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3 | 3 | | HB 1015 2022 |
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9 | 9 | | Page 1 of 5 |
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10 | 10 | | 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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14 | 14 | | A bill to be entitled 1 |
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15 | 15 | | An act relating to the Architect Education Minority 2 |
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16 | 16 | | Assistance Program; creating s. 481.2095, F.S.; 3 |
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17 | 17 | | creating the program within the Department of Business 4 |
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18 | 18 | | and Professional Regulation; providing a purpose for 5 |
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19 | 19 | | the program; requiring the Architect Education 6 |
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20 | 20 | | Minority Assistance Advisory Council to assist the 7 |
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21 | 21 | | Board of Architecture and Interior Design with 8 |
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22 | 22 | | administering the program; providing funding 9 |
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23 | 23 | | requirements for scholarships provided under the 10 |
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24 | 24 | | program; requiring that funds be deposited into a 11 |
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25 | 25 | | specified account in the Professional Regulation Trust 12 |
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26 | 26 | | Fund; capping the amount of funds that the department 13 |
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27 | 27 | | may spend annually on the program; requiring that 14 |
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28 | 28 | | funds for scholarships be disbursed twice each year; 15 |
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29 | 29 | | authorizing the Chief Financial Officer to invest 16 |
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30 | 30 | | funds in the program account in a specified manner; 17 |
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31 | 31 | | requiring that all earned interest from such 18 |
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32 | 32 | | investments be credited to the program account; 19 |
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33 | 33 | | requiring the board to adopt rules; specifying that 20 |
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34 | 34 | | certain determinations made by the board are not 21 |
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35 | 35 | | agency actions for the purposes of the Administrative 22 |
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36 | 36 | | Procedure Act; prohibiting a person or his or her 23 |
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37 | 37 | | agent from knowingly filing documents with the board 24 |
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38 | 38 | | which contain false information or material 25 |
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40 | 40 | | HB 1015 2022 |
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44 | 44 | | CODING: Words stricken are deletions; words underlined are additions. |
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46 | 46 | | Page 2 of 5 |
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47 | 47 | | 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 | 51 | | misstatements of fact; providing criminal penalties; 26 |
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52 | 52 | | creating the council within the department; providing 27 |
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53 | 53 | | requirements for council membership; specifying that 28 |
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54 | 54 | | the council membership of a member with certain 29 |
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55 | 55 | | absences is void; req uiring council members to serve 30 |
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56 | 56 | | without compensation; providing an exception; 31 |
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57 | 57 | | providing an effective date. 32 |
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58 | 58 | | 33 |
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59 | 59 | | Be It Enacted by the Legislature of the State of Florida: 34 |
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60 | 60 | | 35 |
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61 | 61 | | Section 1. Section 481.2095, Florida Statutes, is created 36 |
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62 | 62 | | to read: 37 |
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63 | 63 | | 481.2095 The Architect Education Minority Assistance 38 |
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64 | 64 | | Program; Architect Education Minority Assistance Advisory 39 |
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65 | 65 | | Council.— 40 |
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66 | 66 | | (1) The Architect Education Minority Assistance Program is 41 |
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67 | 67 | | created within the department for the purpose of providing 42 |
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68 | 68 | | scholarships to minority pe rsons as defined in s. 288.703 who 43 |
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69 | 69 | | are residents of this state and who are students enrolled in 44 |
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70 | 70 | | their fifth year of an architectural education program 45 |
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71 | 71 | | accredited by the National Architecture Accrediting Board at an 46 |
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72 | 72 | | institution in this state. The Architect Education Minority 47 |
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73 | 73 | | Assistance Advisory Council created in subsection (6) shall 48 |
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74 | 74 | | assist the board in administering the program. 49 |
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75 | 75 | | (2) All funds used to provide scholarships under the 50 |
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83 | 83 | | Page 3 of 5 |
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84 | 84 | | 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 | 88 | | program must be derived from a portion of existing license fees 51 |
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89 | 89 | | established under s. 481.207, not to exceed $10 per license, and 52 |
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90 | 90 | | must be deposited into the Professional Regulation Trust Fund in 53 |
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91 | 91 | | a separate account maintained for that purpose. The department 54 |
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92 | 92 | | may spend up to $200,000 per year from such account for the 55 |
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93 | 93 | | program but may not allocate overhead charges to the account. 56 |
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94 | 94 | | Funds for scholarships must be disbursed twice each year as 57 |
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95 | 95 | | recommended by the advisory council and approved by the board, 58 |
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96 | 96 | | based on eligibility criteria adopted by board rule and a 59 |
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97 | 97 | | comparative evaluation of a ll applicants. The Chief Financial 60 |
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98 | 98 | | Officer may invest funds in the program account, subject to the 61 |
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99 | 99 | | same limitations that apply to the investment of other state 62 |
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100 | 100 | | funds, and all interest earned thereon must be credited to the 63 |
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101 | 101 | | program account. 64 |
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102 | 102 | | (3) The board shall adopt rules to administer the program, 65 |
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103 | 103 | | including rules relating to the following: 66 |
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104 | 104 | | (a) Eligibility criteria for receipt of a scholarship, 67 |
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105 | 105 | | which, at a minimum, must include the following factors: 68 |
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106 | 106 | | 1. Financial need; 69 |
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107 | 107 | | 2. Status as a minority person as defined in s. 288.703; 70 |
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108 | 108 | | and 71 |
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109 | 109 | | 3. Scholastic ability and performance. 72 |
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110 | 110 | | (b) Scholarship application procedures. 73 |
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111 | 111 | | (c) Scholarship amounts, the timeframe for payments or 74 |
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112 | 112 | | partial payments, and criteria governing how scholarship funds 75 |
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121 | 121 | | 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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125 | 125 | | may be spent by the rec ipient. 76 |
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126 | 126 | | (d) The total amount of scholarship funds which can be 77 |
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127 | 127 | | awarded each year. 78 |
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128 | 128 | | (e) The minimum balance that must be maintained in the 79 |
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129 | 129 | | program account. 80 |
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130 | 130 | | (4) Determinations made by the board regarding recipients 81 |
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131 | 131 | | of scholarship funds are not agency actions for purposes of 82 |
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132 | 132 | | chapter 120. 83 |
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133 | 133 | | (5) A person or his or her agent may not knowingly file 84 |
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134 | 134 | | with the board any notice, statement, or other document that is 85 |
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135 | 135 | | false or that contains any material misstatement of fact. A 86 |
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136 | 136 | | person who violates this subsection commits a misdemeanor of the 87 |
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137 | 137 | | second degree, punishable as provided in s. 775.082 or s. 88 |
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138 | 138 | | 775.083. 89 |
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139 | 139 | | (6) The Architect Education Minority Assistance Advisory 90 |
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140 | 140 | | Council, an advisory council as defined in s. 20.03(7), is 91 |
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141 | 141 | | created within the department to assist the board in 92 |
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142 | 142 | | administering the program. Except as otherwise provided in this 93 |
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143 | 143 | | section, the advisory council shall operate in a manner 94 |
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144 | 144 | | consistent with s. 20.052. The council membership must be 95 |
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145 | 145 | | diverse and representative of mi nority persons as defined in s. 96 |
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146 | 146 | | 288.703. 97 |
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147 | 147 | | (a) The council shall consist of five architects licensed 98 |
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148 | 148 | | under this chapter appointed by the board. Of the five council 99 |
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149 | 149 | | members, one must be a board member, who shall serve as chair of 100 |
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157 | 157 | | Page 5 of 5 |
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158 | 158 | | 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 | 162 | | the council; two must be re presentatives of the American 101 |
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163 | 163 | | Institute of Architects, Florida Section; one must be a 102 |
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164 | 164 | | representative of the National Organization of Minority 103 |
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165 | 165 | | Architects; and one must be appointed as a member -at-large. At 104 |
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166 | 166 | | least one member of the council must be a woman. 105 |
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167 | 167 | | (b) The board shall determine the terms for initial 106 |
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168 | 168 | | appointments, which must be staggered, and appointments 107 |
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169 | 169 | | thereafter. 108 |
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170 | 170 | | (c) Any vacancy on the council must be filled in the same 109 |
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171 | 171 | | manner as the initial appointment. Any member appointed to fill 110 |
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172 | 172 | | a vacancy of an unexpired term shall be appointed for the 111 |
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173 | 173 | | remainder of that term. 112 |
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174 | 174 | | (d) The council membership of any member who has three 113 |
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175 | 175 | | consecutive absences or absences constituting 50 percent or more 114 |
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176 | 176 | | of the council's meetings within any 12 -month period is void and 115 |
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177 | 177 | | the member's position is deemed vacant. 116 |
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178 | 178 | | (e) Council members shall serve without compensation, and 117 |
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179 | 179 | | any necessary and actual expenses incurred by a member while 118 |
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180 | 180 | | engaged in the business of the council must be borne by such 119 |
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181 | 181 | | member or by the organization or agency such member represents. 120 |
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182 | 182 | | However, a board member who serves as a member of the council 121 |
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183 | 183 | | must be compensated in accordance with ss. 112.061 and 122 |
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184 | 184 | | 455.207(4). 123 |
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185 | 185 | | Section 2. This act shall take effect July 1, 2022. 124 |
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