Bill Text: FL S1330 | 2010 | Regular Session | Comm Sub

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

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Bill Title: Department of Business and Professional Regulation [CPSC]

Spectrum: Partisan Bill (Republican 2-0)

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

Download: Florida-2010-S1330-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1330 
 
By the Committee on Regulated Industries; and Senators Fasano 
and Altman 
580-03085-10                                          20101330c1 
1                        A bill to be entitled 
2         An act relating to the Department of Business and 
3         Professional Regulation; amending s. 20.165, F.S.; 
4         providing for certain professions or programs to be 
5         established within the department; amending s. 
6         455.275, F.S.; specifying methods that the department 
7         must use to serve an administrative complaint on a 
8         licensee; amending s. 455.017, F.S.; clarifying that 
9         ch. 455, F.S., applies to the Division of Professions; 
10         amending s. 455.02, F.S.; providing for the issuance 
11         of temporary licenses to the spouses of members of the 
12         Armed Forces under specified conditions; amending s. 
13         455.213, F.S.; requiring a licensee of the department 
14         to surrender his or her license to the department if 
15         the license was issued in error or is revoked; 
16         amending s. 455.217, F.S.; designating the Division of 
17         Professions as the division responsible for 
18         examinations relating to regulated professions; 
19         limiting an applicant who has failed an examination to 
20         reviewing the last examination taken by the applicant; 
21         amending s. 455.2175, F.S.; prohibiting an examinee 
22         whose materials have been confiscated from taking 
23         another examination during the pendency of any 
24         criminal investigation or prosecution relating to the 
25         matter; repealing s. 455.2226, F.S., relating to a 
26         requirement for persons licensed under ch. 497, F.S., 
27         to complete a continuing education course on the human 
28         immunodeficiency virus and acquired immune deficiency 
29         syndrome; amending s. 455.227, F.S.; authorizing the 
30         department to take disciplinary action against a 
31         licensee who pleads guilty to a crime relating to the 
32         licensee’s profession; amending s. 455.228, F.S.; 
33         redesignating a cease and desist order as a cease and 
34         desist notice; amending s. 468.8311, F.S.; redefining 
35         the term “home inspection services” to mandate the 
36         inspection of certain items; amending s. 468.8312, 
37         F.S.; eliminating the fee charged for a certificate of 
38         authorization to conduct home inspections; amending s. 
39         468.8313, F.S.; requiring a person desiring to be 
40         licensed as a home inspector to complete an 
41         examination before applying for a license; requiring 
42         an applicant for an initial license to submit 
43         electronic fingerprints to the department for a 
44         background check and pay the costs of the background 
45         check; amending s. 468.8318, F.S.; deleting 
46         requirements for a certificate of authorization for a 
47         corporation or partnership to offer home inspection 
48         services; delaying the effective date of provisions of 
49         s. 468.8319, F.S., which require a license to conduct 
50         home inspections; amending s. 468.8319, F.S.; revising 
51         prohibited acts by a person acting as a home 
52         inspector; amending s. 468.832, F.S.; authorizing the 
53         department to take disciplinary action against a 
54         person for failing to meet a standard of practice 
55         adopted by rule of the department; amending s. 
56         468.8324, F.S.; revising the requirements for persons 
57         seeking licensure as a home inspector under a 
58         grandfather clause; creating s. 468.8325, F.S.; 
59         requiring the department to adopt rules to administer 
60         part XV of ch. 468, F.S.; amending s. 468.8412, F.S.; 
61         deleting the fee for the renewal of a certificate of 
62         authorization to conduct mold assessment or mold 
63         remediation services; amending s. 468.8413, F.S.; 
64         requiring a person desiring to be licensed as a mold 
65         assessor or mold remediator to complete an examination 
66         before applying for a license; revising the minimum 
67         amount of education required to qualify as a mold 
68         assessor or mold remediator; amending s. 468.8414, 
69         F.S.; requiring a person seeking licensure by 
70         endorsement as a mold assessor or mold remediator to 
71         possess liability insurance; amending s. 468.8418, 
72         F.S.; deleting requirements for a certificate of 
73         authorization for a corporation or partnership to 
74         offer mold assessment or mold remediation services; 
75         amending s. 468.8419, F.S.; prohibiting a person from 
76         engaging in certain acts relating to mold assessment; 
77         delaying the effective date of provisions of s. 
78         468.8419, F.S., which require a license to conduct 
79         mold assessment or mold remediation services; amending 
80         s. 468.842, F.S.; authorizing the department to take 
81         disciplinary action against a person for failing to 
82         meet a standard of practice adopted by rule of the 
83         department; amending s. 468.8421, F.S.; specifying 
84         coverage requirements for insurance that must be 
85         possessed by a mold assessor; amending s. 468.8423, 
86         F.S.; revising the requirements for persons seeking 
87         licensure as a mold assessor or mold remediator under 
88         a grandfather clause; creating 468.8424, F.S.; 
89         requiring the department to adopt rules to administer 
90         part XVI of ch. 468, F.S.; amending s. 474.203, F.S.; 
91         expanding an exemption from licensure as a 
92         veterinarian to include certain interns or residents 
93         who are graduates of a school or college recognized by 
94         a specified veterinary association; amending s. 
95         475.175, F.S.; requiring a person seeking to take an 
96         examination for licensure as a real estate broker or 
97         sales associate to submit fingerprints in a digital 
98         format to the department; amending s. 475.613, F.S.; 
99         deleting a provision excluding persons connected with 
100         real estate brokerage or mortgage lending as 
101         representatives of the general public on the Florida 
102         Real Estate Appraisal Board; amending s. 477.019, 
103         F.S.; deleting a provision that allows a person to 
104         apply for the cosmetology licensure examination while 
105         in training; amending s. 509.211, F.S.; deleting a 
106         requirement that certain rooms containing a boiler in 
107         a public lodging establishment be equipped with a 
108         carbon monoxide sensor; creating s. 548.076, F.S.; 
109         authorizing the department to issue a cease and desist 
110         notice for certain conduct to persons who are not 
111         licensed by the Florida Boxing Commission; amending s. 
112         554.108, F.S.; requiring certain rooms in a public 
113         lodging establishment which contain a boiler to be 
114         equipped with a carbon monoxide sensor; requiring 
115         inspections of such boilers to include a determination 
116         of compliance with the requirement for the carbon 
117         monoxide sensor; amending s. 561.17, F.S.; deleting a 
118         requirement to submit an application in duplicate to 
119         the Division of Alcoholic Beverages and Tobacco before 
120         engaging in the business of manufacturing, bottling, 
121         distributing, selling, or dealing in alcoholic 
122         beverages; reenacting ss. 468.436(2)(a), 
123         468.832(1)(a), 468.842(1)(a), 471.033(1)(a), 
124         473.323(1)(a), 475.25(1)(a), 475.624(1), 
125         476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and 
126         481.325(1)(a), F.S., relating to disciplinary 
127         proceedings for community association managers, home 
128         inspectors, mold assessors, mold remediators, 
129         engineers, certified public accountants, real estate 
130         brokers and sales associates, real estate appraisers, 
131         barbers, cosmetologists, architects, and landscape 
132         architects, respectively, to incorporate the amendment 
133         made to s. 455.227, F.S., in references thereto; 
134         reenacting s. 468.8314(2), F.S., relating to the 
135         licensure of home inspectors, to incorporate the 
136         amendment made to s. 468.832, F.S., in a reference 
137         thereto; providing an effective date. 
138 
139  Be It Enacted by the Legislature of the State of Florida: 
140 
141         Section 1. Subsection (4) of section 20.165, Florida 
142  Statutes, is amended to read: 
143         20.165 Department of Business and Professional Regulation. 
144  There is created a Department of Business and Professional 
145  Regulation. 
146         (4)(a) The following boards or professions are established 
147  within the Division of Professions: 
148         1. Board of Architecture and Interior Design, created under 
149  part I of chapter 481. 
150         2. Florida Board of Auctioneers, created under part VI of 
151  chapter 468. 
152         3. Barbers’ Board, created under chapter 476. 
153         4. Florida Building Code Administrators and Inspectors 
154  Board, created under part XII of chapter 468. 
155         5. Construction Industry Licensing Board, created under 
156  part I of chapter 489. 
157         6. Board of Cosmetology, created under chapter 477. 
158         7. Electrical Contractors’ Licensing Board, created under 
159  part II of chapter 489. 
160         8. Board of Employee Leasing Companies, created under part 
161  XI of chapter 468. 
162         9. Board of Landscape Architecture, created under part II 
163  of chapter 481. 
164         10. Board of Pilot Commissioners, created under chapter 
165  310. 
166         11. Board of Professional Engineers, created under chapter 
167  471. 
168         12. Board of Professional Geologists, created under chapter 
169  492. 
170         13. Board of Veterinary Medicine, created under chapter 
171  474. 
172         14. Home inspector licensing program, created under part XV 
173  of chapter 468. 
174         15 Mold-related services licensing program, created under 
175  part XVI of chapter 468. 
176         (b) The following board and commission are established 
177  within the Division of Real Estate: 
178         1. Florida Real Estate Appraisal Board, created under part 
179  II of chapter 475. 
180         2. Florida Real Estate Commission, created under part I of 
181  chapter 475. 
182         (c) The following board is established within the Division 
183  of Certified Public Accounting: 
184         1. Board of Accountancy, created under chapter 473. 
185         Section 2. Section 455.275, Florida Statutes, is amended to 
186  read: 
187         455.275 Address of record.— 
188         (1) Each licensee of the department is solely responsible 
189  for notifying the department in writing of the licensee’s 
190  current mailing address and place of practice, as defined by 
191  rule of the board or the department when there is no board. A 
192  licensee’s failure to notify the department of a change of 
193  address constitutes a violation of this section, and the 
194  licensee may be disciplined by the board or the department when 
195  there is no board. 
196         (2) Notwithstanding any other provision of law, service by 
197  regular mail to a licensee’s last known address of record with 
198  the department constitutes adequate and sufficient notice to the 
199  licensee for any official communication to the licensee by the 
200  board or the department except when other service is required 
201  pursuant to s. 455.225. 
202         (3)(a) Notwithstanding any other provision of law, if an 
203  administrative complaint is served on a licensee of the agency, 
204  the department shall provide service by regular mail to the 
205  licensee’s last known address of record, by certified mail to 
206  the last known address of record, and, if possible, by 
207  electronic mail. 
208         (b) If service as provided in paragraph (a) does not 
209  provide the department with proof of service, the department 
210  shall call the last telephone number of record and cause a 
211  short, plain notice to the licensee to be published once each 
212  week for 4 consecutive weeks in a newspaper published in the 
213  county of the licensee’s last known address of record. If a 
214  newspaper is not published in that county, the administrative 
215  complaint may be published in a newspaper of general circulation 
216  in that county. If the address is in some state other than this 
217  state or in a foreign territory or country, the administrative 
218  complaint may be published in Leon County pursuant to s. 
219  120.60(5). 
220         Section 3. Section 455.017, Florida Statutes, is amended to 
221  read: 
222         455.017� Applicability of this chapter.—The provisions of 
223  this chapter apply only to the regulation by the Division 
224  department of Professions. 
225         Section 4. Section 455.02, Florida Statutes, is amended to 
226  read: 
227         455.02 Licensure of members of Armed Forces in good 
228  standing with administrative boards and their spouses.— 
229         (1) Any member of the Armed Forces of the United States now 
230  or hereafter on active duty who, at the time of becoming such a 
231  member, was in good standing with any administrative board of 
232  the state and was entitled to practice or engage in his or her 
233  profession or vocation in the state shall be kept in good 
234  standing by such administrative board, without registering, 
235  paying dues or fees, or performing any other act on his or her 
236  part to be performed, as long as he or she is a member of the 
237  Armed Forces of the United States on active duty and for a 
238  period of 6 months after discharge from active duty as a member 
239  of the Armed Forces of the United States, provided he or she is 
240  not engaged in his or her licensed profession or vocation in the 
241  private sector for profit. 
242         (2) The boards listed in s. 20.165 shall adopt promulgate 
243  rules exempting the spouses of members of the Armed Forces of 
244  the United States from licensure renewal provisions, but only in 
245  cases of absence from the state because of their spouses’ duties 
246  with the Armed Forces. 
247         (3)(a) The department may issue a temporary professional 
248  license to the spouse of an active duty member of the Armed 
249  Forces of the United States if the spouse submits an application 
250  to the department providing: 
251         1. Proof that the servicemember has been assigned to a duty 
252  station in Florida pursuant official active duty military 
253  orders; 
254         2. Proof of marriage to the servicemember; 
255         3. Proof that the spouse holds a similar license in another 
256  state or country and that the license is in good standing; and 
257         4. A completed set of fingerprints in the form and manner 
258  required by the department. 
259         (b) The department shall submit the applicant’s 
260  fingerprints to the Department of Law Enforcement for state 
261  processing, and the Department of Law Enforcement shall forward 
262  them to the Federal Bureau of Investigation for a level 2 
263  background check pursuant to s. 435.04. The department shall and 
264  the board may review the background results to determine if the 
265  spouse of an active duty member of the Armed Forces of the 
266  United States meets licensure requirements. The cost for the 
267  fingerprint processing shall be borne by the applicant. These 
268  fees shall be collected by the authorized agencies or vendors. 
269  The authorized agencies or vendors shall pay the processing 
270  costs to the Department of Law Enforcement. 
271         (c) A temporary license expires 6 months after the date 
272  issued and is not renewable. 
273         (d) The department may charge a fee sufficient to cover the 
274  cost of issuing the temporary license. 
275         Section 5. Subsection (2) of section 455.213, Florida 
276  Statutes, is amended to read: 
277         455.213 General licensing provisions.— 
278         (2) Before the issuance of a any license, the department 
279  may charge an initial license fee as determined by rule of the 
280  applicable board or, if no such board exists, by rule of the 
281  department. Upon receipt of the appropriate license fee, except 
282  as provided in subsection (3), the department shall issue a 
283  license to any person certified by the appropriate board, or its 
284  designee, or the department when there is no board, as having 
285  met the applicable requirements imposed by law or rule. However, 
286  an applicant who is not otherwise qualified for licensure is not 
287  entitled to licensure solely based on a passing score on a 
288  required examination. A licensee shall surrender his or her 
289  license to the department if the applicable board, or the 
290  department when there is no board, revokes the license or 
291  determines that the license was issued in error. 
292         Section 6. Subsections (1) and (3) of section 455.217, 
293  Florida Statutes, are amended to read: 
294         455.217 Examinations.—This section shall be read in 
295  conjunction with the appropriate practice act associated with 
296  each regulated profession under this chapter. 
297         (1) The Division of Professions Service Operations of the 
298  Department of Business and Professional Regulation shall 
299  provide, contract, or approve services for the development, 
300  preparation, administration, scoring, score reporting, and 
301  evaluation of all examinations. The division shall seek the 
302  advice of the appropriate board in providing such services. 
303         (a) The department, acting in conjunction with the Division 
304  of Service Operations, the Division of Professions, and the 
305  Division of Real Estate, as appropriate, shall ensure that 
306  examinations adequately and reliably measure an applicant’s 
307  ability to practice the profession regulated by the department. 
308  After an examination developed or approved by the department has 
309  been administered, the board or department may reject any 
310  question that which does not reliably measure the general areas 
311  of competency specified in the rules of the board or department, 
312  when there is no board. The department shall use qualified 
313  outside testing vendors for the development, preparation, and 
314  evaluation of examinations if, when such services are 
315  economically and viably available and approved by the 
316  department. 
317         (b) For each examination developed by the department or 
318  contracted vendor, to the extent not otherwise specified by 
319  statute, the board or the department when there is no board, 
320  shall by rule specify the general areas of competency to be 
321  covered by the examination, the relative weight to be assigned 
322  in grading each area tested, the score necessary to achieve a 
323  passing grade, and the fees, if where applicable, to cover the 
324  actual cost for any purchase, development, and administration of 
325  the required examination. However, statutory fee caps in each 
326  practice act shall apply. This subsection does not apply to 
327  national examinations approved and administered pursuant to 
328  paragraph (d). 
329         (c) If a practical examination is deemed to be necessary, 
330  rules shall specify the criteria by which examiners are to be 
331  selected, the grading criteria to be used by the examiner, the 
332  relative weight to be assigned in grading each criterion, and 
333  the score necessary to achieve a passing grade. If When a 
334  mandatory standardization exercise for a practical examination 
335  is required by law, the board may conduct such exercise. 
336  Therefore, board members may serve as examiners at a practical 
337  examination with the consent of the board. 
338         (d) A board, or the department when there is no board, may 
339  approve by rule the use of any national examination which the 
340  department has certified as meeting requirements of national 
341  examinations and generally accepted testing standards pursuant 
342  to department rules. Providers of examinations, which may be 
343  either profit or nonprofit entities, seeking certification by 
344  the department shall pay the actual costs incurred by the 
345  department in making a determination regarding the 
346  certification. The department shall use any national examination 
347  which is available, certified by the department, and approved by 
348  the board. The name and number of a candidate may be provided to 
349  a national contractor for the limited purpose of preparing the 
350  grade tape and information to be returned to the board or 
351  department or, to the extent otherwise specified by rule, the 
352  candidate may apply directly to the vendor of the national 
353  examination. The department may delegate to the board the duty 
354  to provide and administer the examination. Any national 
355  examination approved by a board, or the department when there is 
356  no board, prior to October 1, 1997, is deemed certified under 
357  this paragraph. Any licensing or certification examination that 
358  is not developed or administered by the department in-house or 
359  provided as a national examination shall be competitively bid. 
360         (e) The department shall adopt rules regarding the security 
361  and monitoring of examinations. In order to maintain the 
362  security of examinations, the department may employ the 
363  procedures set forth in s. 455.228 to seek fines and injunctive 
364  relief against an examinee who violates the provisions of s. 
365  455.2175 or the rules adopted pursuant to this paragraph. The 
366  department, or any agent thereof, may, for the purposes of 
367  investigation, confiscate any written, photographic, or 
368  recording material or device in the possession of the examinee 
369  at the examination site which the department deems necessary to 
370  enforce such provisions or rules. 
371         (f) If the professional board with jurisdiction over an 
372  examination concurs, the department may, for a fee, share with 
373  any other state’s licensing authority an examination developed 
374  by or for the department unless prohibited by a contract entered 
375  into by the department for development or purchase of the 
376  examination. The department, with the concurrence of the 
377  appropriate board, shall establish guidelines that ensure 
378  security of a shared exam and shall require that any other 
379  state’s licensing authority comply with those guidelines. Those 
380  guidelines shall be approved by the appropriate professional 
381  board. All fees paid by the user shall be applied to the 
382  department’s examination and development program for professions 
383  regulated by this chapter. All fees paid by the user for 
384  professions not regulated by this chapter shall be applied to 
385  offset the fees for the development and administration of that 
386  profession’s examination. If both a written and a practical 
387  examination are given, an applicant shall be required to retake 
388  only the portion of the examination for which he or she failed 
389  to achieve a passing grade, if he or she successfully passes 
390  that portion within a reasonable time of his or her passing the 
391  other portion. 
392         (3) Except for national examinations approved and 
393  administered pursuant to paragraph (1)(d), the department shall 
394  provide procedures for applicants who have taken and failed an 
395  examination developed by the department or a contracted vendor 
396  to review the their examination questions, answers, papers, 
397  grades, and grading key for the questions the candidate answered 
398  incorrectly on his or her last examination or, if not feasible, 
399  the parts of the examination failed. Applicants shall bear the 
400  actual cost for the department to provide examination review 
401  pursuant to this subsection. An applicant may waive in writing 
402  the confidentiality of his or her examination grades. 
403         Section 7. Section 455.2175, Florida Statutes, is amended 
404  to read: 
405         455.2175 Penalty for theft or reproduction of an 
406  examination.—In addition to, or in lieu of, any other discipline 
407  imposed pursuant to s. 455.227, the theft of an examination in 
408  whole or in part or the act of reproducing or copying any 
409  examination administered by the department, whether such 
410  examination is reproduced or copied in part or in whole and by 
411  any means, constitutes a felony of the third degree, punishable 
412  as provided in s. 775.082, s. 775.083, or s. 775.084. An 
413  examinee whose examination materials have been confiscated upon 
414  suspicion of a violation of this section may not participate in 
415  another examination during the pendency of any criminal 
416  investigation or prosecution relating to the matter. 
417         Section 8. Section 455.2226, Florida Statutes, is repealed. 
418         Section 9. Paragraph (c) of subsection (1) of section 
419  455.227, Florida Statutes, is amended to read: 
420         455.227 Grounds for discipline; penalties; enforcement.— 
421         (1) The following acts shall constitute grounds for which 
422  the disciplinary actions specified in subsection (2) may be 
423  taken: 
424         (c) Being convicted or found guilty of, or entering a plea 
425  of nolo contendere or guilty to, regardless of adjudication, a 
426  crime in any jurisdiction which relates to the practice of, or 
427  the ability to practice, a licensee’s profession. 
428         Section 10. Subsection (1) of section 455.228, Florida 
429  Statutes, is amended to read: 
430         455.228 Unlicensed practice of a profession; cease and 
431  desist notice; civil penalty; enforcement; citations; allocation 
432  of moneys collected.— 
433         (1) When the department has probable cause to believe that 
434  a any person not licensed by the department, or the appropriate 
435  regulatory board within the department, has violated any 
436  provision of this chapter or any statute that relates to the 
437  practice of a profession regulated by the department, or any 
438  rule adopted pursuant thereto, the department may issue and 
439  deliver to such person a notice to cease and desist from such 
440  violation. In addition, the department may issue and deliver a 
441  notice to cease and desist to any person who aids and abets the 
442  unlicensed practice of a profession by employing such unlicensed 
443  person. The issuance of a notice to cease and desist does shall 
444  not constitute agency action for which a hearing under ss. 
445  120.569 and 120.57 may be sought. For the purpose of enforcing a 
446  cease and desist notice order, the department may file a 
447  proceeding in the name of the state seeking issuance of an 
448  injunction or a writ of mandamus against any person who violates 
449  any provisions of such notice order. In addition to the 
450  foregoing remedies, the department may impose an administrative 
451  penalty not to exceed $5,000 per incident pursuant to the 
452  provisions of chapter 120 or may issue a citation pursuant to 
453  the provisions of subsection (3). If the department is required 
454  to seek enforcement of the order for a penalty pursuant to s. 
455  120.569, it is shall be entitled to collect its attorney’s fees 
456  and costs, together with any cost of collection. 
457         Section 11. Subsection (4) of section 468.8311, Florida 
458  Statutes, is amended to read: 
459         468.8311 Definitions.—As used in this part, the term: 
460         (4) “Home inspection services” means a limited visual 
461  examination of one or more of the following readily accessible 
462  installed systems and components of a home: the structure, 
463  electrical system, HVAC system, roof covering, plumbing system, 
464  interior components, exterior components, and site conditions 
465  that affect the structure, for the purposes of providing a 
466  written professional opinion of the condition of the home. 
467         Section 12. Subsections (4), (5), (6), (7), and (8) of 
468  section 468.8312, Florida Statutes, are amended to read: 
469         468.8312 Fees.— 
470         (4) The fee for a certificate of authorization shall not 
471  exceed $125. 
472         (4)(5) The biennial renewal fee shall not exceed $200. 
473         (5)(6) The fee for licensure by endorsement shall not 
474  exceed $200. 
475         (6)(7) The fee for application for inactive status or for 
476  reactivation of an inactive license shall not exceed $200. 
477         (7)(8) The fee for applications from providers of 
478  continuing education may not exceed $500. 
479         Section 13. Section 468.8313, Florida Statutes, is amended 
480  to read: 
481         468.8313 Examinations.— 
482         (1) A person desiring to be licensed as a home inspector 
483  shall apply to the department after satisfying the examination 
484  requirements of this part to take a licensure examination. 
485         (2) An applicant shall be entitled to take the licensure 
486  examination for the purpose of determining whether he or she is 
487  qualified to practice in this state as a home inspector if the 
488  applicant has passed the required examination, is of good moral 
489  character, and has completed a course of study of at least no 
490  less than 120 hours which that covers all of the following 
491  components of a home: structure, electrical system, HVAC system, 
492  roof covering, plumbing system, interior components, exterior 
493  components, and site conditions that affect the structure. 
494         (3) The department shall review and approve courses of 
495  study in home inspection. 
496         (4) The department may review and approve examinations by a 
497  nationally recognized entity that offers programs or sets 
498  standards that ensure competence as a home inspector. 
499         (5)(a) “Good moral character” means a personal history of 
500  honesty, fairness, and respect for the rights of others and for 
501  the laws of this state and nation. 
502         (b) The department may refuse to certify an applicant for 
503  failure to satisfy this requirement only if: 
504         1. There is a substantial connection between the lack of 
505  good moral character of the applicant and the professional 
506  responsibilities of a licensed home inspector; and 
507         2. The finding by the department of lack of good moral 
508  character is supported by clear and convincing evidence. 
509         (c) When an applicant is found to be unqualified for a 
510  license because of lack of good moral character, the department 
511  shall furnish the applicant a statement containing the findings 
512  of the department, a complete record of the evidence upon which 
513  the determination was based, and a notice of the rights of the 
514  applicant to a rehearing and appeal. 
515         (6) An applicant for an initial license shall submit, along 
516  with the application, a complete set of electronic fingerprints 
517  in a form and manner required by the department. The 
518  fingerprints shall be submitted to the Department of Law 
519  Enforcement for state processing, and the Department of Law 
520  Enforcement shall forward them to the Federal Bureau of 
521  Investigation for a level 2 background check pursuant to s. 
522  435.04. The department shall review the background results to 
523  determine if an applicant meets the requirements for licensure. 
524  The cost of the fingerprint processing shall be borne by the 
525  applicant. These fees shall be collected by the authorized 
526  agencies or vendors. The authorized agencies or vendors shall 
527  pay the processing costs to the Department of Law Enforcement. 
528         (7)(6) The department may adopt rules pursuant to ss. 
529  120.536(1) and 120.54 to implement the provisions of this 
530  section. 
531         Section 14. Section 468.8318, Florida Statutes, is amended 
532  to read: 
533         468.8318 Certification of corporations and partnerships.— 
534         (1) The department shall issue a certificate of 
535  authorization to a corporation or partnership offering home 
536  inspection services to the public if the corporation or 
537  partnership satisfies all of the requirements of this part. 
538         (2) The practice of or the offer to practice home 
539  inspection services by licensees through a corporation or 
540  partnership offering home inspection services to the public, or 
541  by a corporation or partnership offering such services to the 
542  public through licensees under this part as agents, employees, 
543  officers, or partners, is permitted subject to the provisions of 
544  this part, provided that all personnel of the corporation or 
545  partnership who act in its behalf as home inspectors in this 
546  state are licensed as provided by this part; and further 
547  provided that the corporation or partnership has been issued a 
548  certificate of authorization by the department as provided in 
549  this section. Nothing in this section shall be construed to 
550  allow a corporation to hold a license to practice home 
551  inspection services. No corporation or partnership shall be 
552  relieved of responsibility for the conduct or acts of its 
553  agents, employees, or officers by reason of its compliance with 
554  this section, nor shall any individual practicing home 
555  inspection services be relieved of responsibility for 
556  professional services performed by reason of his or her 
557  employment or relationship with a corporation or partnership. 
558         (3) For the purposes of this section, a certificate of 
559  authorization shall be required for a corporation, partnership, 
560  association, or person practicing under a fictitious name and 
561  offering home inspection services to the public; however, when 
562  an individual is practicing home inspection services in his or 
563  her own given name, he or she shall not be required to register 
564  under this section. 
565         (4) Each certificate of authorization shall be renewed 
566  every 2 years. Each partnership and corporation certified under 
567  this section shall notify the department within 1 month of any 
568  change in the information contained in the application upon 
569  which the certification is based. 
570         (5) Disciplinary action against a corporation or 
571  partnership shall be administered in the same manner and on the 
572  same grounds as disciplinary action against a licensed home 
573  inspector. 
574         Section 15. Notwithstanding section 4 of chapter 2007-235, 
575  Laws of Florida, paragraphs (a) and (b) of subsection (1) of 
576  section 468.8319, Florida Statutes, shall take effect July 1, 
577  2011. 
578         Section 16. Section 468.8319, Florida Statutes, is amended 
579  to read: 
580         468.8319 Prohibitions; penalties.— 
581         (1) A person home inspector, a company that employs a home 
582  inspector, or a company that is controlled by a company that 
583  also has a financial interest in a company employing a home 
584  inspector may not: 
585         (a) Practice or offer to practice home inspection services 
586  unless the person has complied with the provisions of this part; 
587         (b) Use the name or title “certified home inspector,” 
588  “registered home inspector,” “licensed home inspector,” “home 
589  inspector,” “professional home inspector,” or any combination 
590  thereof unless the person has complied with the provisions of 
591  this part; 
592         (c) Present as his or her own the license of another; 
593         (d) Knowingly give false or forged evidence to the 
594  department or an employee thereof; 
595         (e) Use or attempt to use a license that has been suspended 
596  or revoked; 
597         (f) Perform or offer to perform, prior to closing, for any 
598  additional fee, any repairs to a home on which the inspector or 
599  the inspector’s company has prepared a home inspection report. 
600  This paragraph does not apply to a home warranty company that is 
601  affiliated with or retains a home inspector to perform repairs 
602  pursuant to a claim made under a home warranty contract; 
603         (g) Inspect for a fee any property in which the inspector 
604  or the inspector’s company has any financial or transfer 
605  interest; 
606         (h) Offer or deliver any compensation, inducement, or 
607  reward to any broker or agent therefor for the referral of the 
608  owner of the inspected property to the inspector or the 
609  inspection company; or 
610         (i) Accept an engagement to make an omission or prepare a 
611  report in which the inspection itself, or the fee payable for 
612  the inspection, is contingent upon either the conclusions in the 
613  report, preestablished findings, or the close of escrow. 
614         (2) Any person who is found to be in violation of any 
615  provision of this section commits a misdemeanor of the first 
616  degree, punishable as provided in s. 775.082 or s. 775.083. 
617         Section 17. Subsection (1) of section 468.832, Florida 
618  Statutes, is amended to read: 
619         468.832 Disciplinary proceedings.— 
620         (1) The following acts constitute grounds for which the 
621  disciplinary actions in subsection (2) may be taken: 
622         (a) Violation of any provision of this part or s. 
623  455.227(1).; 
624         (b) Attempting to procure a license to practice home 
625  inspection services by bribery or fraudulent misrepresentation.; 
626         (c) Having a license to practice home inspection services 
627  revoked, suspended, or otherwise acted against, including the 
628  denial of licensure, by the licensing authority of another 
629  state, territory, or country.; 
630         (d) Being convicted or found guilty of, or entering a plea 
631  of nolo contendere to, regardless of adjudication, a crime in 
632  any jurisdiction that directly relates to the practice of home 
633  inspection services or the ability to practice home inspection 
634  services.; 
635         (e) Making or filing a report or record that the licensee 
636  knows to be false, willfully failing to file a report or record 
637  required by state or federal law, willfully impeding or 
638  obstructing such filing, or inducing another person to impede or 
639  obstruct such filing. Such reports or records shall include only 
640  those that are signed in the capacity of a licensed home 
641  inspector.; 
642         (f) Advertising goods or services in a manner that is 
643  fraudulent, false, deceptive, or misleading in form or content.; 
644         (g) Engaging in fraud or deceit, or negligence, 
645  incompetency, or misconduct, in the practice of home inspection 
646  services.; 
647         (h) Failing to perform any statutory or legal obligation 
648  placed upon a licensed home inspector; violating any provision 
649  of this chapter, a rule of the department, or a lawful order of 
650  the department previously entered in a disciplinary hearing; or 
651  failing to comply with a lawfully issued subpoena of the 
652  department.; or 
653         (i) Practicing on a revoked, suspended, inactive, or 
654  delinquent license. 
655         (j) Failing to meet any standard of practice adopted by 
656  rule of the department. 
657         Section 18. Section 468.8324, Florida Statutes, is amended 
658  to read: 
659         468.8324 Grandfather clause.—A person who performs home 
660  inspection services as defined in this part may qualify to be 
661  licensed by the department as a home inspector if the person 
662  submits an application to the department postmarked no later 
663  than March 1, 2011, showing that the applicant: 
664         (1)(a) Has been certified as a home inspector by a state or 
665  national association that required successful completion of a 
666  proctored examination on home inspection, as defined in this 
667  part for certification, and has completed at least 14 hours of 
668  verifiable education on home inspection; or 
669         (b) Has at least 3 years’ experience as a home inspector at 
670  the time of application and has completed 14 hours of verifiable 
671  education on home inspection. Applicants must provide 120 home 
672  inspection reports based on home inspections, as defined by this 
673  part, to establish the 3 years of experience required by this 
674  subsection. The department may conduct investigations regarding 
675  the validity of home inspection reports submitted pursuant to 
676  this section and take disciplinary action pursuant to s. 468.832 
677  for the filing of false reports; and 
678         (2)(a) Has not, within 5 years following the date of 
679  application, had a home inspector license, or a license in a 
680  related field, revoked, suspended, or assessed a fine in excess 
681  of $500. For purposes of this part, a license in a related field 
682  includes, but is not limited to, licensure in real estate, 
683  construction, mold remediation, mold assessment, or building 
684  code administration or inspection; 
685         (b) Submits to and is not disqualified by the results of 
686  the criminal background check under s. 468.8313; 
687         (c) Is of good moral character as defined in s. 468.8313; 
688  and 
689         (d) Has the general liability insurance required by s. 
690  468.8322 meets the licensure requirements of this part by July 
691  1, 2010. 
692         Section 19. Section 468.8325, Florida Statutes, is created 
693  to read: 
694         468.8325 Rulemaking authority.—The department shall adopt 
695  rules to administer this part. 
696         Section 20. Subsections (6), (7), (8), (9), and (10) of 
697  section 468.8412, Florida Statutes, are amended to read: 
698         468.8412 Fees.— 
699         (6) The fee for a biennial certificate of authorization 
700  renewal shall not exceed $400. 
701         (6)(7) The fee for licensure by endorsement shall not 
702  exceed $200. 
703         (7)(8) The fee for application for inactive status shall 
704  not exceed $100. 
705         (8)(9) The fee for reactivation of an inactive license 
706  shall not exceed $200. 
707         (9)(10) The fee for applications from providers of 
708  continuing education may not exceed $500. 
709         Section 21. Subsections (1) and (2) of section 468.8413, 
710  Florida Statutes, are amended to read: 
711         468.8413 Examinations.— 
712         (1) A person desiring to be licensed as a mold assessor or 
713  mold remediator shall apply to the department after satisfying 
714  the examination requirements of this part to take a licensure 
715  examination. 
716         (2) An applicant is qualified shall be entitled to take the 
717  licensure examination to practice in this state as a mold 
718  assessor or mold remediator if the applicant has passed the 
719  required examination, is of good moral character, and has 
720  satisfied one of the following requirements: 
721         (a)1. For a mold remediator, at least an associate of arts 
722  a 2-year degree or an equivalent degree and the completion of at 
723  least 30 semester hours in microbiology, engineering, 
724  architecture, industrial hygiene, occupational safety, or a 
725  related field of science from an accredited institution and a 
726  minimum of 1 year of documented field experience in a field 
727  related to mold remediation; or 
728         2. A high school diploma or the equivalent with a minimum 
729  of 4 years of documented field experience in a field related to 
730  mold remediation. 
731         (b)1. For a mold assessor, at least an associate of arts a 
732  2-year degree or an equivalent degree and the completion of at 
733  least 30 semester hours in microbiology, engineering, 
734  architecture, industrial hygiene, occupational safety, or a 
735  related field of science from an accredited institution and a 
736  minimum of 1 year of documented field experience in conducting 
737  microbial sampling or investigations; or 
738         2. A high school diploma or the equivalent with a minimum 
739  of 4 years of documented field experience in conducting 
740  microbial sampling or investigations. 
741         Section 22. Subsection (3) of section 468.8414, Florida 
742  Statutes, is amended to read: 
743         468.8414 Licensure.— 
744         (3) The department shall certify as qualified for a license 
745  by endorsement an applicant who: 
746         (a) Is of good moral character; 
747         (b) Possesses the liability insurance required by s. 
748  468.8421; and: 
749         (c)1.(a) Is qualified to take the examination as set forth 
750  in s. 468.8413 and has passed a certification examination 
751  offered by a nationally recognized organization that certifies 
752  persons in the specialty of mold assessment or mold remediation 
753  that has been approved by the department as substantially 
754  equivalent to the requirements of this part and s. 455.217; or 
755         2.(b) Holds a valid license to practice mold assessment or 
756  mold remediation issued by another state or territory of the 
757  United States if the criteria for issuance of the license were 
758  substantially the same as the licensure criteria that is 
759  established by this part as determined by the department. 
760         Section 23. Section 468.8418, Florida Statutes, is amended 
761  to read: 
762         468.8418 Certification of partnerships and corporations.— 
763         (1) The department shall issue a certificate of 
764  authorization to a corporation or partnership offering mold 
765  assessment or mold remediation services to the public if the 
766  corporation or partnership satisfies all of the requirements of 
767  this part. 
768         (2) The practice of or the offer to practice mold 
769  assessment or mold remediation by licensees through a 
770  corporation or partnership offering mold assessment or mold 
771  remediation to the public, or by a corporation or partnership 
772  offering such services to the public through licensees under 
773  this part as agents, employees, officers, or partners, is 
774  permitted subject to the provisions of this part, provided that 
775  the corporation or partnership has been issued a certificate of 
776  authorization by the department as provided in this section. 
777  Nothing in this section shall be construed to allow a 
778  corporation to hold a license to practice mold assessment or 
779  mold remediation. No corporation or partnership shall be 
780  relieved of responsibility for the conduct or acts of its 
781  agents, employees, or officers by reason of its compliance with 
782  this section, nor shall any individual practicing mold 
783  assessment or mold remediation be relieved of responsibility for 
784  professional services performed by reason of his or her 
785  employment or relationship with a corporation or partnership. 
786         (3) For the purposes of this section, a certificate of 
787  authorization shall be required for a corporation, partnership, 
788  association, or person practicing under a fictitious name, 
789  offering mold assessment or mold remediation; however, when an 
790  individual is practicing mold assessment or mold remediation 
791  under his or her own given name, he or she shall not be required 
792  to register under this section. 
793         (4) Each certificate of authorization shall be renewed 
794  every 2 years. Each partnership and corporation certified under 
795  this section shall notify the department within 1 month of any 
796  change in the information contained in the application upon 
797  which the certification is based. 
798         (5) Disciplinary action against a corporation or 
799  partnership shall be administered in the same manner and on the 
800  same grounds as disciplinary action against a licensed mold 
801  assessor or mold remediator. 
802         Section 24. Subsection (1) of section 468.8419, Florida 
803  Statutes, is amended to read: 
804         468.8419 Prohibitions; penalties.— 
805         (1) A person mold assessor, a company that employs a mold 
806  assessor, or a company that is controlled by a company that also 
807  has a financial interest in a company employing a mold assessor 
808  may not: 
809         (a) Perform or offer to perform any mold assessment unless 
810  the mold assessor has documented training in water, mold, and 
811  respiratory protection under s. 468.8414(2). 
812         (b) Perform or offer to perform any mold assessment unless 
813  the person has complied with the provisions of this part. 
814         (c) Use the name or title “certified mold assessor,” 
815  “registered mold assessor,” “licensed mold assessor,” “mold 
816  assessor,” “professional mold assessor,” or any combination 
817  thereof unless the person has complied with the provisions of 
818  this part. 
819         (d) Perform or offer to perform any mold remediation to a 
820  structure on which the mold assessor or the mold assessor’s 
821  company provided a mold assessment within the last 12 months. 
822         (e) Inspect for a fee any property in which the assessor or 
823  the assessor’s company has any financial or transfer interest. 
824         (f) Accept any compensation, inducement, or reward from a 
825  mold remediator or mold remediator’s company for the referral of 
826  any business to the mold remediator or the mold remediator’s 
827  company. 
828         (g) Offer any compensation, inducement, or reward to a mold 
829  remediator or mold remediator’s company for the referral of any 
830  business from the mold remediator or the mold remediator’s 
831  company. 
832         (h) Accept an engagement to make an omission of the 
833  assessment or conduct an assessment in which the assessment 
834  itself, or the fee payable for the assessment, is contingent 
835  upon the conclusions of the assessment. 
836         Section 25. Notwithstanding section 4 of chapter 2007-235, 
837  Laws of Florida, paragraphs (a) and (b) of subsection (1) of 
838  section 468.8419, Florida Statutes, shall take effect July 1, 
839  2011. 
840         Section 26. Subsection (1) of section 468.842, Florida 
841  Statutes, is amended to read: 
842         468.842 Disciplinary proceedings.— 
843         (1) The following acts constitute grounds for which the 
844  disciplinary actions in subsection (2) may be taken: 
845         (a) Violation of any provision of this part or s. 
846  455.227(1).; 
847         (b) Attempting to procure a license to practice mold 
848  assessment or mold remediation by bribery or fraudulent 
849  misrepresentations.; 
850         (c) Having a license to practice mold assessment or mold 
851  remediation revoked, suspended, or otherwise acted against, 
852  including the denial of licensure, by the licensing authority of 
853  another state, territory, or country.; 
854         (d) Being convicted or found guilty of, or entering a plea 
855  of nolo contendere to, regardless of adjudication, a crime in 
856  any jurisdiction that directly relates to the practice of mold 
857  assessment or mold remediation or the ability to practice mold 
858  assessment or mold remediation.; 
859         (e) Making or filing a report or record that the licensee 
860  knows to be false, willfully failing to file a report or record 
861  required by state or federal law, willfully impeding or 
862  obstructing such filing, or inducing another person to impede or 
863  obstruct such filing. Such reports or records shall include only 
864  those that are signed in the capacity of a registered mold 
865  assessor or mold remediator.; 
866         (f) Advertising goods or services in a manner that is 
867  fraudulent, false, deceptive, or misleading in form or content.; 
868         (g) Engaging in fraud or deceit, or negligence, 
869  incompetency, or misconduct, in the practice of mold assessment 
870  or mold remediation.; 
871         (h) Failing to perform any statutory or legal obligation 
872  placed upon a licensed mold assessor or mold remediator; 
873  violating any provision of this chapter, a rule of the 
874  department, or a lawful order of the department previously 
875  entered in a disciplinary hearing; or failing to comply with a 
876  lawfully issued subpoena of the department.; or 
877         (i) Practicing on a revoked, suspended, inactive, or 
878  delinquent license. 
879         (j) Failing to meet a standard of practice adopted by rule 
880  of the department. 
881         Section 27. Section 468.8421, Florida Statutes, is amended 
882  to read: 
883         468.8421 Insurance.— 
884         (1) A mold assessor shall maintain general liability and 
885  errors and omissions insurance coverage in an amount of not less 
886  than $1,000,000. The insurance must cover preliminary and 
887  postremediation activities. 
888         (2) A mold remediator shall maintain a general liability 
889  insurance policy in an amount of not less than $1,000,000 that 
890  includes specific coverage for mold-related claims. 
891         Section 28. Section 468.8423, Florida Statutes, is amended 
892  to read: 
893         468.8423 Grandfather clause.—A person who performs mold 
894  assessment or mold remediation as defined in this part may 
895  qualify to be licensed by the department as a mold assessor or 
896  mold remediator if the person submits an application to the 
897  department postmarked no later than March 1, 2011, showing that 
898  the applicant: 
899         (1) Has been certified as a mold assessor or mold 
900  remediator by a state or national association that required 
901  successful completion of a proctored examination for 
902  certification and has completed at least 60 hours of education 
903  for an assessor and 30 hours of education for a remediator; or 
904         (2) Has at least 3 years’ experience as a mold assessor or 
905  mold remediator at the time of application. Applicants must 
906  provide 40 invoices for mold assessments or mold remediations, 
907  as defined by this part, to establish the 3 years of experience 
908  required by this subsection. The department may conduct 
909  investigations regarding the validity of invoices for mold 
910  assessments or mold remediations submitted pursuant to this 
911  section and take disciplinary action pursuant to s. 468.842 for 
912  submitting false information; and 
913         (3)(a) Has not, within 5 years following the date of 
914  application, had a mold assessor or mold remediator, or a 
915  license in a related field, revoked, suspended, or assessed a 
916  fine in excess of $500. For purposes of this part, a license in 
917  a related field includes, but is not limited to, licensure in 
918  real estate, construction, home inspection, building code 
919  administration or inspection, or indoor air quality; and 
920         (b) Is of good moral character as defined in s. 468.8413; 
921  and 
922         (c) Has the general liability insurance required by s. 
923  468.8421 meets the licensure requirements of this part by July 
924  1, 2010. 
925         Section 29. Section 468.8424, Florida Statutes, is created 
926  to read: 
927         468.8424 Rulemaking authority.—The department shall adopt 
928  rules to administer this part. 
929         Section 30. Subsection (2) of section 474.203, Florida 
930  Statutes, is amended to read: 
931         474.203 Exemptions.—This chapter shall not apply to: 
932         (2) A person practicing as an intern or resident 
933  veterinarian who does not hold a valid license issued under this 
934  chapter and who is a graduate in training at a school or college 
935  of veterinary medicine located in this state and accredited by 
936  the American Veterinary Medical Association Council on Education 
937  or a school or college recognized by the American Veterinary 
938  Medical Association Commission for Foreign Veterinary Graduates. 
939  Such intern or resident must be a graduate of a school or 
940  college of veterinary medicine accredited by the American 
941  Veterinary Medical Association Council on Education or a school 
942  or college recognized by the American Veterinary Medical 
943  Association Commission for Foreign Veterinary Graduates. This 
944  exemption expires when such intern or resident completes or is 
945  terminated from such training. Each school or college at which 
946  such intern or resident is in training shall, on July 1 of each 
947  year, provide the board with a written list of all such interns 
948  or residents designated for this exemption, and the school or 
949  college shall also notify the board of any additions or 
950  deletions to the list. For the purposes of chapters 465 and 893, 
951  persons exempt pursuant to subsection (1), this subsection (2), 
952  or subsection (4) are deemed to be duly licensed practitioners 
953  authorized by the laws of this state to prescribe drugs or 
954  medicinal supplies. 
955         Section 31. Paragraph (a) of subsection (1) of section 
956  475.175, Florida Statutes, is amended to read: 
957         475.175 Examinations.— 
958         (1) A person shall be entitled to take the license 
959  examination to practice in this state if the person: 
960         (a) Submits to the department the appropriate 
961  electronically authenticated application and fee, and digital a 
962  fingerprint data card. The digital fingerprints fingerprint card 
963  shall be forwarded to the Division of Criminal Justice 
964  Information Systems within the Department of Law Enforcement for 
965  purposes of processing the fingerprint card to determine if the 
966  applicant has a criminal history record. The fingerprints 
967  fingerprint card shall also be forwarded to the Federal Bureau 
968  of Investigation for purposes of processing the fingerprint card 
969  to determine whether if the applicant has a criminal history 
970  record. The information obtained by the processing of the 
971  fingerprints fingerprint card by the Florida Department of Law 
972  Enforcement and the Federal Bureau of Investigation shall be 
973  sent to the department for the purpose of determining if the 
974  applicant is statutorily qualified for examination. Effective 
975  July 1, 2006, an applicant shall provide fingerprints in 
976  electronic format. 
977         Section 32. Subsection (1) of section 475.613, Florida 
978  Statutes, is amended to read: 
979         475.613 Florida Real Estate Appraisal Board.— 
980         (1) There is created the Florida Real Estate Appraisal 
981  Board, which shall consist of seven members appointed by the 
982  Governor, subject to confirmation by the Senate. Four members of 
983  the board must be real estate appraisers who have been engaged 
984  in the general practice of appraising real property in this 
985  state for at least 5 years immediately preceding appointment. In 
986  appointing real estate appraisers to the board, while not 
987  excluding other appraisers, the Governor shall give preference 
988  to real estate appraisers who are not primarily engaged in real 
989  estate brokerage or mortgage lending activities. One member of 
990  the board must represent organizations that use appraisals for 
991  the purpose of eminent domain proceedings, financial 
992  transactions, or mortgage insurance. Two members of the board 
993  shall be representatives of the general public and shall not be 
994  connected in any way with the practice of real estate appraisal, 
995  real estate brokerage, or mortgage lending. The appraiser 
996  members shall be as representative of the entire industry as 
997  possible, and membership in a nationally recognized or state 
998  recognized appraisal organization shall not be a prerequisite to 
999  membership on the board. To the extent possible, no more than 
1000  two members of the board shall be primarily affiliated with any 
1001  one particular national or state appraisal association. Two of 
1002  the members must be licensed or certified residential real 
1003  estate appraisers and two of the members must be certified 
1004  general real estate appraisers at the time of their appointment. 
1005         (a) Members of the board shall be appointed for 4-year 
1006  terms. Any vacancy occurring in the membership of the board 
1007  shall be filled by appointment by the Governor for the unexpired 
1008  term. Upon expiration of her or his term, a member of the board 
1009  shall continue to hold office until the appointment and 
1010  qualification of the member’s successor. A member may not be 
1011  appointed for more than two consecutive terms. The Governor may 
1012  remove any member for cause. 
1013         (b) The headquarters for the board shall be in Orlando. 
1014         (c) The board shall meet at least once each calendar 
1015  quarter to conduct its business. 
1016         (d) The members of the board shall elect a chairperson at 
1017  the first meeting each year. 
1018         (e) Each member of the board is entitled to per diem and 
1019  travel expenses as set by legislative appropriation for each day 
1020  that the member engages in the business of the board. 
1021         Section 33. Subsections (3) through (8) of section 477.019, 
1022  Florida Statutes, are amended to read: 
1023         477.019 Cosmetologists; qualifications; licensure; 
1024  supervised practice; license renewal; endorsement; continuing 
1025  education.— 
1026         (3) An application for the licensure examination for any 
1027  license under this section may be submitted for examination 
1028  approval in the last 100 hours of training by a pregraduate of a 
1029  licensed cosmetology school or a program within the public 
1030  school system, which school or program is certified by the 
1031  Department of Education with fees as required in paragraph 
1032  (2)(b). Upon approval, the applicant may schedule the 
1033  examination on a date when the training hours are completed. An 
1034  applicant shall have 6 months from the date of approval to take 
1035  the examination. After the 6 months have passed, if the 
1036  applicant failed to take the examination, the applicant must 
1037  reapply. The board shall establish by rule the procedures for 
1038  the pregraduate application process. 
1039         (3)(4) Upon an applicant receiving a passing grade, as 
1040  established by board rule, on the examination and paying the 
1041  initial licensing fee, the department shall issue a license to 
1042  practice cosmetology. 
1043         (4)(5) If an applicant passes all parts of the examination 
1044  for licensure as a cosmetologist, he or she may practice in the 
1045  time between passing the examination and receiving a physical 
1046  copy of his or her license if he or she practices under the 
1047  supervision of a licensed cosmetologist in a licensed salon. An 
1048  applicant who fails any part of the examination may not practice 
1049  as a cosmetologist and may immediately apply for reexamination. 
1050         (5)(6) Renewal of license registration shall be 
1051  accomplished pursuant to rules adopted by the board. 
1052         (6)(7) The board shall adopt rules specifying procedures 
1053  for the licensure by endorsement of practitioners desiring to be 
1054  licensed in this state who hold a current active license in 
1055  another state and who have met qualifications substantially 
1056  similar to, equivalent to, or greater than the qualifications 
1057  required of applicants from this state. 
1058         (7)(8)(a) The board shall prescribe by rule continuing 
1059  education requirements intended to ensure protection of the 
1060  public through updated training of licensees and registered 
1061  specialists, not to exceed 16 hours biennially, as a condition 
1062  for renewal of a license or registration as a specialist under 
1063  this chapter. Continuing education courses shall include, but 
1064  not be limited to, the following subjects as they relate to the 
1065  practice of cosmetology: human immunodeficiency virus and 
1066  acquired immune deficiency syndrome; Occupational Safety and 
1067  Health Administration regulations; workers’ compensation issues; 
1068  state and federal laws and rules as they pertain to 
1069  cosmetologists, cosmetology, salons, specialists, specialty 
1070  salons, and booth renters; chemical makeup as it pertains to 
1071  hair, skin, and nails; and environmental issues. Courses given 
1072  at cosmetology conferences may be counted toward the number of 
1073  continuing education hours required if approved by the board. 
1074         (b) Any person whose occupation or practice is confined 
1075  solely to hair braiding, hair wrapping, or body wrapping is 
1076  exempt from the continuing education requirements of this 
1077  subsection. 
1078         (c) The board may, by rule, require any licensee in 
1079  violation of a continuing education requirement to take a 
1080  refresher course or refresher course and examination in addition 
1081  to any other penalty. The number of hours for the refresher 
1082  course may not exceed 48 hours. 
1083         Section 34. Section 509.211, Florida Statutes, is amended 
1084  to read: 
1085         509.211 Safety regulations.— 
1086         (1) Each bedroom or apartment in each public lodging 
1087  establishment shall be equipped with an approved locking device 
1088  on each door opening to the outside, to an adjoining room or 
1089  apartment, or to a hallway. 
1090         (2)(a) It is unlawful for any person to use within any 
1091  public lodging establishment or public food service 
1092  establishment any fuel-burning wick-type equipment for space 
1093  heating unless such equipment is vented so as to prevent the 
1094  accumulation of toxic or injurious gases or liquids. 
1095         (b) Any person who violates the provisions of paragraph (a) 
1096  commits a misdemeanor of the second degree, punishable as 
1097  provided in s. 775.082 or s. 775.083. 
1098         (3) Each public lodging establishment that is three or more 
1099  stories in height must have safe and secure railings on all 
1100  balconies, platforms, and stairways, and all such railings must 
1101  be properly maintained and repaired. The division may impose 
1102  administrative sanctions for violations of this subsection 
1103  pursuant to s. 509.261. 
1104         (4) Every enclosed space or room that contains a boiler 
1105  regulated under chapter 554 which is fired by the direct 
1106  application of energy from the combustion of fuels and that is 
1107  located in any portion of a public lodging establishment that 
1108  also contains sleeping rooms shall be equipped with one or more 
1109  carbon monoxide sensor devices that bear the label of a 
1110  nationally recognized testing laboratory and have been tested 
1111  and listed as complying with the most recent Underwriters 
1112  Laboratories, Inc., Standard 2034, or its equivalent, unless it 
1113  is determined that carbon monoxide hazards have otherwise been 
1114  adequately mitigated as determined by the division. Such devices 
1115  shall be integrated with the public lodging establishment’s fire 
1116  detection system. Any such installation or determination shall 
1117  be made in accordance with rules adopted by the division. 
1118         Section 35. Section 548.076, Florida Statutes, is created 
1119  to read: 
1120         548.076 Cease and desist notices.—When the department has 
1121  probable cause to believe that any person not licensed by the 
1122  commission has violated any provision of this chapter, or any 
1123  rule adopted pursuant thereto, the department may issue and 
1124  deliver to such person a notice to cease and desist from such 
1125  violation pursuant to s. 455.228. 
1126         Section 36. Present subsections (4) and (5) of section 
1127  554.108, Florida Statutes, are renumbered as subsections (5) and 
1128  (6), respectively, and a new subsection (4) is added to that 
1129  section, to read: 
1130         554.108 Inspection.— 
1131         (4) A boiler that is fired by the direct application of 
1132  energy from the combustion of fuels and that is located within a 
1133  portion of a public lodging establishment containing sleeping 
1134  rooms shall be equipped with one or more carbon monoxide sensor 
1135  devices that bear the label of a nationally recognized testing 
1136  laboratory and have been tested and listed as complying with the 
1137  most recent Underwriters Laboratories, Inc., Standard 2034, or 
1138  its equivalent, unless the department determines that carbon 
1139  monoxide hazards have otherwise been adequately mitigated. Such 
1140  devices shall be integrated with the public lodging 
1141  establishment’s fire detection system. Any such installation or 
1142  determination shall be made in accordance with rules adopted by 
1143  the department. An inspector who inspects a boiler pursuant to 
1144  this section shall also determine whether the location 
1145  containing the boiler contains the carbon monoxide detectors 
1146  required by this subsection. 
1147         Section 37. Subsection (1) of section 561.17, Florida 
1148  Statutes, is amended to read: 
1149         561.17 License and registration applications; approved 
1150  person.— 
1151         (1) Any person, before engaging in the business of 
1152  manufacturing, bottling, distributing, selling, or in any way 
1153  dealing in alcoholic beverages, shall file, with the district 
1154  licensing personnel of the district of the division in which the 
1155  place of business for which a license is sought is located, a 
1156  sworn application in duplicate on forms provided to the district 
1157  licensing personnel by the division. The applicant must be a 
1158  legal or business entity, person, or persons and must include 
1159  all persons, officers, shareholders, and directors of such legal 
1160  or business entity that have a direct or indirect interest in 
1161  the business seeking to be licensed under this part. However, 
1162  the applicant does not include any person who that derives 
1163  revenue from the license solely through a contractual 
1164  relationship with the licensee, the substance of which 
1165  contractual relationship is not related to the control of the 
1166  sale of alcoholic beverages. Before Prior to any application 
1167  being approved, the division may require the applicant to file a 
1168  set of fingerprints on regular United States Department of 
1169  Justice forms for herself or himself and for any person or 
1170  persons interested directly or indirectly with the applicant in 
1171  the business for which the license is being sought, when so 
1172  required by the division. If the applicant or any person who is 
1173  interested with the applicant either directly or indirectly in 
1174  the business or who has a security interest in the license being 
1175  sought or has a right to a percentage payment from the proceeds 
1176  of the business, either by lease or otherwise, is not qualified, 
1177  the application shall be denied by the division. However, any 
1178  company regularly traded on a national securities exchange and 
1179  not over the counter; any insurer, as defined in the Florida 
1180  Insurance Code; or any bank or savings and loan association 
1181  chartered by this state, another state, or the United States 
1182  which has an interest, directly or indirectly, in an alcoholic 
1183  beverage license shall not be required to obtain division 
1184  approval of its officers, directors, or stockholders or any 
1185  change of such positions or interests. A shopping center having 
1186  with five or more stores, one or more of which has an alcoholic 
1187  beverage license and is required under a lease common to all 
1188  shopping center tenants to pay no more than 10 percent of the 
1189  gross proceeds of the business holding the license to the 
1190  shopping center, is shall not be considered as having an 
1191  interest, directly or indirectly, in the license. 
1192         Section 38. For the purpose of incorporating the amendment 
1193  made by this act to section 455.227, Florida Statutes, in a 
1194  reference thereto, paragraph (a) of subsection (2) of section 
1195  468.436, Florida Statutes, is reenacted to read: 
1196         468.436 Disciplinary proceedings.— 
1197         (2) The following acts constitute grounds for which the 
1198  disciplinary actions in subsection (4) may be taken: 
1199         (a) Violation of any provision of s. 455.227(1). 
1200         Section 39. For the purpose of incorporating the amendment 
1201  made by this act to section 455.227, Florida Statutes, in a 
1202  reference thereto, subsection (1) of section 468.832, Florida 
1203  Statutes, is reenacted to read: 
1204         468.832 Disciplinary proceedings.— 
1205         (1) The following acts constitute grounds for which the 
1206  disciplinary actions in subsection (2) may be taken: 
1207         (a) Violation of any provision of this part or s. 
1208  455.227(1); 
1209         (b) Attempting to procure a license to practice home 
1210  inspection services by bribery or fraudulent misrepresentation; 
1211         (c) Having a license to practice home inspection services 
1212  revoked, suspended, or otherwise acted against, including the 
1213  denial of licensure, by the licensing authority of another 
1214  state, territory, or country; 
1215         (d) Being convicted or found guilty of, or entering a plea 
1216  of nolo contendere to, regardless of adjudication, a crime in 
1217  any jurisdiction that directly relates to the practice of home 
1218  inspection services or the ability to practice home inspection 
1219  services; 
1220         (e) Making or filing a report or record that the licensee 
1221  knows to be false, willfully failing to file a report or record 
1222  required by state or federal law, willfully impeding or 
1223  obstructing such filing, or inducing another person to impede or 
1224  obstruct such filing. Such reports or records shall include only 
1225  those that are signed in the capacity of a licensed home 
1226  inspector; 
1227         (f) Advertising goods or services in a manner that is 
1228  fraudulent, false, deceptive, or misleading in form or content; 
1229         (g) Engaging in fraud or deceit, or negligence, 
1230  incompetency, or misconduct, in the practice of home inspection 
1231  services; 
1232         (h) Failing to perform any statutory or legal obligation 
1233  placed upon a licensed home inspector; violating any provision 
1234  of this chapter, a rule of the department, or a lawful order of 
1235  the department previously entered in a disciplinary hearing; or 
1236  failing to comply with a lawfully issued subpoena of the 
1237  department; or 
1238         (i) Practicing on a revoked, suspended, inactive, or 
1239  delinquent license. 
1240         Section 40. For the purpose of incorporating the amendment 
1241  made by this act to section 455.227, Florida Statutes, in a 
1242  reference thereto, subsection (1) of section 468.842, Florida 
1243  Statutes, is reenacted to read: 
1244         468.842 Disciplinary proceedings.— 
1245         (1) The following acts constitute grounds for which the 
1246  disciplinary actions in subsection (2) may be taken: 
1247         (a) Violation of any provision of this part or s. 
1248  455.227(1); 
1249         (b) Attempting to procure a license to practice mold 
1250  assessment or mold remediation by bribery or fraudulent 
1251  misrepresentations; 
1252         (c) Having a license to practice mold assessment or mold 
1253  remediation revoked, suspended, or otherwise acted against, 
1254  including the denial of licensure, by the licensing authority of 
1255  another state, territory, or country; 
1256         (d) Being convicted or found guilty of, or entering a plea 
1257  of nolo contendere to, regardless of adjudication, a crime in 
1258  any jurisdiction that directly relates to the practice of mold 
1259  assessment or mold remediation or the ability to practice mold 
1260  assessment or mold remediation; 
1261         (e) Making or filing a report or record that the licensee 
1262  knows to be false, willfully failing to file a report or record 
1263  required by state or federal law, willfully impeding or 
1264  obstructing such filing, or inducing another person to impede or 
1265  obstruct such filing. Such reports or records shall include only 
1266  those that are signed in the capacity of a registered mold 
1267  assessor or mold remediator; 
1268         (f) Advertising goods or services in a manner that is 
1269  fraudulent, false, deceptive, or misleading in form or content; 
1270         (g) Engaging in fraud or deceit, or negligence, 
1271  incompetency, or misconduct, in the practice of mold assessment 
1272  or mold remediation; 
1273         (h) Failing to perform any statutory or legal obligation 
1274  placed upon a licensed mold assessor or mold remediator; 
1275  violating any provision of this chapter, a rule of the 
1276  department, or a lawful order of the department previously 
1277  entered in a disciplinary hearing; or failing to comply with a 
1278  lawfully issued subpoena of the department; or 
1279         (i) Practicing on a revoked, suspended, inactive, or 
1280  delinquent license. 
1281         Section 41. For the purpose of incorporating the amendment 
1282  made by this act to section 455.227, Florida Statutes, in a 
1283  reference thereto, paragraph (a) of subsection (1) of section 
1284  471.033, Florida Statutes, is reenacted to read: 
1285         471.033 Disciplinary proceedings.— 
1286         (1) The following acts constitute grounds for which the 
1287  disciplinary actions in subsection (3) may be taken: 
1288         (a) Violating any provision of s. 455.227(1), s. 471.025, 
1289  or s. 471.031, or any other provision of this chapter or rule of 
1290  the board or department. 
1291         Section 42. For the purpose of incorporating the amendment 
1292  made by this act to section 455.227, Florida Statutes, in a 
1293  reference thereto, paragraph (a) of subsection (1) of section 
1294  473.323, Florida Statutes, is reenacted to read: 
1295         473.323 Disciplinary proceedings.— 
1296         (1) The following acts constitute grounds for which the 
1297  disciplinary actions in subsection (3) may be taken: 
1298         (a) Violation of any provision of s. 455.227(1) or any 
1299  other provision of this chapter. 
1300         Section 43. For the purpose of incorporating the amendment 
1301  made by this act to section 455.227, Florida Statutes, in a 
1302  reference thereto, paragraph (a) of subsection (1) of section 
1303  475.25, Florida Statutes, is reenacted to read: 
1304         475.25 Discipline.— 
1305         (1) The commission may deny an application for licensure, 
1306  registration, or permit, or renewal thereof; may place a 
1307  licensee, registrant, or permittee on probation; may suspend a 
1308  license, registration, or permit for a period not exceeding 10 
1309  years; may revoke a license, registration, or permit; may impose 
1310  an administrative fine not to exceed $5,000 for each count or 
1311  separate offense; and may issue a reprimand, and any or all of 
1312  the foregoing, if it finds that the licensee, registrant, 
1313  permittee, or applicant: 
1314         (a) Has violated any provision of s. 455.227(1) or s. 
1315  475.42. However, licensees under this part are exempt from the 
1316  provisions of s. 455.227(1)(i). 
1317         Section 44. For the purpose of incorporating the amendment 
1318  made by this act to section 455.227, Florida Statutes, in a 
1319  reference thereto, subsection (1) of section 475.624, Florida 
1320  Statutes, is reenacted to read: 
1321         475.624 Discipline.—The board may deny an application for 
1322  registration or certification; may investigate the actions of 
1323  any appraiser registered, licensed, or certified under this 
1324  part; may reprimand or impose an administrative fine not to 
1325  exceed $5,000 for each count or separate offense against any 
1326  such appraiser; and may revoke or suspend, for a period not to 
1327  exceed 10 years, the registration, license, or certification of 
1328  any such appraiser, or place any such appraiser on probation, if 
1329  it finds that the registered trainee, licensee, or 
1330  certificateholder: 
1331         (1) Has violated any provisions of this part or s. 
1332  455.227(1); however, certificateholders, registrants, and 
1333  licensees under this part are exempt from the provisions of s. 
1334  455.227(1)(i). 
1335         Section 45. For the purpose of incorporating the amendment 
1336  made by this act to section 455.227, Florida Statutes, in a 
1337  reference thereto, paragraph (h) of subsection (1) of section 
1338  476.204, Florida Statutes, is reenacted to read: 
1339         476.204 Penalties.— 
1340         (1) It is unlawful for any person to: 
1341         (h) Violate any provision of s. 455.227(1), s. 476.194, or 
1342  s. 476.214. 
1343         Section 46. For the purpose of incorporating the amendment 
1344  made by this act to section 455.227, Florida Statutes, in a 
1345  reference thereto, paragraph (h) of subsection (1) of section 
1346  477.029, Florida Statutes, is reenacted to read: 
1347         477.029 Penalty.— 
1348         (1) It is unlawful for any person to: 
1349         (h) Violate any provision of s. 455.227(1), s. 477.0265, or 
1350  s. 477.028. 
1351         Section 47. For the purpose of incorporating the amendment 
1352  made by this act to section 455.227, Florida Statutes, in a 
1353  reference thereto, paragraph (a) of subsection (1) of section 
1354  481.225, Florida Statutes, is reenacted to read: 
1355         481.225 Disciplinary proceedings against registered 
1356  architects.— 
1357         (1) The following acts constitute grounds for which the 
1358  disciplinary actions in subsection (3) may be taken: 
1359         (a) Violating any provision of s. 455.227(1), s. 481.221, 
1360  or s. 481.223, or any rule of the board or department lawfully 
1361  adopted pursuant to this part or chapter 455. 
1362         Section 48. For the purpose of incorporating the amendment 
1363  made by this act to section 455.227, Florida Statutes, in a 
1364  reference thereto, paragraph (a) of subsection (1) of section 
1365  481.325, Florida Statutes, is reenacted to read: 
1366         481.325 Disciplinary proceedings.— 
1367         (1) The following acts constitute grounds for which the 
1368  disciplinary actions in subsection (3) may be taken: 
1369         (a) Violation of any provision of s. 455.227(1), s. 
1370  481.321, or s. 481.323. 
1371         Section 49. For the purpose of incorporating the amendment 
1372  made by this act to section 468.832, Florida Statutes, in a 
1373  reference thereto, subsection (2) of section 468.8314, Florida 
1374  Statutes, is reenacted to read: 
1375         468.8314 Licensure.— 
1376         (2) The department shall certify for licensure any 
1377  applicant who satisfies the requirements of s. 468.8313 and who 
1378  has passed the licensing examination. The department may refuse 
1379  to certify any applicant who has violated any of the provisions 
1380  of s. 468.832. 
1381         Section 50. This act shall take effect July 1, 2010.