Bill Text: FL S1330 | 2010 | Regular Session | Comm Sub
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-Comm_Sub.html
Florida Senate - 2010 CS for CS for SB 1330 By the Committees on General Government Appropriations; and Regulated Industries; and Senators Fasano and Altman 601-05199-10 20101330c2 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 assigning certain programs to regulation by the 5 department’s Division of Professions; amending ss. 6 215.37 and 455.017, F.S.; specifying that the 7 department is responsible for the regulation of 8 certain professions; amending s. 322.142, F.S.; 9 authorizing the Department of Highway Safety and Motor 10 Vehicles to issue reproductions of driver’s licenses 11 to the Department Business and Professional Regulation 12 pursuant to an interagency agreement for a specified 13 purpose; amending s. 455.02, F.S.; authorizing the 14 temporary professional licensure of the spouses of 15 active duty members of the United States Armed Forces 16 under certain circumstances; providing application 17 requirements; requiring criminal history checks and 18 fees; creating s. 455.2122, F.S.; authorizing distance 19 learning courses to satisfy certain licensing 20 education requirements for community association 21 managers and real estate brokers and sales associates; 22 prohibiting requirements for centralized examinations 23 to complete such education requirements; amending s. 24 455.2123, F.S.; authorizing distance learning courses 25 to satisfy certain continuing education requirements 26 for community association managers, home inspectors, 27 mold assessors and remediators, and real estate 28 brokers, sales associates, and appraisers; prohibiting 29 requirements for centralized examinations to complete 30 such education requirements; amending s. 455.213, 31 F.S.; requiring a licensee to surrender his or her 32 license under certain circumstances; amending s. 33 455.217, F.S.; revising the departmental unit 34 responsible for administration of certain 35 examinations; limiting an applicant’s review of failed 36 examination questions; amending s. 455.2175, F.S.; 37 prohibiting an examinee whose examination materials 38 are confiscated from taking another examination under 39 certain circumstances; repealing s. 455.2226, F.S., 40 relating to continuing education courses on HIV and 41 AIDS required for licensees and certificateholders 42 under the Florida Funeral, Cemetery, and Consumer 43 Services Act; amending s. 455.227, F.S.; revising 44 grounds for the discipline of professional licensees; 45 providing penalties; amending s. 455.228, F.S.; 46 revising terminology for cease and desist notices; 47 amending s. 455.275, F.S.; providing for the service 48 of administrative complaints on certain licensees and 49 publication of certain notices; amending s. 468.83, 50 F.S.; creating the home inspection services licensing 51 program within the department; amending s. 468.8311, 52 F.S.; revising the definition of the term “home 53 inspection services” for purposes of provisions 54 regulating home inspectors; amending s. 468.8312, 55 F.S.; deleting limits on fees for certificates of 56 authorization to conform to changes made by the act; 57 amending s. 468.8313, F.S.; requiring home inspector 58 license applicants to satisfy certain examination 59 requirements before application for licensure; 60 requiring criminal history checks and fees; amending 61 s. 468.8318, F.S.; deleting requirements for 62 certificates of authorization for corporations or 63 partnerships offering home inspection services; 64 amending s. 468.8319, F.S.; prohibiting certain acts 65 relating to home inspection services; delaying 66 implementation of certain prohibited acts; providing 67 penalties; exempting from punishment certain 68 unlicensed activity occurring before a specified date; 69 amending s. 468.832, F.S.; providing an additional 70 ground for discipline of licensed home inspectors; 71 amending s. 468.8324, F.S.; extending the time for 72 licensure of home inspectors under certain grandfather 73 provisions; revising the licensing criteria for such 74 provisions; authorizing the department to investigate 75 the validity of home inspection reports submitted for 76 licensure under the grandfather provisions; providing 77 penalties for the submission of false reports; 78 creating s. 468.8325, F.S.; requiring the department 79 to adopt rules; amending s. 468.84, F.S.; creating the 80 mold-related services licensing program within the 81 department; amending s. 468.8412, F.S.; deleting 82 limits on fees for certificates of authorization to 83 conform to changes made by the act; amending s. 84 468.8413, F.S.; requiring mold assessor and mold 85 remediator license applicants to satisfy certain 86 examination requirements before application for 87 licensure; revising the educational requirements for 88 licensure as a mold assessor or mold remediator; 89 requiring criminal history checks and fees; amending 90 s. 468.8414, F.S.; specifying that certain insurance 91 coverage is required for licensure by endorsement; 92 amending s. 468.8418, F.S.; deleting requirements for 93 certificates of authorization for corporations or 94 partnerships offering mold-related services; amending 95 s. 468.8419, F.S.; prohibiting certain acts relating 96 to mold assessment and remediation; delaying 97 implementation of certain prohibited acts; providing 98 penalties; exempting from punishment certain 99 unlicensed activity occurring before a specified date; 100 amending s. 468.842, F.S.; providing an additional 101 ground for the discipline of licensed mold assessors 102 and mold remediators; amending s. 468.8421, F.S.; 103 revising insurance coverage requirements for mold 104 assessors; amending s. 468.8423, F.S.; extending the 105 time for licensure of mold assessors and mold 106 remediators under certain grandfather provisions; 107 revising the licensing criteria for such provisions; 108 authorizing the department to investigate the validity 109 of mold assessments and remediation invoices submitted 110 for licensure under the grandfather provisions; 111 providing penalties for the submission of false 112 assessments or invoices; creating s. 468.8424, F.S.; 113 requiring the department to adopt rules; amending s. 114 474.203, F.S.; revising certain exemptions from 115 regulation of veterinary medical practice; amending s. 116 475.02, F.S.; authorizing certain members of the 117 Florida Real Estate Commission to offer, conduct, and 118 teach courses prescribed or approved by the commission 119 or the department; amending s. 475.175, F.S.; revising 120 the application and fingerprint requirements for real 121 estate broker and sales associate licenses; deleting a 122 requirement that license applicants provide 123 fingerprints in an electronic format; amending s. 124 475.613, F.S.; revising qualifications of members of 125 the Florida Real Estate Appraisal Board; authorizing 126 certain board members to offer, conduct, and teach 127 courses prescribed or approved by the board or the 128 department; amending s. 477.019, F.S.; deleting time 129 limits for cosmetology license applicants to take the 130 licensure examination; conforming a cross-reference; 131 amending s. 509.211, F.S.; assigning responsibility 132 for the regulation of carbon monoxide hazards in 133 certain public lodging establishments to the Division 134 of State Fire Marshal of the Department of Financial 135 Services; creating s. 548.076, F.S.; authorizing the 136 Department of Business and Professional Regulation to 137 issue and enforce notices to cease and desist from 138 violations of provisions regulating pugilistic 139 exhibitions; providing penalties; amending s. 561.17, 140 F.S.; revising application requirements for alcoholic 141 beverage licenses; reenacting ss. 468.436(2)(a), 142 468.832(1)(a), 468.842(1)(a), 471.033(1)(a), 143 473.323(1)(a), 475.25(1)(a), 475.624(1), 144 476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and 145 481.325(1)(a), F.S., relating to disciplinary 146 proceedings for community association managers, home 147 inspectors, mold assessors, mold remediators, 148 engineers, certified public accountants, real estate 149 brokers and sales associates, real estate appraisers, 150 barbers, cosmetologists, architects, and landscape 151 architects, to incorporate the amendment made to s. 152 455.227, F.S., in references thereto; reenacting s. 153 468.8314(2), F.S., relating to the licensure of home 154 inspectors, to incorporate the amendment made to s. 155 468.832, F.S., in a reference thereto; providing an 156 effective date. 157 158 Be It Enacted by the Legislature of the State of Florida: 159 160 Section 1. Subsection (4) of section 20.165, Florida 161 Statutes, is amended to read: 162 20.165 Department of Business and Professional Regulation. 163 There is created a Department of Business and Professional 164 Regulation. 165 (4)(a) The following boards and programs are established 166 within the Division of Professions: 167 1. Board of Architecture and Interior Design, created under 168 part I of chapter 481. 169 2. Florida Board of Auctioneers, created under part VI of 170 chapter 468. 171 3. Barbers’ Board, created under chapter 476. 172 4. Florida Building Code Administrators and Inspectors 173 Board, created under part XII of chapter 468. 174 5. Construction Industry Licensing Board, created under 175 part I of chapter 489. 176 6. Board of Cosmetology, created under chapter 477. 177 7. Electrical Contractors’ Licensing Board, created under 178 part II of chapter 489. 179 8. Board of Employee Leasing Companies, created under part 180 XI of chapter 468. 181 9. Board of Landscape Architecture, created under part II 182 of chapter 481. 183 10. Board of Pilot Commissioners, created under chapter 184 310. 185 11. Board of Professional Engineers, created under chapter 186 471. 187 12. Board of Professional Geologists, created under chapter 188 492. 189 13. Board of Veterinary Medicine, created under chapter 190 474. 191 14. Home inspection services licensing program, created 192 under part XV of chapter 468. 193 15. Mold-related services licensing program, created under 194 part XVI of chapter 468. 195 (b) The following board and commission are established 196 within the Division of Real Estate: 197 1. Florida Real Estate Appraisal Board, created under part 198 II of chapter 475. 199 2. Florida Real Estate Commission, created under part I of 200 chapter 475. 201 (c) The following board is established within the Division 202 of Certified Public Accounting: 2031.Board of Accountancy, created under chapter 473. 204 Section 2. Subsection (2) of section 215.37, Florida 205 Statutes, is amended to read: 206 215.37 Department of Business and Professional Regulation 207 and the boards to be financed from fees collected; deposit of 208 funds; service charge; appropriation.— 209 (2) The regulationby the departmentof professions,as 210 defined in s. 455.01 by the departmentchapter 455,shall be 211 financed solely from revenue collected by it from fees and other 212 charges and deposited in the Professional Regulation Trust Fund, 213 and all such revenue is hereby appropriated to the department. 214 However, it is legislative intent that each profession shall 215 operate within its anticipated fees. 216 Section 3. Subsection (4) of section 322.142, Florida 217 Statutes, is amended to read: 218 322.142 Color photographic or digital imaged licenses.— 219 (4) The department may maintain a film negative or print 220 file. The department shall maintain a record of the digital 221 image and signature of the licensees, together with other data 222 required by the department for identification and retrieval. 223 Reproductions from the file or digital record are exempt from 224 the provisions of s. 119.07(1) and shall be made and issued only 225 for departmental administrative purposes; for the issuance of 226 duplicate licenses; in response to law enforcement agency 227 requests; to the Department of Business and Professional 228 Regulation pursuant to an interagency agreement for the purpose 229 of accessing digital images for reproduction of licenses issued 230 by the Department of Business and Professional Regulation; to 231 the Department of State pursuant to an interagency agreement to 232 facilitate determinations of eligibility of voter registration 233 applicants and registered voters in accordance with ss. 98.045 234 and 98.075; to the Department of Revenue pursuant to an 235 interagency agreement for use in establishing paternity and 236 establishing, modifying, or enforcing support obligations in 237 Title IV-D cases; to the Department of Children and Family 238 Services pursuant to an interagency agreement to conduct 239 protective investigations under part III of chapter 39; or to 240 the Department of Financial Services pursuant to an interagency 241 agreement to facilitate the location of owners of unclaimed 242 property, the validation of unclaimed property claims, and the 243 identification of fraudulent or false claims. 244 Section 4. Section 455.017, Florida Statutes, is amended to 245 read: 246 455.017 Applicability of this chapter.—The provisions of247 This chapter appliesapplyonly to the regulationby the248departmentof professions by the department. 249 Section 5. Section 455.02, Florida Statutes, is amended to 250 read: 251 455.02 Licensure of members of the Armed Forces in good 252 standing with administrative boards and their spouses.— 253 (1) Any member of the Armed Forces of the United States now 254 or hereafter on active duty who, at the time of becoming such a 255 member, was in good standing with any administrative board of 256 the state and was entitled to practice or engage in his or her 257 profession or vocation in the state shall be kept in good 258 standing by such administrative board, without registering, 259 paying dues or fees, or performing any other act on his or her 260 part to be performed, as long as he or she is a member of the 261 Armed Forces of the United States on active duty and for a 262 period of 6 months after discharge from active duty as a member 263 of the Armed Forces of the United States, ifprovidedhe or she 264 is not engaged in his or her licensed profession or vocation in 265 the private sector for profit. 266 (2) The boards listed in s. 20.165 shall adoptpromulgate267 rules that exemptexemptingthe spousespousesof a member 268membersof the Armed Forces of the United States from licensure 269 renewal provisions, but only in cases of his or her absence from 270 the state because of his or her spouse’stheir spouses’duties 271 with the Armed Forces. 272 (3)(a) The department may issue a temporary professional 273 license to the spouse of an active duty member of the Armed 274 Forces of the United States if the spouse applies to the 275 department in the format prescribed by the department. An 276 application must include: 277 1. Proof that the applicant is married to a member of the 278 Armed Forces of the United States who is on active duty. 279 2. Proof that the applicant holds a valid license for the 280 profession issued by another state, the District of Columbia, 281 any possession or territory of the United States, or any foreign 282 jurisdiction. 283 3. Proof that the applicant’s spouse is assigned to a duty 284 station in this state and that the applicant is also assigned to 285 a duty station in this state pursuant to the member’s official 286 active duty military orders. 287 4. Proof that a complete set of the applicant’s 288 fingerprints are submitted to the Department of Law Enforcement 289 for a statewide criminal history check. The Department of Law 290 Enforcement shall forward the fingerprints to the Federal Bureau 291 of Investigation for a national criminal history check. The 292 department shall, and the board may, review the results of the 293 criminal history checks according to the level 2 screening 294 standards in s. 435.04 and determine whether the applicant meets 295 the licensure requirements. The costs of fingerprint processing 296 shall be borne by the applicant. If the applicant’s fingerprints 297 are submitted through an authorized agency or vendor, the agency 298 or vendor shall collect the required processing fees and remit 299 the fees to the Department of Law Enforcement. 300 (b) An application must be accompanied by an application 301 fee prescribed by the department that is sufficient to cover the 302 cost of issuance of the temporary license. 303 (c) A temporary license expires 6 months after the date of 304 issuance and is not renewable. 305 Section 6. Section 455.2122, Florida Statutes, is created 306 to read: 307 455.2122 Education.—A board, or the department when there 308 is no board, shall approve distance learning courses as an 309 alternative to classroom courses to satisfy prelicensure or 310 postlicensure education requirements in part VIII of chapter 468 311 or part I of chapter 475. A board, or the department when there 312 is no board, may not require centralized examinations for 313 completion of prelicensure or postlicensure education 314 requirements for professions licensed under part VIII of chapter 315 468 or part I of chapter 475. 316 Section 7. Section 455.2123, Florida Statutes, is amended 317 to read: 318 455.2123 Continuing education.—A board, or the department 319 when there is no board, may provide by rule that distance 320 learning may be used to satisfy continuing education 321 requirements. A board, or the department when there is no board, 322 shall approve distance learning courses as an alternative to 323 classroom courses to satisfy continuing education requirements 324 in part VIII, part XV, or part XVI of chapter 468 or part I or 325 part II of chapter 475 and may not require centralized 326 examinations for completion of continuing education requirements 327 for the professions licensed under part VIII, part XV, or part 328 XVI of chapter 468 or part I or part II of chapter 475. 329 Section 8. Subsection (2) of section 455.213, Florida 330 Statutes, is amended to read: 331 455.213 General licensing provisions.— 332 (2) Before the issuance of any license, the department may 333 charge an initial license fee as determined by rule of the 334 applicable board or, if no such board exists, by rule of the 335 department. Upon receipt of the appropriate license fee, except 336 as provided in subsection (3), the department shall issue a 337 license to any person certified by the appropriate board, or its 338 designee, or the department when there is no board, as having 339 met the applicable requirements imposed by law or rule. However, 340 an applicant who is not otherwise qualified for licensure is not 341 entitled to licensure solely based on a passing score on a 342 required examination. Upon a determination by the department 343 that it erroneously issued a license, or upon the revocation of 344 a license by the applicable board, or by the department when 345 there is no board, the licensee must surrender his or her 346 license to the department. 347 Section 9. Subsections (1) and (3) of section 455.217, 348 Florida Statutes, are amended to read: 349 455.217 Examinations.—This section shall be read in 350 conjunction with the appropriate practice act associated with 351 each regulated profession under this chapter. 352 (1) The Division of ProfessionsService Operationsof the 353 Department of Business and Professional Regulation shall 354 provide, contract, or approve services for the development, 355 preparation, administration, scoring, score reporting, and 356 evaluation of all examinations. The division shall seek the 357 advice of the appropriate board in providing such services. 358 (a) The department, acting in conjunction with the Division 359 of Service Operations, the Division of Professions, and the 360 Division of Real Estate, as appropriate, shall ensure that 361 examinations adequately and reliably measure an applicant’s 362 ability to practice the profession regulated by the department. 363 After an examination developed or approved by the department has 364 been administered, the board or department may reject any 365 question which does not reliably measure the general areas of 366 competency specified in the rules of the board or department, 367 when there is no board. The department shall use qualified 368 outside testing vendors for the development, preparation, and 369 evaluation of examinations, when such services are economically 370 and viably available and approved by the department. 371 (b) For each examination developed by the department or 372 contracted vendor, to the extent not otherwise specified by 373 statute, the board or the department when there is no board, 374 shall by rule specify the general areas of competency to be 375 covered by the examination, the relative weight to be assigned 376 in grading each area tested, the score necessary to achieve a 377 passing grade, and the fees, where applicable, to cover the 378 actual cost for any purchase, development, and administration of 379 the required examination. However, statutory fee caps in each 380 practice act shall apply. This subsection does not apply to 381 national examinations approved and administered pursuant to 382 paragraph (d). 383 (c) If a practical examination is deemed to be necessary, 384 rules shall specify the criteria by which examiners are to be 385 selected, the grading criteria to be used by the examiner, the 386 relative weight to be assigned in grading each criterion, and 387 the score necessary to achieve a passing grade. When a mandatory 388 standardization exercise for a practical examination is required 389 by law, the board may conduct such exercise. Therefore, board 390 members may serve as examiners at a practical examination with 391 the consent of the board. 392 (d) A board, or the department when there is no board, may 393 approve by rule the use of any national examination which the 394 department has certified as meeting requirements of national 395 examinations and generally accepted testing standards pursuant 396 to department rules. Providers of examinations, which may be 397 either profit or nonprofit entities, seeking certification by 398 the department shall pay the actual costs incurred by the 399 department in making a determination regarding the 400 certification. The department shall use any national examination 401 which is available, certified by the department, and approved by 402 the board. The name and number of a candidate may be provided to 403 a national contractor for the limited purpose of preparing the 404 grade tape and information to be returned to the board or 405 department or, to the extent otherwise specified by rule, the 406 candidate may apply directly to the vendor of the national 407 examination. The department may delegate to the board the duty 408 to provide and administer the examination. Any national 409 examination approved by a board, or the department when there is 410 no board, prior to October 1, 1997, is deemed certified under 411 this paragraph. Any licensing or certification examination that 412 is not developed or administered by the department in-house or 413 provided as a national examination shall be competitively bid. 414 (e) The department shall adopt rules regarding the security 415 and monitoring of examinations. In order to maintain the 416 security of examinations, the department may employ the 417 procedures set forth in s. 455.228 to seek fines and injunctive 418 relief against an examinee who violates the provisions of s. 419 455.2175 or the rules adopted pursuant to this paragraph. The 420 department, or any agent thereof, may, for the purposes of 421 investigation, confiscate any written, photographic, or 422 recording material or device in the possession of the examinee 423 at the examination site which the department deems necessary to 424 enforce such provisions or rules. 425 (f) If the professional board with jurisdiction over an 426 examination concurs, the department may, for a fee, share with 427 any other state’s licensing authority an examination developed 428 by or for the department unless prohibited by a contract entered 429 into by the department for development or purchase of the 430 examination. The department, with the concurrence of the 431 appropriate board, shall establish guidelines that ensure 432 security of a shared exam and shall require that any other 433 state’s licensing authority comply with those guidelines. Those 434 guidelines shall be approved by the appropriate professional 435 board. All fees paid by the user shall be applied to the 436 department’s examination and development program for professions 437 regulated by this chapter. All fees paid by the user for 438 professions not regulated by this chapter shall be applied to 439 offset the fees for the development and administration of that 440 profession’s examination. If both a written and a practical 441 examination are given, an applicant shall be required to retake 442 only the portion of the examination for which he or she failed 443 to achieve a passing grade, if he or she successfully passes 444 that portion within a reasonable time of his or her passing the 445 other portion. 446 (3) Except for national examinations approved and 447 administered pursuant to paragraph (1)(d), the department shall 448 provide procedures for applicants who have taken and failed an 449 examination developed by the department or a contracted vendor 450 to review their most recently administered examination 451 questions, answers, papers, grades, and grading key for the 452 questions the candidate answered incorrectly or, if not 453 feasible, the parts of the examination failed. Applicants shall 454 bear the actual cost for the department to provide examination 455 review pursuant to this subsection. An applicant may waive in 456 writing the confidentiality of his or her examination grades. 457 Section 10. Section 455.2175, Florida Statutes, is amended 458 to read: 459 455.2175 Penalty for theft or reproduction of an 460 examination.—In addition to, or in lieu of, any other discipline 461 imposed pursuant to s. 455.227, the theft of an examination in 462 whole or in part or the act of reproducing or copying any 463 examination administered by the department, whether such 464 examination is reproduced or copied in part or in whole and by 465 any means, constitutes a felony of the third degree, punishable 466 as provided in s. 775.082, s. 775.083, or s. 775.084. An 467 examinee whose examination materials are confiscated is not 468 permitted to take another examination until the criminal 469 investigation reveals that the examinee did not violate this 470 section. 471 Section 11. Section 455.2226, Florida Statutes, is 472 repealed. 473 Section 12. Paragraph (c) of subsection (1) of section 474 455.227, Florida Statutes, is amended to read: 475 455.227 Grounds for discipline; penalties; enforcement.— 476 (1) The following acts shall constitute grounds for which 477 the disciplinary actions specified in subsection (2) may be 478 taken: 479 (c) Being convicted or found guilty of, or entering a plea 480 of guilty or nolo contendere to, regardless of adjudication, a 481 crime in any jurisdiction which relates to the practice of, or 482 the ability to practice, a licensee’s profession. 483 Section 13. Subsection (1) of section 455.228, Florida 484 Statutes, is amended to read: 485 455.228 Unlicensed practice of a profession; cease and 486 desist notice; civil penalty; enforcement; citations; allocation 487 of moneys collected.— 488 (1) When the department has probable cause to believe that 489 any person not licensed by the department, or the appropriate 490 regulatory board within the department, has violated any 491 provision of this chapter or any statute that relates to the 492 practice of a profession regulated by the department, or any 493 rule adopted pursuant thereto, the department may issue and 494 deliver to such person a notice to cease and desist from such 495 violation. In addition, the department may issue and deliver a 496 notice to cease and desist to any person who aids and abets the 497 unlicensed practice of a profession by employing such unlicensed 498 person. The issuance of a notice to cease and desist shall not 499 constitute agency action for which a hearing under ss. 120.569 500 and 120.57 may be sought. For the purpose of enforcing a cease 501 and desist noticeorder, the department may file a proceeding in 502 the name of the state seeking issuance of an injunction or a 503 writ of mandamus against any person who violates any provisions 504 of such noticeorder. In addition to the foregoing remedies, the 505 department may impose an administrative penalty not to exceed 506 $5,000 per incident pursuant to the provisions of chapter 120 or 507 may issue a citation pursuant to the provisions of subsection 508 (3). If the department is required to seek enforcement of the 509 noticeorderfor a penalty pursuant to s. 120.569, it shall be 510 entitled to collect its attorney’s fees and costs, together with 511 any cost of collection. 512 Section 14. Subsection (3) is added to section 455.275, 513 Florida Statutes, to read: 514 455.275 Address of record.— 515 (3)(a) Notwithstanding any provision of law, when an 516 administrative complaint is served on a licensee of the 517 department, the department shall provide service by regular mail 518 to the licensee’s last known address of record, by certified 519 mail to the last known address of record, and, if possible, by 520 e-mail. 521 (b) If service, as provided in paragraph (a), does not 522 provide the department with proof of service, the department 523 shall call the last known telephone number of record and cause a 524 short, plain notice to the licensee to be published once each 525 week for 4 consecutive weeks in a newspaper published in the 526 county of the licensee’s last known address of record. If a 527 newspaper is not published in the county, the administrative 528 complaint may be published in a newspaper of general circulation 529 in the county. If the licensee’s last known address is located 530 in another state or in a foreign jurisdiction, the 531 administrative complaint may be published in Leon County 532 pursuant to s. 120.60(5). 533 Section 15. Section 468.83, Florida Statutes, is amended to 534 read: 535 468.83 Home inspection services licensing program; 536 purpose.— 537 (1) There is created within the department the home 538 inspection services licensing program. 539 (2) The Legislature recognizes that there is a need to 540 require the licensing of home inspectors and to ensure that 541 consumers of home inspection services can rely on the competence 542 of home inspectors, as determined by educational and experience 543 requirements and testing. Therefore, the Legislature deems it 544 necessary in the interest of the public welfare to regulate home 545 inspectors in this state. 546 Section 16. Subsection (4) of section 468.8311, Florida 547 Statutes, is amended to read: 548 468.8311 Definitions.—As used in this part, the term: 549 (4) “Home inspection services” means a limited visual 550 examination ofone or more ofthe following readily accessible 551 installed systems and components of a home: the structure, 552 electrical system, HVAC system, roof covering, plumbing system, 553 interior components, exterior components, and site conditions 554 that affect the structure, for the purposes of providing a 555 written professional opinion of the condition of the home. 556 Section 17. Subsections (5) through (8) of section 557 468.8312, Florida Statutes, are renumbered as subsections (4) 558 through (7), respectively, and present subsection (4) of that 559 section is amended to read: 560 468.8312 Fees.— 561(4) The fee for a certificate of authorization shall not562exceed $125.563 Section 18. Subsections (1) and (2) of section 468.8313, 564 Florida Statutes, are amended, and paragraph (d) is added to 565 subsection (5) of that section, to read: 566 468.8313 Examinations.— 567 (1) A person desiring to be licensed as a home inspector 568 mustshallapply to the department after satisfying the 569 examination requirements of this partto take a licensure570examination. 571 (2) An applicant mayshall be entitled to take the572licensure examination for the purpose of determining whether he573or she is qualified topractice in this state as a home 574 inspector if he or she passes the required examination,the575applicantis of good moral character, and completeshas576completeda course of study of at leastno less than120 hours 577 that covers all of the following components of a home: 578 structure, electrical system, HVAC system, roof covering, 579 plumbing system, interior components, exterior components, and 580 site conditions that affect the structure. 581 (5) 582 (d) An applicant for a license shall submit, together with 583 the application, a complete set of electronic fingerprints to 584 the department. The department shall submit the fingerprints to 585 the Department of Law Enforcement for state processing, and the 586 Department of Law Enforcement shall forward the fingerprints to 587 the Federal Bureau of Investigation for national processing, to 588 determine whether the applicant has a criminal history record. 589 The department shall review the background results to determine 590 whether the applicant meets licensure requirements. The 591 applicant is responsible for the costs associated with 592 processing the fingerprints. The authorized agencies or vendors 593 shall collect such fees and pay for the processing costs due to 594 the Department of Law Enforcement. 595 Section 19. Section 468.8318, Florida Statutes, is amended 596 to read: 597 468.8318 Certification of corporations and partnerships.— 598(1) The department shall issue a certificate of599authorization to a corporation or partnership offering home600inspection services to the public if the corporation or601partnership satisfies all of the requirements of this part.602(2)The practice of or the offer to practice home 603 inspection services by licensees through a corporation or 604 partnership offering home inspection services to the public, or 605 by a corporation or partnership offering such services to the 606 public through licensees under this part as agents, employees, 607 officers, or partners, is permitted subject to the provisions of 608 this part, provided that all personnel of the corporation or 609 partnership who act in its behalf as home inspectors in this 610 state are licensed as provided by this part; and further611provided that the corporation or partnership has been issued a612certificate of authorization by the department as provided in613this section. Nothing in this section shall be construed to 614 allow a corporation to hold a license to practice home 615 inspection services. No corporation or partnership shall be 616 relieved of responsibility for the conduct or acts of its 617 agents, employees, or officers by reason of its compliance with 618 this section, nor shall any individual practicing home 619 inspection services be relieved of responsibility for 620 professional services performed by reason of his or her 621 employment or relationship with a corporation or partnership. 622(3) For the purposes of this section, a certificate of623authorization shall be required for a corporation, partnership,624association, or person practicing under a fictitious name and625offering home inspection services to the public; however, when626an individual is practicing home inspection services in his or627her own given name, he or she shall not be required to register628under this section.629(4) Each certificate of authorization shall be renewed630every 2 years. Each partnership and corporation certified under631this section shall notify the department within 1 month of any632change in the information contained in the application upon633which the certification is based.634(5) Disciplinary action against a corporation or635partnership shall be administered in the same manner and on the636same grounds as disciplinary action against a licensed home637inspector.638 Section 20. Section 468.8319, Florida Statutes, is amended 639 to read: 640 468.8319 Prohibitions; penalties.— 641 (1) A personhome inspector, a company that employs a home642inspector, or a company that is controlled by a company that643also has a financial interest in a company employing a home644inspectormay not: 645 (a) Effective July 1, 2011, practice or offer to practice 646 home inspection services unless the person has complied with the 647 provisions of this part; 648 (b) Effective July 1, 2011, use the name or title 649 “certified home inspector,” “registered home inspector,” 650 “licensed home inspector,” “home inspector,” “professional home 651 inspector,” or any combination thereof unless the person has 652 complied with the provisions of this part; 653 (c) Present as his or her own the license of another; 654 (d) Knowingly give false or forged evidence to the 655 department or an employee thereof; 656 (e) Use or attempt to use a license that has been suspended 657 or revoked; 658 (f) Perform or offer to perform, prior to closing, for any659additional fee,any repairs to a home on which the inspector or 660 the inspector’s company has prepared a home inspection report. 661 This paragraph does not apply to a home warranty company that is 662 affiliated with or retains a home inspector to perform repairs 663 pursuant to a claim made under a home warranty contract; 664 (g) Inspectfor a feeany property in which the inspector 665 or the inspector’s company has any financial or transfer 666 interest; 667 (h) Offer or deliver any compensation, inducement, or 668 reward to any broker or agent therefor for the referral of the 669 owner of the inspected property to the inspector or the 670 inspection company; or 671 (i) Accept an engagement to make an omission or prepare a 672 report in which the inspection itself, or the fee payable for 673 the inspection, is contingent upon either the conclusions in the 674 report, preestablished findings, or the close of escrow. 675 (2) Any person who is found to be in violation of any 676 provision of this section commits a misdemeanor of the first 677 degree, punishable as provided in s. 775.082 or s. 775.083. 678 (3) This section does not apply to unlicensed activity as 679 described in paragraph (1)(a), paragraph (1)(b), or s. 455.228 680 which occurs before July 1, 2011. 681 Section 21. Paragraph (j) is added to subsection (1) of 682 section 468.832, Florida Statutes, to read: 683 468.832 Disciplinary proceedings.— 684 (1) The following acts constitute grounds for which the 685 disciplinary actions in subsection (2) may be taken: 686 (j) Failing to meet any standard of practice adopted by 687 rule of the department. 688 Section 22. Section 468.8324, Florida Statutes, is amended 689 to read: 690 468.8324 Grandfather clause.— 691 (1) A person who performs home inspection services as 692 defined in this part may qualify for licensureto be licensedby 693 the department as a home inspector if the person submits his or 694 her application to the department by March 1, 2011, whether 695 postmarked or delivered by that date, and if the person:meets696the licensure requirements of this part by July 1, 2010.697 (a) Is certified as a home inspector by a state or national 698 association that requires, for such certification, successful 699 completion of a proctored examination on home inspection 700 services and completes at least 14 hours of verifiable education 701 on such services; or 702 (b) At the time of application, has at least 3 years of 703 experience as a home inspector and completes at least 14 hours 704 of verifiable education on home inspection services. To 705 establish the 3 years of experience, an applicant must submit at 706 least 120 home inspection reports prepared by the applicant. 707 (2) The department may investigate the validity of a home 708 inspection report submitted under paragraph (1)(b) and, if the 709 applicant submits a false report, may take disciplinary action 710 against the applicant under s. 468.832(1)(e) or (g). 711 (3) An applicant may not qualify for licensure under this 712 section if he or she has had a home inspector license or a 713 license in any related field revoked at any time or suspended 714 within the previous 5 years or has been assessed a fine that 715 exceeds $500 within the previous 5 years. For purposes of this 716 subsection, a license in a related field includes, but is not 717 limited to, licensure in real estate, construction, mold-related 718 services, or building code administration or inspection. 719 (4) An applicant for licensure under this section must 720 comply with the criminal history, good moral character, and 721 insurance requirements of this part. 722 Section 23. Section 468.8325, Florida Statutes, is created 723 to read: 724 468.8325 Rulemaking authority.—The department shall adopt 725 rules to administer this part. 726 Section 24. Section 468.84, Florida Statutes, is amended to 727 read: 728 468.84 Mold-related services licensing program; legislative 729 purpose.— 730 (1) There is created within the department the mold-related 731 services licensing program. 732 (2) The Legislature finds it necessary in the interest of 733 the public safety and welfare, to prevent damage to real and 734 personal property, to avert economic injury to the residents of 735 this state, and to regulate persons and companies that hold 736 themselves out to the public as qualified to perform mold 737 related services. 738 Section 25. Subsections (7) through (10) of section 739 468.8412, Florida Statutes, are renumbered as subsections (6) 740 through (9), respectively, and present subsection (6) of that 741 section is amended to read: 742 468.8412 Fees.— 743(6) The fee for a biennial certificate of authorization744renewal shall not exceed $400.745 Section 26. Subsections (1) and (2) of section 468.8413, 746 Florida Statutes, are amended, and paragraph (d) is added to 747 subsection (4) of that section, to read: 748 468.8413 Examinations.— 749 (1) A person desiring to be licensed as a mold assessor or 750 mold remediator mustshallapply to the department after 751 satisfying the examination requirements of this partto take a752licensure examination. 753 (2) An applicant mayshall be entitled to take the754licensure examination topractice in this state as a mold 755 assessor or mold remediator if he or she passes the required 756 examination,the applicantis of good moral character, and 757 completeshas satisfiedone of the following requirements: 758 (a)1. For a mold remediator, at least a 2-year associate of 759 arts degree, or the equivalent, with at least 30 semester hours 760 in microbiology, engineering, architecture, industrial hygiene, 761 occupational safety, or a related field of science from an 762 accredited institution and a minimum of 1 year of documented 763 field experience in a field related to mold remediation; or 764 2. A high school diploma or the equivalent with a minimum 765 of 4 years of documented field experience in a field related to 766 mold remediation. 767 (b)1. For a mold assessor, at least a 2-year associate of 768 arts degree, or the equivalent, with at least 30 semester hours 769 in microbiology, engineering, architecture, industrial hygiene, 770 occupational safety, or a related field of science from an 771 accredited institution and a minimum of 1 year of documented 772 field experience in conducting microbial sampling or 773 investigations; or 774 2. A high school diploma or the equivalent with a minimum 775 of 4 years of documented field experience in conducting 776 microbial sampling or investigations. 777 (4) 778 (d) An applicant for a license shall submit, together with 779 the application, a complete set of electronic fingerprints to 780 the department. The department shall submit the fingerprints to 781 the Department of Law Enforcement for state processing, and the 782 Department of Law Enforcement shall forward the fingerprints to 783 the Federal Bureau of Investigation for national processing, to 784 determine whether the applicant has a criminal history record. 785 The department shall review the background results to determine 786 whether the applicant meets licensure requirements. The 787 applicant is responsible for the costs associated with 788 processing the fingerprints. The authorized agencies or vendors 789 shall collect such fees and pay for the processing costs due to 790 the Department of Law Enforcement. 791 Section 27. Subsection (3) of section 468.8414, Florida 792 Statutes, is amended to read: 793 468.8414 Licensure.— 794 (3) The department shall certify as qualified for a license 795 by endorsement an applicant who is of good moral character, who 796 has the insurance coverage required under s. 468.8421, and who: 797 (a) Is qualified to take the examination as set forth in s. 798 468.8413 and has passed a certification examination offered by a 799 nationally recognized organization that certifies persons in the 800 specialty of mold assessment or mold remediation that has been 801 approved by the department as substantially equivalent to the 802 requirements of this part and s. 455.217; or 803 (b) Holds a valid license to practice mold assessment or 804 mold remediation issued by another state or territory of the 805 United States if the criteria for issuance of the license were 806 substantially the same as the licensure criteria that is 807 established by this part as determined by the department. 808 Section 28. Section 468.8418, Florida Statutes, is amended 809 to read: 810 468.8418 Certification of partnerships and corporations.— 811(1) The department shall issue a certificate of812authorization to a corporation or partnership offering mold813assessment or mold remediation services to the public if the814corporation or partnership satisfies all of the requirements of815this part.816(2)The practice of or the offer to practice mold 817 assessment or mold remediation by licensees through a 818 corporation or partnership offering mold assessment or mold 819 remediation to the public, or by a corporation or partnership 820 offering such services to the public through licensees under 821 this part as agents, employees, officers, or partners, is 822 permitted subject to the provisions of this part, provided that823the corporation or partnership has been issued a certificate of824authorization by the department as provided in this section. 825 Nothing in this section shall be construed to allow a 826 corporation to hold a license to practice mold assessment or 827 mold remediation. No corporation or partnership shall be 828 relieved of responsibility for the conduct or acts of its 829 agents, employees, or officers by reason of its compliance with 830 this section, nor shall any individual practicing mold 831 assessment or mold remediation be relieved of responsibility for 832 professional services performed by reason of his or her 833 employment or relationship with a corporation or partnership. 834(3) For the purposes of this section, a certificate of835authorization shall be required for a corporation, partnership,836association, or person practicing under a fictitious name,837offering mold assessment or mold remediation; however, when an838individual is practicing mold assessment or mold remediation839under his or her own given name, he or she shall not be required840to register under this section.841(4) Each certificate of authorization shall be renewed842every 2 years. Each partnership and corporation certified under843this section shall notify the department within 1 month of any844change in the information contained in the application upon845which the certification is based.846(5) Disciplinary action against a corporation or847partnership shall be administered in the same manner and on the848same grounds as disciplinary action against a licensed mold849assessor or mold remediator.850 Section 29. Section 468.8419, Florida Statutes, is amended 851 to read: 852 468.8419 Prohibitions; penalties.— 853 (1) A personmold assessor, a company that employs a mold854assessor, or a company that is controlled by a company that also855has a financial interest in a company employing a mold assessor856 may not: 857 (a) Effective July 1, 2011, perform or offer to perform any 858 mold assessment unless the mold assessor has documented training 859 in water, mold, and respiratory protection under s. 468.8414(2). 860 (b) Effective July 1, 2011, perform or offer to perform any 861 mold assessment unless the person has complied with the 862 provisions of this part. 863 (c) Use the name or title “certified mold assessor,” 864 “registered mold assessor,” “licensed mold assessor,” “mold 865 assessor,” “professional mold assessor,” or any combination 866 thereof unless the person has complied with the provisions of 867 this part. 868 (d) Perform or offer to perform any mold remediation to a 869 structure on which the mold assessor or the mold assessor’s 870 company provided a mold assessment within the last 12 months. 871 (e) Inspect for a fee any property in which the assessor or 872 the assessor’s company has any financial or transfer interest. 873 (f) Accept any compensation, inducement, or reward from a 874 mold remediator or mold remediator’s company for the referral of 875 any business to the mold remediator or the mold remediator’s 876 company. 877 (g) Offer any compensation, inducement, or reward to a mold 878 remediator or mold remediator’s company for the referral of any 879 business from the mold remediator or the mold remediator’s 880 company. 881 (h) Accept an engagement to make an omission of the 882 assessment or conduct an assessment in which the assessment 883 itself, or the fee payable for the assessment, is contingent 884 upon the conclusions of the assessment. 885 (2) A mold remediator, a company that employs a mold 886 remediator, or a company that is controlled by a company that 887 also has a financial interest in a company employing a mold 888 remediator may not: 889 (a) Perform or offer to perform any mold remediation unless 890 the remediator has documented training in water, mold, and 891 respiratory protection under s. 468.8414(2). 892 (b) Perform or offer to perform any mold remediation unless 893 the person has complied with the provisions of this part. 894 (c) Use the name or title “certified mold remediator,” 895 “registered mold remediator,” “licensed mold remediator,” “mold 896 remediator,” “professional mold remediator,” or any combination 897 thereof unless the person has complied with the provisions of 898 this part. 899 (d) Perform or offer to perform any mold assessment to a 900 structure on which the mold remediator or the mold remediator’s 901 company provided a mold remediation within the last 12 months. 902 (e) Remediate for a fee any property in which the mold 903 remediator or the mold remediator’s company has any financial or 904 transfer interest. 905 (f) Accept any compensation, inducement, or reward from a 906 mold assessor or mold assessor’s company for the referral of any 907 business from the mold assessor or the mold assessor’s company. 908 (g) Offer any compensation, inducement, or reward to a mold 909 assessor or mold assessor’s company for the referral of any 910 business from the mold assessor or the mold assessor’s company. 911 (3) Any person who violates any provision of this section 912 commits: 913 (a) A misdemeanor of the second degree for a first 914 violation, punishable as provided in s. 775.082 or s. 775.083. 915 (b) A misdemeanor of the first degree for a second 916 violation, punishable as provided in s. 775.082 or s. 775.083. 917 (c) A felony of the third degree for a third or subsequent 918 violation, punishable as provided in s. 775.082, s. 775.083, or 919 s. 775.084. 920 (4) This section does not apply to unlicensed activity as 921 described in paragraphs (1)(a)-(d) or s. 455.228 which occurs 922 before July 1, 2011. 923 Section 30. Paragraph (j) is added to subsection (1) of 924 section 468.842, Florida Statutes, to read: 925 468.842 Disciplinary proceedings.— 926 (1) The following acts constitute grounds for which the 927 disciplinary actions in subsection (2) may be taken: 928 (j) Failing to meet any standard of practice adopted by 929 rule of the department. 930 Section 31. Subsection (1) of section 468.8421, Florida 931 Statutes, is amended to read: 932 468.8421 Insurance.— 933 (1) A mold assessor shall maintain general liability and 934 errors and omissions for both preliminary and postremediation 935 mold assessment insurance coveragein an amountof at least $1 936 millionnot less than $1,000,000. 937 Section 32. Section 468.8423, Florida Statutes, is amended 938 to read: 939 468.8423 Grandfather clause.— 940 (1) A person who performs mold assessment or mold 941 remediation as defined in this part may qualify for licensureto942be licensedby the department as a mold assessor or mold 943 remediator if the person submits his or her application to the 944 department by March 1, 2011, whether postmarked or delivered by 945 that date, and if the person:meets the licensure requirements946of this part by July 1, 2010.947 (a) Is certified as a mold assessor or mold remediator by a 948 state or national association that requires, for such 949 certification, successful completion of a proctored examination 950 on mold assessment or mold remediation, as applicable, and 951 completes at least 60 hours of education on mold assessment or 952 at least 30 hours of education on mold remediation, as 953 applicable; or 954 (b) At the time of application, has at least 3 years of 955 experience as a mold assessor or mold remediator. To establish 956 the 3 years of experience, an applicant must submit at least 40 957 mold assessments or remediation invoices prepared by the 958 applicant. 959 (2) The department may investigate the validity of a mold 960 assessment or remediation invoice submitted under paragraph 961 (1)(b) and, if the applicant submits a false assessment or 962 invoice, may take disciplinary action against the applicant 963 under s. 468.842(1)(e) or (g). 964 (3) An applicant may not qualify for licensure under this 965 section if he or she has had a mold assessor or mold remediator 966 license or a license in any related field revoked at any time or 967 suspended within the previous 5 years or has been assessed a 968 fine that exceeds $500 within the previous 5 years. For purposes 969 of this subsection, a license in a related field includes, but 970 is not limited to, licensure in real estate, construction, home 971 inspection, building code administration or inspection, or 972 indoor air quality. 973 (4) An applicant for licensure under this section must 974 comply with the good moral character and insurance requirements 975 of this part. 976 Section 33. Section 468.8424, Florida Statutes, is created 977 to read: 978 468.8424 Rulemaking authority.—The department shall adopt 979 rules to administer this part. 980 Section 34. Subsection (2) and paragraph (a) of subsection 981 (5) of section 474.203, Florida Statutes, are amended to read: 982 474.203 Exemptions.—This chapter shall not apply to: 983 (2) A person practicing as an intern or resident 984 veterinarian who does not hold a valid license issued under this 985 chapter and who is a graduate in training at a school or college 986 of veterinary medicine located in this state and accredited by 987 the American Veterinary Medical Association Council on Education 988 or a school or college recognized by the American Veterinary 989 Medical Association Commission for Foreign Veterinary Graduates. 990 Such intern or resident must be a graduate of a school or 991 college of veterinary medicine accredited by the American 992 Veterinary Medical Association Council on Education or a school 993 or college of veterinary medicine recognized by the Educational 994 Commission for Foreign Veterinary Graduates of the American 995 Veterinary Medical Association. This exemption expires when such 996 intern or resident completes or is terminated from such 997 training. Each school or college at which such intern or 998 resident is in training shall, on July 1 of each year, provide 999 the board with a written list of all such interns or residents 1000 designated for this exemption, and the school or college shall 1001 also notify the board of any additions or deletions to the list. 1002 (5)(a) Any person, or the person’s regular employee, 1003 administering to the ills or injuries of her or his own animals, 1004 including, but not limited to, castration, spaying, and 1005 dehorning of herd animals, unless title ishas beentransferred 1006 or employment provided for the purpose of circumventing this 1007 law. This exemption doesshallnot apply to any person licensed 1008 as a veterinarian in another state or foreign jurisdiction and 1009 isout-of-state veterinarianspracticing temporarily in thisthe1010 state. However, only a veterinarian may immunize or treat an 1011 animal for diseases which are communicable to humans and which 1012 are of public health significance. 1013 1014 For the purposes of chapters 465 and 893, persons exempt 1015 pursuant to subsection (1), subsection (2), or subsection (4) 1016 are deemed to be duly licensed practitioners authorized by the 1017 laws of this state to prescribe drugs or medicinal supplies. 1018 Section 35. Section 475.02, Florida Statutes, is amended to 1019 read: 1020 475.02 Florida Real Estate Commission.— 1021 (1) There is created within the department the Florida Real 1022 Estate Commission. The commission shall consist of seven members 1023 who shall be appointed by the Governor, subject to confirmation 1024 by the Senate. Four members must be licensed brokers, each of 1025 whom has held an active license for the 5 years preceding 1026 appointment; one member must be a licensed broker or a licensed 1027 sales associate who has held an active license for the 2 years 1028 preceding appointment; and two members must be persons who are 1029 not, and have never been, brokers or sales associates. At least 1030 one member of the commission must be 60 years of age or older. 1031 The current members may complete their present terms unless 1032 removed for cause. 1033 (2) Members shall be appointed for 4-year terms. 1034 (3) Notwithstanding s. 112.313, any member of the 1035 commission who is a licensed real estate broker or sales 1036 associate and who holds an active real estate school permit, 1037 chief administrator permit, school instructor permit, or any 1038 combination of such permits issued by the department, to the 1039 extent authorized pursuant to such permit, may offer, conduct, 1040 or teach any course prescribed or approved by the commission or 1041 the department. 1042 Section 36. Paragraph (a) of subsection (1) of section 1043 475.175, Florida Statutes, is amended to read: 1044 475.175 Examinations.— 1045 (1) A person shall be entitled to take the license 1046 examination to practice in this state if the person: 1047 (a) Submits to the department the appropriate signed or 1048 electronically authenticated application, digital fingerprint 1049 data, and fee, and a fingerprint card. The digital fingerprints 1050fingerprint cardshall be forwarded to the Division of Criminal 1051 Justice Information Systems within the Department of Law 1052 Enforcement for purposes of processing the fingerprints 1053fingerprint cardto determine if the applicant has a criminal 1054 history record. The fingerprintsfingerprint cardshall also be 1055 forwarded to the Federal Bureau of Investigation for purposes of 1056 processing the fingerprintsfingerprint cardto determine if the 1057 applicant has a criminal history record. The information 1058 obtained by the processing of the fingerprintsfingerprint card1059 by theFloridaDepartment of Law Enforcement and the Federal 1060 Bureau of Investigation shall be sent to the department for the 1061 purpose of determining if the applicant is statutorily qualified 1062 for examination.Effective July 1, 2006, an applicant shall1063provide fingerprints in electronic format.1064 Section 37. Section 475.613, Florida Statutes, is amended 1065 to read: 1066 475.613 Florida Real Estate Appraisal Board.— 1067 (1) There is created the Florida Real Estate Appraisal 1068 Board, which shall consist of seven members appointed by the 1069 Governor, subject to confirmation by the Senate. Four members of 1070 the board must be real estate appraisers who have been engaged 1071 in the general practice of appraising real property in this 1072 state for at least 5 years immediately preceding appointment. In 1073 appointing real estate appraisers to the board, while not 1074 excluding other appraisers, the Governor shall give preference 1075 to real estate appraisers who are not primarily engaged in real 1076 estate brokerage or mortgage lending activities. One member of 1077 the board must represent organizations that use appraisals for 1078 the purpose of eminent domain proceedings, financial 1079 transactions, or mortgage insurance. Two members of the board 1080 shall be representatives of the general public and shall not be 1081 connected in any way with the practice of real estate appraisal,1082real estate brokerage, or mortgage lending. The appraiser 1083 members shall be as representative of the entire industry as 1084 possible, and membership in a nationally recognized or state 1085 recognized appraisal organization shall not be a prerequisite to 1086 membership on the board. To the extent possible, no more than 1087 two members of the board shall be primarily affiliated with any 1088 one particular national or state appraisal association. Two of 1089 the members must be licensed or certified residential real 1090 estate appraisers and two of the members must be certified 1091 general real estate appraisers at the time of their appointment. 1092 (a) Members of the board shall be appointed for 4-year 1093 terms. Any vacancy occurring in the membership of the board 1094 shall be filled by appointment by the Governor for the unexpired 1095 term. Upon expiration of her or his term, a member of the board 1096 shall continue to hold office until the appointment and 1097 qualification of the member’s successor. A member may not be 1098 appointed for more than two consecutive terms. The Governor may 1099 remove any member for cause. 1100 (b) The headquarters for the board shall be in Orlando. 1101 (c) The board shall meet at least once each calendar 1102 quarter to conduct its business. 1103 (d) The members of the board shall elect a chairperson at 1104 the first meeting each year. 1105 (e) Each member of the board is entitled to per diem and 1106 travel expenses as set by legislative appropriation for each day 1107 that the member engages in the business of the board. 1108 (2) The board shall have, through its rules, full power to 1109 regulate the issuance of licenses, certifications, 1110 registrations, and permits; to discipline appraisers in any 1111 manner permitted under this section; to establish qualifications 1112 for licenses, certifications, registrations, and permits 1113 consistent with this section; to regulate approved courses; to 1114 establish standards for real estate appraisals; and to establish 1115 standards for and regulate supervisory appraisers. 1116 (3) Notwithstanding s. 112.313, any member of the board who 1117 is a licensed or certified real estate appraiser and who holds 1118 an active appraiser instructor permit issued by the department, 1119 to the extent authorized pursuant to such permit, may offer, 1120 conduct, or teach any course prescribed or approved by the board 1121 or the department. 1122 Section 38. Subsections (4) through (8) of section 477.019, 1123 Florida Statutes, are renumbered as subsections (3) through (7), 1124 respectively, and paragraph (c) of subsection (2) and present 1125 subsection (3) of that section are amended to read: 1126 477.019 Cosmetologists; qualifications; licensure; 1127 supervised practice; license renewal; endorsement; continuing 1128 education.— 1129 (2) An applicant shall be eligible for licensure by 1130 examination to practice cosmetology if the applicant: 1131 (c)1. Is authorized to practice cosmetology in another 1132 state or country, has been so authorized for at least 1 year, 1133 and does not qualify for licensure by endorsement as provided 1134 for in subsection (5)(6); or 1135 2. Has received a minimum of 1,200 hours of training as 1136 established by the board, which shall include, but shall not be 1137 limited to, the equivalent of completion of services directly 1138 related to the practice of cosmetology at one of the following: 1139 a. A school of cosmetology licensed pursuant to chapter 1140 1005. 1141 b. A cosmetology program within the public school system. 1142 c. The Cosmetology Division of the Florida School for the 1143 Deaf and the Blind, provided the division meets the standards of 1144 this chapter. 1145 d. A government-operated cosmetology program in this state. 1146 1147 The board shall establish by rule procedures whereby the school 1148 or program may certify that a person is qualified to take the 1149 required examination after the completion of a minimum of 1,000 1150 actual school hours. If the person then passes the examination, 1151 he or she shall have satisfied this requirement; but if the 1152 person fails the examination, he or she shall not be qualified 1153 to take the examination again until the completion of the full 1154 requirements provided by this section. 1155(3) An application for the licensure examination for any1156license under this section may be submitted for examination1157approval in the last 100 hours of training by a pregraduate of a1158licensed cosmetology school or a program within the public1159school system, which school or program is certified by the1160Department of Education with fees as required in paragraph1161(2)(b). Upon approval, the applicant may schedule the1162examination on a date when the training hours are completed. An1163applicant shall have 6 months from the date of approval to take1164the examination. After the 6 months have passed, if the1165applicant failed to take the examination, the applicant must1166reapply. The board shall establish by rule the procedures for1167the pregraduate application process.1168 Section 39. Subsection (4) of section 509.211, Florida 1169 Statutes, is amended to read: 1170 509.211 Safety regulations.— 1171 (4) Every enclosed space or room that contains a boiler 1172 regulated under chapter 554 which is fired by the direct 1173 application of energy from the combustion of fuels and that is 1174 located in any portion of a public lodging establishment that 1175 also contains sleeping rooms shall be equipped with one or more 1176 carbon monoxide sensor devices that bear the label of a 1177 nationally recognized testing laboratory and have been tested 1178 and listed as complying with the most recent Underwriters 1179 Laboratories, Inc., Standard 2034, or its equivalent, unless it 1180 is determined that carbon monoxide hazards have otherwise been 1181 adequately mitigated as determined by the Division of State Fire 1182 Marshal of the Department of Financial Services. Such devices 1183 shall be integrated with the public lodging establishment’s fire 1184 detection system. Any such installation or determination shall 1185 be made in accordance with rules adopted by the Division of 1186 State Fire Marshal. 1187 Section 40. Section 548.076, Florida Statutes, is created 1188 to read: 1189 548.076 Cease and desist notices.—When the department has 1190 probable cause to believe that any person not licensed by the 1191 commission has violated any provision of this chapter, or any 1192 rule adopted pursuant thereto, the department may issue and 1193 deliver to such person a notice to cease and desist from such 1194 violation. The department shall issue and enforce such cease and 1195 desist notices in accordance with s. 455.228. 1196 Section 41. Subsection (1) of section 561.17, Florida 1197 Statutes, is amended to read: 1198 561.17 License and registration applications; approved 1199 person.— 1200 (1) Any person, before engaging in the business of 1201 manufacturing, bottling, distributing, selling, or in any way 1202 dealing in alcoholic beverages, shall file, with the district 1203 licensing personnel of the district of the division in which the 1204 place of business for which a license is sought is located, a 1205 sworn application in the format prescribedduplicate on forms1206provided to the district licensing personnelby the division. 1207 The applicant must be a legal or business entity, person, or 1208 persons and must include all persons, officers, shareholders, 1209 and directors of such legal or business entity that have a 1210 direct or indirect interest in the business seeking to be 1211 licensed under this part. However, the applicant does not 1212 include any person that derives revenue from the license solely 1213 through a contractual relationship with the licensee, the 1214 substance of which contractual relationship is not related to 1215 the control of the sale of alcoholic beverages. BeforePrior to1216 any application isbeingapproved, the division may require the 1217 applicant to file a set of fingerprints on regular United States 1218 Department of Justice forms for herself or himself and for any 1219 person or persons interested directly or indirectly with the 1220 applicant in the business for which the license is being sought, 1221 whensorequired by the division. If the applicant or any person 1222 who is interested with the applicant either directly or 1223 indirectly in the business or who has a security interest in the 1224 license being sought or has a right to a percentage payment from 1225 the proceeds of the business, either by lease or otherwise, is 1226 not qualified, the division shall deny the applicationshall be1227denied by the division. However, any company regularly traded on 1228 a national securities exchange and not over the counter; any 1229 insurer, as defined in the Florida Insurance Code; or any bank 1230 or savings and loan association chartered by this state, another 1231 state, or the United States which has an interest, directly or 1232 indirectly, in an alcoholic beverage license isshallnotbe1233 required to obtain the division’sdivisionapproval of its 1234 officers, directors, or stockholders or any change of such 1235 positions or interests. A shopping center with five or more 1236 stores, one or more of which has an alcoholic beverage license 1237 and is required under a lease common to all shopping center 1238 tenants to pay no more than 10 percent of the gross proceeds of 1239 the business holding the license to the shopping center, is 1240shallnotbeconsidered as having an interest, directly or 1241 indirectly, in the license. 1242 Section 42. For the purpose of incorporating the amendment 1243 made by this act to section 455.227, Florida Statutes, in a 1244 reference thereto, paragraph (a) of subsection (2) of section 1245 468.436, Florida Statutes, is reenacted to read: 1246 468.436 Disciplinary proceedings.— 1247 (2) The following acts constitute grounds for which the 1248 disciplinary actions in subsection (4) may be taken: 1249 (a) Violation of any provision of s. 455.227(1). 1250 Section 43. For the purpose of incorporating the amendment 1251 made by this act to section 455.227, Florida Statutes, in a 1252 reference thereto, paragraph (a) of subsection (1) of section 1253 468.832, Florida Statutes, is reenacted to read: 1254 468.832 Disciplinary proceedings.— 1255 (1) The following acts constitute grounds for which the 1256 disciplinary actions in subsection (2) may be taken: 1257 (a) Violation of any provision of this part or s. 1258 455.227(1); 1259 Section 44. For the purpose of incorporating the amendment 1260 made by this act to section 455.227, Florida Statutes, in a 1261 reference thereto, paragraph (a) of subsection (1) of section 1262 468.842, Florida Statutes, is reenacted to read: 1263 468.842 Disciplinary proceedings.— 1264 (1) The following acts constitute grounds for which the 1265 disciplinary actions in subsection (2) may be taken: 1266 (a) Violation of any provision of this part or s. 1267 455.227(1); 1268 Section 45. For the purpose of incorporating the amendment 1269 made by this act to section 455.227, Florida Statutes, in a 1270 reference thereto, paragraph (a) of subsection (1) of section 1271 471.033, Florida Statutes, is reenacted to read: 1272 471.033 Disciplinary proceedings.— 1273 (1) The following acts constitute grounds for which the 1274 disciplinary actions in subsection (3) may be taken: 1275 (a) Violating any provision of s. 455.227(1), s. 471.025, 1276 or s. 471.031, or any other provision of this chapter or rule of 1277 the board or department. 1278 Section 46. For the purpose of incorporating the amendment 1279 made by this act to section 455.227, Florida Statutes, in a 1280 reference thereto, paragraph (a) of subsection (1) of section 1281 473.323, Florida Statutes, is reenacted to read: 1282 473.323 Disciplinary proceedings.— 1283 (1) The following acts constitute grounds for which the 1284 disciplinary actions in subsection (3) may be taken: 1285 (a) Violation of any provision of s. 455.227(1) or any 1286 other provision of this chapter. 1287 Section 47. For the purpose of incorporating the amendment 1288 made by this act to section 455.227, Florida Statutes, in a 1289 reference thereto, paragraph (a) of subsection (1) of section 1290 475.25, Florida Statutes, is reenacted to read: 1291 475.25 Discipline.— 1292 (1) The commission may deny an application for licensure, 1293 registration, or permit, or renewal thereof; may place a 1294 licensee, registrant, or permittee on probation; may suspend a 1295 license, registration, or permit for a period not exceeding 10 1296 years; may revoke a license, registration, or permit; may impose 1297 an administrative fine not to exceed $5,000 for each count or 1298 separate offense; and may issue a reprimand, and any or all of 1299 the foregoing, if it finds that the licensee, registrant, 1300 permittee, or applicant: 1301 (a) Has violated any provision of s. 455.227(1) or s. 1302 475.42. However, licensees under this part are exempt from the 1303 provisions of s. 455.227(1)(i). 1304 Section 48. For the purpose of incorporating the amendment 1305 made by this act to section 455.227, Florida Statutes, in a 1306 reference thereto, subsection (1) of section 475.624, Florida 1307 Statutes, is reenacted to read: 1308 475.624 Discipline.—The board may deny an application for 1309 registration or certification; may investigate the actions of 1310 any appraiser registered, licensed, or certified under this 1311 part; may reprimand or impose an administrative fine not to 1312 exceed $5,000 for each count or separate offense against any 1313 such appraiser; and may revoke or suspend, for a period not to 1314 exceed 10 years, the registration, license, or certification of 1315 any such appraiser, or place any such appraiser on probation, if 1316 it finds that the registered trainee, licensee, or 1317 certificateholder: 1318 (1) Has violated any provisions of this part or s. 1319 455.227(1); however, certificateholders, registrants, and 1320 licensees under this part are exempt from the provisions of s. 1321 455.227(1)(i). 1322 Section 49. For the purpose of incorporating the amendment 1323 made by this act to section 455.227, Florida Statutes, in a 1324 reference thereto, paragraph (h) of subsection (1) of section 1325 476.204, Florida Statutes, is reenacted to read: 1326 476.204 Penalties.— 1327 (1) It is unlawful for any person to: 1328 (h) Violate any provision of s. 455.227(1), s. 476.194, or 1329 s. 476.214. 1330 Section 50. For the purpose of incorporating the amendment 1331 made by this act to section 455.227, Florida Statutes, in a 1332 reference thereto, paragraph (h) of subsection (1) of section 1333 477.029, Florida Statutes, is reenacted to read: 1334 477.029 Penalty.— 1335 (1) It is unlawful for any person to: 1336 (h) Violate any provision of s. 455.227(1), s. 477.0265, or 1337 s. 477.028. 1338 Section 51. For the purpose of incorporating the amendment 1339 made by this act to section 455.227, Florida Statutes, in a 1340 reference thereto, paragraph (a) of subsection (1) of section 1341 481.225, Florida Statutes, is reenacted to read: 1342 481.225 Disciplinary proceedings against registered 1343 architects.— 1344 (1) The following acts constitute grounds for which the 1345 disciplinary actions in subsection (3) may be taken: 1346 (a) Violating any provision of s. 455.227(1), s. 481.221, 1347 or s. 481.223, or any rule of the board or department lawfully 1348 adopted pursuant to this part or chapter 455. 1349 Section 52. For the purpose of incorporating the amendment 1350 made by this act to section 455.227, Florida Statutes, in a 1351 reference thereto, paragraph (a) of subsection (1) of section 1352 481.325, Florida Statutes, is reenacted to read: 1353 481.325 Disciplinary proceedings.— 1354 (1) The following acts constitute grounds for which the 1355 disciplinary actions in subsection (3) may be taken: 1356 (a) Violation of any provision of s. 455.227(1), s. 1357 481.321, or s. 481.323. 1358 Section 53. For the purpose of incorporating the amendment 1359 made by this act to section 468.832, Florida Statutes, in a 1360 reference thereto, subsection (2) of section 468.8314, Florida 1361 Statutes, is reenacted to read: 1362 468.8314 Licensure.— 1363 (2) The department shall certify for licensure any 1364 applicant who satisfies the requirements of s. 468.8313 and who 1365 has passed the licensing examination. The department may refuse 1366 to certify any applicant who has violated any of the provisions 1367 of s. 468.832. 1368 Section 54. This act shall take effect July 1, 2010.
