Bill Text: FL S1050 | 2016 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2016 CS for SB 1050
By the Committee on Regulated Industries; and Senator Brandes
580-02951-16 20161050c1
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.
47 477.0132, F.S.; excluding the practices of hair
48 wrapping and body wrapping from regulation under the
49 Florida Cosmetology Act; amending s. 477.0135, F.S.;
50 providing that a license or registration is not
51 required for a person whose occupation or practice is
52 confined solely to adding polish to nails or solely to
53 hair wrapping or body wrapping; amending ss. 477.019,
54 477.026, 477.0265, and 477.029, F.S.; conforming
55 provisions to changes made by the act; amending s.
56 481.203, F.S.; defining the term “business
57 organization”; deleting the definition of the term
58 “certificate of authorization”; amending s. 481.219,
59 F.S.; revising the process by which a business
60 organization obtains the requisite license to perform
61 architectural services; requiring that a licensee or
62 an applicant apply to qualify a business organization
63 under certain circumstances; specifying application
64 requirements; authorizing the Board of Architecture
65 and Interior Design to deny an application under
66 certain circumstances; requiring that a qualifying
67 agent be a registered architect or a registered
68 interior designer under certain circumstances;
69 requiring that a qualifying agent notify the
70 department when she or he ceases to be affiliated with
71 a business organization; prohibiting a business
72 organization from engaging in certain practices until
73 it is qualified by a qualifying agent; authorizing a
74 business organization to proceed with specified
75 contracts under a temporary certificate in certain
76 circumstances; defining the term “incomplete
77 contract”; requiring the qualifying agent to give
78 written notice to the department before engaging in
79 practice under her or his own name or in affiliation
80 with another business organization; requiring the
81 board to certify an applicant to qualify one or more
82 business organizations or to operate using a
83 fictitious name under certain circumstances;
84 conforming provisions to changes made by the act;
85 amending ss. 481.221 and 481.229, F.S.; conforming
86 provisions to changes made by the act; reordering and
87 amending s. 481.303, F.S.; deleting the term
88 “certificate of authorization”; amending s. 481.321,
89 F.S.; revising provisions that require persons to
90 display certificate numbers under certain
91 circumstances; conforming provisions to changes made
92 by the act; amending ss. 481.311, 481.317, and
93 481.319, F.S.; conforming provisions to changes made
94 by the act; amending s. 481.329, F.S.; conforming a
95 cross-reference; amending s. 489.503, F.S.; deleting
96 an exemption from regulation for certain persons;
97 exempting a person who installs certain low-voltage
98 landscape lighting from specified requirements;
99 amending s. 489.518, F.S.; exempting certain persons
100 from initial training for burglar alarm system agents;
101 providing an effective date.
102
103 Be It Enacted by the Legislature of the State of Florida:
104
105 Section 1. Subsection (13) of section 326.004, Florida
106 Statutes, is amended to read:
107 326.004 Licensing.—
108 (13) Each broker must maintain a principal place of
109 business in this state and may establish branch offices in the
110 state. A separate license must be maintained for each branch
111 office. The division shall establish by rule a fee not to exceed
112 $100 for each branch office license.
113 Section 2. Subsection (3) of section 447.02, Florida
114 Statutes, is amended to read:
115 447.02 Definitions.—The following terms, when used in this
116 chapter, shall have the meanings ascribed to them in this
117 section:
118 (3) The term “department” means the Department of Business
119 and Professional Regulation.
120 Section 3. Section 447.04, Florida Statutes, is repealed.
121 Section 4. Section 447.041, Florida Statutes, is repealed.
122 Section 5. Section 447.045, Florida Statutes, is repealed.
123 Section 6. Section 447.06, Florida Statutes, is repealed.
124 Section 7. Subsections (6) and (8) of section 447.09,
125 Florida Statutes, are amended to read:
126 447.09 Right of franchise preserved; penalties.—It shall be
127 unlawful for any person:
128 (6) To act as a business agent without having obtained and
129 possessing a valid and subsisting license or permit.
130 (8) To make any false statement in an application for a
131 license.
132 Section 8. Section 447.12, Florida Statutes, is repealed.
133 Section 9. Section 447.16, Florida Statutes, is repealed.
134 Section 10. Part VII of chapter 468, Florida Statutes,
135 consisting of ss. 468.401, 468.402, 468.403, 468.404, 468.405,
136 468.406, 468.407, 468.408, 468.409, 468.410, 468.411, 468.412,
137 468.413, 468.414, and 468.415, is repealed.
138 Section 11. Section 468.451, Florida Statutes, is amended
139 to read:
140 468.451 Legislative findings and intent.—The Legislature
141 finds that dishonest or unscrupulous practices by agents who
142 solicit representation of student athletes can cause significant
143 harm to student athletes and the academic institutions for which
144 they play. It is the intent of the Legislature to provide civil
145 and criminal causes of action against athlete agents to protect
146 the interests of student athletes and academic institutions by
147 regulating the activities of athlete agents.
148 Section 12. Subsections (4) through (7) of section 468.452,
149 Florida Statutes, are reordered and amended to read:
150 468.452 Definitions.—For purposes of this part, the term:
151 (4) “Department” means the Department of Business and
152 Professional Regulation.
153 (6)(5) “Student athlete” means any student who:
154 (a) Resides in Florida, has informed, in writing, a college
155 or university of the student’s intent to participate in that
156 school’s intercollegiate athletics, or who does participate in
157 that school’s intercollegiate athletics and is eligible to do
158 so; or
159 (b) Does not reside in Florida, but has informed, in
160 writing, a college or university in Florida of the student’s
161 intent to participate in that school’s intercollegiate
162 athletics, or who does participate in that school’s
163 intercollegiate athletics and is eligible to do so.
164 (4)(6) “Financial services” means the counseling on or the
165 making or execution of investment and other financial decisions
166 by the agent on behalf of the student athlete.
167 (5)(7) “Participation” means practicing, competing, or
168 otherwise representing a college or university in
169 intercollegiate athletics.
170 Section 13. Section 468.453, Florida Statutes, is repealed.
171 Section 14. Section 468.4536, Florida Statutes, is
172 repealed.
173 Section 15. Subsections (2) and (12) of section 468.454,
174 Florida Statutes, are amended to read:
175 468.454 Contracts.—
176 (2) An agent contract must state:
177 (a) The amount and method of calculating the consideration
178 to be paid by the student athlete for services to be provided by
179 the athlete agent and any other consideration the agent has
180 received or will receive from any other source under the
181 contract;
182 (b) The name of any person not listed in the licensure
183 application who will be compensated because the student athlete
184 signed the agent contract;
185 (c) A description of any expenses that the student athlete
186 agrees to reimburse;
187 (d) A description of the services to be provided to the
188 student athlete;
189 (e) The duration of the contract; and
190 (f) The date of execution.
191 (12) An agent contract between a student athlete and a
192 person not licensed under this part is void and unenforceable.
193 Section 16. Section 468.456, Florida Statutes, is repealed.
194 Section 17. Section 468.4561, Florida Statutes, is
195 repealed.
196 Section 18. Section 468.45615, Florida Statutes, is amended
197 to read:
198 468.45615 Provision of illegal inducements to athletes
199 prohibited; penalties; license suspension.—
200 (1) A Any person who offers anything of value to another
201 person to induce a student athlete to enter into an agreement by
202 which the athlete agent will represent the student athlete
203 commits violates s. 468.456(1)(f) is guilty of a felony of the
204 second degree, punishable as provided in s. 775.082, s. 775.083,
205 s. 775.084, s. 775.089, or s. 775.091. Negotiations regarding an
206 athlete agent’s fee are not considered an inducement.
207 (2)(a) Regardless of whether adjudication is withheld, any
208 person convicted or found guilty of, or entering a plea of nolo
209 contendere to, the violation described in subsection (1) may
210 shall not employ, utilize, or otherwise collaborate with an a
211 licensed or unlicensed athlete agent in Florida to illegally
212 recruit or solicit student athletes. Any person who violates the
213 provisions of this subsection is guilty of a felony of the
214 second degree, punishable as provided in s. 775.082, s. 775.083,
215 s. 775.084, s. 775.089, or s. 775.091.
216 (b) Regardless of whether adjudication is withheld, any
217 person who knowingly actively assists in the illegal recruitment
218 or solicitation of student athletes for a person who has been
219 convicted or found guilty of, or entered a plea of nolo
220 contendere to, a violation of this section is guilty of a felony
221 of the second degree, punishable as provided in s. 775.082, s.
222 775.083, s. 775.084, s. 775.089, or s. 775.091.
223 (3) In addition to any other penalties provided in this
224 section, the court may suspend the license of the person pending
225 the outcome of any administrative action against the person by
226 the department.
227 (3)(4)(a) An athlete agent, with the intent to induce a
228 student athlete to enter into an agent contract, may not:
229 1. Give any materially false or misleading information or
230 make a materially false promise or representation;
231 2. Furnish anything of value to a student athlete before
232 the student athlete enters into the agent contract; or
233 3. Furnish anything of value to any individual other than
234 the student athlete or another athlete agent.
235 (b) An athlete agent may not intentionally:
236 1. Initiate contact with a student athlete unless licensed
237 under this part;
238 2. Refuse or fail to retain or permit inspection of the
239 records required to be retained by s. 468.4565;
240 3. Provide materially false or misleading information in an
241 application for licensure;
242 2.4. Predate or postdate an agent contract;
243 3.5. Fail to give notice of the existence of an agent
244 contract as required by s. 468.454(6); or
245 4.6. Fail to notify a student athlete before the student
246 athlete signs or otherwise authenticates an agent contract for a
247 sport that the signing or authentication may make the student
248 athlete ineligible to participate as a student athlete in that
249 sport.
250 (c) An athlete agent who violates this subsection commits a
251 felony of the second degree, punishable as provided in s.
252 775.082, s. 775.083, or s. 775.084.
253 Section 19. Section 468.4565, Florida Statutes, is amended
254 to read:
255 468.4565 Business records requirement.—
256 (1) An athlete agent shall establish and maintain complete
257 financial and business records. The athlete agent shall save
258 each entry into a financial or business record for at least 5
259 years after from the date of entry. These records must include:
260 (1)(a) The name and address of each individual represented
261 by the athlete agent;
262 (2)(b) Any agent contract entered into by the athlete
263 agent; and
264 (3)(c) Any direct costs incurred by the athlete agent in
265 the recruitment or solicitation of a student athlete to enter
266 into an agent contract.
267 (2) The department shall have access to and shall have the
268 right to inspect and examine the financial or business records
269 of an athlete agent during normal business hours. Refusal or
270 failure of an athlete agent to provide the department access to
271 financial and business records shall be the basis for
272 disciplinary action by the department pursuant to s. 455.225.
273 The department may exercise its subpoena powers to obtain the
274 financial and business records of an athlete agent.
275 Section 20. Section 468.457, Florida Statutes, is repealed.
276 Section 21. Paragraphs (a) and (e) of subsection (2),
277 subsection (3), paragraph (b) of subsection (4), and subsection
278 (6) of section 469.006, Florida Statutes, are amended to read:
279 469.006 Licensure of business organizations; qualifying
280 agents.—
281 (2)(a) If the applicant proposes to engage in consulting or
282 contracting as a partnership, corporation, business trust, or
283 other legal entity, or in any name other than the applicant’s
284 legal name, the legal entity must apply for licensure through a
285 qualifying agent or the individual applicant must apply for
286 licensure under the name of the business organization fictitious
287 name.
288 (e) A The license, when issued upon application of a
289 business organization, must be in the name of the qualifying
290 agent business organization, and the name of the business
291 organization qualifying agent must be noted on the license
292 thereon. If there is a change in any information that is
293 required to be stated on the application, the qualifying agent
294 business organization shall, within 45 days after such change
295 occurs, mail the correct information to the department.
296 (3) The qualifying agent must shall be licensed under this
297 chapter in order for the business organization to be qualified
298 licensed in the category of the business conducted for which the
299 qualifying agent is licensed. If any qualifying agent ceases to
300 be affiliated with such business organization, the agent shall
301 so inform the department. In addition, if such qualifying agent
302 is the only licensed individual affiliated with the business
303 organization, the business organization shall notify the
304 department of the termination of the qualifying agent and has
305 shall have 60 days after from the date of termination of the
306 qualifying agent’s affiliation with the business organization in
307 which to employ another qualifying agent. The business
308 organization may not engage in consulting or contracting until a
309 qualifying agent is employed, unless the department has granted
310 a temporary nonrenewable license to the financially responsible
311 officer, the president, the sole proprietor, a partner, or, in
312 the case of a limited partnership, the general partner, who
313 assumes all responsibilities of a primary qualifying agent for
314 the entity. This temporary license only allows shall only allow
315 the entity to proceed with incomplete contracts.
316 (4)
317 (b) Upon a favorable determination by the department, after
318 investigation of the financial responsibility, credit, and
319 business reputation of the qualifying agent and the new business
320 organization, the department shall issue, without any
321 examination, a new license in the qualifying agent’s business
322 organization’s name, and the name of the business organization
323 qualifying agent shall be noted thereon.
324 (6) Each qualifying agent shall pay the department an
325 amount equal to the original fee for licensure of a new business
326 organization. if the qualifying agent for a business
327 organization desires to qualify additional business
328 organizations., The department shall require the agent to
329 present evidence of supervisory ability and financial
330 responsibility of each such organization. Allowing a licensee to
331 qualify more than one business organization must shall be
332 conditioned upon the licensee showing that the licensee has both
333 the capacity and intent to adequately supervise each business
334 organization. The department may shall not limit the number of
335 business organizations that which the licensee may qualify
336 except upon the licensee’s failure to provide such information
337 as is required under this subsection or upon a finding that the
338 such information or evidence as is supplied is incomplete or
339 unpersuasive in showing the licensee’s capacity and intent to
340 comply with the requirements of this subsection. A qualification
341 for an additional business organization may be revoked or
342 suspended upon a finding by the department that the licensee has
343 failed in the licensee’s responsibility to adequately supervise
344 the operations of the business organization. Failure to
345 adequately supervise the operations of a business organization
346 is shall be grounds for denial to qualify additional business
347 organizations.
348 Section 22. Subsection (1) of section 469.009, Florida
349 Statutes, is amended to read:
350 469.009 License revocation, suspension, and denial of
351 issuance or renewal.—
352 (1) The department may revoke, suspend, or deny the
353 issuance or renewal of a license; reprimand, censure, or place
354 on probation any contractor, consultant, or financially
355 responsible officer, or business organization; require financial
356 restitution to a consumer; impose an administrative fine not to
357 exceed $5,000 per violation; require continuing education; or
358 assess costs associated with any investigation and prosecution
359 if the contractor or consultant, or business organization or
360 officer or agent thereof, is found guilty of any of the
361 following acts:
362 (a) Willfully or deliberately disregarding or violating the
363 health and safety standards of the Occupational Safety and
364 Health Act of 1970, the Construction Safety Act, the National
365 Emission Standards for Asbestos, the Environmental Protection
366 Agency Asbestos Abatement Projects Worker Protection Rule, the
367 Florida Statutes or rules promulgated thereunder, or any
368 ordinance enacted by a political subdivision of this state.
369 (b) Violating any provision of chapter 455.
370 (c) Failing in any material respect to comply with the
371 provisions of this chapter or any rule promulgated hereunder.
372 (d) Acting in the capacity of an asbestos contractor or
373 asbestos consultant under any license issued under this chapter
374 except in the name of the licensee as set forth on the issued
375 license.
376 (e) Proceeding on any job without obtaining all applicable
377 approvals, authorizations, permits, and inspections.
378 (f) Obtaining a license by fraud or misrepresentation.
379 (g) Being convicted or found guilty of, or entering a plea
380 of nolo contendere to, regardless of adjudication, a crime in
381 any jurisdiction which directly relates to the practice of
382 asbestos consulting or contracting or the ability to practice
383 asbestos consulting or contracting.
384 (h) Knowingly violating any building code, lifesafety code,
385 or county or municipal ordinance relating to the practice of
386 asbestos consulting or contracting.
387 (i) Performing any act which assists a person or entity in
388 engaging in the prohibited unlicensed practice of asbestos
389 consulting or contracting, if the licensee knows or has
390 reasonable grounds to know that the person or entity was
391 unlicensed.
392 (j) Committing mismanagement or misconduct in the practice
393 of contracting that causes financial harm to a customer.
394 Financial mismanagement or misconduct occurs when:
395 1. Valid liens have been recorded against the property of a
396 contractor’s customer for supplies or services ordered by the
397 contractor for the customer’s job; the contractor has received
398 funds from the customer to pay for the supplies or services; and
399 the contractor has not had the liens removed from the property,
400 by payment or by bond, within 75 days after the date of such
401 liens;
402 2. The contractor has abandoned a customer’s job and the
403 percentage of completion is less than the percentage of the
404 total contract price paid to the contractor as of the time of
405 abandonment, unless the contractor is entitled to retain such
406 funds under the terms of the contract or refunds the excess
407 funds within 30 days after the date the job is abandoned; or
408 3. The contractor’s job has been completed, and it is shown
409 that the customer has had to pay more for the contracted job
410 than the original contract price, as adjusted for subsequent
411 change orders, unless such increase in cost was the result of
412 circumstances beyond the control of the contractor, was the
413 result of circumstances caused by the customer, or was otherwise
414 permitted by the terms of the contract between the contractor
415 and the customer.
416 (k) Being disciplined by any municipality or county for an
417 act or violation of this chapter.
418 (l) Failing in any material respect to comply with the
419 provisions of this chapter, or violating a rule or lawful order
420 of the department.
421 (m) Abandoning an asbestos abatement project in which the
422 asbestos contractor is engaged or under contract as a
423 contractor. A project may be presumed abandoned after 20 days if
424 the contractor terminates the project without just cause and
425 without proper notification to the owner, including the reason
426 for termination; if the contractor fails to reasonably secure
427 the project to safeguard the public while work is stopped; or if
428 the contractor fails to perform work without just cause for 20
429 days.
430 (n) Signing a statement with respect to a project or
431 contract falsely indicating that the work is bonded; falsely
432 indicating that payment has been made for all subcontracted
433 work, labor, and materials which results in a financial loss to
434 the owner, purchaser, or contractor; or falsely indicating that
435 workers’ compensation and public liability insurance are
436 provided.
437 (o) Committing fraud or deceit in the practice of asbestos
438 consulting or contracting.
439 (p) Committing incompetency or misconduct in the practice
440 of asbestos consulting or contracting.
441 (q) Committing gross negligence, repeated negligence, or
442 negligence resulting in a significant danger to life or property
443 in the practice of asbestos consulting or contracting.
444 (r) Intimidating, threatening, coercing, or otherwise
445 discouraging the service of a notice to owner under part I of
446 chapter 713 or a notice to contractor under chapter 255 or part
447 I of chapter 713.
448 (s) Failing to satisfy, within a reasonable time, the terms
449 of a civil judgment obtained against the licensee, or the
450 business organization qualified by the licensee, relating to the
451 practice of the licensee’s profession.
452
453 For the purposes of this subsection, construction is considered
454 to be commenced when the contract is executed and the contractor
455 has accepted funds from the customer or lender.
456 Section 23. Section 477.0132, Florida Statutes, is amended
457 to read:
458 477.0132 Hair braiding, hair wrapping, and body wrapping
459 registration.—
460 (1)(a) Persons whose occupation or practice is confined
461 solely to hair braiding must register with the department, pay
462 the applicable registration fee, and take a two-day 16-hour
463 course. The course shall be board approved and consist of 5
464 hours of HIV/AIDS and other communicable diseases, 5 hours of
465 sanitation and sterilization, 4 hours of disorders and diseases
466 of the scalp, and 2 hours of studies regarding laws affecting
467 hair braiding.
468 (b) Persons whose occupation or practice is confined solely
469 to hair wrapping must register with the department, pay the
470 applicable registration fee, and take a one-day 6-hour course.
471 The course shall be board approved and consist of education in
472 HIV/AIDS and other communicable diseases, sanitation and
473 sterilization, disorders and diseases of the scalp, and studies
474 regarding laws affecting hair wrapping.
475 (c) Unless otherwise licensed or exempted from licensure
476 under this chapter, any person whose occupation or practice is
477 body wrapping must register with the department, pay the
478 applicable registration fee, and take a two-day 12-hour course.
479 The course shall be board approved and consist of education in
480 HIV/AIDS and other communicable diseases, sanitation and
481 sterilization, disorders and diseases of the skin, and studies
482 regarding laws affecting body wrapping.
483 (d) Only the board may review, evaluate, and approve a
484 course required of an applicant for registration under this
485 subsection in the occupation or practice of hair braiding, hair
486 wrapping, or body wrapping. A provider of such a course is not
487 required to hold a license under chapter 1005.
488 (2) Hair braiding is, hair wrapping, and body wrapping are
489 not required to be practiced in a cosmetology salon or specialty
490 salon. When hair braiding, hair wrapping, or body wrapping is
491 practiced outside a cosmetology salon or specialty salon,
492 disposable implements must be used or all implements must be
493 sanitized in a disinfectant approved for hospital use or
494 approved by the federal Environmental Protection Agency.
495 (3) Pending issuance of registration, a person is eligible
496 to practice hair braiding, hair wrapping, or body wrapping upon
497 submission of a registration application that includes proof of
498 successful completion of the education requirements and payment
499 of the applicable fees required by this chapter.
500 Section 24. Subsections (7), (8), and (9) are added to
501 section 477.0135, Florida Statutes, to read:
502 477.0135 Exemptions.—
503 (7) A license or registration is not required for a person
504 whose occupation or practice is confined solely to adding polish
505 to fingernails and toenails.
506 (8) A license or registration is not required for a person
507 whose occupation or practice is confined solely to hair wrapping
508 as defined in s. 477.013(10).
509 (9) A license or registration is not required for a person
510 whose occupation or practice is confined solely to body wrapping
511 as defined in s. 477.013(12).
512 Section 25. Paragraph (b) of subsection (7) of section
513 477.019, Florida Statutes, is amended to read:
514 477.019 Cosmetologists; qualifications; licensure;
515 supervised practice; license renewal; endorsement; continuing
516 education.—
517 (7)
518 (b) Any person whose occupation or practice is confined
519 solely to hair braiding, hair wrapping, or body wrapping is
520 exempt from the continuing education requirements of this
521 subsection.
522 Section 26. Paragraph (f) of subsection (1) of section
523 477.026, Florida Statutes, is amended to read:
524 477.026 Fees; disposition.—
525 (1) The board shall set fees according to the following
526 schedule:
527 (f) For hair braiders, hair wrappers, and body wrappers,
528 fees for registration shall not exceed $25.
529 Section 27. Paragraph (f) of subsection (1) of section
530 477.0265, Florida Statutes, is amended to read:
531 477.0265 Prohibited acts.—
532 (1) It is unlawful for any person to:
533 (f) Advertise or imply that skin care services or body
534 wrapping, as performed under this chapter, have any relationship
535 to the practice of massage therapy as defined in s. 480.033(3),
536 except those practices or activities defined in s. 477.013.
537 Section 28. Paragraph (a) of subsection (1) of section
538 477.029, Florida Statutes, is amended to read:
539 477.029 Penalty.—
540 (1) It is unlawful for any person to:
541 (a) Hold himself or herself out as a cosmetologist,
542 specialist, or hair wrapper, hair braider, or body wrapper
543 unless duly licensed or registered, or otherwise authorized, as
544 provided in this chapter.
545 Section 29. Subsection (5) of section 481.203, Florida
546 Statutes, is amended to read:
547 481.203 Definitions.—As used in this part:
548 (5) “Business organization” means a partnership, a limited
549 liability company, a corporation, or an individual operating
550 under a fictitious name “Certificate of authorization” means a
551 certificate issued by the department to a corporation or
552 partnership to practice architecture or interior design.
553 Section 30. Section 481.219, Florida Statutes, is amended
554 to read:
555 481.219 Business organization; qualifying agents
556 Certification of partnerships, limited liability companies, and
557 corporations.—
558 (1) A licensee may The practice of or the offer to practice
559 architecture or interior design by licensees through a business
560 organization that offers corporation, limited liability company,
561 or partnership offering architectural or interior design
562 services to the public, or through by a business organization
563 that offers corporation, limited liability company, or
564 partnership offering architectural or interior design services
565 to the public through such licensees under this part as agents,
566 employees, officers, or partners, is permitted, subject to the
567 provisions of this section.
568 (2) If a licensee or an applicant proposes to engage in the
569 practice of architecture or interior design as a business
570 organization, the licensee or applicant must apply to qualify
571 the business organization For the purposes of this section, a
572 certificate of authorization shall be required for a
573 corporation, limited liability company, partnership, or person
574 practicing under a fictitious name, offering architectural
575 services to the public jointly or separately. However, when an
576 individual is practicing architecture in her or his own name,
577 she or he shall not be required to be certified under this
578 section. Certification under this subsection to offer
579 architectural services shall include all the rights and
580 privileges of certification under subsection (3) to offer
581 interior design services.
582 (a) An application to qualify a business organization must:
583 1. If the business is a partnership, state the names of the
584 partnership and its partners.
585 2. If the business is a corporation, state the names of the
586 corporation and its officers and directors and the name of each
587 of its stockholders who is also an officer or a director.
588 3. If the business is operating under a fictitious name,
589 state the fictitious name under which it is doing business.
590 4. If the business is not a partnership, a corporation, or
591 operating under a fictitious name, state the name of such other
592 legal entity and its members.
593 (b) The board may deny an application to qualify a business
594 organization if the applicant or any person required to be named
595 pursuant to paragraph (a) has been involved in past disciplinary
596 actions or on any grounds for which an individual registration
597 or certification may be denied.
598 (3)(a) A business organization may not engage in the
599 practice of architecture unless its qualifying agent is a
600 registered architect under this part. A business organization
601 may not engage in the practice of interior design unless its
602 qualifying agent is a registered architect or a registered
603 interior designer under this part. A qualifying agent who
604 terminates her or his affiliation with a business organization
605 shall immediately notify the department of such termination. If
606 the qualifying agent who terminates her or his affiliation is
607 the only qualifying agent for a business organization, the
608 business organization must be qualified by another qualifying
609 agent within 60 days after the termination. Except as provided
610 in paragraph (b), such a business organization may not engage in
611 the practice of architecture or interior design until it is
612 qualified by a qualifying agent.
613 (b) The executive director or chair of the board may grant
614 a temporary, nonrenewable certificate or registration to a
615 licensee in supervising control, the president, a managing
616 member, a partner, or, in the case of a limited partnership, the
617 general partner for the purpose of allowing the business
618 organization to begin or continue work required under an
619 incomplete contract. Such person shall assume all of the
620 responsibilities of a qualifying agent. For purposes of this
621 paragraph, the term “incomplete contract” means a contract that
622 has been awarded to, or entered into by, the business
623 organization before the termination of affiliation of the
624 qualifying agent with the business organization or a contract on
625 which the business organization was the low bidder and that is
626 subsequently awarded to the business organization, regardless of
627 whether any actual work has commenced under the contract before
628 termination of affiliation by the qualifying agent with the
629 business organization.
630 (c) A qualifying agent shall notify the department in
631 writing before engaging in the practice of architecture or
632 interior design in her or his own name or in affiliation with a
633 different business organization, and she or he or such business
634 organization shall supply the same information to the department
635 as required of applicants under this part For the purposes of
636 this section, a certificate of authorization shall be required
637 for a corporation, limited liability company, partnership, or
638 person operating under a fictitious name, offering interior
639 design services to the public jointly or separately. However,
640 when an individual is practicing interior design in her or his
641 own name, she or he shall not be required to be certified under
642 this section.
643 (4) All final construction documents and instruments of
644 service which include drawings, specifications, plans, reports,
645 or other papers or documents that involve involving the practice
646 of architecture which are prepared or approved for the use of
647 the business organization corporation, limited liability
648 company, or partnership and filed for public record within the
649 state must shall bear the signature and seal of the licensee who
650 prepared or approved them and the date on which they were
651 sealed.
652 (5) All drawings, specifications, plans, reports, or other
653 papers or documents prepared or approved for the use of the
654 business organization corporation, limited liability company, or
655 partnership by an interior designer in her or his professional
656 capacity and filed for public record within the state must shall
657 bear the signature and seal of the licensee who prepared or
658 approved them and the date on which they were sealed.
659 (6) The department shall issue a certificate of
660 authorization to any applicant who the board certifies as
661 qualified for a certificate of authorization and who has paid
662 the fee set in s. 481.207.
663 (6)(7) The board shall allow certify an applicant to
664 qualify one or more business organizations as qualified for a
665 certificate of authorization to offer architectural or interior
666 design services, or to use a fictitious name to offer such
667 services, if one of the following criteria is met provided that:
668 (a) One or more of the principal officers of the
669 corporation or limited liability company, or one or more
670 partners of the partnership, and all personnel of the
671 corporation, limited liability company, or partnership who act
672 in its behalf in this state as architects, are registered as
673 provided by this part.; or
674 (b) One or more of the principal officers of the
675 corporation or one or more partners of the partnership, and all
676 personnel of the corporation, limited liability company, or
677 partnership who act in its behalf in this state as interior
678 designers, are registered as provided by this part.
679 (8) The department shall adopt rules establishing a
680 procedure for the biennial renewal of certificates of
681 authorization.
682 (9) The department shall renew a certificate of
683 authorization upon receipt of the renewal application and
684 biennial renewal fee.
685 (7)(10) Each qualifying agent approved to qualify a
686 business organization partnership, limited liability company,
687 and corporation certified under this section shall notify the
688 department within 30 days of any change in the information
689 contained in the application upon which the qualification
690 certification is based. Any registered architect or interior
691 designer who qualifies the business organization shall ensure
692 corporation, limited liability company, or partnership as
693 provided in subsection (7) shall be responsible for ensuring
694 responsible supervising control of projects of the business
695 organization entity and upon termination of her or his
696 employment with a business organization qualified partnership,
697 limited liability company, or corporation certified under this
698 section shall notify the department of the termination within 30
699 days.
700 (8)(11) A business organization is not No corporation,
701 limited liability company, or partnership shall be relieved of
702 responsibility for the conduct or acts of its agents, employees,
703 or officers by reason of its compliance with this section.
704 However, except as provided in s. 558.0035, the architect who
705 signs and seals the construction documents and instruments of
706 service is shall be liable for the professional services
707 performed, and the interior designer who signs and seals the
708 interior design drawings, plans, or specifications is shall be
709 liable for the professional services performed.
710 (12) Disciplinary action against a corporation, limited
711 liability company, or partnership shall be administered in the
712 same manner and on the same grounds as disciplinary action
713 against a registered architect or interior designer,
714 respectively.
715 (9)(13) Nothing in This section may not shall be construed
716 to mean that a certificate of registration to practice
717 architecture or interior design must shall be held by a business
718 organization corporation, limited liability company, or
719 partnership. Nothing in This section does not prohibit prohibits
720 corporations, limited liability companies, and partnerships from
721 joining together to offer architectural, engineering, interior
722 design, surveying and mapping, and landscape architectural
723 services, or any combination of such services, to the public if,
724 provided that each corporation, limited liability company, or
725 partnership otherwise meets the requirements of law.
726 (10)(14) A business organization that is qualified by a
727 registered architect may Corporations, limited liability
728 companies, or partnerships holding a valid certificate of
729 authorization to practice architecture shall be permitted to use
730 in their title the term “interior designer” or “registered
731 interior designer” in its title. designer.”
732 Section 31. Subsection (10) of section 481.221, Florida
733 Statutes, is amended to read:
734 481.221 Seals; display of certificate number.—
735 (10) Each registered architect or interior designer or
736 qualifying agent of a business organization must, and each
737 corporation, limited liability company, or partnership holding a
738 certificate of authorization, shall include her or his license
739 its certificate number in any newspaper, telephone directory, or
740 other advertising medium used by the registered architect or,
741 interior designer, or business organization corporation, limited
742 liability company, or partnership. A business organization
743 corporation, limited liability company, or partnership is not
744 required to display the certificate number of individual
745 registered architects or interior designers employed by or
746 working within the business organization corporation, limited
747 liability company, or partnership.
748 Section 32. Paragraphs (a) and (c) of subsection (5) of
749 section 481.229, Florida Statutes, are amended to read:
750 481.229 Exceptions; exemptions from licensure.—
751 (5)(a) Nothing contained in This part does not prohibit
752 shall prevent a registered architect or a qualified business
753 organization partnership, limited liability company, or
754 corporation holding a valid certificate of authorization to
755 provide architectural services from performing any interior
756 design service or from using the title “interior designer” or
757 “registered interior designer.”
758 (c) Notwithstanding any other provision of this part, a
759 registered architect or qualified business organization
760 certified any corporation, partnership, or person operating
761 under a fictitious name which holds a certificate of
762 authorization to provide architectural services must shall be
763 qualified, without fee, for a certificate of authorization to
764 provide interior design services upon submission of a completed
765 application for qualification therefor. For corporations,
766 partnerships, and persons operating under a fictitious name
767 which hold a certificate of authorization to provide interior
768 design services, satisfaction of the requirements for renewal of
769 the certificate of authorization to provide architectural
770 services under s. 481.219 shall be deemed to satisfy the
771 requirements for renewal of the certificate of authorization to
772 provide interior design services under that section.
773 Section 33. Section 481.303, Florida Statutes, is reordered
774 and amended to read:
775 481.303 Definitions.—As used in this chapter, the term:
776 (1) “Board” means the Board of Landscape Architecture.
777 (3)(2) “Department” means the Department of Business and
778 Professional Regulation.
779 (6)(3) “Registered landscape architect” means a person who
780 holds a license to practice landscape architecture in this state
781 under the authority of this act.
782 (2)(4) “Certificate of registration” means a license issued
783 by the department to a natural person to engage in the practice
784 of landscape architecture.
785 (5) “Certificate of authorization” means a license issued
786 by the department to a corporation or partnership to engage in
787 the practice of landscape architecture.
788 (4)(6) “Landscape architecture” means professional
789 services, including, but not limited to, the following:
790 (a) Consultation, investigation, research, planning,
791 design, preparation of drawings, specifications, contract
792 documents and reports, responsible construction supervision, or
793 landscape management in connection with the planning and
794 development of land and incidental water areas, including the
795 use of Florida-friendly landscaping as defined in s. 373.185,
796 where, and to the extent that, the dominant purpose of such
797 services or creative works is the preservation, conservation,
798 enhancement, or determination of proper land uses, natural land
799 features, ground cover and plantings, or naturalistic and
800 aesthetic values;
801 (b) The determination of settings, grounds, and approaches
802 for and the siting of buildings and structures, outdoor areas,
803 or other improvements;
804 (c) The setting of grades, shaping and contouring of land
805 and water forms, determination of drainage, and provision for
806 storm drainage and irrigation systems where such systems are
807 necessary to the purposes outlined herein; and
808 (d) The design of such tangible objects and features as are
809 necessary to the purpose outlined herein.
810 (5)(7) “Landscape design” means consultation for and
811 preparation of planting plans drawn for compensation, including
812 specifications and installation details for plant materials,
813 soil amendments, mulches, edging, gravel, and other similar
814 materials. Such plans may include only recommendations for the
815 conceptual placement of tangible objects for landscape design
816 projects. Construction documents, details, and specifications
817 for tangible objects and irrigation systems shall be designed or
818 approved by licensed professionals as required by law.
819 Section 34. Subsection (5) of section 481.321, Florida
820 Statutes, is amended to read:
821 481.321 Seals; display of certificate number.—
822 (5) Each registered landscape architect must and each
823 corporation or partnership holding a certificate of
824 authorization shall include her or his its certificate number in
825 any newspaper, telephone directory, or other advertising medium
826 used by the registered landscape architect, corporation, or
827 partnership. A corporation or partnership must is not required
828 to display the certificate number numbers of at least one
829 officer, director, owner, or partner who is a individual
830 registered landscape architect architects employed by or
831 practicing with the corporation or partnership.
832 Section 35. Subsection (4) of section 481.311, Florida
833 Statutes, is amended to read:
834 481.311 Licensure.—
835 (4) The board shall certify as qualified for a certificate
836 of authorization any applicant corporation or partnership who
837 satisfies the requirements of s. 481.319.
838 Section 36. Subsection (2) of section 481.317, Florida
839 Statutes, is amended to read:
840 481.317 Temporary certificates.—
841 (2) Upon approval by the board and payment of the fee set
842 in s. 481.307, the department shall grant a temporary
843 certificate of authorization for work on one specified project
844 in this state for a period not to exceed 1 year to an out-of
845 state corporation, partnership, or firm, provided one of the
846 principal officers of the corporation, one of the partners of
847 the partnership, or one of the principals in the fictitiously
848 named firm has obtained a temporary certificate of registration
849 in accordance with subsection (1).
850 Section 37. Section 481.319, Florida Statutes, is amended
851 to read:
852 481.319 Corporate and partnership practice of landscape
853 architecture; certificate of authorization.—
854 (1) The practice of or offer to practice landscape
855 architecture by registered landscape architects registered under
856 this part through a corporation or partnership offering
857 landscape architectural services to the public, or through a
858 corporation or partnership offering landscape architectural
859 services to the public through individual registered landscape
860 architects as agents, employees, officers, or partners, is
861 permitted, subject to the provisions of this section, if:
862 (a) One or more of the principal officers of the
863 corporation, or partners of the partnership, and all personnel
864 of the corporation or partnership who act in its behalf as
865 landscape architects in this state are registered landscape
866 architects; and
867 (b) One or more of the officers, one or more of the
868 directors, one or more of the owners of the corporation, or one
869 or more of the partners of the partnership is a registered
870 landscape architect; and
871 (c) The corporation or partnership has been issued a
872 certificate of authorization by the board as provided herein.
873 (2) All documents involving the practice of landscape
874 architecture which are prepared for the use of the corporation
875 or partnership shall bear the signature and seal of a registered
876 landscape architect.
877 (3) A landscape architect applying to practice in the name
878 of a An applicant corporation must shall file with the
879 department the names and addresses of all officers and board
880 members of the corporation, including the principal officer or
881 officers, duly registered to practice landscape architecture in
882 this state and, also, of all individuals duly registered to
883 practice landscape architecture in this state who shall be in
884 responsible charge of the practice of landscape architecture by
885 the corporation in this state. A landscape architect applying to
886 practice in the name of a An applicant partnership must shall
887 file with the department the names and addresses of all partners
888 of the partnership, including the partner or partners duly
889 registered to practice landscape architecture in this state and,
890 also, of an individual or individuals duly registered to
891 practice landscape architecture in this state who shall be in
892 responsible charge of the practice of landscape architecture by
893 said partnership in this state.
894 (4) Each landscape architect qualifying a partnership or
895 and corporation licensed under this part must shall notify the
896 department within 1 month of any change in the information
897 contained in the application upon which the license is based.
898 Any landscape architect who terminates her or his or her
899 employment with a partnership or corporation licensed under this
900 part shall notify the department of the termination within 1
901 month.
902 (5) Disciplinary action against a corporation or
903 partnership shall be administered in the same manner and on the
904 same grounds as disciplinary action against a registered
905 landscape architect.
906 (6) Except as provided in s. 558.0035, the fact that a
907 registered landscape architect practices landscape architecture
908 through a corporation or partnership as provided in this section
909 does not relieve the landscape architect from personal liability
910 for her or his or her professional acts.
911 Section 38. Subsection (5) of section 481.329, Florida
912 Statutes, is amended to read:
913 481.329 Exceptions; exemptions from licensure.—
914 (5) This part does not prohibit any person from engaging in
915 the practice of landscape design, as defined in s. 481.303(5) s.
916 481.303(7), or from submitting for approval to a governmental
917 agency planting plans that are independent of, or a component
918 of, construction documents that are prepared by a Florida
919 registered professional. Persons providing landscape design
920 services shall not use the title, term, or designation
921 “landscape architect,” “landscape architectural,” “landscape
922 architecture,” “L.A.,” “landscape engineering,” or any
923 description tending to convey the impression that she or he is a
924 landscape architect unless she or he is registered as provided
925 in this part.
926 Section 39. Subsection (14) of section 489.503, Florida
927 Statutes, is amended, and subsection (24) is added to that
928 section, to read:
929 489.503 Exemptions.—This part does not apply to:
930 (14) The sale of, installation of, repair of, alteration
931 of, addition to, or design of electrical wiring, fixtures,
932 appliances, thermostats, apparatus, raceways, computers,
933 customer premises equipment, customer premises wiring, and
934 conduit, or any part thereof, by an employee, contractor,
935 subcontractor, or affiliate of a company operating under a
936 certificate issued under chapter 364 or chapter 610, or under a
937 local franchise or right-of-way agreement, if those items are
938 for the purpose of transmitting data, voice, video, or other
939 communications, or commands as part of a cable television,
940 community antenna television, radio distribution,
941 communications, or telecommunications system. An employee,
942 subcontractor, contractor, or affiliate of a company that
943 operates under a certificate issued under chapter 364 or chapter
944 610, or under a local franchise or right-of-way agreement, is
945 not subject to any local ordinance that requires a permit for
946 work related to low-voltage electrical work, including related
947 technical codes, regulations, and licensure. The scope of this
948 exemption is limited to electrical circuits and equipment
949 governed by the applicable provisions of Articles 725 (Classes 2
950 and 3 circuits only), 770, 800, 810, and 820 of the National
951 Electrical Code, current edition, or 47 C.F.R. part 68, and
952 employees, contractors, and subcontractors of companies, and
953 affiliates thereof, operating under a certificate issued under
954 chapter 364 or chapter 610 or under a local franchise or right
955 of-way agreement. This subsection does not relieve any person
956 from licensure as an alarm system contractor.
957 (24) A person who installs low-voltage landscape lighting
958 that contains a factory-installed electrical cord with a plug
959 and does not require installation, wiring, or a modification to
960 the electrical wiring in a structure.
961 Section 40. Present paragraphs (a) through (e) of
962 subsection (2) of section 489.518, Florida Statutes, are
963 redesignated as paragraphs (b) through (f), respectively, and a
964 new paragraph (a) is added to that subsection, to read:
965 489.518 Alarm system agents.—
966 (2)(a) A person who performs only sales or installations of
967 wireless alarm systems, other than fire alarm systems, in a
968 single-family residence is not required to complete the initial
969 training required for burglar alarm system agents.
970 Section 41. This act shall take effect July 1, 2016.
