Bill Text: FL S0782 | 2023 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Business and Professional Regulation

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2023-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 869 (Ch. 2023-211), CS/CS/CS/SB 1690 (Ch. 2023-85) [S0782 Detail]

Download: Florida-2023-S0782-Comm_Sub.html

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       Florida Senate - 2023                              CS for SB 782
       
       
        
       By the Committee on Regulated Industries; and Senator Hooper
       
       
       
       
       
       580-03286-23                                           2023782c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Business and
    3         Professional Regulation; amending s. 468.8414, F.S.;
    4         requiring the department to certify for licensure
    5         qualified individuals who practice mold assessment or
    6         mold remediation and hold certain licenses issued by
    7         other states or territories; amending s. 469.004,
    8         F.S.; revising requirements for the issuance of an
    9         asbestos consultant’s license; requiring the
   10         department to certify for licensure by endorsement
   11         asbestos consultants and asbestos contractors who meet
   12         certain exam and other state licensure requirements;
   13         requiring asbestos consultants and asbestos
   14         contractors to complete certain courses; amending s.
   15         489.514, F.S.; removing a time limitation for applying
   16         for certain contracting licenses under certain
   17         provisions; amending s. 509.091, F.S.; requiring
   18         licensees and licensed agents to provide the
   19         department’s Division of Hotels and Restaurants with
   20         e-mail addresses at which they can be contacted;
   21         authorizing the division to deliver notices and
   22         inspection reports by e-mail; amending s. 509.101,
   23         F.S.; revising the guest register maintenance
   24         requirements that an operator of a transient
   25         establishment must meet; amending s. 509.241, F.S.;
   26         requiring certain individuals related to public
   27         lodging establishments and public food service
   28         establishments to maintain a division online account
   29         and provide the division with specified information;
   30         requiring the division to adopt rules; providing
   31         requirements for such rules; amending s. 548.043,
   32         F.S.; deleting a requirement limiting the types of
   33         boxing exhibitions which require a specified maximum
   34         difference in participant weights; providing an
   35         effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsection (3) of section 468.8414, Florida
   40  Statutes, is amended to read:
   41         468.8414 Licensure.—
   42         (3) The department shall certify as qualified for a license
   43  by endorsement an applicant who is of good moral character, who
   44  has the insurance coverage required under s. 468.8421, and who
   45  meets at least one of the following requirements:
   46         (a) Is qualified to take the examination as set forth in s.
   47  468.8413 and has passed a certification examination offered by a
   48  nationally recognized organization that certifies persons in the
   49  specialty of mold assessment or mold remediation and that has
   50  been approved by the department as substantially equivalent to
   51  the requirements of this part and s. 455.217.; or
   52         (b) Holds a valid license to practice mold assessment or
   53  mold remediation issued by another state or territory of the
   54  United States if the criteria for issuance of the license were
   55  substantially the same as the licensure criteria that is
   56  established by this part as determined by the department.
   57         (c) Has held a valid license to practice mold assessment or
   58  mold remediation issued by another state or territory of the
   59  United States for at least 10 years before the date of
   60  application. The application for licensure must be made either
   61  when the license in the other state or territory is active or
   62  within 2 years after such license was last active.
   63         Section 2. Present subsection (3) of section 469.004,
   64  Florida Statutes, is redesignated as subsection (4), a new
   65  subsection (3) is added to that section, and subsection (1) of
   66  that section is amended, to read:
   67         469.004 License; asbestos consultant; asbestos contractor.—
   68         (1) All asbestos consultants must be licensed by the
   69  department. Except for an asbestos consultant’s license issued
   70  by endorsement as provided under subsection (3) or otherwise
   71  expressly provided by law, an asbestos consultant’s license may
   72  be issued only to an applicant who holds a current, valid,
   73  active license as an architect issued under chapter 481; holds a
   74  current, valid, active license as a professional engineer issued
   75  under chapter 471; holds a current, valid, active license as a
   76  professional geologist issued under chapter 492; is a diplomat
   77  of the American Board of Industrial Hygiene; or has been awarded
   78  designation as a Certified Safety Professional by the Board of
   79  Certified Safety Professionals.
   80         (3) The department shall certify as qualified for licensure
   81  by endorsement any individual applying for licensure who has
   82  passed a written examination that meets the requirements of the
   83  United States Environmental Protection Agency Asbestos Model
   84  Accreditation Plan, has held a valid license to practice as an
   85  asbestos consultant or asbestos contractor issued by another
   86  state or territory of the United States for at least 10 years
   87  before the date of application, and is applying for the same or
   88  similar license in this state, subject to ss. 469.005(5) and
   89  469.006. The application for licensure must be made either when
   90  the license in the other state or territory is active or within
   91  2 years after such license was last active. To qualify for
   92  licensure by endorsement, an asbestos consultant must complete
   93  the courses required by s. 469.005(2) and an asbestos contractor
   94  must complete the courses required by s. 469.005(3).
   95         Section 3. Subsection (3) of section 489.514, Florida
   96  Statutes, is amended to read:
   97         489.514 Certification for registered contractors;
   98  grandfathering provisions.—
   99         (3) An applicant must make application by November 1, 2021,
  100  to be licensed pursuant to this section.
  101         Section 4. Section 509.091, Florida Statutes, is amended to
  102  read:
  103         509.091 Notices; form and service.—
  104         (1) All licensees and licensed agents must provide an e
  105  mail address to the division to function as the primary method
  106  of contact for all communication with the division.
  107         (2) Each notice or inspection report served by the division
  108  pursuant to this chapter must be in writing and must be
  109  delivered personally by an agent of the division, sent by e
  110  mail, or mailed by registered letter to the operator of the
  111  public lodging establishment or public food service
  112  establishment. If the operator refuses to accept service or
  113  evades service or the agent is otherwise unable to effect
  114  service after due diligence, the division may post such notice
  115  or inspection report in a conspicuous place at the
  116  establishment.
  117         (2) Notwithstanding subsection (1), the division may
  118  deliver lodging inspection reports and food service inspection
  119  reports to the operator of the public lodging establishment or
  120  public food service establishment by electronic means.
  121         Section 5. Subsection (2) of section 509.101, Florida
  122  Statutes, is amended to read:
  123         509.101 Establishment rules; posting of notice; food
  124  service inspection report; maintenance of guest register; mobile
  125  food dispensing vehicle registry.—
  126         (2) It is the duty of each operator of a transient
  127  establishment to maintain at all times a register of, signed by
  128  or for guests who occupy rental units within the establishment,
  129  showing the dates upon which the rental units were occupied by
  130  such guests and the rates charged for their occupancy. Each
  131  operator shall maintain this register shall be maintained in
  132  chronological order, shall make the register and available for
  133  inspection by the division at any time, and may keep the
  134  register in an electronic format. Operators need not make
  135  available registers that which are more than 2 years old.
  136         Section 6. Subsection (4) is added to section 509.241,
  137  Florida Statutes, to read:
  138         509.241 Licenses required; exceptions.—
  139         (4) ONLINE ACCOUNT AND TRANSACTIONS.—Except as provided in
  140  paragraph (c), each person who plans to open a public lodging
  141  establishment or a public food service establishment and each
  142  licensee or licensed agent must create and maintain a division
  143  online account and provide an e-mail address to the division to
  144  function as the primary contact for all communication from the
  145  division.
  146         (a) Licensees and licensed agents are responsible for
  147  maintaining accurate contact information on file with the
  148  division.
  149         (b) Each licensee issued a license or licensed agent
  150  managing a license classified as a vacation rental or timeshare
  151  project, as those terms are defined in s. 509.242(1)(c) and (g),
  152  respectively, must submit any change in the street or unit
  153  address or number of houses or units included under the license
  154  within 30 days after the change. All changes must be filed with
  155  the division through the division’s online system.
  156         (c) The division shall adopt such rules as are necessary to
  157  carry out this subsection. The rules must include a provision
  158  that specifies circumstances under which a public lodging
  159  establishment or a public food service establishment and each
  160  licensee or licensed agent may opt out of the requirement to
  161  have a division online account.
  162         Section 7. Subsection (2) of section 548.043, Florida
  163  Statutes, is amended to read:
  164         548.043 Weights and classes, limitations; gloves.—
  165         (2) The commission shall establish by rule the acceptable
  166  difference in weight between participants; however, the maximum
  167  difference in weight in boxing matches may shall not exceed 12
  168  pounds, except matches in the cruiserweight and heavyweight
  169  classes and exhibitions held solely for training purposes.
  170         Section 8. This act shall take effect July 1, 2023.