Florida 2022 Regular Session

Florida House Bill H0667 Latest Draft

Bill / Comm Sub Version Filed 02/17/2022

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