HB 667 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Department of Business and 2
Professional Regulation; amending s. 468.8414, F.S.; 3
requiring the department to certify for licensure 4
qualified individuals who practice mold assessment or 5
mold remediation and hold certain licenses issued by 6
other states or territories; requiring applications to 7
be filed within a specified timeframe after such 8
licensure; amending s. 469.004, F.S.; providing an 9
exception for the issuance of an asbestos consultant's 10
license; requiring the department to certi fy asbestos 11
consultants and asbestos contractors for licensure who 12
meet certain exam and other state licensure 13
requirements; requiring applications to be filed 14
within a specified timeframe after such licensure; 15
requiring asbestos consultants and asbestos 16
contractors to complete certain courses; amending s. 17
469.006, F.S.; revising the financial responsibility 18
criteria the department must use when issuing 19
consulting or contracting licenses; amending s. 20
489.514, F.S.; removing a time limitation for applying 21
for certain contracting licenses under certain 22
provisions; amending s. 509.032, F.S.; authorizing the 23
Division of Hotels and Restaurants of the department 24
to adopt rules for certain electronic submissions and 25
HB 667 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
exemptions; amending s. 509.091, F.S.; requiring 26
licensees and licensed agents to provide the division 27
with e-mail addresses for contact with the division; 28
authorizing the division to deliver notices and 29
inspection reports by e -mail; amending s. 509.101, 30
F.S.; revising the maintenance requirements an 31
operator must meet for a transient establishment's 32
guest register; amending s. 509.241, F.S.; providing 33
for the expiration of public lodging establishment and 34
public food service establishment licenses; 35
authorizing the licenses to be renewed for specified 36
timeframes; requiring the division to provide forms 37
for license renewals and license applications; 38
amending s. 509.251, F.S.; revising the public lodging 39
establishment and public food service establishment 40
license fees to include an option for 2 -year renewals; 41
limiting the fees the division may charge for a 2 -year 42
license renewal; requiring license fees to be paid in 43
full at the time of application; amending s. 548.043, 44
F.S.; deleting a requirement limiting the types of 45
boxing exhibitions which require a speci fied maximum 46
difference in participant weights; reenacting s. 47
509.102(2), F.S., relating to mobile food dispensing 48
vehicles, to incorporate the amendment made to s. 49
509.251, F.S., in a reference thereto; providing an 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
effective date. 51
52
Be It Enacted by the Legislature of the State of Florida: 53
54
Section 1. Subsection (3) of section 468.8414, Florida 55
Statutes, is amended to read: 56
468.8414 Licensure. — 57
(3) The department shall certify as qualified for a 58
license by endorsement an applicant who is of goo d moral 59
character, who has the insurance coverage required under s. 60
468.8421, and who: 61
(a) Is qualified to take the examination as set forth in 62
s. 468.8413 and has passed a certification examination offered 63
by a nationally recognized organization that ce rtifies persons 64
in the specialty of mold assessment or mold remediation , and the 65
department that has been approved the certification examination 66
by the department as being substantially equivalent to the 67
requirements of this part and s. 455.217; or 68
(b) Holds a valid license to practice mold assessment or 69
mold remediation issued by another state or territory of the 70
United States if the criteria for issuance of the license were 71
substantially the same as the licensure criteria that is 72
established by this par t as determined by the department ; or 73
(c) Has held a valid license to practice mold assessment 74
or mold remediation issued by another state or territory of the 75
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United States for at least 10 years before the date of 76
application. The application for licensu re must be made either 77
when the license in the other state or territory is active or 78
within 2 years after such license was last active . 79
Section 2. Subsection (3) of section 469.004, Florida 80
Statutes, is renumbered as subsection (4), subsection (1) is 81
amended, and a new subsection (3) is added to that section, to 82
read: 83
469.004 License; asbestos consultant; asbestos 84
contractor.— 85
(1) All asbestos consultants must be licensed by the 86
department. Except for an asbestos consultant's license issued 87
by endorsement as provided under subsection (3) or otherwise 88
expressly provided by law, an asbestos consultant's license may 89
be issued only to an applicant who holds a current, valid, 90
active license as an architect issued under chapter 481; holds a 91
current, valid, active license as a professional engineer issued 92
under chapter 471; holds a current, valid, active license as a 93
professional geologist issued under chapter 492; is a diplomat 94
of the American Board of Industrial Hygiene; or has been awarded 95
designation as a Certified Safety Professional by the Board of 96
Certified Safety Professionals. 97
(3) The department shall certify as qualified for 98
licensure by endorsement any individual applying for licensure 99
who has passed a written examination that meets the requireme nts 100
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of the United States Environmental Protection Agency Asbestos 101
Model Accreditation Plan, has held a valid license to practice 102
as an asbestos consultant or asbestos contractor issued by 103
another state or territory of the United States for at least 10 104
years before the date of application, and is applying for the 105
same or similar license in the state, subject to ss. 469.005(5) 106
and 469.006. The application for licensure must be made either 107
when the license in the other state or territory is active or 108
within 2 years after such license was last active. Asbestos 109
consultants and asbestos contractors must complete courses as 110
required by s. 469.005(2) or (3), respectively, to qualify for 111
licensure by endorsement. 112
Section 3. Paragraph (c) of subsection (2) of sect ion 113
469.006, Florida Statutes, is amended to read: 114
469.006 Licensure of business organizations; qualifying 115
agents.— 116
(2) 117
(c) As a prerequisite to the issuance of a license under 118
this section, the applicant shall submit the following: 119
1. An affidavit on a form provided by the department 120
attesting that the applicant has obtained workers' compensation 121
insurance as required by chapter 440, public liability 122
insurance, and property damage insurance, in amounts determined 123
by department rule. The department shall establish by rule a 124
procedure to verify the accuracy of such affidavits based upon a 125
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random sample method. 126
2. Evidence of financial responsibility. The department 127
shall adopt rules to determine financial responsibility which 128
shall specify grounds on which the department may deny 129
licensure. Such criteria must shall include, but not be limited 130
to, credit history and limits of bondability and credit . 131
Section 4. Subsection (3) of section 489.514, Florida 132
Statutes, is amended to read: 133
489.514 Certification for registered contractors; 134
grandfathering provisions. — 135
(3) An applicant must make application by November 1, 136
2021, to be licensed pursuant to this section. 137
Section 5. Subsection (6) of section 509.032, Florida 138
Statutes, is amended to read: 139
509.032 Duties.— 140
(6) RULEMAKING AUTHORITY. —The division shall adopt such 141
rules as are necessary to carry out the provisions of this 142
chapter. The division may adopt rules requiring electronic 143
submission of any form, document, or fee as r equired by this 144
chapter. The division may prescribe by rule requirements and 145
procedures for an individual to obtain an exemption due to a 146
technological or financial hardship. 147
Section 6. Section 509.091, Florida Statutes, is amended 148
to read: 149
509.091 Notices; form and service. — 150
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(1) All licensees and licensed agents must provide an e -151
mail address to the division to function as the primary method 152
of contact for all communication with the division. 153
(2) Each notice or inspection report served by the 154
division pursuant to this chapter must be in writing and must be 155
delivered personally by an agent of the division , be sent by e-156
mail, or mailed by registered letter to the operator of the 157
public lodging establishment or public food service 158
establishment. If the operator refuses to accept service or 159
evades service or the agent is otherwise unable to effect 160
service after due diligence, the division may post such notice 161
or inspection report in a conspicuous place at the 162
establishment. 163
(2) Notwithstanding subsec tion (1), the division may 164
deliver lodging inspection reports and food service inspection 165
reports to the operator of the public lodging establishment or 166
public food service establishment by electronic means. 167
Section 7. Subsection (2) of section 509.101 , Florida 168
Statutes, is amended to read: 169
509.101 Establishment rules; posting of notice; food 170
service inspection report; maintenance of guest register; mobile 171
food dispensing vehicle registry. — 172
(2) It is the duty of each operator of a transient 173
establishment to maintain at all times a register of, signed by 174
or for guests who occupy rental units within the establishment, 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
showing the dates upon which the rental units were occupied by 176
such guests and the rates charged for their occupancy. Each 177
operator shall maintain this register shall be maintained in 178
chronological order, shall make the register and available for 179
inspection by the division at any time , and may keep the 180
register in an electronic format . Operators need not make 181
available registers that which are more than 2 years old. 182
Section 8. Section 509.241, Florida Statutes, is amended 183
to read: 184
509.241 Licenses required; exceptions. — 185
(1) LICENSES; ANNUAL RENEWALS.—Each public lodging 186
establishment and public food service establishment shall obtai n 187
a license from the division. Such license may not be transferred 188
from one place or individual to another. It is shall be a 189
misdemeanor of the second degree, punishable as provided in s. 190
775.082 or s. 775.083, for such an establishment to operate 191
without a license. Local law enforcement shall provide immediate 192
assistance in pursuing an illegally operating establishment. The 193
division may refuse a license, or a renewal thereof, to any 194
establishment that is not constructed and maintained in 195
accordance with law and with the rules of the division. The 196
division may refuse to issue a license, or a renewal thereof, to 197
any establishment an operator of which, within the preceding 5 198
years, has been adjudicated guilty of, or has forfeited a bond 199
when charged with, any crime reflecting on professional 200
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character, including soliciting for prostitution, pandering, 201
letting premises for prostitution, keeping a disorderly place, 202
or illegally dealing in controlled substances as defined in 203
chapter 893, whether in this state or i n any other jurisdiction 204
within the United States, or has had a license denied, revoked, 205
or suspended pursuant to s. 429.14. Licenses expire if not 206
renewed before the expiration date and may be renewed for 1 or 2 207
years. Licenses must shall be renewed using forms provided by 208
annually, and the division. The division shall adopt a rule 209
establishing procedures a staggered schedule for license 210
issuance and renewals. If any license expires while 211
administrative charges are pending against the license, the 212
proceedings against the license must shall continue to 213
conclusion as if the license were still in effect. 214
(2) APPLICATION FOR LICENSE. —Each person who plans to open 215
a public lodging establishment or a public food service 216
establishment must shall apply for and receive a license from 217
the division using forms provided by the division before 218
commencing prior to the commencement of operation. A condominium 219
association, as defined in s. 718.103, which does not own any 220
units classified as vacation rentals or timeshare p rojects under 221
s. 509.242(1)(c) or (g) is not required to apply for or receive 222
a public lodging establishment license. 223
(3) DISPLAY OF LICENSE. —Any license issued by the division 224
shall be conspicuously displayed in the office or lobby of the 225
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licensed establishment. Public food service establishments that 226
which offer catering services shall display their license number 227
on all advertising for catering services. 228
Section 9. Subsections (1) and (2) of section 509.251, 229
Florida Statutes, are amended to read: 230
509.251 License fees. — 231
(1) The division shall adopt , by rule, a schedule of fees 232
to be paid by each public lodging establishment as a 233
prerequisite to issuance or renewal of a license. Initial 234
license Such fees must shall be based on the number of rental 235
units in the establishment. License renewal fees must be based 236
on the number of rental units in the establishment and whether 237
the renewal is for 1 or 2 years. The aggregate fee per 238
establishment charged any public lodging establishment may not 239
exceed $1,000 for a 1-year license or $2,000 for a 2 -year 240
license; however, the fees described in paragraphs (a) and (b) 241
may not be included as part of the aggregate fee subject to this 242
cap. Vacation rental units or timeshare projects within separate 243
buildings or at separate locations but managed by one licensed 244
agent may be combined in a single license application, and the 245
division must shall charge a license fee as if all units in the 246
application are in a single licensed establishment. The fee 247
schedule shall require an establishment which applies for an 248
initial license to pay the full license fee if application is 249
made during the annual renewal period or more than 6 months 250
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before the next such renewal period and one -half of the fee if 251
application is made 6 months or less before such period. The fee 252
schedule must shall include fees collected for the purpose of 253
funding the Hospitality Education Program, pursuant to s. 254
509.302. All fees, which are payable in full for each 255
application at the time regardless of when the application is 256
submitted. 257
(a) Upon making initial application or an application for 258
change of ownership, the applicant shall pay to the division a 259
fee as prescribed by rule, not to exceed $50, in addition to any 260
other fees required by law, which shall cove r all costs 261
associated with initiating regulation of the establishment. 262
(b) A license renewal filed with the division after the 263
expiration date shall be accompanied by a delinquent fee as 264
prescribed by rule, not to exceed $50, in addition to the 265
renewal fee and any other fees required by law. 266
(2) The division shall adopt , by rule, a schedule of fees 267
to be paid by each public food service establishment as a 268
prerequisite to issuance or renewal of a license. Initial 269
license fees must be based on the classi fication of the license. 270
License renewal fees must be based on the classification of the 271
license and whether a renewal is for 1 or 2 years. The fee 272
schedule must shall prescribe a base basic fee and additional 273
fees based on seating capacity and services offered. The 274
aggregate fee per establishment charged any public food service 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
establishment may not exceed $400 for a 1-year license or $800 276
for a 2-year license; however, the fees described in paragraphs 277
(a) and (b) may not be included as part of the aggregate fee 278
subject to this cap. The fee schedule shall require an 279
establishment which applies for an initial license to pay the 280
full license fee if application is made during the annual 281
renewal period or more than 6 months before the next such 282
renewal period and one -half of the fee if application is made 6 283
months or less before such period. The fee schedule must shall 284
include fees collected for the purpose of funding the 285
Hospitality Education Pro gram, pursuant to s. 509.302 . All fees, 286
which are payable in full for each application at the time 287
regardless of when the application is submitted. 288
(a) Upon making initial application or an application for 289
change of ownership, the applicant shall pay to the division a 290
fee as prescribed by rule, not to exceed $50, in addition to any 291
other fees required by law, which shall cover all costs 292
associated with initiating regulation of the establishment. 293
(b) A license renewal filed with the division after the 294
expiration date shall be accompanied by a delinquent fee as 295
prescribed by rule, not to exceed $50, in addition to the 296
renewal fee and any other fees required by law. 297
Section 10. Subsection (2) of section 548.043, Florida 298
Statutes, is amended to read: 299
548.043 Weights and classes, limitations; gloves. — 300
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(2) The commission shall establish by rule the acceptable 301
difference in weight between participants; however, the maximum 302
difference in weight in boxing matches may shall not exceed 12 303
pounds, except matches in the cruiserweight and heavyweight 304
classes and exhibitions held solely for training purposes . 305
Section 11. For the purpose of incorporating the amendment 306
made by this act to section 509.251, Florida Statutes, in a 307
reference thereto, subsection (2) of section 509.102, Florida 308
Statutes, is reenacted to read: 309
509.102 Mobile food dispensing vehicles; preemption. — 310
(2) Regulation of mobile food dispensing vehicles 311
involving licenses, registrations, permits, and fees is 312
preempted to the state. A munic ipality, county, or other local 313
governmental entity may not require a separate license, 314
registration, or permit other than the license required under s. 315
509.241, or require the payment of any license, registration, or 316
permit fee other than the fee required under s. 509.251, as a 317
condition for the operation of a mobile food dispensing vehicle 318
within the entity's jurisdiction. A municipality, county, or 319
other local governmental entity may not prohibit mobile food 320
dispensing vehicles from operating within the entirety of the 321
entity's jurisdiction. 322
Section 12. This act shall take effect July 1, 2022. 323