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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
CS/HB 869 2023
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requiring certain persons, licensees, and licensed 26
agents to create and mainta in a division online 27
account and provide the division with specified 28
information; amending s. 548.043, F.S.; deleting a 29
requirement limiting the types of boxing exhibitions 30
which require a specified maximum difference in 31
participant weights; providing an e ffective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. Subsection (3) of section 468.8414, Florida 36
Statutes, is amended to read: 37
468.8414 Licensure. — 38
(3) The department shall certify as qualified for a 39
license by endorsement an applicant who is of good moral 40
character, who has the insurance coverage required under s. 41
468.8421, and who meets at least one of the following 42
requirements: 43
(a) Is qualified to take the examination as set forth in 44
s. 468.8413 and has pas sed a certification examination offered 45
by a nationally recognized organization that certifies persons 46
in the specialty of mold assessment or mold remediation and that 47
has been approved by the department as substantially equivalent 48
to the requirements of t his part and s. 455.217 .; or 49
(b) Holds a valid license to practice mold assessment or 50
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mold remediation issued by another state or territory of the 51
United States if the criteria for issuance of the license were 52
substantially the same as the licensure crit eria that is 53
established by this part as determined by the department. 54
(c) Has held a valid license to practice mold assessment 55
or mold remediation issued by another state or territory of the 56
United States for at least 10 years before the date of 57
application. The application for licensure must be made either 58
when the license in the other state or territory is active or 59
within 2 years after such license was last active. 60
Section 2. Present subsection (3) of section 469.004, 61
Florida Statutes, is redesign ated as subsection (4), a new 62
subsection (3) is added to that section, and subsection (1) of 63
that section is amended, to read: 64
469.004 License; asbestos consultant; asbestos 65
contractor.— 66
(1) All asbestos consultants must be licensed by the 67
department. Except for an asbestos consultant's license issued 68
by endorsement as provided under subsection (3) or otherwise 69
expressly provided by law, an asbestos consultant's license may 70
be issued only to an applicant who holds a current, valid, 71
active license as an architect issued under chapter 481; holds a 72
current, valid, active license as a professional engineer issued 73
under chapter 471; holds a current, valid, active license as a 74
professional geologist issued under chapter 492; is a diplomat 75
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of the American Board of Industrial Hygiene; or has been awarded 76
designation as a Certified Safety Professional by the Board of 77
Certified Safety Professionals. 78
(3) The department shall certify as qualified for 79
licensure by endorsement any individual applying for licensure 80
who has passed a written examination that meets the requirements 81
of the United States Environmental Protection Agency Asbestos 82
Model Accreditation Plan, has held a valid license to practice 83
as an asbestos consultant or asbestos contractor issued by 84
another state or territory of the United States for at least 10 85
years before the date of application, and is applying for the 86
same or similar license in this state, subject to ss. 469.005(5) 87
and 469.006. The application for licensure must be made either 88
when the license in the other state or territory is active or 89
within 2 years after such license was last active. To qualify 90
for licensure by endorsement, an asbestos consultant must 91
complete the courses required by s. 469.005(2) and an asbestos 92
contractor must comple te the courses required by s. 469.005(3). 93
Section 3. Subsection (3) of section 489.514, Florida 94
Statutes, is amended to read: 95
489.514 Certification for registered contractors; 96
grandfathering provisions. — 97
(3) An applicant must make application by November 1, 98
2021, to be licensed pursuant to this section. 99
Section 4. Section 509.091, Florida Statutes, is amended 100
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to read: 101
509.091 Notices; form and service. — 102
(1) All licensees and licensed agents must provide an e -103
mail address to the division to function as the primary method 104
of contact for all communication with the division. 105
(2) Each notice or inspection report served by the 106
division pursuant to this chapter must be in writing and must be 107
delivered personally by an agent of the division , sent by e-108
mail, or mailed by registered letter to the operator of the 109
public lodging establishment or public food service 110
establishment. If the operator refuses to accept service or 111
evades service or the agent is otherwise unable to effect 112
service after due di ligence, the division may post such notice 113
or inspection report in a conspicuous place at the 114
establishment. 115
(2) Notwithstanding subsection (1), the division may 116
deliver lodging inspection reports and food service inspection 117
reports to the operator of th e public lodging establishment or 118
public food service establishment by electronic means. 119
Section 5. Subsection (2) of section 509.101, Florida 120
Statutes, is amended to read: 121
509.101 Establishment rules; posting of notice; food 122
service inspection repor t; maintenance of guest register; mobile 123
food dispensing vehicle registry. — 124
(2) It is the duty of each operator of a transient 125
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establishment to maintain at all times a register of, signed by 126
or for guests who occupy rental units within the establishment, 127
showing the dates upon which the rental units were occupied by 128
such guests and the rates charged for their occupancy. Each 129
operator shall maintain this register shall be maintained in 130
chronological order, shall make the register and available for 131
inspection by the division at any time , and may keep the 132
register in an electronic format . Operators need not make 133
available registers that which are more than 2 years old. 134
Section 6. Subsection (4) is added to section 509.241, 135
Florida Statutes to read: 136
509.241 Licenses required; exceptions. — 137
(4) ONLINE ACCOUNT AND TRANSACTIONS. —Each person who plans 138
to open a public lodging establishment or a public food service 139
establishment and each licensee or licensed agent must create 140
and maintain a division online ac count and provide an e -mail 141
address to the division to function as the primary contact for 142
all communication from the division. 143
(a) Licensees and licensed agents are responsible for 144
maintaining accurate contact information on file with the 145
division. 146
(b) Each licensee issued a license or licensed agent 147
managing a license classified as a vacation rental or timeshare 148
project, as those terms are defined in s. 509.242(1)(c) and (g), 149
respectively, must submit any change in the street or unit 150
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address or number of houses or units included under the license 151
within 30 days after the change. All changes must be filed with 152
the division through the division's online system. 153
Section 7. Subsection (2) of section 548.043, Florida 154
Statutes, is amended to read: 155
548.043 Weights and classes, limitations; gloves. — 156
(2) The commission shall establish by rule the acceptable 157
difference in weight between participants; however, the maximum 158
difference in weight in boxing matches shall not exceed 12 159
pounds, except matches in the cruiserweight and heavyweight 160
classes and exhibitions held solely for training purposes . 161
Section 8. This act shall take effect July 1, 2023. 162