Bill Text: FL S1050 | 2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Business and Professional Regulation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-03-11 - Died on Calendar, companion bill(s) passed, see CS/CS/CS/HB 535 (Ch. 2016-129) [S1050 Detail]
Download: Florida-2016-S1050-Introduced.html
Bill Title: Department of Business and Professional Regulation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-03-11 - Died on Calendar, companion bill(s) passed, see CS/CS/CS/HB 535 (Ch. 2016-129) [S1050 Detail]
Download: Florida-2016-S1050-Introduced.html
Florida Senate - 2016 SB 1050 By Senator Brandes 22-00811A-16 20161050__ 1 A bill to be entitled 2 An act relating to regulated professions and 3 occupations; amending s. 326.004, F.S.; deleting a 4 requirement that yacht and ship brokers maintain a 5 separate license for each branch office and related 6 fees; amending s. 447.02, F.S.; deleting a definition; 7 repealing s. 447.04, F.S., relating to business 8 agents, licenses, and permits; repealing s. 447.041, 9 F.S., relating to hearings; repealing s. 447.045, 10 F.S., relating to certain confidential information; 11 repealing s. 447.06, F.S., relating to the required 12 registration of labor organizations; amending s. 13 447.09, F.S.; deleting prohibitions against specified 14 actions; repealing s. 447.12, F.S., relating to 15 registration fees; repealing s. 447.16, F.S., relating 16 to the applicability of ch. 447, F.S.; repealing part 17 VII of ch. 468, F.S., relating to the regulation of 18 talent agencies; amending s. 468.451, F.S.; revising 19 legislative intent related to the regulation of 20 athlete agents; reordering and amending s. 468.452, 21 F.S.; deleting the term “department”; repealing s. 22 468.453, F.S., relating to the licensure of athlete 23 agents; repealing s. 468.4536, F.S., relating to 24 renewal of such licenses; amending s. 468.454, F.S.; 25 revising the information that must be stated in agent 26 contracts; deleting a condition under which an agent 27 contract is void and unenforceable; repealing s. 28 468.456, F.S., relating to prohibited acts for athlete 29 agents; repealing s. 468.4561, F.S., relating to 30 unlicensed activity and penalties for violations; 31 amending s. 468.45615, F.S.; conforming provisions to 32 changes made by the act; amending s. 468.4565, F.S.; 33 deleting provisions authorizing the Department of 34 Business and Professional Regulation to access and 35 inspect certain records of athlete agents and related 36 disciplinary actions and subpoena powers; repealing s. 37 468.457, F.S., relating to rulemaking authority; 38 amending s. 469.006, F.S.; requiring that a license be 39 in the name of a qualifying agent rather than the name 40 of a business organization; requiring the qualifying 41 agent, rather than the business organization, to 42 report certain changes in information; conforming 43 provisions to changes made by the act; amending s. 44 469.009, F.S.; deleting the authority of the 45 department to reprimand, censure, or impose probation 46 on certain business organizations; amending s. 47 474.203, F.S.; excluding veterinary acupressure and 48 massage from certain provisions in ch. 474, F.S.; 49 defining terms; amending s. 477.0132, F.S.; excluding 50 the practices of hair wrapping and body wrapping from 51 regulation under the Florida Cosmetology Act; amending 52 s. 477.0135, F.S.; providing that a license or 53 registration is not required for a person whose 54 occupation or practice is confined solely to adding 55 polish to nails or solely to hair wrapping or body 56 wrapping; amending ss. 477.019, 477.026, 477.0265, and 57 477.029, F.S.; conforming provisions to changes made 58 by the act; amending s. 481.203, F.S.; defining the 59 term “business organization”; deleting the definition 60 of the term “certificate of authorization”; amending 61 s. 481.219, F.S.; revising the process by which a 62 business organization obtains the requisite license to 63 perform architectural services; requiring that a 64 licensee or an applicant apply to qualify a business 65 organization under certain circumstances; specifying 66 application requirements; authorizing the Board of 67 Architecture and Interior Design to deny an 68 application under certain circumstances; requiring 69 that a qualifying agent be a registered architect or a 70 registered interior designer under certain 71 circumstances; requiring that a qualifying agent 72 notify the department when she or he ceases to be 73 affiliated with a business organization; prohibiting a 74 business organization from engaging in certain 75 practices until it is qualified by a qualifying agent; 76 authorizing a business organization to proceed with 77 specified contracts under a temporary certificate in 78 certain circumstances; defining the term “incomplete 79 contract”; requiring the qualifying agent to give 80 written notice to the department before engaging in 81 practice under her or his own name or in affiliation 82 with another business organization; requiring the 83 board to certify an applicant to qualify one or more 84 business organizations or to operate using a 85 fictitious name under certain circumstances; 86 specifying that a qualifying agent for a business 87 organization is jointly and severally liable with the 88 business organization for certain damages; conforming 89 provisions to changes made by the act; amending ss. 90 481.221 and 481.229, F.S.; conforming provisions to 91 changes made by the act; reordering and amending s. 92 481.303, F.S.; deleting the term “certificate of 93 authorization”; amending s. 481.321, F.S.; revising 94 provisions that require persons to display certificate 95 numbers under certain circumstances; conforming 96 provisions to changes made by the act; amending ss. 97 481.311, 481.317, and 481.319, F.S.; conforming 98 provisions to changes made by the act; amending s. 99 481.329, F.S.; conforming a cross-reference; amending 100 s. 489.503, F.S.; deleting an exemption from 101 regulation for certain persons; exempting a person who 102 installs certain low-voltage landscape lighting from 103 specified requirements; amending s. 489.518, F.S.; 104 exempting certain persons from initial training for 105 burglar alarm system agents; amending s. 492.111, 106 F.S.; revising the requirements for an individual to 107 practice or offer to practice professional geology 108 through a firm, corporation, or partnership; requiring 109 a firm, corporation, or partnership to be qualified by 110 one or more individuals licensed as a professional 111 geologist under certain circumstances; revising 112 provisions specifying which persons must notify the 113 department of changes in the geologist of record; 114 deleting provisions relating to certificates of 115 authorization; conforming provisions to changes made 116 by the act; amending ss. 492.104, 492.113, and 117 492.115, F.S.; conforming provisions to changes made 118 by the act; providing an effective date. 119 120 Be It Enacted by the Legislature of the State of Florida: 121 122 Section 1. Subsection (13) of section 326.004, Florida 123 Statutes, is amended to read: 124 326.004 Licensing.— 125 (13) Each broker must maintain a principal place of 126 business in this state and may establish branch offices in the 127 state.A separate license must be maintained for each branch128office. The division shall establish by rule a fee not to exceed129$100 for each branch office license.130 Section 2. Subsection (3) of section 447.02, Florida 131 Statutes, is amended to read: 132 447.02 Definitions.—The following terms, when used in this 133 chapter, shall have the meanings ascribed to them in this 134 section: 135(3) The term “department” means the Department of Business136and Professional Regulation.137 Section 3. Section 447.04, Florida Statutes, is repealed. 138 Section 4. Section 447.041, Florida Statutes, is repealed. 139 Section 5. Section 447.045, Florida Statutes, is repealed. 140 Section 6. Section 447.06, Florida Statutes, is repealed. 141 Section 7. Subsections (6) and (8) of section 447.09, 142 Florida Statutes, are amended to read: 143 447.09 Right of franchise preserved; penalties.—It shall be 144 unlawful for any person: 145(6) To act as a business agent without having obtained and146possessing a valid and subsisting license or permit.147(8) To make any false statement in an application for a148license.149 Section 8. Section 447.12, Florida Statutes, is repealed. 150 Section 9. Section 447.16, Florida Statutes, is repealed. 151 Section 10. Part VII of chapter 468, Florida Statutes, 152 consisting of ss. 468.401, 468.402, 468.403, 468.404, 468.405, 153 468.406, 468.407, 468.408, 468.409, 468.410, 468.411, 468.412, 154 468.413, 468.414, and 468.415, is repealed. 155 Section 11. Section 468.451, Florida Statutes, is amended 156 to read: 157 468.451 Legislative findings and intent.—The Legislature 158 finds that dishonest or unscrupulous practices by agents who 159 solicit representation of student athletes can cause significant 160 harm to student athletes and the academic institutions for which 161 they play. It is the intent of the Legislature to provide civil 162 and criminal causes of action against athlete agents to protect 163 the interests of student athletes and academic institutionsby164regulating the activities of athlete agents. 165 Section 12. Subsections (4) through (7) of section 468.452, 166 Florida Statutes, are reordered and amended to read: 167 468.452 Definitions.—For purposes of this part, the term: 168(4) “Department” means the Department of Business and169Professional Regulation.170 (6)(5)“Student athlete” means any student who: 171 (a) Resides in Florida, has informed, in writing, a college 172 or university of the student’s intent to participate in that 173 school’s intercollegiate athletics, or who does participate in 174 that school’s intercollegiate athletics and is eligible to do 175 so; or 176 (b) Does not reside in Florida, but has informed, in 177 writing, a college or university in Florida of the student’s 178 intent to participate in that school’s intercollegiate 179 athletics, or who does participate in that school’s 180 intercollegiate athletics and is eligible to do so. 181 (4)(6)“Financial services” means the counseling on or the 182 making or execution of investment and other financial decisions 183 by the agent on behalf of the student athlete. 184 (5)(7)“Participation” means practicing, competing, or 185 otherwise representing a college or university in 186 intercollegiate athletics. 187 Section 13. Section 468.453, Florida Statutes, is repealed. 188 Section 14. Section 468.4536, Florida Statutes, is 189 repealed. 190 Section 15. Subsections (2) and (12) of section 468.454, 191 Florida Statutes, are amended to read: 192 468.454 Contracts.— 193 (2) An agent contract must state: 194 (a) The amount and method of calculating the consideration 195 to be paid by the student athlete for services to be provided by 196 the athlete agent and any other consideration the agent has 197 received or will receive from any other source under the 198 contract; 199 (b) The name of any personnot listed in the licensure200applicationwho will be compensated because the student athlete 201 signed the agent contract; 202 (c) A description of any expenses that the student athlete 203 agrees to reimburse; 204 (d) A description of the services to be provided to the 205 student athlete; 206 (e) The duration of the contract; and 207 (f) The date of execution. 208(12) An agent contract between a student athlete and a209person not licensed under this part is void and unenforceable.210 Section 16. Section 468.456, Florida Statutes, is repealed. 211 Section 17. Section 468.4561, Florida Statutes, is 212 repealed. 213 Section 18. Section 468.45615, Florida Statutes, is amended 214 to read: 215 468.45615 Provision of illegal inducements to athletes 216prohibited; penalties; license suspension.— 217 (1) AAnyperson who offers anything of value to another 218 person to induce a student athlete to enter into an agreement by 219 which the athlete agent will represent the student athlete 220 commitsviolates s. 468.456(1)(f)is guilty ofa felony of the 221 second degree, punishable as provided in s. 775.082, s. 775.083, 222 s. 775.084, s. 775.089, or s. 775.091. Negotiations regarding an 223 athlete agent’s fee are not considered an inducement. 224 (2)(a) Regardless of whether adjudication is withheld, any 225 person convicted or found guilty of, or entering a plea of nolo 226 contendere to, the violation described in subsection (1) may 227shallnot employ, utilize, or otherwise collaborate with ana228licensed or unlicensedathlete agent in Florida to illegally 229 recruit or solicit student athletes. Any person who violates the 230 provisions of this subsection is guilty of a felony of the 231 second degree, punishable as provided in s. 775.082, s. 775.083, 232 s. 775.084, s. 775.089, or s. 775.091. 233 (b) Regardless of whether adjudication is withheld, any 234 person who knowingly actively assists in the illegal recruitment 235 or solicitation of student athletes for a person who has been 236 convicted or found guilty of, or entered a plea of nolo 237 contendere to, a violation of this section is guilty of a felony 238 of the second degree, punishable as provided in s. 775.082, s. 239 775.083, s. 775.084, s. 775.089, or s. 775.091. 240(3)In addition to any other penalties provided in this241section, the court may suspend the license of the person pending242the outcome of any administrative action against the person by243the department.244 (3)(4)(a) An athlete agent, with the intent to induce a 245 student athlete to enter into an agent contract, may not: 246 1. Give any materially false or misleading information or 247 make a materially false promise or representation; 248 2. Furnish anything of value to a student athlete before 249 the student athlete enters into the agent contract; or 250 3. Furnish anything of value to any individual other than 251 the student athlete or another athlete agent. 252 (b) An athlete agent may not intentionally: 253 1.Initiate contact with a student athlete unless licensed254under this part;2552.Refuse or fail to retain or permit inspection of the 256 records required to be retained by s. 468.4565; 2573. Provide materially false or misleading information in an258application for licensure;259 2.4.Predate or postdate an agent contract; 260 3.5.Fail to give notice of the existence of an agent 261 contract as required by s. 468.454(6); or 262 4.6.Fail to notify a student athlete before the student 263 athlete signs or otherwise authenticates an agent contract for a 264 sport that the signing or authentication may make the student 265 athlete ineligible to participate as a student athlete in that 266 sport. 267 (c) An athlete agent who violates this subsection commits a 268 felony of the second degree, punishable as provided in s. 269 775.082, s. 775.083, or s. 775.084. 270 Section 19. Section 468.4565, Florida Statutes, is amended 271 to read: 272 468.4565 Business records requirement.— 273(1)An athlete agent shall establish and maintain complete 274 financial and business records. The athlete agent shall save 275 each entry into a financial or business record for at least 5 276 years afterfromthe date of entry. These records must include: 277 (1)(a)The name and address of each individual represented 278 by the athlete agent; 279 (2)(b)Any agent contract entered into by the athlete 280 agent; and 281 (3)(c)Any direct costs incurred by the athlete agent in 282 the recruitment or solicitation of a student athlete to enter 283 into an agent contract. 284(2) The department shall have access to and shall have the285right to inspect and examine the financial or business records286of an athlete agent during normal business hours. Refusal or287failure of an athlete agent to provide the department access to288financial and business records shall be the basis for289disciplinary action by the department pursuant to s. 455.225.290The department may exercise its subpoena powers to obtain the291financial and business records of an athlete agent.292 Section 20. Section 468.457, Florida Statutes, is repealed. 293 Section 21. Paragraphs (a) and (e) of subsection (2), 294 subsection (3), paragraph (b) of subsection (4), and subsection 295 (6) of section 469.006, Florida Statutes, are amended to read: 296 469.006 Licensure of business organizations; qualifying 297 agents.— 298 (2)(a) If the applicant proposes to engage in consulting or 299 contracting as a partnership, corporation, business trust, or 300 other legal entity, or in any name other than the applicant’s 301 legal name, thelegal entity must apply for licensure through a302qualifying agent or theindividual applicant must apply for 303 licensure under the name of the business organizationfictitious304name. 305 (e) AThelicense, when issued upon applicationof a306business organization,must be in the name of the qualifying 307 agentbusiness organization, and the name of the business 308 organizationqualifying agentmust be noted on the license 309thereon. If there is a change in any information that is 310 required to be stated on the application, the qualifying agent 311business organizationshall, within 45 days after such change 312 occurs, mail the correct information to the department. 313 (3) The qualifying agent mustshallbe licensed under this 314 chapter in order for the business organization to be qualified 315licensedin the category of the business conducted for which the 316 qualifying agent is licensed. If any qualifying agent ceases to 317 be affiliated with such business organization, the agent shall 318 so inform the department. In addition, if such qualifying agent 319 is the only licensed individual affiliated with the business 320 organization, the business organization shall notify the 321 department of the termination of the qualifying agent and has 322shall have60 days afterfromthe date of termination of the 323 qualifying agent’s affiliation with the business organizationin324whichto employ another qualifying agent. The business 325 organization may not engage in consulting or contracting until a 326 qualifying agent is employed, unless the department has granted 327 a temporary nonrenewable license to the financially responsible 328 officer, the president, the sole proprietor, a partner, or, in 329 the case of a limited partnership, the general partner, who 330 assumes all responsibilities of a primary qualifying agent for 331 the entity. This temporary license only allowsshall only allow332 the entity to proceed with incomplete contracts. 333 (4) 334 (b) Upon a favorable determination by the department, after 335 investigation of the financial responsibility, credit, and 336 business reputation of the qualifying agent and the new business 337 organization, the department shall issue, without any 338 examination, a new license in the qualifying agent’sbusiness339organization’sname, and the name of the business organization 340qualifying agentshall be noted thereon. 341 (6) Each qualifying agent shall pay the department an 342 amount equal to the original fee for licensureof a new business343organization.if the qualifying agent for a business 344 organization desires to qualify additional business 345 organizations.,The department shall require the agent to 346 present evidence of supervisory ability and financial 347 responsibility of each such organization. Allowing a licensee to 348 qualify more than one business organization mustshallbe 349 conditioned upon the licensee showing that the licensee has both 350 the capacity and intent to adequately supervise each business 351 organization. The department mayshallnot limit the number of 352 business organizations thatwhichthe licensee may qualify 353 except upon the licensee’s failure to provide such information 354 as is required under this subsection or upon a finding that the 355suchinformation or evidenceas issupplied is incomplete or 356 unpersuasive in showing the licensee’s capacity and intent to 357 comply with the requirements of this subsection. A qualification 358 for an additional business organization may be revoked or 359 suspended upon a finding by the department that the licensee has 360 failed in the licensee’s responsibility to adequately supervise 361 the operations of the business organization. Failure to 362 adequately supervise the operations of a business organization 363 isshall begrounds for denial to qualify additional business 364 organizations. 365 Section 22. Subsection (1) of section 469.009, Florida 366 Statutes, is amended to read: 367 469.009 License revocation, suspension, and denial of 368 issuance or renewal.— 369 (1) The department may revoke, suspend, or deny the 370 issuance or renewal of a license; reprimand, censure, or place 371 on probation any contractor, consultant, or financially 372 responsible officer, or business organization; require financial 373 restitution to a consumer; impose an administrative fine not to 374 exceed $5,000 per violation; require continuing education; or 375 assess costs associated with any investigation and prosecution 376 if the contractor or consultant, or business organization or 377 officer or agent thereof, is found guilty of any of the 378 following acts: 379 (a) Willfully or deliberately disregarding or violating the 380 health and safety standards of the Occupational Safety and 381 Health Act of 1970, the Construction Safety Act, the National 382 Emission Standards for Asbestos, the Environmental Protection 383 Agency Asbestos Abatement Projects Worker Protection Rule, the 384 Florida Statutes or rules promulgated thereunder, or any 385 ordinance enacted by a political subdivision of this state. 386 (b) Violating any provision of chapter 455. 387 (c) Failing in any material respect to comply with the 388 provisions of this chapter or any rule promulgated hereunder. 389 (d) Acting in the capacity of an asbestos contractor or 390 asbestos consultant under any license issued under this chapter 391 except in the name of the licensee as set forth on the issued 392 license. 393 (e) Proceeding on any job without obtaining all applicable 394 approvals, authorizations, permits, and inspections. 395 (f) Obtaining a license by fraud or misrepresentation. 396 (g) Being convicted or found guilty of, or entering a plea 397 of nolo contendere to, regardless of adjudication, a crime in 398 any jurisdiction which directly relates to the practice of 399 asbestos consulting or contracting or the ability to practice 400 asbestos consulting or contracting. 401 (h) Knowingly violating any building code, lifesafety code, 402 or county or municipal ordinance relating to the practice of 403 asbestos consulting or contracting. 404 (i) Performing any act which assists a person or entity in 405 engaging in the prohibited unlicensed practice of asbestos 406 consulting or contracting, if the licensee knows or has 407 reasonable grounds to know that the person or entity was 408 unlicensed. 409 (j) Committing mismanagement or misconduct in the practice 410 of contracting that causes financial harm to a customer. 411 Financial mismanagement or misconduct occurs when: 412 1. Valid liens have been recorded against the property of a 413 contractor’s customer for supplies or services ordered by the 414 contractor for the customer’s job; the contractor has received 415 funds from the customer to pay for the supplies or services; and 416 the contractor has not had the liens removed from the property, 417 by payment or by bond, within 75 days after the date of such 418 liens; 419 2. The contractor has abandoned a customer’s job and the 420 percentage of completion is less than the percentage of the 421 total contract price paid to the contractor as of the time of 422 abandonment, unless the contractor is entitled to retain such 423 funds under the terms of the contract or refunds the excess 424 funds within 30 days after the date the job is abandoned; or 425 3. The contractor’s job has been completed, and it is shown 426 that the customer has had to pay more for the contracted job 427 than the original contract price, as adjusted for subsequent 428 change orders, unless such increase in cost was the result of 429 circumstances beyond the control of the contractor, was the 430 result of circumstances caused by the customer, or was otherwise 431 permitted by the terms of the contract between the contractor 432 and the customer. 433 (k) Being disciplined by any municipality or county for an 434 act or violation of this chapter. 435 (l) Failing in any material respect to comply with the 436 provisions of this chapter, or violating a rule or lawful order 437 of the department. 438 (m) Abandoning an asbestos abatement project in which the 439 asbestos contractor is engaged or under contract as a 440 contractor. A project may be presumed abandoned after 20 days if 441 the contractor terminates the project without just cause and 442 without proper notification to the owner, including the reason 443 for termination; if the contractor fails to reasonably secure 444 the project to safeguard the public while work is stopped; or if 445 the contractor fails to perform work without just cause for 20 446 days. 447 (n) Signing a statement with respect to a project or 448 contract falsely indicating that the work is bonded; falsely 449 indicating that payment has been made for all subcontracted 450 work, labor, and materials which results in a financial loss to 451 the owner, purchaser, or contractor; or falsely indicating that 452 workers’ compensation and public liability insurance are 453 provided. 454 (o) Committing fraud or deceit in the practice of asbestos 455 consulting or contracting. 456 (p) Committing incompetency or misconduct in the practice 457 of asbestos consulting or contracting. 458 (q) Committing gross negligence, repeated negligence, or 459 negligence resulting in a significant danger to life or property 460 in the practice of asbestos consulting or contracting. 461 (r) Intimidating, threatening, coercing, or otherwise 462 discouraging the service of a notice to owner under part I of 463 chapter 713 or a notice to contractor under chapter 255 or part 464 I of chapter 713. 465 (s) Failing to satisfy, within a reasonable time, the terms 466 of a civil judgment obtained against the licensee, or the 467 business organization qualified by the licensee, relating to the 468 practice of the licensee’s profession. 469 470 For the purposes of this subsection, construction is considered 471 to be commenced when the contract is executed and the contractor 472 has accepted funds from the customer or lender. 473 Section 23. Subsection (9) is added to section 474.203, 474 Florida Statutes, to read: 475 474.203 Exemptions.—This chapter does not apply to: 476 (9) The performance of veterinary acupressure or veterinary 477 massage. 478 (a) For purposes of this subsection, the term “veterinary 479 acupressure” means the stimulation with finger pressure, rather 480 than the insertion of needles, of the same points on an animal’s 481 body which are targeted in acupuncture. The term does not 482 include the prescribing of drugs or the diagnosis of or 483 prognosis for a medical condition of the animal. 484 (b) For the purposes of this subsection, the term 485 “veterinary massage” means the use of fingers, hands, and 486 machines to manipulate the animal’s soft tissues to improve the 487 healing and recovery of the animal. The term does not include 488 the prescribing of drugs or the diagnosis of or prognosis for a 489 medical condition of the animal. 490 491 For the purposes of chapters 465 and 893, persons exempt 492 pursuant to subsection (1), subsection (2), or subsection (4) 493 are deemed to be duly licensed practitioners authorized by the 494 laws of this state to prescribe drugs or medicinal supplies. 495 Section 24. Section 477.0132, Florida Statutes, is amended 496 to read: 497 477.0132 Hair braiding, hair wrapping, and body wrapping498 registration.— 499 (1)(a) Persons whose occupation or practice is confined 500 solely to hair braiding must register with the department, pay 501 the applicable registration fee, and take a two-day 16-hour 502 course. The course shall be board approved and consist of 5 503 hours of HIV/AIDS and other communicable diseases, 5 hours of 504 sanitation and sterilization, 4 hours of disorders and diseases 505 of the scalp, and 2 hours of studies regarding laws affecting 506 hair braiding. 507 (b)Persons whose occupation or practice is confined solely508to hair wrapping must register with the department, pay the509applicable registration fee, and take a one-day 6-hour course.510The course shall be board approved and consist of education in511HIV/AIDS and other communicable diseases, sanitation and512sterilization, disorders and diseases of the scalp, and studies513regarding laws affecting hair wrapping.514(c) Unless otherwise licensed or exempted from licensure515under this chapter, any person whose occupation or practice is516body wrapping must register with the department, pay the517applicable registration fee, and take a two-day 12-hour course.518The course shall be board approved and consist of education in519HIV/AIDS and other communicable diseases, sanitation and520sterilization, disorders and diseases of the skin, and studies521regarding laws affecting body wrapping.522(d)Only the board may review, evaluate, and approve a 523 course required of an applicant for registration under this 524 subsection in the occupation or practice of hair braiding, hair525wrapping, or body wrapping. A provider of such a course is not 526 required to hold a license under chapter 1005. 527 (2) Hair braiding is, hair wrapping, and body wrapping are528 not required to be practiced in a cosmetology salon or specialty 529 salon. When hair braiding, hair wrapping, or body wrappingis 530 practiced outside a cosmetology salon or specialty salon, 531 disposable implements must be used or all implements must be 532 sanitized in a disinfectant approved for hospital use or 533 approved by the federal Environmental Protection Agency. 534 (3) Pending issuance of registration, a person is eligible 535 to practice hair braiding, hair wrapping, or body wrappingupon 536 submission of a registration application that includes proof of 537 successful completion of the education requirements and payment 538 of the applicable fees required by this chapter. 539 Section 25. Subsections (7), (8), and (9) are added to 540 section 477.0135, Florida Statutes, to read: 541 477.0135 Exemptions.— 542 (7) A license or registration is not required for a person 543 whose occupation or practice is confined solely to adding polish 544 to fingernails and toenails. 545 (8) A license or registration is not required for a person 546 whose occupation or practice is confined solely to hair wrapping 547 as defined in s. 477.013(10). 548 (9) A license or registration is not required for a person 549 whose occupation or practice is confined solely to body wrapping 550 as defined in s. 477.013(12). 551 Section 26. Paragraph (b) of subsection (7) of section 552 477.019, Florida Statutes, is amended to read: 553 477.019 Cosmetologists; qualifications; licensure; 554 supervised practice; license renewal; endorsement; continuing 555 education.— 556 (7) 557 (b) Any person whose occupation or practice is confined 558 solely to hair braiding, hair wrapping, or body wrappingis 559 exempt from the continuing education requirements of this 560 subsection. 561 Section 27. Paragraph (f) of subsection (1) of section 562 477.026, Florida Statutes, is amended to read: 563 477.026 Fees; disposition.— 564 (1) The board shall set fees according to the following 565 schedule: 566 (f) For hair braiders,hair wrappers, and body wrappers,567 fees for registration shall not exceed $25. 568 Section 28. Paragraph (f) of subsection (1) of section 569 477.0265, Florida Statutes, is amended to read: 570 477.0265 Prohibited acts.— 571 (1) It is unlawful for any person to: 572 (f) Advertise or imply that skin care servicesor body573wrapping, asperformed under this chapter,have any relationship 574 to the practice of massage therapy as defined in s. 480.033(3), 575 except those practices or activities defined in s. 477.013. 576 Section 29. Paragraph (a) of subsection (1) of section 577 477.029, Florida Statutes, is amended to read: 578 477.029 Penalty.— 579 (1) It is unlawful for any person to: 580 (a) Hold himself or herself out as a cosmetologist, 581 specialist, orhair wrapper,hair braider, or body wrapper582 unless duly licensed or registered, or otherwise authorized, as 583 provided in this chapter. 584 Section 30. Subsection (5) of section 481.203, Florida 585 Statutes, is amended to read: 586 481.203 Definitions.—As used in this part: 587 (5) “Business organization” means a partnership, a limited 588 liability company, a corporation, or an individual operating 589 under a fictitious name“Certificate of authorization” means a590certificate issued by the department to a corporation or591partnership to practice architecture or interior design. 592 Section 31. Section 481.219, Florida Statutes, is amended 593 to read: 594 481.219 Business organization; qualifying agents 595Certification of partnerships, limited liability companies, and596corporations.— 597 (1) A licensee mayThe practice of or the offer topractice 598 architecture or interior designby licenseesthrough a business 599 organization that offerscorporation, limited liability company,600or partnershipofferingarchitectural or interior design 601 services to the public, or throughbya business organization 602 that offerscorporation, limited liability company, or603partnershipofferingarchitectural or interior design services 604 to the public through such licenseesunder this partas agents, 605 employees, officers, or partners, is permitted, subject to the606provisions of this section. 607 (2) If a licensee or an applicant proposes to engage in the 608 practice of architecture or interior design as a business 609 organization, the licensee or applicant must apply to qualify 610 the business organizationFor the purposes of this section, a611certificate of authorization shall be required for a612corporation, limited liability company, partnership, or person613practicing under a fictitious name, offering architectural614services to the public jointly or separately. However,whenan615individual is practicing architecture in her or his own name,616she or he shall not be required to be certified under this617section. Certification under this subsection to offer618architectural services shall include all the rights and619privileges of certification under subsection (3) to offer620interior design services. 621 (a) An application to qualify a business organization must: 622 1. If the business is a partnership, state the names of the 623 partnership and its partners. 624 2. If the business is a corporation, state the names of the 625 corporation and its officers and directors and the name of each 626 of its stockholders who is also an officer or a director. 627 3. If the business is operating under a fictitious name, 628 state the fictitious name under which it is doing business. 629 4. If the business is not a partnership, a corporation, or 630 operating under a fictitious name, state the name of such other 631 legal entity and its members. 632 (b) The board may deny an application to qualify a business 633 organization if the applicant or any person required to be named 634 pursuant to paragraph (a) has been involved in past disciplinary 635 actions or on any grounds for which an individual registration 636 or certification may be denied. 637 (3)(a) A business organization may not engage in the 638 practice of architecture unless its qualifying agent is a 639 registered architect under this part. A business organization 640 may not engage in the practice of interior design unless its 641 qualifying agent is a registered architect or a registered 642 interior designer under this part. A qualifying agent who 643 terminates her or his affiliation with a business organization 644 shall immediately notify the department of such termination. If 645 the qualifying agent who terminates her or his affiliation is 646 the only qualifying agent for a business organization, the 647 business organization must be qualified by another qualifying 648 agent within 60 days after the termination. Except as provided 649 in paragraph (b), such a business organization may not engage in 650 the practice of architecture or interior design until it is 651 qualified by a qualifying agent. 652 (b) The executive director or chair of the board may grant 653 a temporary, nonrenewable certificate or registration to a 654 licensee in supervising control, the president, a managing 655 member, a partner, or, in the case of a limited partnership, the 656 general partner for the purpose of allowing the business 657 organization to begin or continue work required under an 658 incomplete contract. Such person shall assume all of the 659 responsibilities of a qualifying agent. For purposes of this 660 paragraph, the term “incomplete contract” means a contract that 661 has been awarded to, or entered into by, the business 662 organization before the termination of affiliation of the 663 qualifying agent with the business organization or a contract on 664 which the business organization was the low bidder and that is 665 subsequently awarded to the business organization, regardless of 666 whether any actual work has commenced under the contract before 667 termination of affiliation by the qualifying agent with the 668 business organization. 669 (c) A qualifying agent shall notify the department in 670 writing before engaging in the practice of architecture or 671 interior design in her or his own name or in affiliation with a 672 different business organization, and she or he or such business 673 organization shall supply the same information to the department 674 as required of applicants under this partFor the purposes of675this section, a certificate of authorization shall be required676for a corporation, limited liability company, partnership, or677person operating under a fictitious name, offering interior678design services to the public jointly or separately. However,679when an individual is practicing interior design in her or his680own name, she or he shall not be required to be certified under681this section. 682 (4) All final construction documents and instruments of 683 service which include drawings, specifications, plans, reports, 684 or other papers or documents that involveinvolvingthe practice 685 of architecture which are prepared or approved for the use of 686 the business organizationcorporation, limited liability687company, or partnershipand filed for public record within the 688 state mustshallbear the signature and seal of the licensee who 689 prepared or approved them and the date on which they were 690 sealed. 691 (5) All drawings, specifications, plans, reports, or other 692 papers or documents prepared or approved for the use of the 693 business organizationcorporation, limited liability company, or694partnershipby an interior designer in her or his professional 695 capacity and filed for public record within the state mustshall696 bear the signature and seal of the licensee who prepared or 697 approved them and the date on which they were sealed. 698 (6)The department shall issue a certificate of699authorization to any applicant who the board certifies as700qualified for a certificate of authorization and who has paid701the fee set in s. 481.207.702(7)The board shall allowcertifyan applicant to qualify 703 one or more business organizationsas qualified for a704certificate of authorizationto offer architectural or interior 705 design services, or to use a fictitious name to offer such 706 services, if one of the following criteria is metprovided that: 707 (a) One or more of the principal officers of the 708 corporation or limited liability company, or one or more 709 partners of the partnership, and all personnel of the 710 corporation, limited liability company, or partnership who act 711 in its behalf in this state as architects, are registered as 712 provided by this part.; or713 (b) One or more of the principal officers of the 714 corporation or one or more partners of the partnership, and all 715 personnel of the corporation, limited liability company, or 716 partnership who act in its behalf in this state as interior 717 designers, are registered as provided by this part. 718(8) The department shall adopt rules establishing a719procedure for the biennial renewal of certificates of720authorization.721(9) The department shall renew a certificate of722authorization upon receipt of the renewal application and723biennial renewal fee.724 (7)(10)Each qualifying agent approved to qualify a 725 business organizationpartnership, limited liability company,726and corporationcertifiedunder this section shall notify the 727 department within 30 days of any change in the information 728 contained in the application upon which the qualification 729certificationis based. Any registered architect or interior 730 designer who qualifies the business organization shall ensure 731corporation, limited liability company, or partnership as732provided in subsection (7) shall be responsible for ensuring733 responsible supervising control of projects of the business 734 organizationentityand upon termination of her or his 735 employment with a business organization qualifiedpartnership,736limited liability company, or corporation certifiedunder this 737 section shall notify the department of the termination within 30 738 days. 739 (8) A licensed qualifying agent for a business organization 740 is jointly and severally liable with the business organization 741 for any damages resulting from the actions of the business 742 organization. 743 (9)(11)A business organization is notNo corporation,744limited liability company, or partnership shallberelieved of 745 responsibility for the conduct or acts of its agents, employees, 746 or officers by reason of its compliance with this section. 747 However, except as provided in s. 558.0035, the architect who 748 signs and seals the construction documents and instruments of 749 service isshall beliable for the professional services 750 performed, and the interior designer who signs and seals the 751 interior design drawings, plans, or specifications isshall be752 liable for the professional services performed. 753(12) Disciplinary action against a corporation, limited754liability company, or partnership shall be administered in the755same manner and on the same grounds as disciplinary action756against a registered architect or interior designer,757respectively.758 (10)(13)Nothing inThis section may notshallbe construed 759 to mean that a certificate of registration to practice 760 architecture or interior design mustshallbe held by a business 761 organizationcorporation, limited liability company, or762partnership.Nothing inThis section does not prohibitprohibits763 corporations, limited liability companies, and partnerships from 764 joining together to offer architectural, engineering, interior 765 design, surveying and mapping, and landscape architectural 766 services, or any combination of such services, to the public if,767provided thateach corporation, limited liability company, or 768 partnership otherwise meets the requirements of law. 769 (11)(14)A business organization that is qualified by a 770 registered architect mayCorporations, limited liability771companies, or partnerships holding a valid certificate of772authorization to practice architecture shall bepermitted touse 773in their titlethe term “interior designer” or “registered 774 interior designer” in its title.designer.”775 Section 32. Subsection (10) of section 481.221, Florida 776 Statutes, is amended to read: 777 481.221 Seals; display of certificate number.— 778 (10) Each registered architect or interior designer or 779 qualifying agent of a business organization must, and each780corporation, limited liability company, or partnership holding a781certificate of authorization, shallinclude her or his license 782itscertificatenumber in any newspaper, telephone directory, or 783 other advertising medium used by the registered architect or,784 interior designer, or business organizationcorporation, limited785liability company, or partnership. A business organization 786corporation, limited liability company, or partnershipis not 787 required to display the certificate number of individual 788 registered architects or interior designers employed by or 789 working within the business organizationcorporation, limited790liability company, or partnership. 791 Section 33. Paragraphs (a) and (c) of subsection (5) of 792 section 481.229, Florida Statutes, are amended to read: 793 481.229 Exceptions; exemptions from licensure.— 794 (5)(a)Nothing contained inThis part does not prohibit 795shall preventa registered architect or a qualified business 796 organizationpartnership, limited liability company, or797corporation holding a valid certificate of authorization to798provide architectural servicesfrom performing any interior 799 design service or from using the title “interior designer” or 800 “registered interior designer.” 801 (c) Notwithstanding any other provision of this part, a 802 registered architect or qualified business organization 803 certifiedanycorporation, partnership, or person operating804under a fictitious name which holds a certificate of805authorizationto provide architectural services mustshallbe 806 qualified, without fee,for a certificate of authorizationto 807 provide interior design services upon submission of a completed 808 application for qualificationtherefor.For corporations,809partnerships, and persons operating under a fictitious name810which hold a certificate of authorization to provide interior811design services, satisfaction of the requirements for renewal of812the certificate of authorization to provide architectural813services under s. 481.219 shall be deemed to satisfy the814requirements for renewal of the certificate of authorization to815provide interior design services under that section.816 Section 34. Section 481.303, Florida Statutes, is reordered 817 and amended to read: 818 481.303 Definitions.—As used in this chapter, the term: 819 (1) “Board” means the Board of Landscape Architecture. 820 (3)(2)“Department” means the Department of Business and 821 Professional Regulation. 822 (6)(3)“Registered landscape architect” means a person who 823 holds a license to practice landscape architecture in this state 824 under the authority of this act. 825 (2)(4)“Certificate of registration” means a license issued 826 by the department to a natural person to engage in the practice 827 of landscape architecture. 828(5) “Certificate of authorization” means a license issued829by the department to a corporation or partnership to engage in830the practice of landscape architecture.831 (4)(6)“Landscape architecture” means professional 832 services, including, but not limited to, the following: 833 (a) Consultation, investigation, research, planning, 834 design, preparation of drawings, specifications, contract 835 documents and reports, responsible construction supervision, or 836 landscape management in connection with the planning and 837 development of land and incidental water areas, including the 838 use of Florida-friendly landscaping as defined in s. 373.185, 839 where, and to the extent that, the dominant purpose of such 840 services or creative works is the preservation, conservation, 841 enhancement, or determination of proper land uses, natural land 842 features, ground cover and plantings, or naturalistic and 843 aesthetic values; 844 (b) The determination of settings, grounds, and approaches 845 for and the siting of buildings and structures, outdoor areas, 846 or other improvements; 847 (c) The setting of grades, shaping and contouring of land 848 and water forms, determination of drainage, and provision for 849 storm drainage and irrigation systems where such systems are 850 necessary to the purposes outlined herein; and 851 (d) The design of such tangible objects and features as are 852 necessary to the purpose outlined herein. 853 (5)(7)“Landscape design” means consultation for and 854 preparation of planting plans drawn for compensation, including 855 specifications and installation details for plant materials, 856 soil amendments, mulches, edging, gravel, and other similar 857 materials. Such plans may include only recommendations for the 858 conceptual placement of tangible objects for landscape design 859 projects. Construction documents, details, and specifications 860 for tangible objects and irrigation systems shall be designed or 861 approved by licensed professionals as required by law. 862 Section 35. Subsection (5) of section 481.321, Florida 863 Statutes, is amended to read: 864 481.321 Seals; display of certificate number.— 865 (5) Each registered landscape architect mustand each866corporation or partnership holding a certificate of867authorization shallinclude her or hisitscertificate number in 868 any newspaper, telephone directory, or other advertising medium 869 used by the registered landscape architect, corporation, or 870 partnership. A corporation or partnership mustis not required871todisplay the certificate numbernumbersof at least one 872 officer, director, owner, or partner who is aindividual873 registered landscape architectarchitectsemployed by or 874 practicing with the corporation or partnership. 875 Section 36. Subsection (4) of section 481.311, Florida 876 Statutes, is amended to read: 877 481.311 Licensure.— 878(4) The board shall certify as qualified for a certificate879of authorization any applicant corporation or partnership who880satisfies the requirements of s. 481.319.881 Section 37. Subsection (2) of section 481.317, Florida 882 Statutes, is amended to read: 883 481.317 Temporary certificates.— 884(2) Upon approval by the board and payment of the fee set885in s. 481.307, the department shall grant a temporary886certificate of authorization for work on one specified project887in this state for a period not to exceed 1 year to an out-of888state corporation, partnership, or firm, provided one of the889principal officers of the corporation, one of the partners of890the partnership, or one of the principals in the fictitiously891named firm has obtained a temporary certificate of registration892in accordance with subsection (1).893 Section 38. Section 481.319, Florida Statutes, is amended 894 to read: 895 481.319 Corporate and partnership practice of landscape 896 architecture; certificate of authorization.— 897 (1) The practice of or offer to practice landscape 898 architecture by registered landscape architects registered under 899 this part through a corporation or partnership offering 900 landscape architectural services to the public, or through a 901 corporation or partnership offering landscape architectural 902 services to the public through individual registered landscape 903 architects as agents, employees, officers, or partners, is 904 permitted, subject to the provisions of this section, if: 905 (a) One or more of the principal officers of the 906 corporation, or partners of the partnership, and all personnel 907 of the corporation or partnership who act in its behalf as 908 landscape architects in this state are registered landscape 909 architects; and 910 (b) One or more of the officers, one or more of the 911 directors, one or more of the owners of the corporation, or one 912 or more of the partners of the partnership is a registered 913 landscape architect; and914(c) The corporation or partnership has been issued a915certificate of authorization by the board as provided herein. 916 (2) All documents involving the practice of landscape 917 architecture which are prepared for the use of the corporation 918 or partnership shall bear the signature and seal of a registered 919 landscape architect. 920 (3) A landscape architect applying to practice in the name 921 of aAn applicantcorporation mustshallfile with the 922 department the names and addresses of all officers and board 923 members of the corporation, including the principal officer or 924 officers, duly registered to practice landscape architecture in 925 this state and, also, of all individuals duly registered to 926 practice landscape architecture in this state who shall be in 927 responsible charge of the practice of landscape architecture by 928 the corporation in this state. A landscape architect applying to 929 practice in the name of aAn applicantpartnership mustshall930 file with the department the names and addresses of all partners 931 of the partnership, including the partner or partners duly 932 registered to practice landscape architecture in this state and, 933 also, of an individual or individuals duly registered to 934 practice landscape architecture in this state who shall be in 935 responsible charge of the practice of landscape architecture by 936 said partnership in this state. 937 (4) Each landscape architect qualifying a partnership or 938andcorporationlicensedunder this part mustshallnotify the 939 department within 1 month of any change in the information 940 contained in the application upon which the license is based. 941 Any landscape architect who terminates her or hisor her942 employment with a partnership or corporation licensed under this 943 part shall notify the department of the termination within 1 944 month. 945 (5)Disciplinary action against a corporation or946partnership shall be administered in the same manner and on the947same grounds as disciplinary action against a registered948landscape architect.949(6)Except as provided in s. 558.0035, the fact that a 950 registered landscape architect practices landscape architecture 951 through a corporation or partnership as provided in this section 952 does not relieve the landscape architect from personal liability 953 for her or hisor herprofessional acts. 954 Section 39. Subsection (5) of section 481.329, Florida 955 Statutes, is amended to read: 956 481.329 Exceptions; exemptions from licensure.— 957 (5) This part does not prohibit any person from engaging in 958 the practice of landscape design, as defined in s. 481.303(5)s.959481.303(7), or from submitting for approval to a governmental 960 agency planting plans that are independent of, or a component 961 of, construction documents that are prepared by a Florida 962 registered professional. Persons providing landscape design 963 services shall not use the title, term, or designation 964 “landscape architect,” “landscape architectural,” “landscape 965 architecture,” “L.A.,” “landscape engineering,” or any 966 description tending to convey the impression that she or he is a 967 landscape architect unless she or he is registered as provided 968 in this part. 969 Section 40. Subsection (14) of section 489.503, Florida 970 Statutes, is amended, and subsection (24) is added to that 971 section, to read: 972 489.503 Exemptions.—This part does not apply to: 973 (14) The sale of, installation of, repair of, alteration 974 of, addition to, or design of electrical wiring, fixtures, 975 appliances, thermostats, apparatus, raceways, computers, 976 customer premises equipment, customer premises wiring, and 977 conduit, or any part thereof,by an employee, contractor,978subcontractor, or affiliate of a company operating under a979certificate issued under chapter 364 or chapter 610, or under a980local franchise or right-of-way agreement,if those items are 981 for the purpose of transmitting data, voice, video, or other 982 communications, or commands as part of a cable television, 983 community antenna television, radio distribution, 984 communications, or telecommunications system. An employee, 985 subcontractor, contractor, or affiliate of a company that 986 operates under a certificate issued under chapter 364 or chapter 987 610, or under a local franchise or right-of-way agreement, is 988 not subject to any local ordinance that requires a permit for 989 work related to low-voltage electrical work, including related 990 technical codes, regulations, and licensure. The scope of this 991 exemption is limited to electrical circuits and equipment 992 governed by the applicable provisions of Articles 725 (Classes 2 993 and 3 circuits only), 770, 800, 810, and 820 of the National 994 Electrical Code, current edition, or 47 C.F.R. part 68, and995employees, contractors, and subcontractors of companies, and996affiliates thereof, operating under a certificate issued under997chapter 364 or chapter 610 or under a local franchise or right998of-way agreement. This subsection does not relieve any person 999 from licensure as an alarm system contractor. 1000 (24) A person who installs low-voltage landscape lighting 1001 that contains a factory-installed electrical cord with a plug 1002 and does not require installation, wiring, or a modification to 1003 the electrical wiring in a structure. 1004 Section 41. Present paragraphs (a) through (e) of 1005 subsection (2) of section 489.518, Florida Statutes, are 1006 redesignated as paragraphs (b) through (f), respectively, and a 1007 new paragraph (a) is added to that subsection, to read: 1008 489.518 Alarm system agents.— 1009 (2)(a) A person who performs only sales or installations of 1010 wireless alarm systems, other than fire alarm systems, in a 1011 single-family residence is not required to complete the initial 1012 training required for burglar alarm system agents. 1013 Section 42. Section 492.111, Florida Statutes, is amended 1014 to read: 1015 492.111 Practice of professional geology by a firm, 1016 corporation, or partnership; certificate of authorization.—The 1017 practice of, or offer to practice, professional geology by 1018 individual professional geologists licensed under the provisions 1019 of this chapter through a firm, corporation, or partnership 1020 offering geological services to the public through individually 1021 licensed professional geologists as agents, employees, officers, 1022 or partners thereof is permitted subject to the provisions of 1023 this chapter, ifprovided that: 1024 (1) At all times that it offers geological services to the 1025 public, the firm, corporation, or partnership is qualified by 1026has on file with the department the name and license number of1027 one or more individuals who hold a current, active license as a 1028 professional geologist in the state and are serving as a 1029 geologist of record for the firm, corporation, or partnership. A 1030 geologist of record may be any principal officer or employee of 1031 such firm or corporation, or any partner or employee of such 1032 partnership, who holds a current, active license as a 1033 professional geologist in this state, or any other Florida 1034 licensed professional geologist with whom the firm, corporation, 1035 or partnership has entered into a long-term, ongoing 1036 relationship, as defined by rule of the board, to serve as one 1037 of its geologists of record.It shall be the responsibility of1038thefirm, corporation, or partnership andThe geologist of 1039 record shalltonotify the department of any changes in the 1040 relationship or identity of that geologist of record within 30 1041 days after such change. 1042 (2)The firm, corporation, or partnership has been issued a1043certificate of authorization by the department as provided in1044this chapter. For purposes of this section, a certificate of1045authorization shall be required of any firm, corporation,1046partnership, association, or person practicing under a1047fictitious name and offering geological services to the public;1048except that, when an individual is practicing professional1049geology in her or his own name, she or he shall not be required1050to obtain a certificate of authorization under this section.1051Such certificate of authorization shall be renewed every 21052years.1053(3)All final geological papers or documents involving the 1054 practice of the profession of geology which have been prepared 1055 or approved for the use of such firm, corporation, or 1056 partnership, for delivery to any person for public record with 1057 the state, shall be dated and bear the signature and seal of the 1058 professional geologist or professional geologists who prepared 1059 or approved them. 1060 (3)(4)Except as provided in s. 558.0035, the fact that a 1061 licensed professional geologist practices through a corporation 1062 or partnership does not relieve the registrant from personal 1063 liability for negligence, misconduct, or wrongful acts committed 1064 by her or him. The partnership and all partners are jointly and 1065 severally liable for the negligence, misconduct, or wrongful 1066 acts committed by their agents, employees, or partners while 1067 acting in a professional capacity. Any officer, agent, or 1068 employee of a corporation is personally liable and accountable 1069 only for negligent acts, wrongful acts, or misconduct committed 1070 by her or him or committed by any person under her or his direct 1071 supervision and control, while rendering professional services 1072 on behalf of the corporation. The personal liability of a 1073 shareholder of a corporation, in her or his capacity as 1074 shareholder, may be no greater than that of a shareholder 1075 employee of a corporation incorporated under chapter 607. The 1076 corporation is liable up to the full value of its property for 1077 any negligent acts, wrongful acts, or misconduct committed by 1078 any of its officers, agents, or employees while they are engaged 1079 on behalf of the corporation in the rendering of professional 1080 services. 1081(5) The firm, corporation, or partnership desiring a1082certificate of authorization shall file with the department an1083application therefor, upon a form to be prescribed by the1084department, accompanied by the required application fee.1085(6) The department may refuse to issue a certificate of1086authorization if any facts exist which would entitle the1087department to suspend or revoke an existing certificate of1088authorization or if the department, after giving persons1089involved a full and fair hearing, determines that any of the1090officers or directors of said firm or corporation, or partners1091of said partnership, have violated the provisions of s. 492.113.1092 Section 43. Section 492.104, Florida Statutes, is amended 1093 to read: 1094 492.104 Rulemaking authority.—The Board of Professional 1095 Geologists mayhas authority toadopt rules pursuant to ss. 1096 120.536(1) and 120.54 to implement this chapter. Every licensee 1097 shall be governed and controlled by this chapter and the rules 1098 adopted by the board. The board may establishis authorized to1099set, by rule, fees for application, examination,certificate of1100authorization,late renewal, initial licensure, and license 1101 renewal. These fees mayshouldnot exceed the cost of 1102 implementing the application, examination, initial licensure, 1103 and license renewal or other administrative process and are 1104shall beestablished as follows: 1105 (1) The application fee mayshallnot exceed $150 and is 1106shall benonrefundable. 1107 (2) The examination fee mayshallnot exceed $250, and the 1108 fee may be apportioned to each part of a multipart examination. 1109 The examination fee shall be refundable in whole or part if the 1110 applicant is found to be ineligible to take any portion of the 1111 licensure examination. 1112 (3) The initial license fee mayshallnot exceed $100. 1113 (4) The biennial renewal fee mayshallnot exceed $150. 1114 (5)The fee for a certificate of authorization shall not1115exceed $350 and the fee for renewal of the certificate shall not1116exceed $350.1117(6)The fee for reactivation of an inactive license may 1118shallnot exceed $50. 1119 (6)(7)The fee for a provisional license mayshallnot 1120 exceed $400. 1121 (7)(8)The fee for application, examination, and licensure 1122 for a license by endorsement isshall beas provided in this 1123 section for licenses in general. 1124 Section 44. Subsection (4) of section 492.113, Florida 1125 Statutes, is amended to read: 1126 492.113 Disciplinary proceedings.— 1127 (4) The department shall reissue the license of a 1128 disciplined professional geologistor businessupon 1129 certification by the board that the disciplined person has 1130 complied withall ofthe terms and conditions set forth in the 1131 final order. 1132 Section 45. Section 492.115, Florida Statutes, is amended 1133 to read: 1134 492.115 Roster of licensed professional geologists.—A 1135 roster showing the names and places of business or residence of 1136 all licensed professional geologists and all properly qualified 1137 firms, corporations, or partnerships practicingholding1138certificates of authorization to practiceprofessional geology 1139 in the state shall be prepared annually by the department. A 1140 copy of this roster must be made available toshall be1141obtainable byeach licensed professional geologist and each 1142 firm, corporation, or partnership qualified by a professional 1143 geologistholding a certificate of authorization, and copies 1144 thereof shall be placed on file with the department. 1145 Section 46. This act shall take effect July 1, 2016.