories, Inc., Standard 2034, or its equivalent, unless it 
1135  is determined that carbon monoxide hazards have otherwise been 
1136  adequately mitigated as determined by the division. Such devices 
1137  shall be integrated with the public lodging establishment’s fire 
1138  detection system. Any such installation or determination shall 
1139  be made in accordance with rules adopted by the division. 
1140         Section 35. Section 548.076, Florida Statutes, is created 
1141  to read: 
1142         548.076 Cease and desist notices.—When the department has 
1143  probable cause to believe that any person not licensed by the 
1144  commission has violated any provision of this chapter, or any 
1145  rule adopted pursuant thereto, the department may issue and 
1146  deliver to such person a notice to cease and desist from such 
1147  violation pursuant to s. 455.228. 
1148         Section 36. Present subsections (4) and (5) of section 
1149  554.108, Florida Statutes, are renumbered as subsections (5) and 
1150  (6), respectively, and a new subsection (4) is added to that 
1151  section, to read: 
1152         554.108 Inspection.— 
1153         (4) A boiler that is fired by the direct application of 
1154  energy from the combustion of fuels and that is located within a 
1155  portion of a public lodging establishment containing sleeping 
1156  rooms shall be equipped with one or more carbon monoxide sensor 
1157  devices that bear the label of a nationally recognized testing 
1158  laboratory and have been tested and listed as complying with the 
1159  most recent Underwriters Laboratories, Inc., Standard 2034, or 
1160  its equivalent, unless the department determines that carbon 
1161  monoxide hazards have otherwise been adequately mitigated. Such 
1162  devices shall be integrated with the public lodging 
1163  establishment’s fire detection system. Any such installation or 
1164  determination shall be made in accordance with rules adopted by 
1165  the department. An inspector who inspects a boiler pursuant to 
1166  this section shall also determine whether the location 
1167  containing the boiler contains the carbon monoxide detectors 
1168  required by this subsection. 
1169         Section 37. Subsection (1) of section 561.17, Florida 
1170  Statutes, is amended to read: 
1171         561.17 License and registration applications; approved 
1172  person.— 
1173         (1) Any person, before engaging in the business of 
1174  manufacturing, bottling, distributing, selling, or in any way 
1175  dealing in alcoholic beverages, shall file, with the district 
1176  licensing personnel of the district of the division in which the 
1177  place of business for which a license is sought is located, a 
1178  sworn application in duplicate on forms provided to the district 
1179  licensing personnel by the division. The applicant must be a 
1180  legal or business entity, person, or persons and must include 
1181  all persons, officers, shareholders, and directors of such legal 
1182  or business entity that have a direct or indirect interest in 
1183  the business seeking to be licensed under this part. However, 
1184  the applicant does not include any person who that derives 
1185  revenue from the license solely through a contractual 
1186  relationship with the licensee, the substance of which 
1187  contractual relationship is not related to the control of the 
1188  sale of alcoholic beverages. Before Prior to any application 
1189  being approved, the division may require the applicant to file a 
1190  set of fingerprints on regular United States Department of 
1191  Justice forms for herself or himself and for any person or 
1192  persons interested directly or indirectly with the applicant in 
1193  the business for which the license is being sought, when so 
1194  required by the division. If the applicant or any person who is 
1195  interested with the applicant either directly or indirectly in 
1196  the business or who has a security interest in the license being 
1197  sought or has a right to a percentage payment from the proceeds 
1198  of the business, either by lease or otherwise, is not qualified, 
1199  the application shall be denied by the division. However, any 
1200  company regularly traded on a national securities exchange and 
1201  not over the counter; any insurer, as defined in the Florida 
1202  Insurance Code; or any bank or savings and loan association 
1203  chartered by this state, another state, or the United States 
1204  which has an interest, directly or indirectly, in an alcoholic 
1205  beverage license shall not be required to obtain division 
1206  approval of its officers, directors, or stockholders or any 
1207  change of such positions or interests. A shopping center having 
1208  with five or more stores, one or more of which has an alcoholic 
1209  beverage license and is required under a lease common to all 
1210  shopping center tenants to pay no more than 10 percent of the 
1211  gross proceeds of the business holding the license to the 
1212  shopping center, is shall not be considered as having an 
1213  interest, directly or indirectly, in the license. 
1214         Section 38. Section 561.20, Florida Statutes, is amended to 
1215  read: 
1216         561.20 Limitation upon number of licenses issued.— 
1217         (1) The number of licenses issued in a county No license 
1218  under s. 565.02(1)(a)-(f) may not exceed, inclusive, shall be 
1219  issued so that the number of such licenses within the limits of 
1220  the territory of any county exceeds one such license per to each 
1221  7,500 residents within such county. Regardless of the number of 
1222  quota licenses issued before prior to October 1, 2000, on and 
1223  after that date, a new license under s. 565.02(1)(a)-(f) issued 
1224  on or after that date, inclusive, shall be issued for each 
1225  population increase of 7,500 residents above the number of 
1226  residents who resided in the county according to the April 1, 
1227  1999, Florida Estimate of Population as published by the Bureau 
1228  of Economic and Business Research at the University of Florida, 
1229  and, thereafter, based on the last regular population estimate 
1230  prepared pursuant to s. 186.901, for such county. These Such 
1231  population estimates are shall be the basis for annual license 
1232  issuance regardless of any local acts to the contrary. However, 
1233  notwithstanding the population-based limits, at least three 
1234  licenses may be issued such limitation shall not prohibit the 
1235  issuance of at least three licenses in any county that approves 
1236  may approve the sale of intoxicating liquors in such county. 
1237         (2)(a) Population-based limits on the number of licenses do 
1238  not No such limitation of the number of licenses as herein 
1239  provided shall henceforth prohibit the issuance of a special 
1240  license to: 
1241         1.a. Any bona fide hotel, motel, or motor court having at 
1242  least of not fewer than 80 guest rooms in any county having a 
1243  population of fewer less than 50,000 residents, and at least of 
1244  not fewer than 100 guest rooms in any county having a population 
1245  of 50,000 residents or greater; or 
1246         b. Any bona fide hotel or motel located in a historic 
1247  structure, as defined in s. 561.01(21), which has with fewer 
1248  than 100 guest rooms, which derives at least 51 percent of its 
1249  gross revenue from the rental of hotel or motel rooms, and which 
1250  is licensed as a public lodging establishment by the Division of 
1251  Hotels and Restaurants.; provided, However, that a bona fide 
1252  hotel or motel that has with no fewer than 10 to and no more 
1253  than 25 guest rooms, which is a historic structure, as defined 
1254  in s. 561.01(21), is located in a municipality that on May 26, 
1255  1999, had the effective date of this act has a population of 
1256  25,000 to 35,000 residents, according to the University of 
1257  Florida’s Bureau of Economic and Business Research Estimates of 
1258  Population for 1998, of no fewer than 25,000 and no more than 
1259  35,000 residents and is that is within a constitutionally 
1260  chartered county may be issued a special license. This special 
1261  license allows shall allow the sale and consumption of alcoholic 
1262  beverages only on the licensed premises of the hotel or motel. 
1263  In addition, the hotel or motel must derive at least 60 percent 
1264  of its gross revenue from the rental of hotel or motel rooms and 
1265  the sale of food and nonalcoholic beverages.; provided that the 
1266  provisions of This sub-subparagraph supersedes subparagraph 
1267  shall supersede local laws requiring a greater number of hotel 
1268  rooms; 
1269         2. Any condominium accommodation in of which at least no 
1270  fewer than 100 condominium units are wholly rentable to 
1271  transients and which is licensed under the provisions of chapter 
1272  509, except that the license shall be issued only to the person 
1273  or corporation that which operates the hotel or motel operation 
1274  and not to the association of condominium owners; 
1275         3. Any condominium accommodation of which no fewer than 50 
1276  condominium units are wholly rentable to transients, which is 
1277  licensed under the provisions of chapter 509, and which is 
1278  located in any county having home rule under s. 10 or s. 11, 
1279  Art. VIII of the State Constitution of 1885, as amended, and 
1280  incorporated by reference in s. 6(e), Art. VIII of the State 
1281  Constitution, except that the license shall be issued only to 
1282  the person or corporation that which operates the hotel or motel 
1283  operation and not to the association of condominium owners; 
1284         4. Any restaurant having 2,500 square feet of service area, 
1285  and equipped to serve 150 persons full course meals at tables at 
1286  one time, and deriving at least 51 percent of its gross revenue 
1287  from the sale of food and nonalcoholic beverages.; However, a no 
1288  restaurant granted a special license on or after January 1, 
1289  1958, pursuant to general or special law may not shall operate 
1290  as a package store or sell, nor shall intoxicating beverages be 
1291  sold under such license after the hours of serving food have 
1292  elapsed; or 
1293         5. Any caterer, deriving at least 51 percent of its gross 
1294  revenue from the sale of food and nonalcoholic beverages, 
1295  licensed by the Division of Hotels and Restaurants under chapter 
1296  509. Notwithstanding any other provision of law to the contrary, 
1297  a licensee under this subparagraph may shall sell or serve 
1298  alcoholic beverages only for consumption on the premises of a 
1299  catered event at which the licensee is also providing prepared 
1300  food. The caterer, and shall prominently display its license at 
1301  any catered event at which the caterer is selling or serving 
1302  alcoholic beverages. A licensee under this subparagraph must 
1303  shall purchase all alcoholic beverages it sells or serves at a 
1304  catered event from a vendor licensed under s. 563.02(1) or, s. 
1305  564.02(1), or licensed under s. 565.02(1) subject to the 
1306  limitation imposed in subsection (1), as appropriate. A licensee 
1307  under this subparagraph may not store any alcoholic beverages to 
1308  be sold or served at a catered event. Any alcoholic beverages 
1309  purchased by a licensee under this subparagraph for a catered 
1310  event which that are not used at that event must remain with the 
1311  customer. However,; provided that if the vendor accepts unopened 
1312  alcoholic beverages, the licensee may return such alcoholic 
1313  beverages to the vendor for a credit or reimbursement. 
1314  Regardless of the county or counties in which the licensee 
1315  operates, a licensee under this subparagraph shall pay the 
1316  annual state license tax pursuant to set forth in s. 
1317  565.02(1)(b). A licensee under this subparagraph must maintain 
1318  for a period of 3 years all records required by the department 
1319  by rule to demonstrate compliance with the requirements of this 
1320  subparagraph, including licensed vendor receipts for the 
1321  purchase of alcoholic beverages and records identifying each 
1322  customer and the location and date of each catered event. 
1323  Notwithstanding any provision of law to the contrary, any vendor 
1324  licensed under s. 565.02(1) which is subject to the limitation 
1325  imposed in subsection (1), may, without any additional licensure 
1326  under this subparagraph, serve or sell alcoholic beverages for 
1327  consumption on the premises of a catered event at which prepared 
1328  food is provided by a caterer licensed under chapter 509. If a 
1329  licensee under this subparagraph also possesses any other 
1330  license under the Beverage Law, the license issued under this 
1331  subparagraph does shall not authorize the holder to conduct 
1332  activities on the premises to which the other license or 
1333  licenses apply which that would otherwise be prohibited by the 
1334  terms of that license or the Beverage Law. Nothing in This 
1335  section does not shall permit the licensee to conduct activities 
1336  that are otherwise prohibited by the Beverage Law or local law. 
1337  The Division of Alcoholic Beverages and Tobacco may is hereby 
1338  authorized to adopt rules to administer the license created in 
1339  this subparagraph, to include rules governing licensure, 
1340  recordkeeping, and enforcement. The first $300,000 in fees 
1341  collected by the division each fiscal year pursuant to this 
1342  subparagraph shall be deposited in the Department of Children 
1343  and Family Services’ Operations and Maintenance Trust Fund to be 
1344  used only for alcohol and drug abuse education, treatment, and 
1345  prevention programs. The remainder of the fees collected shall 
1346  be deposited into the Hotel and Restaurant Trust Fund created 
1347  pursuant to s. 509.072;. 
1348         6.a. A movie theater complex holding a seating license 
1349  issued by the Division of Hotels and Restaurants under chapter 
1350  509 which: 
1351         (I) Has at least five operating screens that show first-run 
1352  feature films that open on the scheduled national release dates. 
1353         (II) Prepares on premises, serves, and has a menu featuring 
1354  full-course meals; has the capacity to serve such meals to at 
1355  least 200 patrons at seats, tables, seats equipped with a tray 
1356  or table top, or a food-service counter, each of which must 
1357  accommodate a full-course meal to be counted. As used in this 
1358  subparagraph, the term “full-course meal” means a multi-course 
1359  meal, including appetizers, entrees with side dishes, and 
1360  desserts. The term does not include prepackaged meals that must 
1361  be heated. 
1362         (III) Derives at least 51 percent of its gross revenues 
1363  from the sale of theater tickets, food, and nonalcoholic 
1364  beverages. 
1365         b. A licensee under this subparagraph must provide food 
1366  service at all times alcoholic beverages are offered for sale. 
1367         c. Notwithstanding any law to the contrary, a licensee 
1368  under this subparagraph may sell or serve alcoholic beverages 
1369  only for consumption on the premises in areas that are 
1370  designated for the service of full-course meals as defined in 
1371  this subparagraph and at seats as described in this 
1372  subparagraph, and alcoholic beverages may not be sold more than 
1373  1 hour before the start of the first show or 1 hour after the 
1374  final show is concluded. 
1375         d. Regardless of the county or counties in which the 
1376  licensee operates, a licensee under this subparagraph shall pay 
1377  the annual state license tax under s. 565.02(1)(b). 
1378         e. A licensee under this subparagraph shall maintain all 
1379  records required by department rule for at least 3 years. 
1380 
1381  However, any license heretofore issued to a any such hotel, 
1382  motel, motor court, or restaurant, or hereafter issued to any 
1383  such hotel, motel, or motor court, including a condominium 
1384  accommodation, or movie theater complex under the general law 
1385  may shall not be transferred moved to a new location, such 
1386  license being valid only on the premises of such hotel, motel, 
1387  motor court, or restaurant. Licenses issued to hotels, motels, 
1388  motor courts, or restaurants under the general law and held by 
1389  such hotels, motels, motor courts, or restaurants on May 24, 
1390  1947, shall be counted in the quota limitation contained in 
1391  subsection (1). Any license issued for a any hotel, motel, or 
1392  motor court, or movie theater complex under the provisions of 
1393  this section law shall be issued only to the owner of the hotel, 
1394  motel, or motor court, or movie theater complex or, in the event 
1395  the hotel, motel, or motor court, or movie theater complex is 
1396  leased, only to the lessee of the hotel, motel, or motor court, 
1397  or movie theater complex.; and The license shall remain in the 
1398  name of the owner or lessee of the facility as so long as the 
1399  license is in effect existence. Any special license now in 
1400  existence heretofore issued under the provisions of this law 
1401  cannot be renewed except in the name of the owner of the hotel, 
1402  motel, motor court, or restaurant or, in the event the hotel, 
1403  motel, motor court, or restaurant is leased, in the name of the 
1404  lessee of the hotel, motel, motor court, or restaurant in which 
1405  the license is located and must remain in the name of the owner 
1406  or lessee so long as the license is in existence. Any license 
1407  issued under this section shall be marked “Special.,” This 
1408  section does not and nothing herein provided shall limit, 
1409  restrict, or prevent the issuance of a special license to a for 
1410  any restaurant or motel that which shall hereafter meets meet 
1411  the requirements of the law existing immediately prior to the 
1412  effective date of this act, if construction of such restaurant 
1413  has commenced prior to the effective date of this act and is 
1414  completed within 30 days thereafter, or if an application is on 
1415  file for such special license at the time this act takes effect; 
1416  and any such licenses issued under this provision proviso may be 
1417  annually renewed as now provided by law. This section does not 
1418  prohibit Nothing herein prevents an application for transfer of 
1419  a license to a bona fide purchaser of any hotel, motel, motor 
1420  court, or restaurant, or movie theater complex by the purchaser 
1421  of such facility or the transfer of such license pursuant to 
1422  law. 
1423         (b) Any county in which special licenses were issued under 
1424  the provisions of s. 561.20(2)(b) before in effect prior to the 
1425  effective date of this act shall continue to qualify for such 
1426  licenses pursuant to those provisions in effect before prior to 
1427  the effective date of this act, and are shall not be affected by 
1428  the provisions of paragraph (a). However, any restaurant located 
1429  in a specialty center built on governmentally owned land, except 
1430  that in such counties is, any restaurant located in a specialty 
1431  center built on governmentally owned land shall be subject to 
1432  the provisions of paragraph (a). 
1433         1. A specialty center means any development having at least 
1434  50,000 square feet of leasable area, containing restaurants, 
1435  entertainment facilities, and specialty shops, and located 
1436  adjacent to a navigable water body. Alcoholic beverages sold for 
1437  consumption on the premises by a vendor in a specialty center 
1438  may be consumed within the specialty center but may not be 
1439  removed from the such premises. 
1440         2. A specialty center also means an any enclosed 
1441  development that has at least 170,000 square feet of leasable 
1442  area that is under the dominion and physical control of the 
1443  owner or manager of the enclosed development, containing 
1444  restaurants, entertainment facilities, specialty shops, and a 
1445  movie theater with at least 18 operating screens. Alcoholic 
1446  beverages sold for consumption on the premises by a vendor in a 
1447  specialty center may be consumed only in areas designated 
1448  pursuant to s. 561.01(11) and may not be removed from the 
1449  designated area. 
1450         (c) In addition to any special licenses that may be issued 
1451  under the provisions of paragraph (a), the division may is 
1452  authorized to issue special licenses to qualified applicants who 
1453  own or lease bowling establishments having 12 or more lanes and 
1454  all necessary equipment to operate them. Any license issued for 
1455  a any bowling establishment under the provisions of this 
1456  paragraph shall be issued only to the owner of the bowling 
1457  establishment or, in the event the bowling establishment is 
1458  leased, to the lessee of the bowling establishment.; and The 
1459  license shall remain in the name of the owner or lessee as so 
1460  long as the license is in effect existence. A Any such license 
1461  issued under this paragraph may shall not be transferred moved 
1462  to a new location. A No license issued pursuant to this 
1463  paragraph does not shall permit the licensee to sell alcoholic 
1464  beverages by the package for off-the-premises consumption. The 
1465  provisions of This paragraph does do not preclude any bowling 
1466  establishment from holding a beverage license issued pursuant to 
1467  any other provision of this section. 
1468         (d) A Any board of county commissioners may be issued a 
1469  special license which shall be issued in the name of the county 
1470  and be applicable only in and for facilities that which are 
1471  owned and operated by the county and in which the sale and 
1472  consumption of alcoholic beverages are not otherwise prohibited. 
1473  The license may be transferred from one qualified county 
1474  facility to another upon written notification to the department. 
1475         (e) The owner of a hotel, motel, or motor court may lease 
1476  his or her restaurant operation to another corporation, 
1477  individual, or business association that, upon meeting the 
1478  requirements for a restaurant license under set forth in this 
1479  chapter, may operate independently of the hotel, motel, or motor 
1480  court and be permitted to provide room service for alcoholic and 
1481  intoxicating beverages within such hotel, motel, or motor court 
1482  in which the restaurant is located. 
1483         (f) In addition to the exceptions set forth in this 
1484  subsection, the population-based limits on no such limitation of 
1485  the number of licenses do not apply to as herein provided shall 
1486  prohibit the issuance of special airport licenses, as defined in 
1487  s. 561.01(12), or to restaurants that are a part of, or serve, 
1488  publicly owned or leased airports. The special airport license 
1489  authorized by this paragraph allows provided for herein shall 
1490  allow for consumption within designated areas of the airport 
1491  terminal as defined in s. 561.01(13). A Any holder of such 
1492  special license located at a publicly owned and operated airport 
1493  may sell and serve alcoholic beverages to the general public for 
1494  consumption in not more than four places or locations on the 
1495  premises that are in control of the licensee on the premises to 
1496  the general public under such license in not more than four 
1497  places or locations in control of the holder of such license. 
1498  The special Any license so issued may not be transferred to a 
1499  new location, except that a vendor operating a place of business 
1500  under a special license may transfer such license when the 
1501  publicly owned or leased airport at which the vendor operates a 
1502  place of business under a special license moves its terminal 
1503  facilities on the same airport premises, or when the airport is 
1504  required by law to move its entire operation to a new location. 
1505  The special license entitles Any license so issued shall entitle 
1506  the vendor operating a place of business under such license to 
1507  sell to airlines vinous beverages and distilled spirits in 
1508  sealed miniature containers and other alcoholic beverages for 
1509  consumption on the aircraft using the facility, but only for 
1510  consumption by the passengers of the aircraft when such aircraft 
1511  is airborne. 
1512         (g) In addition to any special licenses issued under the 
1513  Beverage Law, the division may issue a special license for 
1514  consumption on the premises only to any public fair or 
1515  exposition that which is organized in accordance with chapter 
1516  616. A No licensee under this special license may not shall 
1517  enter into any exclusive contract for its use. The special 
1518  license may not be used in connection with any youth 
1519  agricultural activity or during any regularly scheduled public 
1520  fair or exposition, and such license may be used only in 
1521  connection with special events held on the premises of the 
1522  fairgrounds, which premises are considered to be licensed 
1523  premises under the dominion and control of the public fair or 
1524  exposition authority at all times. This special license is not 
1525  transferable. 
1526         (h) In addition to any special licenses issued under the 
1527  Beverage Law, the division may issue a special license for 
1528  consumption on the premises only to any civic center authority 
1529  or sports arena authority that which is authorized by state law 
1530  or by a local government ordinance or which civic center or 
1531  sports arena that is otherwise owned by a political subdivision 
1532  of this state. The license may be transferred to a qualified 
1533  applicant authorized by contract with the authority to provide 
1534  food service for the facility. The license shall at all times 
1535  remain the exclusive property of the authority, and upon 
1536  termination by any manner of the contract between the authority 
1537  and the applicant concerning the furnishing of food service, the 
1538  license shall revert to the authority by operation of law. 
1539         (i) The division may shall not charge a fee in excess of 
1540  $250 for the license authorized by paragraph (g) or paragraph 
1541  (h). 
1542         (j) In addition to any special licenses issued under the 
1543  Beverage Law, the division may issue a special license for 
1544  consumption on the premises only to a performing arts center., 
1545  provided that Any consumption of alcoholic beverages under this 
1546  license, except as part of food and beverage service for 
1547  banquets or receptions, may occur only in conjunction with an 
1548  artistic, educational, cultural, promotional, civic, or 
1549  charitable event occurring on the premises under the 
1550  authorization of or offered directly by the performing arts 
1551  center. The license may be transferred to a qualified applicant 
1552  authorized by contract with the performing arts center to 
1553  provide food and beverage service for the center. The license is 
1554  shall at all times remain the exclusive property of the 
1555  performing arts center, and upon termination by any manner of 
1556  the contract between the performing arts center and the 
1557  applicant concerning the furnishing of food and beverage 
1558  service, the license shall revert to the performing arts center 
1559  by operation of law. The division may shall not charge a fee in 
1560  excess of $400 for the license authorized by this paragraph. 
1561         (3) The population-based limits on limitation upon the 
1562  number of such licenses that may to be issued under this section 
1563  do as herein provided does not apply to existing licenses or to 
1564  the renewal or transfer of such licenses. However,; but upon the 
1565  limits apply after a license is revoked revocation of any 
1566  existing license, no renewal thereof or new license therefor 
1567  shall be issued contrary to the limitation herein prescribed. 
1568         (4) The population-based limits on the number of licenses 
1569  that may be issued under this section do limitations herein 
1570  prescribed shall not affect or repeal any existing or future 
1571  local or special acts act relating to population-based limits 
1572  the limitation by population and exceptions or exemptions from 
1573  such limits limitation by population of such licenses within any 
1574  incorporated city or town or county which that may be in 
1575  conflict with the population-based limits in this section 
1576  herewith. Any license issued under a local or special act 
1577  relating to the limitation by population is shall be subject to 
1578  all requirements and restrictions contained in the Beverage Law 
1579  which that are applicable to licenses issued under subsection 
1580  (1). 
1581         (5) Provisions of subsections (2) and (4) as amended by 
1582  chapter 57-773, Laws of Florida, shall take effect January 1, 
1583  1958, and shall apply only to those places of business licensed 
1584  to operate after January 1, 1958, and do not shall in no manner 
1585  repeal or nullify any license issued under provisions of law 
1586  which are now operating or will operate prior to that the 
1587  effective date if January 1, 1958; and all such places of 
1588  business shall be exempt from the provisions of this law so long 
1589  as they are in continuous operation. 
1590         (6) If When additional licenses become available as the 
1591  result by reason of an increase in population or because by 
1592  reason of a county repeals a prohibition on permitting the sale 
1593  of intoxicating beverages when such sale has been prohibited, 
1594  the number of licenses that may be issued by the division shall 
1595  be based on may issue the number of new licenses that become 
1596  available by reason of the last regular population estimate.; 
1597  However, a in no event shall any person, firm, or corporation 
1598  licensed as a vendor under subsection (1) may not have an 
1599  interest, directly or indirectly, in more than 30 percent of the 
1600  number of licenses authorized for issuance in the such county. 
1601  Notwithstanding the foregoing limitation, a any licensed vendor 
1602  having an interest, directly or indirectly, in more than 30 
1603  percent of the licenses authorized for issuance in any one 
1604  county on July 1, 1981, may continue to qualify for such 
1605  licenses. 
1606         (7)(a) There shall be no limitation as to The number of 
1607  licenses issued pursuant to s. 565.02(4) is not limited. 
1608  However, any licenses issued under this section are shall be 
1609  limited to: 
1610         1. Subordinate lodges or clubs of national fraternal or 
1611  benevolent associations; 
1612         2. Golf clubs, tennis clubs, and beach or cabana clubs that 
1613  which are municipally or privately owned or leased; 
1614         3. Nonprofit corporations or clubs devoted to promoting 
1615  community, municipal, or county development or any phase of 
1616  community, municipal, or county development; 
1617         4. Clubs fostering and promoting the general welfare and 
1618  prosperity of members of showmen and amusement enterprises; 
1619         5. Clubs assisting, promoting, and developing subordinate 
1620  lodges or clubs of national fraternal or benevolent 
1621  associations; and 
1622         6. Clubs promoting, developing, and maintaining cultural 
1623  relations of people of the same nationality. 
1624         (b) A Any corporation, partnership, or individual operating 
1625  a club owning or leasing and maintaining any bona fide regular, 
1626  standard golf course consisting of at least nine holes, with 
1627  clubhouse, locker rooms, and attendant golf facilities and 
1628  comprising in all at least 35 acres of land owned or leased by 
1629  such club may be issued a license under s. 565.02(4). However, 
1630  the; but failure of the such club to maintain the golf course 
1631  and golf facilities is shall be grounds for revocation of the 
1632  license. 
1633         (c) A Any corporation, partnership, or individual operating 
1634  a club owning or leasing and maintaining any bona fide tennis 
1635  club or four-wall indoor racquetball club consisting of at least 
1636  not fewer than 10 regulation-size tennis courts or 10 
1637  regulation-size four-wall indoor racquetball courts, or a 
1638  combination of such courts totaling in the aggregate at least 
1639  not fewer than 10 courts, or a combination of 8 such courts and 
1640  exercise facilities that which in square footage total at least 
1641  not fewer than the aggregate square foot equivalent of 10 
1642  regulation-size courts with clubhouse facilities, pro shop, 
1643  locker rooms, and attendant tennis or racquetball facilities, 
1644  all located on a contiguous tract of land owned or leased by 
1645  such club, may be issued a license under s. 565.02(4). However, 
1646  the; but failure of the such club to maintain the such courts 
1647  and facilities is shall be grounds for revocation of the any 
1648  such license so issued. A Any racquetball or tennis club that 
1649  was which has been constructed and completed on or before July 
1650  1, 1980, and that which contains the requisite number of courts 
1651  of proper size and attendant facilities may be granted a license 
1652  without receiving the necessity of securing additional approval 
1653  from the incorporated municipality or county in which the 
1654  racquetball or tennis club facility is located. It is intended 
1655  that This subsection is be an exception to s. 562.45(2) and 
1656  preempts preempting the zoning power of local government to the 
1657  state only in instances involving tennis and racquetball clubs 
1658  constructed and completed on or before July 1, 1980. Nothing in 
1659  This paragraph does not, however, shall be construed to limit 
1660  the power of incorporated municipalities or counties to enact 
1661  ordinances regulating hours of business and prescribing sanitary 
1662  regulations for such racquetball or tennis club facilities. 
1663         (d) A Any corporation, partnership, or individual operating 
1664  a club that which owns or leases and that which maintains any 
1665  bona fide beach or cabana club consisting of beach facilities, 
1666  swimming pool, locker rooms with facilities for at least 100 
1667  persons, and a restaurant with seats at tables for at least 100 
1668  persons, comprising in all an area of at least 5,000 square feet 
1669  located on a contiguous tract of land of in excess of 1 acre may 
1670  be issued a license under s. 565.02(4). The failure of such club 
1671  to maintain the facilities is shall be a ground for revocation 
1672  of the license. 
1673         (8) In addition to any licenses that may be issued to 
1674  restaurants under the provisions of this section, the division 
1675  is authorized to issue special licenses to qualified applicants 
1676  whose applications have been approved by the Inter-American 
1677  Center Authority for use within the confines of the Inter 
1678  American Cultural and Trade Center.; However, any such license 
1679  issued pursuant to this subsection does shall not permit the 
1680  licensee to sell alcoholic beverages by the package for off 
1681  premises consumption. 
1682         (9) In addition to any licenses that may be issued under 
1683  the provisions of this chapter, the division may is authorized 
1684  to issue special licenses to any county that which has a 
1685  population of at least 1 million persons according to the latest 
1686  federal census and that which owns and operates airport 
1687  facilities pursuant to chapters 125 and 332, for transfer to 
1688  qualified applicants who have secured approval from the board of 
1689  county commissioners of such county for use within the confines 
1690  of such airport facilities. Such licenses are shall not be valid 
1691  in any location beyond the confines of the terminal facilities 
1692  of the airport. If a license is revoked or expires In the event 
1693  of expiration or revocation of such licenses, the license 
1694  automatically reverts such licenses shall revert to the board of 
1695  county commissioners automatically, by operation of law. 
1696  However, a no special license issued pursuant to this subsection 
1697  does not shall permit the county or its transferee to sell 
1698  alcoholic beverages by the package for off-premises consumption. 
1699         (10) In addition to any licenses that may be issued under 
1700  the provisions of this chapter, the division may is authorized 
1701  to issue a special license to a any marketing association of 
1702  horse breeders organized under the laws of the state. Such 
1703  license applies shall be applicable only in and for facilities 
1704  used by the association for public auction of its products. A No 
1705  license issued pursuant to this subsection does not shall permit 
1706  the licensee to sell alcoholic beverages by the package for off 
1707  premises consumption. The provisions of This subsection does do 
1708  not preclude any cooperative marketing association of horse 
1709  breeders from holding a license issued pursuant to any other 
1710  provision of this chapter. 
1711         (11) In addition to any licenses that may be issued under 
1712  the provisions of this chapter, the division may is authorized 
1713  to issue a special license to historic American Legion Posts in 
1714  Florida which were chartered before prior to September 16, 1919, 
1715  the date on which the United States Congress issued the National 
1716  Charter for the American Legion. A Any holder of a license 
1717  issued pursuant to this subsection shall, at its option, be 
1718  permitted to sell alcoholic beverages to resident guests as well 
1719  as members and nonresident guests for consumption on the 
1720  premises only. Revenue from the sale of such alcoholic beverages 
1721  must be used to operate, maintain, or improve the said American 
1722  Legion Post facilities, grounds, or activities and to maintain 
1723  an emergency fund not to exceed the costs of operation of the 
1724  American Legion Post for the prior calendar year. Any remaining 
1725  revenue from the sale of alcoholic beverages shall be donated 
1726  anually to local nonprofit charitable organizations on an annual 
1727  basis. Posts exercising their option under this subsection shall 
1728  pay an annual license fee of $500. This section does shall not 
1729  apply to any county that which has held an election under s. 
1730  567.01 and whose electors have voted to prohibit the sale of 
1731  alcoholic beverages for consumption on the licensed premises. 
1732         (12)(a) In addition to any other licenses issued under the 
1733  provisions of this chapter, the division may is authorized to 
1734  issue a special license to a person or to an organization for 
1735  the purpose of authorizing: 
1736         1. A sale pursuant to a levy and execution; 
1737         2. A sale by an insurance company in possession of 
1738  alcoholic beverages; 
1739         3. A bankruptcy sale; 
1740         4. A sale resulting from a license suspension or 
1741  revocation; 
1742         5. A sale of damaged goods by a common carrier; 
1743         6. A sale by a bona fide wine collector; or 
1744         7. A sale of packaged alcoholic beverages pursuant to part 
1745  V of chapter 679. 
1746         (b) A special license shall be issued under this subsection 
1747  upon filing an application at the district office and paying a 
1748  $25 fee. Such fee shall be deposited in the Alcoholic Beverages 
1749  and Tobacco Trust Fund. 
1750         (c) A special license is valid for 3 days after the 
1751  effective date and time of its effective date and time as set by 
1752  the division. A license issued under pursuant to this subsection 
1753  does not permit the licensee to sell alcoholic beverages for 
1754  consumption on the premises. 
1755         (d) A distributor may purchase packaged alcoholic beverages 
1756  at any sale specified in paragraph (a). 
1757         (13) Notwithstanding any other provision of law, any 
1758  license to sell or serve alcoholic beverages issued to a port 
1759  authority, as defined in s. 315.02, entitles that port 
1760  authority, or its the lessee or lessees which it may choose, to 
1761  sell and serve alcoholic beverages at any terminal within the 
1762  port jurisdictional boundaries upon annual payment of an annual 
1763  fee to the division of an annual fee equivalent to the annual 
1764  license fee for each sales or service location. However, any 
1765  lessees chosen by the port authority must shall meet the 
1766  criteria for licensure for sales and service of alcoholic 
1767  beverages. 
1768         Section 39. For the purpose of incorporating the amendment 
1769  made by this act to section 455.227, Florida Statutes, in a 
1770  reference thereto, paragraph (a) of subsection (2) of section 
1771  468.436, Florida Statutes, is reenacted to read: 
1772         468.436 Disciplinary proceedings.— 
1773         (2) The following acts constitute grounds for which the 
1774  disciplinary actions in subsection (4) may be taken: 
1775         (a) Violation of any provision of s. 455.227(1). 
1776         Section 40. For the purpose of incorporating the amendment 
1777  made by this act to section 455.227, Florida Statutes, in a 
1778  reference thereto, subsection (1) of section 468.832, Florida 
1779  Statutes, is reenacted to read: 
1780         468.832 Disciplinary proceedings.— 
1781         (1) The following acts constitute grounds for which the 
1782  disciplinary actions in subsection (2) may be taken: 
1783         (a) Violation of any provision of this part or s. 
1784  455.227(1); 
1785         (b) Attempting to procure a license to practice home 
1786  inspection services by bribery or fraudulent misrepresentation; 
1787         (c) Having a license to practice home inspection services 
1788  revoked, suspended, or otherwise acted against, including the 
1789  denial of licensure, by the licensing authority of another 
1790  state, territory, or country; 
1791         (d) Being convicted or found guilty of, or entering a plea 
1792  of nolo contendere to, regardless of adjudication, a crime in 
1793  any jurisdiction that directly relates to the practice of home 
1794  inspection services or the ability to practice home inspection 
1795  services; 
1796         (e) Making or filing a report or record that the licensee 
1797  knows to be false, willfully failing to file a report or record 
1798  required by state or federal law, willfully impeding or 
1799  obstructing such filing, or inducing another person to impede or 
1800  obstruct such filing. Such reports or records shall include only 
1801  those that are signed in the capacity of a licensed home 
1802  inspector; 
1803         (f) Advertising goods or services in a manner that is 
1804  fraudulent, false, deceptive, or misleading in form or content; 
1805         (g) Engaging in fraud or deceit, or negligence, 
1806  incompetency, or misconduct, in the practice of home inspection 
1807  services; 
1808         (h) Failing to perform any statutory or legal obligation 
1809  placed upon a licensed home inspector; violating any provision 
1810  of this chapter, a rule of the department, or a lawful order of 
1811  the department previously entered in a disciplinary hearing; or 
1812  failing to comply with a lawfully issued subpoena of the 
1813  department; or 
1814         (i) Practicing on a revoked, suspended, inactive, or 
1815  delinquent license. 
1816         Section 41. For the purpose of incorporating the amendment 
1817  made by this act to section 455.227, Florida Statutes, in a 
1818  reference thereto, subsection (1) of section 468.842, Florida 
1819  Statutes, is reenacted to read: 
1820         468.842 Disciplinary proceedings.— 
1821         (1) The following acts constitute grounds for which the 
1822  disciplinary actions in subsection (2) may be taken: 
1823         (a) Violation of any provision of this part or s. 
1824  455.227(1); 
1825         (b) Attempting to procure a license to practice mold 
1826  assessment or mold remediation by bribery or fraudulent 
1827  misrepresentations; 
1828         (c) Having a license to practice mold assessment or mold 
1829  remediation revoked, suspended, or otherwise acted against, 
1830  including the denial of licensure, by the licensing authority of 
1831  another state, territory, or country; 
1832         (d) Being convicted or found guilty of, or entering a plea 
1833  of nolo contendere to, regardless of adjudication, a crime in 
1834  any jurisdiction that directly relates to the practice of mold 
1835  assessment or mold remediation or the ability to practice mold 
1836  assessment or mold remediation; 
1837         (e) Making or filing a report or record that the licensee 
1838  knows to be false, willfully failing to file a report or record 
1839  required by state or federal law, willfully impeding or 
1840  obstructing such filing, or inducing another person to impede or 
1841  obstruct such filing. Such reports or records shall include only 
1842  those that are signed in the capacity of a registered mold 
1843  assessor or mold remediator; 
1844         (f) Advertising goods or services in a manner that is 
1845  fraudulent, false, deceptive, or misleading in form or content; 
1846         (g) Engaging in fraud or deceit, or negligence, 
1847  incompetency, or misconduct, in the practice of mold assessment 
1848  or mold remediation; 
1849         (h) Failing to perform any statutory or legal obligation 
1850  placed upon a licensed mold assessor or mold remediator; 
1851  violating any provision of this chapter, a rule of the 
1852  department, or a lawful order of the department previously 
1853  entered in a disciplinary hearing; or failing to comply with a 
1854  lawfully issued subpoena of the department; or 
1855         (i) Practicing on a revoked, suspended, inactive, or 
1856  delinquent license. 
1857         Section 42. For the purpose of incorporating the amendment 
1858  made by this act to section 455.227, Florida Statutes, in a 
1859  reference thereto, paragraph (a) of subsection (1) of section 
1860  471.033, Florida Statutes, is reenacted to read: 
1861         471.033 Disciplinary proceedings.— 
1862         (1) The following acts constitute grounds for which the 
1863  disciplinary actions in subsection (3) may be taken: 
1864         (a) Violating any provision of s. 455.227(1), s. 471.025, 
1865  or s. 471.031, or any other provision of this chapter or rule of 
1866  the board or department. 
1867         Section 43. For the purpose of incorporating the amendment 
1868  made by this act to section 455.227, Florida Statutes, in a 
1869  reference thereto, paragraph (a) of subsection (1) of section 
1870  473.323, Florida Statutes, is reenacted to read: 
1871         473.323 Disciplinary proceedings.— 
1872         (1) The following acts constitute grounds for which the 
1873  disciplinary actions in subsection (3) may be taken: 
1874         (a) Violation of any provision of s. 455.227(1) or any 
1875  other provision of this chapter. 
1876         Section 44. For the purpose of incorporating the amendment 
1877  made by this act to section 455.227, Florida Statutes, in a 
1878  reference thereto, paragraph (a) of subsection (1) of section 
1879  475.25, Florida Statutes, is reenacted to read: 
1880         475.25 Discipline.— 
1881         (1) The commission may deny an application for licensure, 
1882  registration, or permit, or renewal thereof; may place a 
1883  licensee, registrant, or permittee on probation; may suspend a 
1884  license, registration, or permit for a period not exceeding 10 
1885  years; may revoke a license, registration, or permit; may impose 
1886  an administrative fine not to exceed $5,000 for each count or 
1887  separate offense; and may issue a reprimand, and any or all of 
1888  the foregoing, if it finds that the licensee, registrant, 
1889  permittee, or applicant: 
1890         (a) Has violated any provision of s. 455.227(1) or s. 
1891  475.42. However, licensees under this part are exempt from the 
1892  provisions of s. 455.227(1)(i). 
1893         Section 45. For the purpose of incorporating the amendment 
1894  made by this act to section 455.227, Florida Statutes, in a 
1895  reference thereto, subsection (1) of section 475.624, Florida 
1896  Statutes, is reenacted to read: 
1897         475.624 Discipline.—The board may deny an application for 
1898  registration or certification; may investigate the actions of 
1899  any appraiser registered, licensed, or certified under this 
1900  part; may reprimand or impose an administrative fine not to 
1901  exceed $5,000 for each count or separate offense against any 
1902  such appraiser; and may revoke or suspend, for a period not to 
1903  exceed 10 years, the registration, license, or certification of 
1904  any such appraiser, or place any such appraiser on probation, if 
1905  it finds that the registered trainee, licensee, or 
1906  certificateholder: 
1907         (1) Has violated any provisions of this part or s. 
1908  455.227(1); however, certificateholders, registrants, and 
1909  licensees under this part are exempt from the provisions of s. 
1910  455.227(1)(i). 
1911         Section 46. For the purpose of incorporating the amendment 
1912  made by this act to section 455.227, Florida Statutes, in a 
1913  reference thereto, paragraph (h) of subsection (1) of section 
1914  476.204, Florida Statutes, is reenacted to read: 
1915         476.204 Penalties.— 
1916         (1) It is unlawful for any person to: 
1917         (h) Violate any provision of s. 455.227(1), s. 476.194, or 
1918  s. 476.214. 
1919         Section 47. For the purpose of incorporating the amendment 
1920  made by this act to section 455.227, Florida Statutes, in a 
1921  reference thereto, paragraph (h) of subsection (1) of section 
1922  477.029, Florida Statutes, is reenacted to read: 
1923         477.029 Penalty.— 
1924         (1) It is unlawful for any person to: 
1925         (h) Violate any provision of s. 455.227(1), s. 477.0265, or 
1926  s. 477.028. 
1927         Section 48. For the purpose of incorporating the amendment 
1928  made by this act to section 455.227, Florida Statutes, in a 
1929  reference thereto, paragraph (a) of subsection (1) of section 
1930  481.225, Florida Statutes, is reenacted to read: 
1931         481.225 Disciplinary proceedings against registered 
1932  architects.— 
1933         (1) The following acts constitute grounds for which the 
1934  disciplinary actions in subsection (3) may be taken: 
1935         (a) Violating any provision of s. 455.227(1), s. 481.221, 
1936  or s. 481.223, or any rule of the board or department lawfully 
1937  adopted pursuant to this part or chapter 455. 
1938         Section 49. For the purpose of incorporating the amendment 
1939  made by this act to section 455.227, Florida Statutes, in a 
1940  reference thereto, paragraph (a) of subsection (1) of section 
1941  481.325, Florida Statutes, is reenacted to read: 
1942         481.325 Disciplinary proceedings.— 
1943         (1) The following acts constitute grounds for which the 
1944  disciplinary actions in subsection (3) may be taken: 
1945         (a) Violation of any provision of s. 455.227(1), s. 
1946  481.321, or s. 481.323. 
1947         Section 50. For the purpose of incorporating the amendment 
1948  made by this act to section 468.832, Florida Statutes, in a 
1949  reference thereto, subsection (2) of section 468.8314, Florida 
1950  Statutes, is reenacted to read: 
1951         468.8314 Licensure.— 
1952         (2) The department shall certify for licensure any 
1953  applicant who satisfies the requirements of s. 468.8313 and who 
1954  has passed the licensing examination. The department may refuse 
1955  to certify any applicant who has violated any of the provisions 
1956  of s. 468.832. 
1957         Section 51. This act shall take effect July 1, 2010.