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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Department of Business and 2
Professional Regulation; amending s. 468.8414, F.S.; 3
requiring the department to certify for licensure 4
qualified individuals who practice mold assessment or 5
mold remediation and hold certain licenses issued by 6
other states or territories; amending s. 469.004, 7
F.S.; revising requirements for the issuance of an 8
asbestos consultant's license; requiring the 9
department to certify for licensure by endorsement 10
asbestos consultants and asbestos contractors who meet 11
certain exam and other state licensure requirements; 12
requiring asbestos consultants and asbestos 13
contractors to complete certain courses; amending s. 14
489.514, F.S.; removing a time limitation for applying 15
for certain contracting licenses under certain 16
provisions; amending s. 509.091, F.S.; requiring 17
licensees and licensed agents to provide the 18
department's Division of Hotels and Restaurants with 19
e-mail addresses at which they can be contacted; 20
authorizing the division to deliver notices and 21
inspection reports by e-mail; amending s. 509.101, 22
F.S.; revising the guest register maintenance 23
requirements that an operator of a transient 24
establishment must meet; amending s. 509.241, F.S.; 25
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providing for the expiration of public lodging 26
establishment and public food s ervice establishment 27
licenses; authorizing the licenses to be renewed for 28
specified timeframes; requiring the division to 29
provide forms for license renewals and license 30
applications; requiring licensees and licensed agents 31
to maintain a division online acc ount and provide the 32
division with specified information; amending s. 33
509.251, F.S.; revising the public lodging 34
establishment and public food service establishment 35
license fees to include an option for 2 -year renewals; 36
limiting the fees the division may c harge for a 2-year 37
license renewal; requiring license fees to be paid in 38
full at the time of application; amending s. 548.043, 39
F.S.; deleting a requirement limiting the types of 40
boxing exhibitions which require a specified maximum 41
difference in participant weights; reenacting s. 42
509.102(2), F.S., relating to mobile food dispensing 43
vehicles, to incorporate the amendment made to s. 44
509.251, F.S., in a reference thereto; providing an 45
effective date. 46
47
Be It Enacted by the Legislature of the State of Florida : 48
49
Section 1. Subsection (3) of section 468.8414, Florida 50
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Statutes, is amended to read: 51
468.8414 Licensure. — 52
(3) The department shall certify as qualified for a 53
license by endorsement an applicant who is of good moral 54
character, who has the insuran ce coverage required under s. 55
468.8421, and who meets at least one of the following 56
requirements: 57
(a) Is qualified to take the examination as set forth in 58
s. 468.8413 and has passed a certification examination offered 59
by a nationally recognized organizat ion that certifies persons 60
in the specialty of mold assessment or mold remediation and that 61
has been approved by the department as substantially equivalent 62
to the requirements of this part and s. 455.217 .; or 63
(b) Holds a valid license to practice mold as sessment or 64
mold remediation issued by another state or territory of the 65
United States if the criteria for issuance of the license were 66
substantially the same as the licensure criteria that is 67
established by this part as determined by the department. 68
(c) Has held a valid license to practice mold assessment 69
or mold remediation issued by another state or territory of the 70
United States for at least 10 years before the date of 71
application. The application for licensure must be made either 72
when the license in the other state or territory is active or 73
within 2 years after such license was last active. 74
Section 2. Present subsection (3) of section 469.004, 75
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Florida Statutes, is redesignated as subsection (4), a new 76
subsection (3) is added to that section, and s ubsection (1) of 77
that section is amended, to read: 78
469.004 License; asbestos consultant; asbestos 79
contractor.— 80
(1) All asbestos consultants must be licensed by the 81
department. Except for an asbestos consultant's license issued 82
by endorsement as provide d under subsection (3) or otherwise 83
expressly provided by law, an asbestos consultant's license may 84
be issued only to an applicant who holds a current, valid, 85
active license as an architect issued under chapter 481; holds a 86
current, valid, active license a s a professional engineer issued 87
under chapter 471; holds a current, valid, active license as a 88
professional geologist issued under chapter 492; is a diplomat 89
of the American Board of Industrial Hygiene; or has been awarded 90
designation as a Certified Safet y Professional by the Board of 91
Certified Safety Professionals. 92
(3) The department shall certify as qualified for 93
licensure by endorsement any individual applying for licensure 94
who has passed a written examination that meets the requirements 95
of the United States Environmental Protection Agency Asbestos 96
Model Accreditation Plan, has held a valid license to practice 97
as an asbestos consultant or asbestos contractor issued by 98
another state or territory of the United States for at least 10 99
years before the date of application, and is applying for the 100
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same or similar license in this state, subject to ss. 469.005(5) 101
and 469.006. The application for licensure must be made either 102
when the license in the other state or territory is active or 103
within 2 years after such license was last active. To qualify 104
for licensure by endorsement, an asbestos consultant must 105
complete the courses required by s. 469.005(2) and an asbestos 106
contractor must complete the courses required by s. 469.005(3). 107
Section 3. Subsection (3) of s ection 489.514, Florida 108
Statutes, is amended to read: 109
489.514 Certification for registered contractors; 110
grandfathering provisions. — 111
(3) An applicant must make application by November 1, 112
2021, to be licensed pursuant to this section. 113
Section 4. Section 509.091, Florida Statutes, is amended 114
to read: 115
509.091 Notices; form and service. — 116
(1) All licensees and licensed agents must provide an e -117
mail address to the division to function as the primary method 118
of contact for all communication with the division. 119
(2) Each notice or inspection report served by the 120
division pursuant to this chapter must be in writing and must be 121
delivered personally by an agent of the division , sent by e-122
mail, or mailed by registered letter to the operator of the 123
public lodging establishment or public food service 124
establishment. If the operator refuses to accept service or 125
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evades service or the agent is otherwise unable to effect 126
service after due diligence, the division may post such notice 127
or inspection report in a conspicuous place at the 128
establishment. 129
(2) Notwithstanding subsection (1), the division may 130
deliver lodging inspection reports and food service inspection 131
reports to the operator of the public lodging establishment or 132
public food service establishment by ele ctronic means. 133
Section 5. Subsection (2) of section 509.101, Florida 134
Statutes, is amended to read: 135
509.101 Establishment rules; posting of notice; food 136
service inspection report; maintenance of guest register; mobile 137
food dispensing vehicle registry. — 138
(2) It is the duty of each operator of a transient 139
establishment to maintain at all times a register of, signed by 140
or for guests who occupy rental units within the establishment, 141
showing the dates upon which the rental units were occupied by 142
such guests and the rates charged for their occupancy. Each 143
operator shall maintain this register shall be maintained in 144
chronological order, shall make the register and available for 145
inspection by the division at any time , and may keep the 146
register in an electronic format. Operators need not make 147
available registers that which are more than 2 years old. 148
Section 6. Section 509.241, Florida Statutes, is amended 149
to read: 150
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509.241 Licenses required; exceptions. — 151
(1) LICENSES; ANNUAL RENEWALS.—Each public lodging 152
establishment and public food service establishment shall obtain 153
a license from the division. Such license may not be transferred 154
from one place or individual to another. It is shall be a 155
misdemeanor of the second degree, punishable as provided in s. 156
775.082 or s. 775.083, for such an establishment to operate 157
without a license. Local law enforcement shall provide immediate 158
assistance in pursuing an illegally operating establishment. The 159
division may refuse a license, or a renewal thereof, to any 160
establishment that is not constructed and maintained in 161
accordance with law and with the rules of the division. The 162
division may refuse to issue a license, or a renewal thereof, to 163
any establishment an operator of which, within the preceding 5 164
years, has been adjudic ated guilty of, or has forfeited a bond 165
when charged with, any crime reflecting on professional 166
character, including soliciting for prostitution, pandering, 167
letting premises for prostitution, keeping a disorderly place, 168
or illegally dealing in controlled s ubstances as defined in 169
chapter 893, whether in this state or in any other jurisdiction 170
within the United States, or has had a license denied, revoked, 171
or suspended pursuant to s. 429.14. Licenses expire if not 172
renewed before the expiration date and may be renewed for 1 or 2 173
years. Licenses must shall be renewed using forms provided by 174
annually, and the division. The division shall adopt a rule 175
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establishing procedures a staggered schedule for license 176
issuance and renewals. If any license expires while 177
administrative charges are pending against the license, the 178
proceedings against the license must shall continue to 179
conclusion as if the license were still in effect. 180
(2) APPLICATION FOR LICENSE. —Each person who plans to open 181
a public lodging establishment or a public food service 182
establishment must shall apply for and receive a license from 183
the division using forms provided by the division before 184
commencing prior to the commencement of operation. A condominium 185
association, as defined in s. 718.103, which does not own any 186
units classified as vacation rentals or timeshare projects under 187
s. 509.242(1)(c) or (g) is not required to apply for or receive 188
a public lodging establishment license. 189
(3) DISPLAY OF LICENSE. —Any license issued by the division 190
shall be conspicuously displayed in the office or lobby of the 191
licensed establishment. Public food service establishments that 192
which offer catering services shall display their license number 193
on all advertising for catering s ervices. 194
(4) ONLINE ACCOUNT AND TRANSACTIONS. —Each person who plans 195
to open a public lodging establishment or a public food service 196
establishment and each licensee or licensed agent must create 197
and maintain a division online account and provide an e -mail 198
address to the division to function as the primary contact for 199
all communication from the division. 200
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(a) Licensees and licensed agents are responsible for 201
maintaining accurate contact information on file with the 202
division. 203
(b) Each licensee issued a li cense or licensed agent 204
managing a license classified as a vacation rental or timeshare 205
project, as those terms are defined in s. 509.242(1)(c) and (g), 206
respectively, must submit any change in the street or unit 207
address or number of houses or units include d under the license 208
within 30 days of the change. All changes must be filed with the 209
division through the division's online system. 210
Section 7. Subsections (1) and (2) of section 509.251, 211
Florida Statutes, are amended to read: 212
509.251 License fees. — 213
(1) The division shall adopt , by rule, a schedule of fees 214
to be paid by each public lodging establishment as a 215
prerequisite to issuance or renewal of a license. Initial 216
license Such fees must shall be based on the number of rental 217
units in the establishme nt. License renewal fees must be based 218
on the number of rental units in the establishment and whether 219
the renewal is for 1 or 2 years. The aggregate fee per 220
establishment charged any public lodging establishment may not 221
exceed $1,000 for a 1-year license or $2,000 for a 2-year 222
license; however, the fees described in paragraphs (a) and (b) 223
may not be included as part of the aggregate fee subject to this 224
cap. Vacation rental units or timeshare projects within separate 225
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buildings or at separate locations but ma naged by one licensed 226
agent may be combined in a single license application, and the 227
division must shall charge a license fee as if all units in the 228
application are in a single licensed establishment. The fee 229
schedule shall require an establishment which a pplies for an 230
initial license to pay the full license fee if application is 231
made during the annual renewal period or more than 6 months 232
before the next such renewal period and one -half of the fee if 233
application is made 6 months or less before such period. The fee 234
schedule must shall include fees collected for the purpose of 235
funding the Hospitality Education Program, pursuant to s. 236
509.302. All fees, which are payable in full for each 237
application at the time regardless of when the application is 238
submitted. 239
(a) Upon making initial application or an application for 240
change of ownership, the applicant shall pay to the division a 241
fee as prescribed by rule, not to exceed $50, in addition to any 242
other fees required by law, which shall cover all costs 243
associated with initiating regulation of the establishment. 244
(b) A license renewal filed with the division after the 245
expiration date shall be accompanied by a delinquent fee as 246
prescribed by rule, not to exceed $50, in addition to the 247
renewal fee and any other fees re quired by law. 248
(2) The division shall adopt , by rule, a schedule of fees 249
to be paid by each public food service establishment as a 250
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prerequisite to issuance or renewal of a license. Initial 251
license fees must be based on the classification of the license. 252
License renewal fees must be based on the classification of the 253
license and whether a renewal is for 1 or 2 years. The fee 254
schedule must shall prescribe a base basic fee and additional 255
fees based on seating capacity and services offered. The 256
aggregate fee per establishment charged any public food service 257
establishment may not exceed $400 for a 1-year license or $800 258
for a 2-year license; however, the fees described in paragraphs 259
(a) and (b) may not be included as part of the aggregate fee 260
subject to this cap. The fee schedule shall require an 261
establishment which applies for an initial license to pay the 262
full license fee if application is made during the annual 263
renewal period or more than 6 months before the next such 264
renewal period and one -half of the fee if application is made 6 265
months or less before such period. The fee schedule must shall 266
include fees collected for the purpose of funding the 267
Hospitality Education Pro gram, pursuant to s. 509.302 . All fees, 268
which are payable in full for each application at the time 269
regardless of when the application is submitted. 270
(a) Upon making initial application or an application for 271
change of ownership, the applicant shall pay to the division a 272
fee as prescribed by rule, not to exceed $50, in addition to any 273
other fees required by law, which shall cover all costs 274
associated with initiating regulation of the establishment. 275
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(b) A license renewal filed with the division after the 276
expiration date shall be accompanied by a delinquent fee as 277
prescribed by rule, not to exceed $50, in addition to the 278
renewal fee and any other fees required by law. 279
Section 8. Subsection (2) of section 548.043, Florida 280
Statutes, is amended to read: 281
548.043 Weights and classes, limitations; gloves. — 282
(2) The commission shall establish by rule the acceptable 283
difference in weight between participants; however, the maximum 284
difference in weight in boxing matches shall not exceed 12 285
pounds, except matches i n the cruiserweight and heavyweight 286
classes and exhibitions held solely for training purposes . 287
Section 9. For the purpose of incorporating the amendment 288
made by this act to section 509.251, Florida Statutes, in a 289
reference thereto, subsection (2) of se ction 509.102, Florida 290
Statutes, is reenacted to read: 291
509.102 Mobile food dispensing vehicles; preemption. — 292
(2) Regulation of mobile food dispensing vehicles 293
involving licenses, registrations, permits, and fees is 294
preempted to the state. A municipality, county, or other local 295
governmental entity may not require a separate license, 296
registration, or permit other than the license required under s. 297
509.241, or require the payment of any license, registration, or 298
permit fee other than the fee required under s. 509.251, as a 299
condition for the operation of a mobile food dispensing vehicle 300
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within the entity's jurisdicti on. A municipality, county, or 301
other local governmental entity may not prohibit mobile food 302
dispensing vehicles from operating within the entirety of the 303
entity's jurisdiction. 304
Section 10. This act shall take effect July 1, 2023. 305