Florida 2022 Regular Session

Florida House Bill H0667 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to the Department of Business and 2
1616 Professional Regulation; amending s. 468.8414, F.S.; 3
1717 requiring the department to certify for licensure 4
1818 qualified individuals who practice mold assessment or 5
1919 mold remediation and hold certain licenses issued by 6
2020 other states or territories; requiring applications to 7
2121 be filed within a specified timeframe after such 8
2222 licensure; amending s. 469.004, F.S.; providing an 9
2323 exception for the issuance of an asbestos consultant's 10
2424 license; requiring the department to certi fy asbestos 11
2525 consultants and asbestos contractors for licensure who 12
2626 meet certain exam and other state licensure 13
2727 requirements; requiring applications to be filed 14
2828 within a specified timeframe after such licensure; 15
2929 requiring asbestos consultants and asbestos 16
3030 contractors to complete certain courses; amending s. 17
3131 469.006, F.S.; revising the financial responsibility 18
3232 criteria the department must use when issuing 19
3333 consulting or contracting licenses; amending s. 20
34-474.203, F.S.; authorizing specified persons other 21
35-than a veterinarian to immunize or treat an animal for 22
36-certain diseases; amending s. 489.514, F.S.; removing 23
37-a time limitation for applying for certain contracting 24
38-licenses under certain provisions; amending s. 25
34+489.514, F.S.; removing a time limitation for applying 21
35+for certain contracting licenses under certain 22
36+provisions; amending s. 509.032, F.S.; authorizing the 23
37+Division of Hotels and Restaurants of the department 24
38+to adopt rules for certain electronic submissions and 25
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4747 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
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51-509.032, F.S.; authorizing the Division of Hotels a nd 26
52-Restaurants of the department to adopt rules for 27
53-certain electronic submissions and exemptions; 28
54-amending s. 509.091, F.S.; requiring licensees and 29
55-licensed agents to provide the division with e -mail 30
56-addresses for contact with the division; authorizing 31
57-the division to deliver notices and inspection reports 32
58-by e-mail; amending s. 509.101, F.S.; revising the 33
59-maintenance requirements an operator must meet for a 34
60-transient establishment's guest register; creating s. 35
61-509.105, F.S.; defining "outdoor kitchen equ ipment"; 36
62-authorizing certain uses of outdoor kitchen equipment; 37
63-providing that a local law, ordinance, or regulation 38
64-may not prohibit, or have the effect of prohibiting, 39
65-the use of such equipment; providing construction; 40
66-amending s. 509.241, F.S.; providin g for the 41
67-expiration of public lodging establishment and public 42
68-food service establishment licenses; authorizing the 43
69-licenses to be renewed for specified timeframes; 44
70-requiring the division to provide forms for license 45
71-renewals and license applications; ame nding s. 46
72-509.251, F.S.; revising the public lodging 47
73-establishment and public food service establishment 48
74-license fees to include an option for 2 -year renewals; 49
75-limiting the fees the division may charge for a 2 -year 50
51+exemptions; amending s. 509.091, F.S.; requiring 26
52+licensees and licensed agents to provide the division 27
53+with e-mail addresses for contact with the division; 28
54+authorizing the division to deliver notices and 29
55+inspection reports by e -mail; amending s. 509.101, 30
56+F.S.; revising the maintenance requirements an 31
57+operator must meet for a transient establishment's 32
58+guest register; amending s. 509.241, F.S.; providing 33
59+for the expiration of public lodging establishment and 34
60+public food service establishment licenses; 35
61+authorizing the licenses to be renewed for specified 36
62+timeframes; requiring the division to provide forms 37
63+for license renewals and license applications; 38
64+amending s. 509.251, F.S.; revising the public lodging 39
65+establishment and public food service establishment 40
66+license fees to include an option for 2 -year renewals; 41
67+limiting the fees the division may charge for a 2 -year 42
68+license renewal; requiring license fees to be paid in 43
69+full at the time of application; amending s. 548.043, 44
70+F.S.; deleting a requirement limiting the types of 45
71+boxing exhibitions which require a speci fied maximum 46
72+difference in participant weights; reenacting s. 47
73+509.102(2), F.S., relating to mobile food dispensing 48
74+vehicles, to incorporate the amendment made to s. 49
75+509.251, F.S., in a reference thereto; providing an 50
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8484 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
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88-license renewal; requiring license fees to be paid in 51
89-full at the time of application; amending s. 548.043, 52
90-F.S.; deleting a requirement limiting the types of 53
91-boxing exhibitions which require a specified maximum 54
92-difference in participant weights; amending s. 55
93-563.045, F.S.; providing that the annua l registration 56
94-fee for malt beverages is required only if labels or 57
95-brands are sold to a distributor; providing that no 58
96-other registration fee is authorized; amending s. 59
97-828.30, F.S.; authorizing certain persons to 60
98-administer rabies vaccinations under cert ain 61
99-circumstances; defining the term "indirect 62
100-supervision"; providing that a supervising 63
101-veterinarian assumes responsibility for a person 64
102-working under him or her or at his or her direction 65
103-and supervision; authorizing a veterinarian who 66
104-indirectly supervises the administration of the rabies 67
105-vaccination to affix his or her signature stamp in 68
106-lieu of an actual signature on the rabies vaccination 69
107-certificate; reenacting s. 509.102(2), F.S., relating 70
108-to mobile food dispensing vehicles, to incorporate the 71
109-amendment made to s. 509.251, F.S., in a reference 72
110-thereto; providing an effective date. 73
111- 74
112-Be It Enacted by the Legislature of the State of Florida: 75
88+effective date. 51
89+ 52
90+Be It Enacted by the Legislature of the State of Florida: 53
91+ 54
92+ Section 1. Subsection (3) of section 468.8414, Florida 55
93+Statutes, is amended to read: 56
94+ 468.8414 Licensure. 57
95+ (3) The department shall certify as qualified for a 58
96+license by endorsement an applicant who is of goo d moral 59
97+character, who has the insurance coverage required under s. 60
98+468.8421, and who: 61
99+ (a) Is qualified to take the examination as set forth in 62
100+s. 468.8413 and has passed a certification examination offered 63
101+by a nationally recognized organization that ce rtifies persons 64
102+in the specialty of mold assessment or mold remediation , and the 65
103+department that has been approved the certification examination 66
104+by the department as being substantially equivalent to the 67
105+requirements of this part and s. 455.217; or 68
106+ (b) Holds a valid license to practice mold assessment or 69
107+mold remediation issued by another state or territory of the 70
108+United States if the criteria for issuance of the license were 71
109+substantially the same as the licensure criteria that is 72
110+established by this par t as determined by the department ; or 73
111+ (c) Has held a valid license to practice mold assessment 74
112+or mold remediation issued by another state or territory of the 75
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121121 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
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126- Section 1. Subsection (3) of section 468.8414, Florida 77
127-Statutes, is amended to read: 78
128- 468.8414 Licensure.— 79
129- (3) The department shall certify as qualified for a 80
130-license by endorsement an applicant who is of good moral 81
131-character, who has the insurance coverage required under s. 82
132-468.8421, and who: 83
133- (a) Is qualified to take the examination as set forth in 84
134-s. 468.8413 and has passed a certification examination offered 85
135-by a nationally recognized organization that certifies persons 86
136-in the specialty of mold assessment or mold remediation , and the 87
137-department that has been approved the certification examination 88
138-by the department as being substantially equivalent to the 89
139-requirements of this part and s. 455.217; or 90
140- (b) Holds a valid license to practice mold assessment or 91
141-mold remediation issued by another state or territory of the 92
142-United States if the criteria for i ssuance of the license were 93
143-substantially the same as the licensure criteria that is 94
144-established by this part as determined by the department ; or 95
145- (c) Has held a valid license to practice mold assessment 96
146-or mold remediation issued by another state or terr itory of the 97
147-United States for at least 10 years before the date of 98
148-application. The application for licensure must be made either 99
149-when the license in the other state or territory is active or 100
125+United States for at least 10 years before the date of 76
126+application. The application for licensu re must be made either 77
127+when the license in the other state or territory is active or 78
128+within 2 years after such license was last active . 79
129+ Section 2. Subsection (3) of section 469.004, Florida 80
130+Statutes, is renumbered as subsection (4), subsection (1) is 81
131+amended, and a new subsection (3) is added to that section, to 82
132+read: 83
133+ 469.004 License; asbestos consultant; asbestos 84
134+contractor. 85
135+ (1) All asbestos consultants must be licensed by the 86
136+department. Except for an asbestos consultant's license issued 87
137+by endorsement as provided under subsection (3) or otherwise 88
138+expressly provided by law, an asbestos consultant's license may 89
139+be issued only to an applicant who holds a current, valid, 90
140+active license as an architect issued under chapter 481; holds a 91
141+current, valid, active license as a professional engineer issued 92
142+under chapter 471; holds a current, valid, active license as a 93
143+professional geologist issued under chapter 492; is a diplomat 94
144+of the American Board of Industrial Hygiene; or has been awarded 95
145+designation as a Certified Safety Professional by the Board of 96
146+Certified Safety Professionals. 97
147+ (3) The department shall certify as qualified for 98
148+licensure by endorsement any individual applying for licensure 99
149+who has passed a written examination that meets the requireme nts 100
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158158 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
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162-within 2 years after such license was last active . 101
163- Section 2. Subsection (3) of section 469.004, Florida 102
164-Statutes, is renumbered as subsection (4), subsection (1) is 103
165-amended, and a new subsection (3) is added to that section, to 104
166-read: 105
167- 469.004 License; asbestos consultant; asbestos 106
168-contractor. 107
169- (1) All asbestos consultants must be licensed by the 108
170-department. Except for an asbestos consultant's license issued 109
171-by endorsement as provided under subsection (3) or otherwise 110
172-expressly provided by law, an asbestos consultant's license may 111
173-be issued only to an applicant who holds a current, valid, 112
174-active license as an architect issued under chapter 481; holds a 113
175-current, valid, active license as a professional engineer issued 114
176-under chapter 471; holds a current, valid, active license as a 115
177-professional geologist issued under chapter 492; is a diplomat 116
178-of the American Board of Industrial Hygiene; or has been awarded 117
179-designation as a Certified Safety Professional by the Board of 118
180-Certified Safety Professionals. 119
181- (3) The department shall certify as qualified for 120
182-licensure by endorsement any individual applying for licensure 121
183-who has passed a written examination that meets the requirements 122
184-of the United States Environmental Protection Agency Asbestos 123
185-Model Accreditation Plan, has held a valid license to practice 124
186-as an asbestos consultant or asbestos contractor issued by 125
162+of the United States Environmental Protection Agency Asbestos 101
163+Model Accreditation Plan, has held a valid license to practice 102
164+as an asbestos consultant or asbestos contractor issued by 103
165+another state or territory of the United States for at least 10 104
166+years before the date of application, and is applying for the 105
167+same or similar license in the state, subject to ss. 469.005(5) 106
168+and 469.006. The application for licensure must be made either 107
169+when the license in the other state or territory is active or 108
170+within 2 years after such license was last active. Asbestos 109
171+consultants and asbestos contractors must complete courses as 110
172+required by s. 469.005(2) or (3), respectively, to qualify for 111
173+licensure by endorsement. 112
174+ Section 3. Paragraph (c) of subsection (2) of sect ion 113
175+469.006, Florida Statutes, is amended to read: 114
176+ 469.006 Licensure of business organizations; qualifying 115
177+agents.— 116
178+ (2) 117
179+ (c) As a prerequisite to the issuance of a license under 118
180+this section, the applicant shall submit the following: 119
181+ 1. An affidavit on a form provided by the department 120
182+attesting that the applicant has obtained workers' compensation 121
183+insurance as required by chapter 440, public liability 122
184+insurance, and property damage insurance, in amounts determined 123
185+by department rule. The department shall establish by rule a 124
186+procedure to verify the accuracy of such affidavits based upon a 125
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195195 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
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199-another state or territory of the United States for at least 10 126
200-years before the date of application, and is applying for the 127
201-same or similar license in the state, subject to ss. 469.005(5) 128
202-and 469.006. The applicati on for licensure must be made either 129
203-when the license in the other state or territory is active or 130
204-within 2 years after such license was last active. Asbestos 131
205-consultants and asbestos contractors must complete courses as 132
206-required by s. 469.005(2) or (3), r espectively, to qualify for 133
207-licensure by endorsement. 134
208- Section 3. Paragraph (c) of subsection (2) of section 135
209-469.006, Florida Statutes, is amended to read: 136
210- 469.006 Licensure of business organizations; qualifying 137
211-agents. 138
212- (2) 139
213- (c) As a prerequisite to the issuance of a license under 140
214-this section, the applicant shall submit the following: 141
215- 1. An affidavit on a form provided by the department 142
216-attesting that the applicant has obtained workers' compensation 143
217-insurance as required by chapter 440, public l iability 144
218-insurance, and property damage insurance, in amounts determined 145
219-by department rule. The department shall establish by rule a 146
220-procedure to verify the accuracy of such affidavits based upon a 147
221-random sample method. 148
222- 2. Evidence of financial responsi bility. The department 149
223-shall adopt rules to determine financial responsibility which 150
199+random sample method. 126
200+ 2. Evidence of financial responsibility. The department 127
201+shall adopt rules to determine financial responsibility which 128
202+shall specify grounds on which the department may deny 129
203+licensure. Such criteria must shall include, but not be limited 130
204+to, credit history and limits of bondability and credit . 131
205+ Section 4. Subsection (3) of section 489.514, Florida 132
206+Statutes, is amended to read: 133
207+ 489.514 Certification for registered contractors; 134
208+grandfathering provisions. 135
209+ (3) An applicant must make application by November 1, 136
210+2021, to be licensed pursuant to this section. 137
211+ Section 5. Subsection (6) of section 509.032, Florida 138
212+Statutes, is amended to read: 139
213+ 509.032 Duties.— 140
214+ (6) RULEMAKING AUTHORITY. —The division shall adopt such 141
215+rules as are necessary to carry out the provisions of this 142
216+chapter. The division may adopt rules requiring electronic 143
217+submission of any form, document, or fee as r equired by this 144
218+chapter. The division may prescribe by rule requirements and 145
219+procedures for an individual to obtain an exemption due to a 146
220+technological or financial hardship. 147
221+ Section 6. Section 509.091, Florida Statutes, is amended 148
222+to read: 149
223+ 509.091 Notices; form and service. 150
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232232 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
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236-shall specify grounds on which the department may deny 151
237-licensure. Such criteria must shall include, but not be limited 152
238-to, credit history and limits of bondability and cre dit. 153
239- Section 4. Paragraph (a) of subsection (5) of section 154
240-474.203, Florida Statutes, is amended to read: 155
241- 474.203 Exemptions. —This chapter does not apply to: 156
242- (5)(a) Any person, or the person's regular employee, 157
243-administering to the ills or injuries of her or his own animals, 158
244-including, but not limited to, castration, spaying, and 159
245-dehorning of herd animals, unless title is transferred or 160
246-employment provided for the purpose of circumventing this law. 161
247-This exemption does not apply to any person license d as a 162
248-veterinarian in another state or foreign jurisdiction and 163
249-practicing temporarily in this state. However, except as 164
250-provided in s. 828.30, only a veterinarian may immunize or treat 165
251-an animal for diseases that are communicable to humans and that 166
252-are of public health significance. 167
253- 168
254-For the purposes of chapters 465 and 893, persons exempt 169
255-pursuant to subsection (1), subsection (2), or subsection (4) 170
256-are deemed to be duly licensed practitioners authorized by the 171
257-laws of this state to prescribe drugs or me dicinal supplies. 172
258- Section 5. Subsection (3) of section 489.514, Florida 173
259-Statutes, is amended to read: 174
260- 489.514 Certification for registered contractors; 175
236+ (1) All licensees and licensed agents must provide an e -151
237+mail address to the division to function as the primary method 152
238+of contact for all communication with the division. 153
239+ (2) Each notice or inspection report served by the 154
240+division pursuant to this chapter must be in writing and must be 155
241+delivered personally by an agent of the division , be sent by e-156
242+mail, or mailed by registered letter to the operator of the 157
243+public lodging establishment or public food service 158
244+establishment. If the operator refuses to accept service or 159
245+evades service or the agent is otherwise unable to effect 160
246+service after due diligence, the division may post such notice 161
247+or inspection report in a conspicuous place at the 162
248+establishment. 163
249+ (2) Notwithstanding subsec tion (1), the division may 164
250+deliver lodging inspection reports and food service inspection 165
251+reports to the operator of the public lodging establishment or 166
252+public food service establishment by electronic means. 167
253+ Section 7. Subsection (2) of section 509.101 , Florida 168
254+Statutes, is amended to read: 169
255+ 509.101 Establishment rules; posting of notice; food 170
256+service inspection report; maintenance of guest register; mobile 171
257+food dispensing vehicle registry. 172
258+ (2) It is the duty of each operator of a transient 173
259+establishment to maintain at all times a register of, signed by 174
260+or for guests who occupy rental units within the establishment, 175
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269269 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
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273-grandfathering provisions. 176
274- (3) An applicant must make application by November 1, 177
275-2021, to be licensed pursuant to this section. 178
276- Section 6. Subsection (6) of section 509.032, Florida 179
277-Statutes, is amended to read: 180
278- 509.032 Duties.— 181
279- (6) RULEMAKING AUTHORITY. —The division shall adopt such 182
280-rules as are necessary to carry out the provisions of this 183
281-chapter. The division may adopt rules requiring electronic 184
282-submission of any form, document, or fee as required by this 185
283-chapter. The division may prescribe by rule requirements and 186
284-procedures for an individual to obtain an exemption due to a 187
285-technological or financial hardship. 188
286- Section 7. Section 509.091, Florida Statutes, is amended 189
287-to read: 190
288- 509.091 Notices; form and service. 191
289- (1) All licensees and licensed agents must provide an e -192
290-mail address to the division to function as the primary method 193
291-of contact for all communication with the division. 194
292- (2) Each notice or inspection report served by the 195
293-division pursuant to this chapter must be in writing and must be 196
294-delivered personally by an agent of the division , be sent by e-197
295-mail, or mailed by registered letter to the operator of the 198
296-public lodging establishment or public food service 199
297-establishment. If the operator refuses to accept service or 200
273+showing the dates upon which the rental units were occupied by 176
274+such guests and the rates charged for their occupancy. Each 177
275+operator shall maintain this register shall be maintained in 178
276+chronological order, shall make the register and available for 179
277+inspection by the division at any time , and may keep the 180
278+register in an electronic format . Operators need not make 181
279+available registers that which are more than 2 years old. 182
280+ Section 8. Section 509.241, Florida Statutes, is amended 183
281+to read: 184
282+ 509.241 Licenses required; exceptions. 185
283+ (1) LICENSES; ANNUAL RENEWALS.—Each public lodging 186
284+establishment and public food service establishment shall obtai n 187
285+a license from the division. Such license may not be transferred 188
286+from one place or individual to another. It is shall be a 189
287+misdemeanor of the second degree, punishable as provided in s. 190
288+775.082 or s. 775.083, for such an establishment to operate 191
289+without a license. Local law enforcement shall provide immediate 192
290+assistance in pursuing an illegally operating establishment. The 193
291+division may refuse a license, or a renewal thereof, to any 194
292+establishment that is not constructed and maintained in 195
293+accordance with law and with the rules of the division. The 196
294+division may refuse to issue a license, or a renewal thereof, to 197
295+any establishment an operator of which, within the preceding 5 198
296+years, has been adjudicated guilty of, or has forfeited a bond 199
297+when charged with, any crime reflecting on professional 200
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310-evades service or the agent is otherwise unable to effect 201
311-service after due diligence, the division may post s uch notice 202
312-or inspection report in a conspicuous place at the 203
313-establishment. 204
314- (2) Notwithstanding subsection (1), the division may 205
315-deliver lodging inspection reports and food service inspection 206
316-reports to the operator of the public lodging establishment o r 207
317-public food service establishment by electronic means. 208
318- Section 8. Subsection (2) of section 509.101, Florida 209
319-Statutes, is amended to read: 210
320- 509.101 Establishment rules; posting of notice; food 211
321-service inspection report; maintenance of guest register ; mobile 212
322-food dispensing vehicle registry. 213
323- (2) It is the duty of each operator of a transient 214
324-establishment to maintain at all times a register of, signed by 215
325-or for guests who occupy rental units within the establishment, 216
326-showing the dates upon which th e rental units were occupied by 217
327-such guests and the rates charged for their occupancy. Each 218
328-operator shall maintain this register shall be maintained in 219
329-chronological order, shall make the register and available for 220
330-inspection by the division at any time , and may keep the 221
331-register in an electronic format . Operators need not make 222
332-available registers that which are more than 2 years old. 223
333- Section 9. Section 509.105, Florida Statutes, is created 224
334-to read: 225
310+character, including soliciting for prostitution, pandering, 201
311+letting premises for prostitution, keeping a disorderly place, 202
312+or illegally dealing in controlled substances as defined in 203
313+chapter 893, whether in this state or i n any other jurisdiction 204
314+within the United States, or has had a license denied, revoked, 205
315+or suspended pursuant to s. 429.14. Licenses expire if not 206
316+renewed before the expiration date and may be renewed for 1 or 2 207
317+years. Licenses must shall be renewed using forms provided by 208
318+annually, and the division. The division shall adopt a rule 209
319+establishing procedures a staggered schedule for license 210
320+issuance and renewals. If any license expires while 211
321+administrative charges are pending against the license, the 212
322+proceedings against the license must shall continue to 213
323+conclusion as if the license were still in effect. 214
324+ (2) APPLICATION FOR LICENSE. —Each person who plans to open 215
325+a public lodging establishment or a public food service 216
326+establishment must shall apply for and receive a license from 217
327+the division using forms provided by the division before 218
328+commencing prior to the commencement of operation. A condominium 219
329+association, as defined in s. 718.103, which does not own any 220
330+units classified as vacation rentals or timeshare p rojects under 221
331+s. 509.242(1)(c) or (g) is not required to apply for or receive 222
332+a public lodging establishment license. 223
333+ (3) DISPLAY OF LICENSE. —Any license issued by the division 224
334+shall be conspicuously displayed in the office or lobby of the 225
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343343 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
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347- 509.105 Outdoor kitchen equipment. 226
348- (1) As used in this section, the term "outdoor kitchen 227
349-equipment" means equipment used to prepare, serve, or sell food 228
350-for immediate consumption, including a cooking appliance that is 229
351-owned by, is adjacent to, and operates in conjunction with a 230
352-licensed public food se rvice establishment. 231
353- (2) Notwithstanding any other provision of law to the 232
354-contrary, outdoor kitchen equipment: 233
355- (a) Is not required to be separately covered, have 234
356-overhead protection or hoods, or be enclosed. However, outdoor 235
357-kitchen equipment must mee t all other applicable laws, codes, 236
358-standards, and rules, including for fire safety and sanitation. 237
359- (b) May be used to prepare, serve, or sell food for 238
360-immediate consumption as provided in this chapter. Any food that 239
361-is prepared on outdoor kitchen equipm ent must be kept at 240
362-appropriate temperatures and prepared using sanitation practices 241
363-as required by this chapter. Such food may not be permanently 242
364-stored outdoors, but may be temporarily stored outside the 243
365-licensed food service establishment's enclosure wh ile 244
366-preparation is taking place on such outdoor kitchen equipment. 245
367- (c) Is subject to all other provisions of this chapter 246
368-that apply to public food service establishments, including, but 247
369-not limited to, sanitation standards, food safety training, 248
370-inspections, enforcement, and disciplinary action. 249
371- (3) A local law, ordinance, or regulation may not 250
347+licensed establishment. Public food service establishments that 226
348+which offer catering services shall display their license number 227
349+on all advertising for catering services. 228
350+ Section 9. Subsections (1) and (2) of section 509.251, 229
351+Florida Statutes, are amended to read: 230
352+ 509.251 License fees. 231
353+ (1) The division shall adopt , by rule, a schedule of fees 232
354+to be paid by each public lodging establishment as a 233
355+prerequisite to issuance or renewal of a license. Initial 234
356+license Such fees must shall be based on the number of rental 235
357+units in the establishment. License renewal fees must be based 236
358+on the number of rental units in the establishment and whether 237
359+the renewal is for 1 or 2 years. The aggregate fee per 238
360+establishment charged any public lodging establishment may not 239
361+exceed $1,000 for a 1-year license or $2,000 for a 2 -year 240
362+license; however, the fees described in paragraphs (a) and (b) 241
363+may not be included as part of the aggregate fee subject to this 242
364+cap. Vacation rental units or timeshare projects within separate 243
365+buildings or at separate locations but managed by one licensed 244
366+agent may be combined in a single license application, and the 245
367+division must shall charge a license fee as if all units in the 246
368+application are in a single licensed establishment. The fee 247
369+schedule shall require an establishment which applies for an 248
370+initial license to pay the full license fee if application is 249
371+made during the annual renewal period or more than 6 months 250
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380380 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
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384-prohibit, or have the effect of prohibiting, the use of outdoor 251
385-kitchen equipment. 252
386- (4) This section does not prevent the department or a 253
387-local health department from issuing and enforcing an order to 254
388-cease and desist use of outdoor kitchen equipment if the 255
389-equipment is the source of an adulterated food or of an outbreak 256
390-of illness caused by contaminated food. 257
391- Section 10. Section 509.241, Florida Sta tutes, is amended 258
392-to read: 259
393- 509.241 Licenses required; exceptions. — 260
394- (1) LICENSES; ANNUAL RENEWALS.—Each public lodging 261
395-establishment and public food service establishment shall obtain 262
396-a license from the division. Such license may not be transferred 263
397-from one place or individual to another. It is shall be a 264
398-misdemeanor of the second degree, punishable as provided in s. 265
399-775.082 or s. 775.083, for such an establishment to operate 266
400-without a license. Local law enforcement shall provide immediate 267
401-assistance in pursuing an illegally operating establishment. The 268
402-division may refuse a license, or a renewal thereof, to any 269
403-establishment that is not constructed and maintained in 270
404-accordance with law and with the rules of the division. The 271
405-division may refuse to issue a license, or a renewal thereof, to 272
406-any establishment an operator of which, within the preceding 5 273
407-years, has been adjudicated guilty of, or has forfeited a bond 274
408-when charged with, any crime reflecting on professional 275
384+before the next such renewal period and one -half of the fee if 251
385+application is made 6 months or less before such period. The fee 252
386+schedule must shall include fees collected for the purpose of 253
387+funding the Hospitality Education Program, pursuant to s. 254
388+509.302. All fees, which are payable in full for each 255
389+application at the time regardless of when the application is 256
390+submitted. 257
391+ (a) Upon making initial application or an application for 258
392+change of ownership, the applicant shall pay to the division a 259
393+fee as prescribed by rule, not to exceed $50, in addition to any 260
394+other fees required by law, which shall cove r all costs 261
395+associated with initiating regulation of the establishment. 262
396+ (b) A license renewal filed with the division after the 263
397+expiration date shall be accompanied by a delinquent fee as 264
398+prescribed by rule, not to exceed $50, in addition to the 265
399+renewal fee and any other fees required by law. 266
400+ (2) The division shall adopt , by rule, a schedule of fees 267
401+to be paid by each public food service establishment as a 268
402+prerequisite to issuance or renewal of a license. Initial 269
403+license fees must be based on the classi fication of the license. 270
404+License renewal fees must be based on the classification of the 271
405+license and whether a renewal is for 1 or 2 years. The fee 272
406+schedule must shall prescribe a base basic fee and additional 273
407+fees based on seating capacity and services offered. The 274
408+aggregate fee per establishment charged any public food service 275
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417417 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
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421-character, including soliciting for pr ostitution, pandering, 276
422-letting premises for prostitution, keeping a disorderly place, 277
423-or illegally dealing in controlled substances as defined in 278
424-chapter 893, whether in this state or in any other jurisdiction 279
425-within the United States, or has had a license denied, revoked, 280
426-or suspended pursuant to s. 429.14. Licenses expire if not 281
427-renewed before the expiration date and may be renewed for 1 or 2 282
428-years. Licenses must shall be renewed using forms provided by 283
429-annually, and the division. The division shall adopt a rule 284
430-establishing procedures a staggered schedule for license 285
431-issuance and renewals. If any license expires while 286
432-administrative charges are pending against the license, the 287
433-proceedings against the license must shall continue to 288
434-conclusion as if the lic ense were still in effect. 289
435- (2) APPLICATION FOR LICENSE. —Each person who plans to open 290
436-a public lodging establishment or a public food service 291
437-establishment must shall apply for and receive a license from 292
438-the division using forms provided by the division before 293
439-commencing prior to the commencement of operation. A condominium 294
440-association, as defined in s. 718.103, which does not own any 295
441-units classified as vacation rentals or timeshare projects under 296
442-s. 509.242(1)(c) or (g) is not required to apply for or r eceive 297
443-a public lodging establishment license. 298
444- (3) DISPLAY OF LICENSE. —Any license issued by the division 299
445-shall be conspicuously displayed in the office or lobby of the 300
421+establishment may not exceed $400 for a 1-year license or $800 276
422+for a 2-year license; however, the fees described in paragraphs 277
423+(a) and (b) may not be included as part of the aggregate fee 278
424+subject to this cap. The fee schedule shall require an 279
425+establishment which applies for an initial license to pay the 280
426+full license fee if application is made during the annual 281
427+renewal period or more than 6 months before the next such 282
428+renewal period and one -half of the fee if application is made 6 283
429+months or less before such period. The fee schedule must shall 284
430+include fees collected for the purpose of funding the 285
431+Hospitality Education Pro gram, pursuant to s. 509.302 . All fees, 286
432+which are payable in full for each application at the time 287
433+regardless of when the application is submitted. 288
434+ (a) Upon making initial application or an application for 289
435+change of ownership, the applicant shall pay to the division a 290
436+fee as prescribed by rule, not to exceed $50, in addition to any 291
437+other fees required by law, which shall cover all costs 292
438+associated with initiating regulation of the establishment. 293
439+ (b) A license renewal filed with the division after the 294
440+expiration date shall be accompanied by a delinquent fee as 295
441+prescribed by rule, not to exceed $50, in addition to the 296
442+renewal fee and any other fees required by law. 297
443+ Section 10. Subsection (2) of section 548.043, Florida 298
444+Statutes, is amended to read: 299
445+ 548.043 Weights and classes, limitations; gloves. 300
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454454 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
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458-licensed establishment. Public food service establishments that 301
459-which offer catering services shall display their license number 302
460-on all advertising for catering services. 303
461- Section 11. Subsections (1) and (2) of section 509.251, 304
462-Florida Statutes, are amended to read: 305
463- 509.251 License fees. — 306
464- (1) The division shall adopt , by rule, a schedule of fees 307
465-to be paid by each public lodging establishment as a 308
466-prerequisite to issuance or renewal of a license. Initial 309
467-license Such fees must shall be based on the number of rental 310
468-units in the establishment. License renewal fees must be based 311
469-on the number of rental units in the establishment and whether 312
470-the renewal is for 1 or 2 years. The aggregate fee per 313
471-establishment charged any public lodging establishment may not 314
472-exceed $1,000 for a 1-year license or $2,000 for a 2 -year 315
473-license; however, the fees described in paragraphs (a) and (b) 316
474-may not be included as part of the aggregate fee subject to this 317
475-cap. Vacation rental units or timeshare projects within separate 318
476-buildings or at separate locations but managed by one licensed 319
477-agent may be combined i n a single license application, and the 320
478-division must shall charge a license fee as if all units in the 321
479-application are in a single licensed establishment. The fee 322
480-schedule shall require an establishment which applies for an 323
481-initial license to pay the full license fee if application is 324
482-made during the annual renewal period or more than 6 months 325
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495-before the next such renewal period and one -half of the fee if 326
496-application is made 6 months or less before such period. The fee 327
497-schedule must shall include fees collected for the purpose of 328
498-funding the Hospitality Education Program, pursuant to s. 329
499-509.302. All fees, which are payable in full for each 330
500-application at the time regardless of when the application is 331
501-submitted. 332
502- (a) Upon making initial ap plication or an application for 333
503-change of ownership, the applicant shall pay to the division a 334
504-fee as prescribed by rule, not to exceed $50, in addition to any 335
505-other fees required by law, which shall cover all costs 336
506-associated with initiating regulation of the establishment. 337
507- (b) A license renewal filed with the division after the 338
508-expiration date shall be accompanied by a delinquent fee as 339
509-prescribed by rule, not to exceed $50, in addition to the 340
510-renewal fee and any other fees required by law. 341
511- (2) The division shall adopt, by rule, a schedule of fees 342
512-to be paid by each public food service establishment as a 343
513-prerequisite to issuance or renewal of a license. Initial 344
514-license fees must be based on the classification of the license. 345
515-License renewal fees must b e based on the classification of the 346
516-license and whether a renewal is for 1 or 2 years. The fee 347
517-schedule must shall prescribe a base basic fee and additional 348
518-fees based on seating capacity and services offered. The 349
519-aggregate fee per establishment charged a ny public food service 350
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532-establishment may not exceed $400 for a 1-year license or $800 351
533-for a 2-year license; however, the fees described in paragraphs 352
534-(a) and (b) may not be included as part of the aggregate fee 353
535-subject to this cap. The fee schedule shall r equire an 354
536-establishment which applies for an initial license to pay the 355
537-full license fee if application is made during the annual 356
538-renewal period or more than 6 months before the next such 357
539-renewal period and one -half of the fee if application is made 6 358
540-months or less before such period. The fee schedule must shall 359
541-include fees collected for the purpose of funding the 360
542-Hospitality Education Program, pursuant to s. 509.302 . All fees, 361
543-which are payable in full for each application at the time 362
544-regardless of when the application is submitted. 363
545- (a) Upon making initial application or an application for 364
546-change of ownership, the applicant shall pay to the division a 365
547-fee as prescribed by rule, not to exceed $50, in addition to any 366
548-other fees required by law, which shal l cover all costs 367
549-associated with initiating regulation of the establishment. 368
550- (b) A license renewal filed with the division after the 369
551-expiration date shall be accompanied by a delinquent fee as 370
552-prescribed by rule, not to exceed $50, in addition to the 371
553-renewal fee and any other fees required by law. 372
554- Section 12. Subsection (2) of section 548.043, Florida 373
555-Statutes, is amended to read: 374
556- 548.043 Weights and classes, limitations; gloves. — 375
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569- (2) The commission shall establish by rule the acceptable 376
570-difference in weight between participants; however, the maximum 377
571-difference in weight in boxing matches may shall not exceed 12 378
572-pounds, except matches in the cruiserweight and heavyweight 379
573-classes and exhibitions held solely for training purposes . 380
574- Section 13. Subsection (2) of section 563.045, Florida 381
575-Statutes, is amended to read: 382
576- 563.045 Brands or labels to be registered; qualification 383
577-to do business; fee; revocation. — 384
578- (2) The Each registrant shall pay an annual registration 385
579-fee for a brand or label sold to a distributor is of $30 for a 386
580-brand or label. No other annual registration fee for a brand or 387
581-label is authorized under this section. Any registration may be 388
582-suspended or revoked in the same manner as a beverage license 389
583-for any violation of the Beverage La w. 390
584- Section 14. Subsections (1) and (3) of section 828.30, 391
585-Florida Statutes, are amended to read: 392
586- 828.30 Rabies vaccination of dogs, cats, and ferrets. — 393
587- (1)(a) Except as provided in paragraph (b), all dogs, 394
588-cats, and ferrets 4 months of age or older must be vaccinated by 395
589-a licensed veterinarian against rabies with a vaccine that is 396
590-licensed by the United States Department of Agriculture for use 397
591-in those species. 398
592- (b) An employee, an agent, or a contractor of an animal 399
593-control authority who is acting under the indirect supervision 400
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606-of a veterinarian may vaccinate impounded animals that will be 401
607-transferred, rescued, fostered, adopted, or reclaimed by the 402
608-owner. The supervising veterinarian assumes responsibility for 403
609-the veterinary care provided to the a nimal by any person working 404
610-under him or her or at his or her direction and supervision. As 405
611-used in this paragraph, the term "indirect supervision" means 406
612-the supervising veterinarian must be available for consultation 407
613-through telecommunications, but is not required to be on the 408
614-premises during such consultation. 409
615- (c) The owner of every dog, cat, and ferret shall have the 410
616-animal revaccinated 12 months after the initial vaccination. 411
617-Thereafter, the interval between vaccinations shall conform to 412
618-the vaccine manufacturer's directions. The cost of vaccination 413
619-must be borne by the animal's owner. Evidence of circulating 414
620-rabies virus neutralizing antibodies may shall not be used as a 415
621-substitute for current vaccination in managing rabies exposure 416
622-or determining the need for booster vaccinations. 417
623- (3) Upon vaccination against rabies, the licensed 418
624-veterinarian shall provide the animal's owner and the animal 419
625-control authority with a rabies vaccination certificate. Each 420
626-animal control authority and veterinarian shall u se the "Rabies 421
627-Vaccination Certificate" of the National Association of State 422
628-Public Health Veterinarians (NASPHV) or an equivalent form 423
629-approved by the local government that contains all the 424
630-information required by the NASPHV Rabies Vaccination 425
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643-Certificate. The veterinarian who administers the rabies 426
644-vaccination or who indirectly supervises an employee, an agent, 427
645-or a contractor of an animal control authority who administers 428
646-the rabies vaccination vaccine to an animal as required under 429
647-this section may affi x his or her signature stamp in lieu of an 430
648-actual signature on the rabies vaccination certificate . 431
649- Section 15. For the purpose of incorporating the amendment 432
650-made by this act to section 509.251, Florida Statutes, in a 433
651-reference thereto, subsection (2) of section 509.102, Florida 434
652-Statutes, is reenacted to read: 435
653- 509.102 Mobile food dispensing vehicles; preemption. — 436
654- (2) Regulation of mobile food dispensing vehicles 437
655-involving licenses, registrations, permits, and fees is 438
656-preempted to the state. A municipality, county, or other local 439
657-governmental entity may not require a separate license, 440
658-registration, or permit other than the license required under s. 441
659-509.241, or require the payment of any license, registration, or 442
660-permit fee other than the fee req uired under s. 509.251, as a 443
661-condition for the operation of a mobile food dispensing vehicle 444
662-within the entity's jurisdiction. A municipality, county, or 445
663-other local governmental entity may not prohibit mobile food 446
664-dispensing vehicles from operating within the entirety of the 447
665-entity's jurisdiction. 448
666- Section 16. This act shall take effect July 1, 2022. 449
458+ (2) The commission shall establish by rule the acceptable 301
459+difference in weight between participants; however, the maximum 302
460+difference in weight in boxing matches may shall not exceed 12 303
461+pounds, except matches in the cruiserweight and heavyweight 304
462+classes and exhibitions held solely for training purposes . 305
463+ Section 11. For the purpose of incorporating the amendment 306
464+made by this act to section 509.251, Florida Statutes, in a 307
465+reference thereto, subsection (2) of section 509.102, Florida 308
466+Statutes, is reenacted to read: 309
467+ 509.102 Mobile food dispensing vehicles; preemption. — 310
468+ (2) Regulation of mobile food dispensing vehicles 311
469+involving licenses, registrations, permits, and fees is 312
470+preempted to the state. A munic ipality, county, or other local 313
471+governmental entity may not require a separate license, 314
472+registration, or permit other than the license required under s. 315
473+509.241, or require the payment of any license, registration, or 316
474+permit fee other than the fee required under s. 509.251, as a 317
475+condition for the operation of a mobile food dispensing vehicle 318
476+within the entity's jurisdiction. A municipality, county, or 319
477+other local governmental entity may not prohibit mobile food 320
478+dispensing vehicles from operating within the entirety of the 321
479+entity's jurisdiction. 322
480+ Section 12. This act shall take effect July 1, 2022. 323