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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. 210.15 and 3
creating s. 210.32, F.S.; requiring persons or 4
entities licensed or permitted by the department's 5
Division of Alcoholic Beverages and Tobacco, or 6
applying for such license or permit, to create and 7
maintain an account with the division's online system 8
and provide an e-mail address to the division; 9
specifying application requirements; prohibiting the 10
division from processing applications not submitted 11
through the online system; amending s. 210.40, F.S.; 12
revising the amount of an initial corporate surety 13
bond required as a condition of licensure as a tobacco 14
product distributor; requiring the division to review 15
corporate surety bond amounts on a specified basis; 16
authorizing the division to increase a bond amount, 17
subject to specified conditions; authorizing the 18
division to adjust bond amounts by rule; authorizing 19
the division to reduce a bond amount upon a showing of 20
good cause; defining terms; requiring the divisio n to 21
notify distributors in writing if their corporate 22
surety bond requirements change; providing 23
applicability; prohibiting the division from reducing 24
a bond amount under specified circumstances; 25
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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
authorizing the division to adopt rules; amending s. 26
310.0015, F.S.; deleting a provision requiring a 27
competency-based mentor program at ports; deleting a 28
requirement that the department submit an annual 29
report on the mentor program; amending s. 310.081, 30
F.S.; deleting a requirement that the department 31
consider certain characteristics for applicants for 32
certification as a deputy pilot; making technical 33
changes; creating s. 399.18, F.S.; requiring certain 34
persons or entities certified or registered under the 35
Elevator Safety Act, or applying for such 36
certifications or registrations, to create and 37
maintain an online account with the department's 38
Division of Hotels and Restaurants and provide an e -39
mail address to the division; requiring such persons 40
and entities to maintain the accuracy of their contact 41
information; requiring the division to adopt rules; 42
creating s. 468.519, F.S.; creating the employee 43
leasing companies licensing program under the 44
department; providing legislative intent; repealing s. 45
468.521, F.S., relating to the department's Board of 46
Employee Leasing Companies; amending s. 469.006, F.S.; 47
revising requirements for department rules governing 48
evidence of financial responsibility of applicants 49
seeking licensure as a business organization under ch. 50
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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
469, F.S.; amending s. 473.306, F.S.; requiring 51
applicants for the accountancy licensure examination 52
to create and maintain an online account with the 53
department and provide an e -mail address; requiring 54
applicants to maintain the accuracy of their contact 55
information; requiring that address changes be 56
submitted through the department's online system 57
within a specified timeframe; conforming cross -58
references; amending s. 473.308, F.S.; requiring a 59
person seeking licensure as a Florida certified public 60
accountant, or a firm seeking to engage in public 61
accountancy, to create and maintain an online account 62
with the department and provide an e -mail address; 63
requiring certified public accountants and accounting 64
firms to maintain the accuracy of their contact 65
information; requiring that address changes be 66
submitted through the department's online system 67
within a specified timeframe; amending s. 475.181, 68
F.S.; revising conditions regarding issuance of a 69
licensure under part I of ch. 475, F.S.; amending s. 70
476.114, F.S.; revising eligibility requirements for 71
licensure as a barber; making technical changes; 72
amending s. 477.019, F.S.; revising eligibility 73
requirements for licensure by examination to practice 74
cosmetology; amending s. 489.131, F.S.; revising the 75
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types of penalties that may be recommended by a local 76
jurisdiction enforcement body against a contractor; 77
specifying requirements for any such recommended 78
penalties; amending s. 489.143, F.S.; revising payment 79
limitations for payments made from the department's 80
Florida Homeowners' Construction Recovery Fund; 81
amending s. 499.012, F.S.; revising requirements for 82
certification as a designated representative of a 83
prescription drug wholesale distributor; amending s. 84
561.17, F.S.; requiring persons or entities licensed 85
or permitted by the Division of Alcoholic Beverages 86
and Tobacco, or applying for such license or permit, 87
to create and maintain an account with the division's 88
online system; specifying application requirements; 89
prohibiting the division from processing applications 90
not submitted through the online system; creating ss. 91
569.00256 and 569.3156, F.S.; requiring certain 92
persons or entities licensed or permitted by the 93
division, or applying for such a license or permit, to 94
create and maintain an account with the division's 95
online system; requiring licensees, permittees, and 96
applicants to provide the division with an e -mail 97
address and maintain accurate contact information; 98
specifying application requirements; prohibiting the 99
division from processing applications not submitted 100
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through the online system; amending s. 723.061, F.S .; 101
conforming provisions to changes made by the act; 102
replacing the Florida Mobile Home Relocation 103
Corporation with the Division of Florida Condominiums, 104
Timeshares, and Mobile Homes with regard to a 105
specified notice; repealing s. 723.0611, F.S., 106
relating to the Florida Mobile Home Relocation 107
Corporation; amending s. 723.06115, F.S.; replacing 108
the Florida Mobile Home Relocation Corporation with 109
the Division of Florida Condominiums, Timeshares, and 110
Mobile Homes as the manager and administrator of the 111
Florida Mobile Home Relocation Trust Fund; revising 112
the uses of the trust fund; making conforming changes; 113
amending s. 723.06116, F.S.; replacing the Florida 114
Mobile Home Relocation Corporation with the Division 115
of Florida Condominiums, Timeshares, and Mobile Homes 116
with regard to payments made from mobile home park 117
owners to the Florida Mobile Home Relocation Trust 118
Fund; amending s. 723.0612, F.S.; replacing the 119
Florida Mobile Home Relocation Corporation with the 120
Division of Florida Condominiums, Timeshares, and 121
Mobile Homes with regard to relocation expenses to be 122
paid to mobile home owners from the Florida Mobile 123
Home Relocation Trust Fund; making technical changes; 124
conforming a cross-reference; amending ss. 20.165, 125
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210.16, 212.08, 440.02, 448.26, 468.520, 468.522, 126
468.524, 468.5245, 468.525, 468.526, 468.527, 127
468.5275, 468.529, 468.530, 468.531, 468.532, 476.144, 128
and 627.192, F.S.; conforming cross -references and 129
provisions to changes made by the act; reenacting ss. 130
48.184(1), 723.004(5), 723.031(9), 723.032(1), an d 131
723.085(2), F.S., relating to service of process for 132
the removal of unknown parties in possession of mobile 133
homes, legislative intent, mobile home lot rental 134
agreements, prohibited or unenforceable provisions in 135
mobile home lot rental agreements, and the rights of 136
lienholders on mobile homes in rental mobile home 137
parks, respectively, to incorporate the amendment made 138
in s. 723.061, F.S., in references thereto; reenacting 139
s. 320.08015(1), F.S., relating to license tax 140
surcharges, to incorporate the amendme nt made in s. 141
723.06115, F.S., in a reference thereto; providing an 142
appropriation; providing an effective date. 143
144
Be It Enacted by the Legislature of the State of Florida: 145
146
Section 1. Present paragraphs (a) through (h) of 147
subsection (1) of section 210.15, Florida Statutes, are 148
redesignated as paragraphs (b) through (i), respectively, and a 149
new paragraph (a) is added to that subsection, to read: 150
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210.15 Permits.— 151
(1) 152
(a) A person or an entity licensed or permitted by the 153
division, or applying fo r a license or a permit, must create and 154
maintain an account with the division's online system and 155
provide an e-mail address to the division to function as the 156
primary means of contact for all communication by the division 157
to the licensee, permittee, or ap plicant. Licensees, permittees, 158
and applicants are responsible for maintaining accurate contact 159
information on file with the division. A person or an entity 160
seeking a license or permit under this part must apply using 161
forms furnished by the division which are filed through the 162
division's online system before commencing operations. The 163
division may not process an application for a license or permit 164
issued by the division under this part unless the application is 165
submitted through the division's online system . 166
Section 2. Section 210.32, Florida Statutes, is created to 167
read: 168
210.32 Account; online system. —A person or an entity 169
licensed or permitted by the division, or applying for a license 170
or a permit, must create and maintain an account with the 171
division's online system and provide an e -mail address to the 172
division to function as the primary means of contact for all 173
communication by the division to the licensee, permittee, or 174
applicant. Licensees, permittees, and applicants are responsible 175
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for maintaining accurate contact information on file with the 176
division. A person or an entity seeking a license or a permit 177
under this part must apply using forms furnished by the division 178
which are filed through the division's online system before 179
commencing operations . The division may not process an 180
application for a license or permit issued by the division under 181
this part unless the application is submitted through the 182
division's online system. 183
Section 3. Section 210.40, Florida Statutes, is amended to 184
read: 185
210.40 License fees; surety bond; application for each 186
place of business.— 187
(1) Each application for a distributor's license must 188
shall be accompanied by a fee of $25. The application must shall 189
also be accompanied by a corporate surety bond issued by a 190
surety company authorized to do business in this state, 191
conditioned for the payment when due of all taxes, penalties, 192
and accrued interest which may be due the state. The initial 193
corporate surety bond shall be in the sum of $25,000 $1,000 and 194
in a form prescribed by the division. 195
(a) The division shall review the amount of a corporate 196
surety bond on a semiannual basis to ensure that the bond amount 197
is adequate to protect the state. 198
(b) The division may increase the corporate surety bond 199
amount before renewing a distributor's license or after 200
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completing its semiannual review of the bond amount. 201
(c) The corporate surety bond amount may be increased to 202
the sum of the distributor's highest month of final audited tax 203
liabilities, penalties, and accrued interes t which are due to 204
the state. 205
(2) A corporate surety bond, with the sum determined by 206
the division in accordance with paragraph (1)(c), is required 207
for renewal of a distributor's license. 208
(3) The division may prescribe by rule increases in the 209
corporate surety bond amounts required as a condition of 210
licensure. 211
(4)(a) The division may reduce the amount of a corporate 212
surety bond upon a distributor's showing of good cause. For 213
purposes of this subsection, the term: 214
1. "Fully resolved" means th at criminal or administrative 215
charges or investigations have been definitively closed or 216
dismissed, have resulted in an acquittal, or have otherwise 217
ended in such a manner that no further legal or administrative 218
actions relating to charges or investigation s are pending 219
against a licensee under applicable laws, rules, or regulations. 220
2. "Good cause" means a consistent pattern of responsible 221
financial behavior by the distributor over a period of at least 222
the preceding 4 years, and having the sum of the dist ributor's 223
final audited tax liabilities, penalties, and interest be less 224
than the amount of the distributor's corporate surety bond for 225
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every month for a period of at least the preceding 4 years. 226
3. "Responsible financial behavior" includes the timely 227
and complete reporting and payment of all tax liabilities, 228
penalties, and accrued interest due to the state for a period of 229
at least the preceding 4 years. 230
(b) The division may not reduce a corporate surety bond 231
amount when a licensee: 232
1. Is in default of any tax liabilities, penalties, or 233
interest due to the state; 234
2. Is the subject of a pending criminal prosecution in any 235
jurisdiction until such prosecution has been fully resolved; 236
3. Has pending administrative charges brought by an 237
authorized regulatory body or agency which have not been fully 238
resolved in accordance with applicable rules and procedures; or 239
4. Is under investigation by any administrative body or 240
agency for potential criminal violations until any such 241
investigation is completed and the findings of the investigation 242
have been fully resolved in accordance with applicable law. 243
(5) The division shall notify a distributor in writing of 244
any change in the distributor's corporate surety bond 245
requirements by the date on which the distributo r's audited tax 246
assessments become final. 247
(6) The provisions of this section governing corporate 248
surety bonds are not subject to s. 120.60 Whenever it is the 249
opinion of the division that the bond given by a licensee is 250
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inadequate in amount to fully prote ct the state, the division 251
shall require an additional bond in such amount as is deemed 252
sufficient. 253
(7) A separate application for a license must shall be 254
made for each place of business at which a distributor proposes 255
to engage in business as a distribu tor under this part, but an 256
applicant may provide one corporate surety bond in an amount 257
determined by the division for all applications made by the 258
distributor consistent with the requirements of this section . 259
(8) The division may adopt rules to adminis ter this 260
section. 261
Section 4. Paragraph (d) of subsection (3) of section 262
310.0015, Florida Statutes, is amended to read: 263
310.0015 Piloting regulation; general provisions. — 264
(3) The rate-setting process, the issuance of licenses 265
only in numbers deemed necessary or prudent by the board, and 266
other aspects of the economic regulation of piloting established 267
in this chapter are intended to protect the public from the 268
adverse effects of unrestricted competition which would result 269
from an unlimited number of licensed pilots being allowed to 270
market their services on the basis of lower prices rather than 271
safety concerns. This system of regulation benefits and protects 272
the public interest by maximizing safety, avoiding uneconomic 273
duplication of capital expenses a nd facilities, and enhancing 274
state regulatory oversight. The system seeks to provide pilots 275
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with reasonable revenues, taking into consideration the normal 276
uncertainties of vessel traffic and port usage, sufficient to 277
maintain reliable, stable piloting oper ations. Pilots have 278
certain restrictions and obligations under this system, 279
including, but not limited to, the following: 280
(d)1. The pilot or pilots in a port shall train and 281
compensate all member deputy pilots in that port. Failure to 282
train or compensate such deputy pilots constitutes shall 283
constitute a ground for disciplinary action under s. 310.101. 284
Nothing in this subsection may shall be deemed to create an 285
agency or employment relationship between a pilot or deputy 286
pilot and the pilot or pilots in a port. 287
2. The pilot or pilots in a port shall establish a 288
competency-based mentor program by which minority persons as 289
defined in s. 288.703 may acquire the skills for the 290
professional preparation and education competency requirements 291
of a licensed state pilot or certificated deputy pilot. The 292
department shall provide the Governor, the President of the 293
Senate, and the Speaker of the House of Representatives with a 294
report each year on the number of minority persons as defined in 295
s. 288.703 who have participated in each mentor program, who are 296
licensed state pilots or certificated deputy pilots, and who 297
have applied for state pilot licensure or deputy pilot 298
certification. 299
Section 5. Subsection (2) of section 310.081, Florida 300
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Statutes, is amended to read: 301
310.081 Department to examine and license state pilots and 302
certificate deputy pilots; vacancies. — 303
(2) The department shall similarly examine persons who 304
file applications for certificate as deputy pilot, and, if upon 305
examination to determine proficiency the department finds them 306
qualified, the department must shall certify as qualified all 307
applicants who pass the examination, provided t hat not more than 308
five persons who passed the examination are certified for each 309
declared opening. If more than five applicants per opening pass 310
the examination, the persons having the highest scores must 311
shall be certified as qualified up to the number of openings 312
times five. The department shall give consideration to the 313
minority and female status of applicants when qualifying deputy 314
pilots, in the interest of ensuring diversification within the 315
state piloting profession. The department shall appoint and 316
certificate such number of deputy pilots from those applicants 317
deemed qualified as in the discretion of the board are required 318
in the respective ports of the state. A deputy pilot shall be 319
authorized by the department to pilot vessels within the limits 320
and specifications established by the licensed state pilots at 321
the port where the deputy is appointed to serve. 322
Section 6. Section 399.18, Florida Statutes, is created to 323
read: 324
399.18 Online services account. — 325
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(1) A certified elevator inspector, certi fied elevator 326
technician, or registered elevator company; a person or entity 327
seeking to become certified or registered as such; a person who 328
has been issued an elevator certificate of competency; a person 329
who is seeking such certificate; a person or entity who has been 330
issued an elevator certificate of operation; and a person or 331
entity who is seeking such a certificate must create and 332
maintain an online account with the division and provide an e -333
mail address to the division to function as the primary means of 334
contact for all communication from the division. Each person or 335
entity is responsible for maintaining accurate contact 336
information on file with the division. 337
(2) The division shall adopt rules to implement this 338
section. 339
Section 7. Section 468.519, Florida Statutes, is created, 340
and incorporated into part XI of chapter 468, Florida Statutes, 341
to read: 342
468.519 Employee leasing companies licensing program; 343
purpose.— 344
(1) There is created within the department the employee 345
leasing companies licensing program. 346
(2) The Legislature finds it necessary in the interest of 347
the public safety and welfare to ensure that consumers of 348
employee leasing companies can rely on the competence and 349
integrity of such companies through the licensing requirements 350
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of this part. 351
Section 8. Section 468.521, Florida Statutes, is repealed. 352
Section 9. Paragraph (c) of subsection (2) of section 353
469.006, Florida Statutes, is amended to read: 354
469.006 Licensure of business organizations; qualifying 355
agents.— 356
(2) 357
(c) As a prerequisite to the issuance of a license under 358
this section, the applicant shall submit the following: 359
1. An affidavit on a form provided by the department 360
attesting that the applicant has obtained workers' compensation 361
insurance as required by chapter 440, public liability 362
insurance, and property damage insurance, in amounts determined 363
by department rule. The department shall establish by rule a 364
procedure to verify the accuracy of such affidavits based upon a 365
random sample method. 366
2. Evidence of fina ncial responsibility. The department 367
shall adopt rules to determine financial responsibility which 368
must shall specify grounds on which the department may deny 369
licensure. Such criteria must shall include, but is not be 370
limited to, credit history and limits of bondability and credit . 371
Section 10. Section 473.306, Florida Statutes, is amended 372
to read: 373
473.306 Examinations. — 374
(1) A person desiring to be licensed as a Florida 375
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certified public accountant shall apply to the department to 376
take the licensure e xamination. 377
(2) A person applying to the department to take the 378
licensure examination must create and maintain an online account 379
with the department and provide an e -mail address to function as 380
the primary means of contact for all communication to the 381
applicant from the department. Each applicant is responsible for 382
maintaining accurate contact information on file with the 383
department and must submit any change in the applicant's e -mail 384
address or home address within 30 days after the change. All 385
changes must be submitted through the department's online 386
system. 387
(3) An applicant is entitled to take the licensure 388
examination to practice in this state as a certified public 389
accountant if: 390
(a) The applicant has completed 120 semester hours or 180 391
quarter hours from an accredited college or university with a 392
concentration in accounting and business courses as specified by 393
the board by rule; and 394
(b) The applicant shows that she or he has good moral 395
character. For purposes of this paragraph, the term "good mora l 396
character" has the same meaning as provided in s. 473.308(7)(a) 397
s. 473.308(6)(a). The board may refuse to allow an applicant to 398
take the licensure examination for failure to satisfy this 399
requirement if: 400
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1. The board finds a reasonable relationship betw een the 401
lack of good moral character of the applicant and the 402
professional responsibilities of a certified public accountant; 403
and 404
2. The finding by the board of lack of good moral 405
character is supported by competent substantial evidence. 406
407
If an applicant is found pursuant to this paragraph to be 408
unqualified to take the licensure examination because of a lack 409
of good moral character, the board shall furnish to the 410
applicant a statement containing the findings of the board, a 411
complete record of the evidence upon which the determination was 412
based, and a notice of the rights of the applicant to a 413
rehearing and appeal. 414
(4)(3) The board shall have the authority to establish the 415
standards for determining and shall determine: 416
(a) What constitutes a passing gra de for each subject or 417
part of the licensure examination; 418
(b) Which educational institutions, in addition to the 419
universities in the State University System of Florida, shall be 420
deemed to be accredited colleges or universities; 421
(c) What courses and num ber of hours constitute a major in 422
accounting; and 423
(d) What courses and number of hours constitute additional 424
accounting courses acceptable under s. 473.308(4) s. 473.308(3). 425
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(5)(4) The board may adopt an alternative licensure 426
examination for persons w ho have been licensed to practice 427
public accountancy or its equivalent in a foreign country so 428
long as the International Qualifications Appraisal Board of the 429
National Association of State Boards of Accountancy has ratified 430
an agreement with that country f or reciprocal licensure. 431
(6)(5) For the purposes of maintaining the proper 432
educational qualifications for licensure under this chapter, the 433
board may appoint an Educational Advisory Committee, which shall 434
be composed of one member of the board, two perso ns in public 435
practice who are licensed under this chapter, and four 436
academicians on faculties of universities in this state. 437
Section 11. Present subsections (3) through (9) of section 438
473.308, Florida Statutes, are redesignated as subsections (4) 439
through (10), respectively, a new subsection (3) is added to 440
that section, and subsection (2), paragraph (b) of present 441
subsection (4), and present subsection (8) of that section are 442
amended, to read: 443
473.308 Licensure.— 444
(2) The board shall certify for licensure any applicant 445
who successfully passes the licensure examination and satisfies 446
the requirements of subsections (4), (5), and (6) (3), (4), and 447
(5), and shall certify for licensure any firm that satisfies the 448
requirements of ss. 473.309 and 473.3101. The board may refuse 449
to certify any applicant or firm that has violated any of the 450
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provisions of s. 473.322. 451
(3) A person desiring to be licensed as a Florida 452
certified public accountant or a firm desiring to engage in the 453
practice of public accounting must create and maintain an online 454
account with the department and provide an e -mail address to 455
function as the primary means of contact for all communication 456
from the department. Certified public accountants and firms ar e 457
responsible for maintaining accurate contact information on file 458
with the department and must submit any change in an e -mail 459
address or street address within 30 days after the change. All 460
changes must be submitted through the department's online 461
system. 462
(5)(4) 463
(b) However, an applicant who completed the requirements 464
of subsection (4) (3) on or before December 31, 2008, and who 465
passes the licensure examination on or before June 30, 2010, is 466
exempt from the requirements of this subsection. 467
(9)(8) If the applicant has at least 5 years of experience 468
in the practice of public accountancy in the United States or in 469
the practice of public accountancy or its equivalent in a 470
foreign country that the International Qualifications Appraisal 471
Board of the National Association of State Boards of Accountancy 472
has determined has licensure standards that are substantially 473
equivalent to those in the United States, or has at least 5 474
years of work experience that meets the requirements of 475
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subsection (5) (4), the board must shall waive the requirements 476
of subsection (4) (3) which are in excess of a baccalaureate 477
degree. All experience that is used as a basis for waiving the 478
requirements of subsection (4) (3) must be while licensed as a 479
certified public accountant by another s tate or territory of the 480
United States or while licensed in the practice of public 481
accountancy or its equivalent in a foreign country that the 482
International Qualifications Appraisal Board of the National 483
Association of State Boards of Accountancy has deter mined has 484
licensure standards that are substantially equivalent to those 485
in the United States. The board shall have the authority to 486
establish the standards for experience that meet this 487
requirement. 488
Section 12. Subsection (2) of section 475.181, Flori da 489
Statutes, is amended to read: 490
475.181 Licensure.— 491
(2) The commission shall certify for licensure any 492
applicant who satisfies the requirements of ss. 475.17, 475.175, 493
and 475.180. The commission may refuse to certify any applicant 494
who has violated any of the provisions of s. 475.42 or who is 495
subject to discipline under s. 475.25. The application shall 496
expire 2 years after the date received if the applicant does not 497
pass the appropriate examination. Additionally, if an applicant 498
does not pass the licen sing examination within 2 years after the 499
successful course completion date, the applicant's successful 500
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course completion is invalid for licensure. 501
Section 13. Subsections (2) and (3) of section 476.114, 502
Florida Statutes, are amended to read: 503
476.114 Examination; prerequisites. — 504
(2) An applicant is shall be eligible for licensure by 505
examination to practice barbering if the applicant: 506
(a) Is at least 16 years of age; 507
(b) Pays the required application fee; and 508
(c)1. Holds an active valid license to practice barbering 509
in another state, has held the license for at least 1 year, and 510
does not qualify for licensure by endorsement as provided for in 511
s. 476.144(5); or 512
2. Has received a minimum of 900 hours of training in 513
sanitation, safety, and laws a nd rules, as established by the 514
board, which must shall include, but is shall not be limited to, 515
the equivalent of completion of services directly related to the 516
practice of barbering at one of the following: 517
1.a. A school of barbering licensed pursuant to chapter 518
1005; 519
2.b. A barbering program within the public school system; 520
or 521
3.c. A government-operated barbering program in this 522
state. 523
524
The board shall establish by rule procedures whereby the school 525
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or program may certify that a person is qualified to take the 526
required examination after the completion of a minimum of 600 527
actual school hours. If the person passes the examination, she 528
or he has shall have satisfied this requirement; but if the 529
person fails the examination, she or he may shall not be 530
qualified to take the examination again until the completion of 531
the full requirements provided by this section. 532
(3) An applicant who meets the requirements set forth in 533
paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass 534
the examination may t ake subsequent examinations as many times 535
as necessary to pass, except that the board may specify by rule 536
reasonable timeframes for rescheduling the examination and 537
additional training requirements for applicants who, after the 538
third attempt, fail to pass the examination. Prior to 539
reexamination, the applicant must file the appropriate form and 540
pay the reexamination fee as required by rule. 541
Section 14. Subsection (2) of section 477.019, Florida 542
Statutes, is amended to read: 543
477.019 Cosmetologists; qual ifications; licensure; 544
supervised practice; license renewal; endorsement; continuing 545
education.— 546
(2) An applicant is shall be eligible for licensure by 547
examination to practice cosmetology if the applicant: 548
(a) Is at least 16 years of age or has receive d a high 549
school diploma; 550
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(b) Pays the required application fee, which is not 551
refundable, and the required examination fee, which is 552
refundable if the applicant is determined to not be eligible for 553
licensure for any reason other than failure to successful ly 554
complete the licensure examination; and 555
(c)1. Is authorized to practice cosmetology in another 556
state or country, has been so authorized for at least 1 year, 557
and does not qualify for licensure by endorsement as provided 558
for in subsection (5); or 559
2. Has received a minimum of 1,200 hours of training as 560
established by the board, which must shall include, but is shall 561
not be limited to, the equivalent of completion of services 562
directly related to the practice of cosmetology at one of the 563
following: 564
1.a. A school of cosmetology licensed pursuant to chapter 565
1005. 566
2.b. A cosmetology program within the public school 567
system. 568
3.c. The Cosmetology Division of the Florida School for 569
the Deaf and the Blind, provided the division meets the 570
standards of this chapter. 571
4.d. A government-operated cosmetology program in this 572
state. 573
574
The board shall establish by rule procedures whereby the school 575
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or program may certify that a person is qualified to take the 576
required examination after the completion of a minimum of 1,000 577
actual school hours. If the person then passes the examination, 578
he or she has shall have satisfied this requirement; but if the 579
person fails the examination, he or she may shall not be 580
qualified to take the examination again until the completion of 581
the full requirements provided by this section. 582
Section 15. Paragraph (c) of subsection (7) of section 583
489.131, Florida Statutes, is amended to read: 584
489.131 Applicability. — 585
(7) 586
(c) In addition to any action the local jurisdiction 587
enforcement body may take against the individual's local 588
license, and any fine the local jurisdiction may impose, the 589
local jurisdiction enforcement body shall issue a recommended 590
penalty for board action. This recommended penalty may include a 591
recommendation for no further action, or a recommendation for 592
suspension, restitution, revocation, or restriction of the 593
registration, or a fine to be levied by the board, or a 594
combination thereof. The recommended penalty must specify the 595
violations of this chapter upon which the recommendation is 596
based. The local jurisdiction enforcement body shall info rm the 597
disciplined contractor and the complainant of the local license 598
penalty imposed, the board penalty recommended, his or her 599
rights to appeal, and the consequences should he or she decide 600
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not to appeal. The local jurisdiction enforcement body shall, 601
upon having reached adjudication or having accepted a plea of 602
nolo contendere, immediately inform the board of its action and 603
the recommended board penalty. 604
Section 16. Subsections (3) and (6) of section 489.143, 605
Florida Statutes, are amended to read: 606
489.143 Payment from the fund. — 607
(3) Beginning January 1, 2005, for each Division I 608
contract entered into after July 1, 2004, payment from the 609
recovery fund is subject to a $50,000 maximum payment for each 610
Division I claim. Beginning January 1, 2017, for each Division 611
II contract entered into on or after July 1, 2016, payment from 612
the recovery fund is subject to a $15,000 maximum payment for 613
each Division II claim. Beginning January 1, 2025, for Division 614
I and Division II contracts entered into on or afte r July 1, 615
2024, payment from the recovery fund is subject to a $100,000 616
maximum payment for each Division I claim and a $30,000 maximum 617
payment for each Division II claim. 618
(6) For contracts entered into before July 1, 2004, 619
payments for claims against an y one licensee may not exceed, in 620
the aggregate, $100,000 annually, up to a total aggregate of 621
$250,000. For any claim approved by the board which is in excess 622
of the annual cap, the amount in excess of $100,000 up to the 623
total aggregate cap of $250,000 is eligible for payment in the 624
next and succeeding fiscal years, but only after all claims for 625
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the then-current calendar year have been paid. Payments may not 626
exceed the aggregate annual or per claimant limits under law. 627
Beginning January 1, 2005, for each D ivision I contract entered 628
into after July 1, 2004, payment from the recovery fund is 629
subject only to a total aggregate cap of $500,000 for each 630
Division I licensee. Beginning January 1, 2017, for each 631
Division II contract entered into on or after July 1, 2016, 632
payment from the recovery fund is subject only to a total 633
aggregate cap of $150,000 for each Division II licensee. 634
Beginning January 1, 2025, for Division I and Division II 635
contracts entered into on or after July 1, 2024, payment from 636
the recovery fund is subject only to a total aggregate cap of $2 637
million for each Division I licensee and $600,000 for each 638
Division II licensee. 639
Section 17. Paragraph (b) of subsection (15) of section 640
499.012, Florida Statutes, is amended to read: 641
499.012 Permit application requirements. — 642
(15) 643
(b) To be certified as a designated representative, a 644
natural person must: 645
1. Submit an application on a form furnished by the 646
department and pay the appropriate fees. 647
2. Be at least 18 years of age. 648
3. Have at least 2 years of verifiable full -time: 649
a. Work experience in a pharmacy licensed in this state or 650
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another state, where the person's responsibilities included, but 651
were not limited to, recordkeeping for prescription drugs; 652
b. Managerial experience with a pre scription drug 653
wholesale distributor licensed in this state or in another 654
state; or 655
c. Managerial experience with the United States Armed 656
Forces, where the person's responsibilities included, but were 657
not limited to, recordkeeping, warehousing, distribut ing, or 658
other logistics services pertaining to prescription drugs ; 659
d. Managerial experience with a state or federal 660
organization responsible for regulating or permitting 661
establishments involved in the distribution of prescription 662
drugs, whether in an adm inistrative or a sworn law enforcement 663
capacity; or 664
e. Work experience as a drug inspector or investigator 665
with a state or federal organization, whether in an 666
administrative or a sworn law enforcement capacity, where the 667
person's responsibilities related primarily to compliance with 668
state or federal requirements pertaining to the distribution of 669
prescription drugs. 670
4. Receive a passing score of at least 75 percent on an 671
examination given by the department regarding federal laws 672
governing distribution of prescription drugs and this part and 673
the rules adopted by the department governing the wholesale 674
distribution of prescription drugs. This requirement shall be 675
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effective 1 year after the results of the initial examination 676
are mailed to the persons that too k the examination. The 677
department shall offer such examinations at least four times 678
each calendar year. 679
5. Provide the department with a personal information 680
statement and fingerprints pursuant to subsection (9). 681
Section 18. Subsection (5) of section 561.17, Florida 682
Statutes, is amended to read: 683
561.17 License and registration applications; approved 684
person.— 685
(5) Any person or entity licensed or permitted by the 686
division, or applying for a license or permit, must create and 687
maintain an account with the division's online system and 688
provide an e-mail electronic mail address to the division to 689
function as the primary means of contact for all communication 690
by the division to the licensee , or permittee, or applicant. 691
Licensees, and permittees, and applicants are responsible for 692
maintaining accurate contact information on file with the 693
division. A person or an entity seeking a license or permit from 694
the division must apply using forms prepared by the division and 695
filed through the division's online system before engaging in 696
any business for which a license or permit is required. The 697
division may not process an application for an alcoholic 698
beverage license unless the application is submitted through the 699
division's online system. 700
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Section 19. Section 569.0 0256, Florida Statutes, is 701
created to read: 702
569.00256 Account; online system. —A person or an entity 703
licensed or permitted by the division under this part, or 704
applying for a license or a permit, must create and maintain an 705
account with the division's onli ne system and provide an e -mail 706
address to the division to function as the primary means of 707
contact for all communication by the division to the licensee, 708
permittee, or applicant. Licensees, permittees, and applicants 709
are responsible for maintaining accura te contact information 710
with the division. A person or an entity seeking a license or 711
permit from the division must apply using forms prepared by the 712
division and filed through the division's online system before 713
engaging in any business for which a license or permit is 714
required. The division may not process an application to deal, 715
at retail, in tobacco products unless the application is 716
submitted through the division's online system. 717
Section 20. Section 569.3156, Florida Statutes, is created 718
to read: 719
569.3156 Account; online system. —A person or an entity 720
licensed or permitted by the division under this part, or 721
applying for a license or a permit, must create and maintain an 722
account with the division's online system and provide an e -mail 723
address to the division to function as the primary means of 724
contact for all communication by the division to the licensee, 725
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permittee, or applicant. Licensees, permittees, and applicants 726
are responsible for maintaining accurate contact information 727
with the division. A per son or an entity seeking a license or 728
permit from the division must apply using forms prepared by the 729
division and filed through the division's online system before 730
engaging in any business for which a license or permit is 731
required. The division may not pr ocess an application to deal, 732
at retail, in nicotine products unless the application is 733
submitted through the division's online system. 734
Section 21. Paragraph (d) of subsection (1) of section 735
723.061, Florida Statutes, is amended to read: 736
723.061 Eviction; grounds, proceedings. — 737
(1) A mobile home park owner may evict a mobile home 738
owner, a mobile home tenant, a mobile home occupant, or a mobile 739
home only on one or more of the following grounds: 740
(d) Change in use of the land comprising the mobile ho me 741
park, or the portion thereof from which mobile homes are to be 742
evicted, from mobile home lot rentals to some other use, if: 743
1. The park owner gives written notice to the homeowners' 744
association formed and operating under ss. 723.075 -723.079 of 745
its right to purchase the mobile home park, if the land 746
comprising the mobile home park is changing use from mobile home 747
lot rentals to a different use, at the price and under the terms 748
and conditions set forth in the written notice. 749
a. The notice shall be deli vered to the officers of the 750
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homeowners' association by United States mail. Within 45 days 751
after the date of mailing of the notice, the homeowners' 752
association may execute and deliver a contract to the park owner 753
to purchase the mobile home park at the pri ce and under the 754
terms and conditions set forth in the notice. If the contract 755
between the park owner and the homeowners' association is not 756
executed and delivered to the park owner within the 45 -day 757
period, the park owner is under no further obligation to the 758
homeowners' association except as provided in sub -subparagraph 759
b. 760
b. If the park owner elects to offer or sell the mobile 761
home park at a price lower than the price specified in her or 762
his initial notice to the officers of the homeowners' 763
association, the homeowners' association has an additional 10 764
days to meet the revised price, terms, and conditions of the 765
park owner by executing and delivering a revised contract to the 766
park owner. 767
c. The park owner is not obligated under this subparagraph 768
or s. 723.071 to give any other notice to, or to further 769
negotiate with, the homeowners' association for the sale of the 770
mobile home park to the homeowners' association after 6 months 771
after the date of the mailing of the initial notice under sub -772
subparagraph a. 773
2. The park owner gives the affected mobile home owners 774
and tenants at least 6 months' notice of the eviction due to the 775
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projected change in use and of their need to secure other 776
accommodations. Within 20 days after giving an eviction notice 777
to a mobile home owner, the park owner must provide the division 778
with a copy of the notice. The division must provide the 779
executive director of the Florida Mobile Home Relocation 780
Corporation with a copy of the notice. 781
a. The notice of eviction due to a change in use of the 782
land must include in a font no smaller than the body of the 783
notice the following statement: 784
785
YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA 786
MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE 787
DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBIL E HOMES 788
FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC) . 789
DIVISION FMHRC CONTACT INFORMATION IS AVAILABLE FROM 790
THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL 791
REGULATION. 792
793
b. The park owner may not give a notice of increase in lot 794
rental amount within 90 days before giving notice of a change in 795
use. 796
Section 22. Section 723.0611, Florida Statutes, is 797
repealed. 798
Section 23. Section 723.06115, Florida Statutes, is 799
amended to read: 800
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723.06115 Florida Mobile Home Relocation Trust Fund. — 801
(1) The Florida Mobile Home Relocation Trust Fund is 802
established within the Department of Business and Professional 803
Regulation. The trust fund is to be used to fund the 804
administration and operations of the Division of Florida 805
Condominiums, Timeshares, and Mobile Homes Florida Mobile Home 806
Relocation Corporation . All interest earned from the investment 807
or deposit of moneys in the trust fund shall be deposited in the 808
trust fund. The trust fund shall be funded from moneys collected 809
by the division corporation from mobile home park owners under 810
s. 723.06116, the surcharge collected by the department under s. 811
723.007(2), the surcharge collected by the Department of Highway 812
Safety and Motor Vehicles, and from other appropriated funds. 813
(2) Moneys in the Florida Mobile Ho me Relocation Trust 814
Fund may be expended only: 815
(a) To pay the administration costs of the division 816
Florida Mobile Home Relocation Corporation ; and 817
(b) To carry out the purposes and objectives of the 818
division corporation by making payments to mobile home owners 819
under the relocation program. 820
(3) The department shall distribute moneys in the Florida 821
Mobile Home Relocation Trust Fund to the division Florida Mobile 822
Home Relocation Corporation in accordance with the followin g: 823
(a) Before the beginning of each fiscal year, the division 824
corporation shall submit its annual operating budget, as 825
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approved by the division corporation board, for the fiscal year 826
and set forth that amount to the department in writing. One -827
fourth of the operating budget shall be transferred to the 828
division corporation each quarter. The department shall make the 829
first one-fourth quarter transfer on the first bus iness day of 830
the fiscal year and make the remaining one -fourth quarter 831
transfers before the second business day of the second, third, 832
and fourth quarters. The division corporation board may approve 833
changes to the operational budget for a fiscal year by pro viding 834
written notification of such changes to the department. The 835
written notification must indicate the changes to the 836
operational budget and the conditions that were unforeseen at 837
the time the division corporation developed the operational 838
budget and why the changes are essential in order to continue 839
operation of the division corporation. 840
(b) The division corporation shall periodically submit 841
requests to the department for the transfer of funds to the 842
division corporation needed to make payments to mob ile home 843
owners under the relocation program. Requests must include 844
documentation indicating the amount of funds needed, the name 845
and location of the mobile home park, the number of approved 846
applications for moving expenses or abandonment allowance, and 847
summary information specifying the number and type, single -848
section or multisection, of homes moved or abandoned. The 849
department shall process requests that include such 850
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documentation, subject to the availability of sufficient funds 851
within the trust fund, wit hin 5 business days after receipt of 852
the request. Transfer requests may be submitted electronically. 853
(c) Funds transferred from the trust fund to the division 854
corporation shall be transferred electronically and shall be 855
transferred to and maintained in a qualified public depository 856
as defined in s. 280.02 which is specified by the division 857
corporation. 858
(4) Other than the requirements specified under this 859
section, neither the division corporation nor the department is 860
required to take any other action as a prerequisite to 861
accomplishing the provisions of this section. 862
(5) This section does not preclude department inspection 863
of division corporation records 5 business days after receipt of 864
written notice. 865
Section 24. Section 723.06116, Florida Statutes , is 866
amended to read: 867
723.06116 Payments to the Division of Florida 868
Condominiums, Timeshares, and Mobile Homes Mobile Home 869
Relocation Corporation .— 870
(1) If a mobile home owner is required to move due to a 871
change in use of the land comprising a mobile ho me park as set 872
forth in s. 723.061(1)(d), the mobile home park owner shall, 873
upon such change in use, pay to the Division of Florida 874
Condominiums, Timeshares, and Mobile Homes Mobile Home 875
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Relocation Corporation for deposit in the Florida Mobile Home 876
Relocation Trust Fund $2,750 for each single -section mobile home 877
and $3,750 for each multisection mobile home for which a mobile 878
home owner has made application for payment of moving expenses. 879
The mobile home park owner shall make the payments required by 880
this section and by s. 723.0612(7) to the division corporation 881
within 30 days after receipt from the division corporation of 882
the invoice for payment. Failure to make such payment within the 883
required time period shall result in a late fee being imposed. 884
(a) If payment is not submitted within 30 days after 885
receipt of the invoice, a 10 -percent late fee shall be assessed. 886
(b) If payment is not submitted within 60 days after 887
receipt of the invoice, a 15 -percent late fee shall be assessed. 888
(c) If payment is not su bmitted within 90 days after 889
receipt of the invoice, a 20 -percent late fee shall be assessed. 890
(d) Any payment received 120 days or more after receipt of 891
the invoice shall include a 25 -percent late fee. 892
(2) A mobile home park owner is not required to ma ke the 893
payment prescribed in subsection (1), nor is the mobile home 894
owner entitled to compensation under s. 723.0612(1), when: 895
(a) The mobile home park owner moves a mobile home owner 896
to another space in the mobile home park or to another mobile 897
home park at the park owner's expense; 898
(b) A mobile home owner is vacating the premises and has 899
informed the mobile home park owner or manager before the change 900
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in use notice has been given; or 901
(c) A mobile home owner abandons the mobile home as set 902
forth in s. 723.0612(7). 903
(d) The mobile home owner has a pending eviction action 904
for nonpayment of lot rental amount pursuant to s. 723.061(1)(a) 905
which was filed against him or her prior to the mailing date of 906
the notice of change in use of the mobile home park gi ven 907
pursuant to s. 723.061(1)(d). 908
(3) This section and s. 723.0612(7) are enforceable by the 909
division corporation by action in a court of appropriate 910
jurisdiction. 911
(4) In any action brought by the division corporation to 912
collect payments assessed under this chapter, the division 913
corporation may file and maintain such action in Leon County. If 914
the division corporation is a party in any other action, venue 915
for such action shall be in Leon County. 916
Section 25. Subsections (1) through (5), (7) through (9), 917
(11), and (12) of section 723.0612, Florida Statutes, are 918
amended to read: 919
723.0612 Change in use; relocation expenses; payments by 920
park owner.— 921
(1) If a mobile home owner is required to move due to a 922
change in use of the land comprising the mobil e home park as set 923
forth in s. 723.061(1)(d) and complies with the requirements of 924
this section, the mobile home owner is entitled to payment from 925
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the Division of Florida Condominiums, Timeshares, and Mobile 926
Homes Mobile Home Relocation Corporation of: 927
(a) The amount of actual moving expenses of relocating the 928
mobile home to a new location within a 50 -mile radius of the 929
vacated park, or 930
(b) The amount of $3,000 for a single -section mobile home 931
or $6,000 for a multisection mobile home, whichever is less. 932
Moving expenses include the cost of taking down, moving, and 933
setting up the mobile home in a new location. 934
(2) A mobile home owner is not shall not be entitled to 935
compensation under subsection (1) when: 936
(a) The park owner moves a mobile home owner to another 937
space in the mobile home park or to another mobile home park at 938
the park owner's expense; 939
(b) A mobile home owner is vacating the premises and has 940
informed the park owner or manager before notice of the change 941
in use has been given; 942
(c) A mobile home owner abandons the mobile home as set 943
forth in subsection (7); or 944
(d) The mobile home owner has a pending eviction action 945
for nonpayment of lot rental amount pursuant to s. 723.061(1)(a) 946
which was filed against him or her prior to the mailing date of 947
the notice of change in use of the mobile home park given 948
pursuant to s. 723.061(1)(d). 949
(3) Except as provided in subsection (7), in order to 950
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obtain payment from the division Florida Mobile Home Relocation 951
Corporation, the mobile home owner shall submit to the division 952
corporation, with a copy to the park owner, an application for 953
payment which includes: 954
(a) A copy of the notice of eviction due to change in use; 955
and 956
(b) A contract with a moving or towing contractor for the 957
moving expenses for the mobile home. 958
(4) The division Florida Mobile Home Relocation 959
Corporation must approve payment within 45 days after receipt of 960
the information set forth in subsection (3), or payment is 961
deemed approved. A copy of the appro val must be forwarded to the 962
park owner with an invoice for payment. Upon approval, the 963
division corporation shall issue a voucher in the amount of the 964
contract price for relocating the mobile home. The moving 965
contractor may redeem the voucher from the division corporation 966
following completion of the relocation and upon approval of the 967
relocation by the mobile home owner. 968
(5) Actions of the division Florida Mobile Home Relocation 969
Corporation under this section are not subject to the provisions 970
of chapter 120 but are reviewable only by writ of certiorari in 971
the circuit court in the county in which the claimant resides in 972
the manner and within the time provided by the Florida Rules of 973
Appellate Procedure. 974
(7) In lieu of collecting payment from the division 975
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Florida Mobile Home Relocation Corporation as set forth in 976
subsection (1), a mobile home owner may abandon the mobile home 977
in the mobile home park and collect $1,375 for a single section 978
and $2,750 for a multisection from the division corporation as 979
long as the mobile home owner delivers to the park owner the 980
current title to the mobile home duly endorsed by the owner of 981
record and valid releases of all liens shown on the title. If a 982
mobile home owner chooses this option, the park owner shall make 983
payment to the division corporation in an amount equal to the 984
amount the mobile home owner is entitled to under this 985
subsection. The mobile home owner's application for funds under 986
this subsection shall require the submission of a document 987
signed by the park owner stating that the home has been 988
abandoned under this subsection and that the park owner agrees 989
to make payment to the division corporation in the amount 990
provided to the home owner under this subsection. However, in 991
the event that the required documents are not submitted with the 992
application, the division corporation may consider the facts and 993
circumstances surrounding the abandonment of the home to 994
determine whether the mobile home owner is entitled to payment 995
pursuant to this subsection. The mobile home ow ner is not 996
entitled to any compensation under this subsection if there is a 997
pending eviction action for nonpayment of lot rental amount 998
pursuant to s. 723.061(1)(a) which was filed against him or her 999
prior to the mailing date of the notice of change in the use of 1000
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the mobile home park given pursuant to s. 723.061(1)(d). 1001
(8) The division Florida Mobile Home Relocation 1002
Corporation may shall not be liable to any person for recovery 1003
if funds are insufficient to pay the amounts claimed. In any 1004
such event, the division corporation shall keep a record of the 1005
time and date of its approval of payment to a claimant. If 1006
sufficient funds become available, the division corporation must 1007
shall pay the claimant whose unpaid claim is the earliest by 1008
time and date of approva l. 1009
(9) Any person whose application for funding pursuant to 1010
subsection (1) or subsection (7) is approved for payment by the 1011
division corporation is shall be barred from asserting any claim 1012
or cause of action under this chapter directly relating to or 1013
arising out of the change in use of the mobile home park against 1014
the division corporation, the park owner, or the park owner's 1015
successors in interest. An No application for funding pursuant 1016
to subsection (1) or subsection (7) may not shall be approved by 1017
the division corporation if the applicant has filed a claim or 1018
cause of action, is actively pursuing a claim or cause of 1019
action, has settled a claim or cause of a ction, or has a 1020
judgment against the division corporation, the park owner, or 1021
the park owner's successors in interest under this chapter 1022
directly relating to or arising out of the change in use of the 1023
mobile home park, unless such claim or cause of action is 1024
dismissed with prejudice. 1025
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(11) In an action to enforce the provisions of this 1026
section and ss. 723.0611, 723.06115, and 723.06116, the 1027
prevailing party is entitled to reasonable attorney attorney's 1028
fees and costs. 1029
(12) An application to the division corporation for 1030
compensation under subsection (1) or subsection (7) must be 1031
received within 1 year after the expiration of the eviction 1032
period as established in the notice required under s. 1033
723.061(1)(d). If the applicant files a claim or cause of action 1034
that disqualifies the applicant under subsection (9) and the 1035
claim is subsequently dismissed, the application must be 1036
received within 6 months following filing of the dismissal with 1037
prejudice as required under subsection (9). However, such an 1038
applicant must apply within 2 years after the expiration of the 1039
eviction period as established in the notice required under s. 1040
723.061(1)(d). 1041
Section 26. Paragraph (a) of subsection (4) of section 1042
20.165, Florida Statutes, is amended to read: 1043
20.165 Department of Business and Professional 1044
Regulation.—There is created a Department of Business and 1045
Professional Regulation. 1046
(4)(a) The following boards and programs are established 1047
within the Division of Professions: 1048
1. Board of Architecture and Interior Design, crea ted 1049
under part I of chapter 481. 1050
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2. Florida Board of Auctioneers, created under part VI of 1051
chapter 468. 1052
3. Barbers' Board, created under chapter 476. 1053
4. Florida Building Code Administrators and Inspectors 1054
Board, created under part XII of chapter 468. 1055
5. Construction Industry Licensing Board, created under 1056
part I of chapter 489. 1057
6. Board of Cosmetology, created under chapter 477. 1058
7. Electrical Contractors' Licensing Board, created under 1059
part II of chapter 489. 1060
8. Employee leasing companies lice nsing program Board of 1061
Employee Leasing Companies , created under part XI of chapter 1062
468. 1063
9. Board of Landscape Architecture, created under part II 1064
of chapter 481. 1065
10. Board of Pilot Commissioners, created under chapter 1066
310. 1067
11. Board of Professional Engineers, created under chapter 1068
471. 1069
12. Board of Professional Geologists, created under 1070
chapter 492. 1071
13. Board of Veterinary Medicine, created under chapter 1072
474. 1073
14. Home inspection services licensing program, created 1074
under part XV of chapter 468. 1075
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15. Mold-related services licensing program, created under 1076
part XVI of chapter 468. 1077
Section 27. Subsection (2) of section 210.16, Florida 1078
Statutes, is amended to read: 1079
210.16 Revocation or suspension of permit. — 1080
(2) The division shall revoke the permit or permits of any 1081
person who would be ineligible to obtain a new license or renew 1082
a license by reason of any of the conditions for permitting 1083
provided in s. 210.15(1)(d)1.-6. s. 210.15(1)(c)1.-6. 1084
Section 28. Paragraph (uuu) of subsection (7) of section 1085
212.08, Florida Statutes, is amended to read: 1086
212.08 Sales, rental, use, consumption, distribution, and 1087
storage tax; specified exemptions. —The sale at retail, the 1088
rental, the use, the consumption, the distributi on, and the 1089
storage to be used or consumed in this state of the following 1090
are hereby specifically exempt from the tax imposed by this 1091
chapter. 1092
(7) MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 1093
entity by this chapter do not inure to any transaction that is 1094
otherwise taxable under this chapter when payment is made by a 1095
representative or employee of the entity by any means, 1096
including, but not limited to, cash, check, or credit card, even 1097
when that representative or employee is subsequently reimbursed 1098
by the entity. In addition, exemptions provided to any entity by 1099
this subsection do not inure to any transaction that is 1100
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otherwise taxable under this chapter unless the entity has 1101
obtained a sales tax exemption certificate from the department 1102
or the entity obtains or provides other documentation as 1103
required by the department. Eligible purchases or leases made 1104
with such a certificate must be in strict compliance with this 1105
subsection and departmental rules, and any person who makes an 1106
exempt purchase with a c ertificate that is not in strict 1107
compliance with this subsection and the rules is liable for and 1108
shall pay the tax. The department may adopt rules to administer 1109
this subsection. 1110
(uuu) Small private investigative agencies. — 1111
1. As used in this paragraph, the term: 1112
a. "Private investigation services" has the same meaning 1113
as "private investigation," as defined in s. 493.6101(17). 1114
b. "Small private investigative agency" means a private 1115
investigator licensed under s. 493.6201 which: 1116
(I) Employs three or fewer full-time or part-time 1117
employees, including those performing services pursuant to an 1118
employee leasing arrangement as defined in s. 468.520(3) s. 1119
468.520(4), in total; and 1120
(II) During the previous calendar year, performed private 1121
investigation services otherwise taxable under this chapter in 1122
which the charges for the services performed were less than 1123
$150,000 for all its businesses related through common 1124
ownership. 1125
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2. The sale of private investigation services by a small 1126
private investigative agen cy to a client is exempt from the tax 1127
imposed by this chapter. 1128
3. The exemption provided by this paragraph may not apply 1129
in the first calendar year a small private investigative agency 1130
conducts sales of private investigation services taxable under 1131
this chapter. 1132
Section 29. Paragraph (a) of subsection (19) of section 1133
440.02, Florida Statutes, is amended to read: 1134
440.02 Definitions. —When used in this chapter, unless the 1135
context clearly requires otherwise, the following terms shall 1136
have the following m eanings: 1137
(19)(a) "Employer" means the state and all political 1138
subdivisions thereof, all public and quasi -public corporations 1139
therein, every person carrying on any employment, and the legal 1140
representative of a deceased person or the receiver or trustees 1141
of any person. The term also includes employee leasing 1142
companies, as defined in s. 468.520(4) s. 468.520(5), and 1143
employment agencies that provide their own employees to other 1144
persons. If the employer is a corporation, parties in actual 1145
control of the corpor ation, including, but not limited to, the 1146
president, officers who exercise broad corporate powers, 1147
directors, and all shareholders who directly or indirectly own a 1148
controlling interest in the corporation, are considered the 1149
employer for the purposes of ss. 440.105, 440.106, and 440.107. 1150
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Section 30. Section 448.26, Florida Statutes, is amended 1151
to read: 1152
448.26 Application. —Nothing in this part shall exempt any 1153
client of any labor pool or temporary help arrangement entity as 1154
defined in s. 468.520(3)(a) s. 468.520(4)(a) or any assigned 1155
employee from any other license requirements of state, local, or 1156
federal law. Any employee assigned to a client who is licensed, 1157
registered, or certified pursuant to law shall be deemed an 1158
employee of the client for such lic ensure purposes but shall 1159
remain an employee of the labor pool or temporary help 1160
arrangement entity for purposes of chapters 440 and 443. 1161
Section 31. Subsection (2) of section 468.520, Florida 1162
Statutes, is amended to read: 1163
468.520 Definitions. —As used in this part: 1164
(2) "Board" means the Board of Employee Leasing Companies. 1165
Section 32. Section 468.522, Florida Statutes, is amended 1166
to read: 1167
468.522 Rules of the board.—The department may board has 1168
authority to adopt rules pursuant to ss. 120.536( 1) and 120.54 1169
to implement the provisions of this part. Every licensee shall 1170
be governed and controlled by this part and the rules adopted by 1171
the department board. 1172
Section 33. Subsections (2) and (4) of section 468.524, 1173
Florida Statutes, are amended to read: 1174
468.524 Application for license. — 1175
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(2) The department board may require information and 1176
certifications necessary to determine that the applicant is of 1177
good moral character and meets other licensure requirements of 1178
this part. 1179
(4) An applicant or licensee is ineligible to reapply for 1180
a license for a period of 1 year following final agency action 1181
on the denial or revocation of a license applied for or issued 1182
under this part. This time restriction does not apply to 1183
administrative denials or revocati ons entered because: 1184
(a) The applicant or licensee has made an inadvertent 1185
error or omission on the application; 1186
(b) The experience documented to the department board was 1187
insufficient at the time of the previous application; 1188
(c) The department is unable to complete the criminal 1189
background investigation because of insufficient information 1190
from the Florida Department of Law Enforcement, the Federal 1191
Bureau of Investigation, or any other applicable law enforcement 1192
agency; 1193
(d) The applicant or license e has failed to submit 1194
required fees; or 1195
(e) An applicant or licensed employee leasing company has 1196
been deemed ineligible for a license because of the lack of good 1197
moral character of an individual or individuals when such 1198
individual or individuals are no longer employed in a capacity 1199
that would require their licensing under this part. 1200
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Section 34. Section 468.5245, Florida Statutes, is amended 1201
to read: 1202
468.5245 Change of ownership. — 1203
(1) A license or registration issued to any entity under 1204
this part may not be transferred or assigned. The department 1205
board shall adopt rules to provide for a licensee's or 1206
registrant's change of name or location. 1207
(2) A person or entity that seeks to purchase or acquire 1208
control of an employee leasing company or group l icensed or 1209
registered under this part must first apply to the department 1210
board for a certificate of approval for the proposed change of 1211
ownership. However, prior approval is not required if, at the 1212
time the purchase or acquisition occurs, a controlling per son of 1213
the employee leasing company or group maintains a controlling 1214
person license under this part. Notification must be provided to 1215
the department board within 30 days after the purchase or 1216
acquisition of such company in the manner prescribed by the 1217
department board. 1218
(3) Any application that is submitted to the department 1219
board under this section is shall be deemed approved if the 1220
department board has not approved the application or rejected 1221
the application, and provided the applicant with the basis for a 1222
rejection, within 90 days after the receipt of the completed 1223
application. 1224
(4) The department board shall establish filing fees for a 1225
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change-of-ownership application in accordance with s. 1226
468.524(1). 1227
Section 35. Subsections (2) and (3) of section 4 68.525, 1228
Florida Statutes, are amended to read: 1229
468.525 License requirements. — 1230
(2)(a) As used in this part, "good moral character" means 1231
a personal history of honesty, trustworthiness, fairness, a good 1232
reputation for fair dealings, and respect for the r ights of 1233
others and for the laws of this state and nation. A thorough 1234
background investigation of the individual's good moral 1235
character shall be instituted by the department. Such 1236
investigation shall require: 1237
1. The submission of fingerprints, for proces sing through 1238
appropriate law enforcement agencies, by the applicant and the 1239
examination of police records by the department board. 1240
2. Such other investigation of the individual as the 1241
department board may deem necessary. 1242
(b) The department board may deny an application for 1243
licensure or renewal citing lack of good moral character. 1244
Conviction of a crime within the last 7 years does shall not 1245
automatically bar any applicant or licensee from obtaining a 1246
license or continuing as a licensee. The department board shall 1247
consider the type of crime committed, the crime's relevancy to 1248
the employee leasing industry, the length of time since the 1249
conviction and any other factors deemed relevant by the 1250
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department board. 1251
(3) Each employee leasing company licensed by t he 1252
department shall have a registered agent for service of process 1253
in this state and at least one licensed controlling person. In 1254
addition, each licensed employee leasing company shall comply 1255
with the following requirements: 1256
(a) The employment relationsh ip with workers provided by 1257
the employee leasing company to a client company shall be 1258
established by written agreement between the leasing company and 1259
the client, and written notice of that relationship shall be 1260
given by the employee leasing company to eac h worker who is 1261
assigned to perform services at the client company's worksite. 1262
(b) An applicant for an initial employee leasing company 1263
license shall have a tangible accounting net worth of not less 1264
than $50,000. 1265
(c) An applicant for initial or renewal license of an 1266
employee leasing company license or employee leasing company 1267
group shall have an accounting net worth or shall have 1268
guaranties, letters of credit, or other security acceptable to 1269
the department board in sufficient amounts to offset any 1270
deficiency. A guaranty will not be acceptable to satisfy this 1271
requirement unless the applicant submits sufficient evidence to 1272
satisfy the department board that the guarantor has adequate 1273
resources to satisfy the obligation of the guaranty. 1274
(d) Each employee l easing company shall maintain an 1275
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accounting net worth and positive working capital, as determined 1276
in accordance with generally accepted accounting principles, or 1277
shall have guaranties, letters of credit, or other security 1278
acceptable to the department board in sufficient amounts to 1279
offset any deficiency. A guaranty will not be acceptable to 1280
satisfy this requirement unless the licensee submits sufficient 1281
evidence, as defined by rule, that the guarantor has adequate 1282
resources to satisfy the obligation of the g uaranty. In 1283
determining the amount of working capital, a licensee shall 1284
include adequate reserves for all taxes and insurance, including 1285
plans of self-insurance or partial self -insurance for claims 1286
incurred but not paid and for claims incurred but not repo rted. 1287
Compliance with the requirements of this paragraph is subject to 1288
verification by department or board audit. 1289
(e) Each employee leasing company or employee leasing 1290
company group shall submit annual financial statements audited 1291
by an independent certi fied public accountant, with the 1292
application and within 120 days after the end of each fiscal 1293
year, in a manner and time prescribed by the department board, 1294
provided however, that any employee leasing company or employee 1295
leasing company group with gross Fl orida payroll of less than 1296
$2.5 million during any fiscal year may submit financial 1297
statements reviewed by an independent certified public 1298
accountant for that year. 1299
(f) The licensee shall notify the department or board in 1300
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writing within 30 days after any change in the application or 1301
status of the license. 1302
(g) Each employee leasing company or employee leasing 1303
company group shall maintain accounting and employment records 1304
relating to all employee leasing activities for a minimum of 3 1305
calendar years. 1306
Section 36. Subsections (3) and (5) of section 468.526, 1307
Florida Statutes, are amended to read: 1308
468.526 License required; fees. — 1309
(3) Each employee leasing company and employee leasing 1310
company group licensee shall pay to the department upon the 1311
initial issuance of a license and upon each renewal thereafter a 1312
license fee not to exceed $2,500 to be established by the 1313
department board. In addition to the license fee, the department 1314
board shall establish an annual assessment for each employee 1315
leasing company and each employee leasing company group 1316
sufficient to cover all costs for regulation of the profession 1317
pursuant to this chapter, chapter 455, and any other applicable 1318
provisions of law. The annual assessment shall: 1319
(a) Be due and payable upon initial licensure and 1320
subsequent renewals thereof and 1 year before the expiration of 1321
any licensure period; and 1322
(b) Be based on a fixed percentage, variable classes, or a 1323
combination of both, a s determined by the department board, of 1324
gross Florida payroll for employees leased to clients by the 1325
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applicant or licensee during the period beginning five quarters 1326
before and ending one quarter before each assessment. It is the 1327
intent of the Legislature that the greater weight of total fees 1328
for licensure and assessments should be on larger companies and 1329
groups. 1330
(5) Each controlling person licensee shall pay to the 1331
department upon the initial issuance of a license and upon each 1332
renewal thereafter a licen se fee to be established by the 1333
department board in an amount not to exceed $2,000. 1334
Section 37. Subsection (1) of section 468.527, Florida 1335
Statutes, is amended to read: 1336
468.527 Licensure and license renewal. — 1337
(1) The department shall license any applicant who the 1338
department board certifies is qualified to practice employee 1339
leasing as an employee leasing company, employee leasing company 1340
group, or controlling person. 1341
Section 38. Subsection (2) of section 46 8.5275, Florida 1342
Statutes, is amended to read: 1343
468.5275 Registration and exemption of de minimis 1344
operations.— 1345
(2) A registration is valid for 1 year. Each registrant 1346
shall pay to the department upon initial registration, and upon 1347
each renewal thereafter , a registration fee to be established by 1348
the department board in an amount not to exceed: 1349
(a) Two hundred and fifty dollars for an employee leasing 1350
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company. 1351
(b) Five hundred dollars for an employee leasing company 1352
group. 1353
Section 39. Subsections (2 ), (4), and (5) of section 1354
468.529, Florida Statutes, are amended to read: 1355
468.529 Licensee's insurance; employment tax; benefit 1356
plans.— 1357
(2) An initial or renewal license may not be issued to any 1358
employee leasing company unless the employee leasing com pany 1359
first files with the department board evidence of workers' 1360
compensation coverage for all leased employees in this state. 1361
Each employee leasing company shall maintain and make available 1362
to its workers' compensation carrier the following information: 1363
(a) The correct name and federal identification number of 1364
each client company. 1365
(b) A listing of all covered employees provided to each 1366
client company, by classification code. 1367
(c) The total eligible wages by classification code and 1368
the premiums due to t he carrier for the employees provided to 1369
each client company. 1370
(4) An initial or renewal license may not be issued to any 1371
employee leasing company unless the employee leasing company 1372
first provides evidence to the department board, as required by 1373
department board rule, that the employee leasing company has 1374
paid all of the employee leasing company's obligations for 1375
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payroll, payroll-related taxes, workers' compensation insurance, 1376
and employee benefits. All disputed amounts must be disclosed in 1377
the application. 1378
(5) The provisions of this section are subject to 1379
verification by department or board audit. 1380
Section 40. Subsections (3) and (4) of section 468.530, 1381
Florida Statutes, are amended to read: 1382
468.530 License, contents; posting. — 1383
(3) No license shall be valid for any person or entity who 1384
engages in the business under any name other than that specified 1385
in the license. A license issued under this part is shall not be 1386
assignable, and no licensee may conduct a business under a 1387
fictitious name without pr ior written authorization of the 1388
department board to do so. The department board may not 1389
authorize the use of a name which is so similar to that of a 1390
public officer or agency, or of that used by another licensee, 1391
that the public may be confused or misled t hereby. No licensee 1392
shall be permitted to conduct business under more than one name 1393
unless it has obtained a separate license. A licensee desiring 1394
to change its licensed name at any time except upon license 1395
renewal shall notify the department board and pay a fee not to 1396
exceed $50 for each authorized change of name. 1397
(4) Each employee leasing company or employee leasing 1398
company group licensed under this part shall be properly 1399
identified in all advertisements, which must include the license 1400
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number, licensed business name, and other appropriate 1401
information in accordance with department rules established by 1402
the board. 1403
Section 41. Subsection (1) of section 468.531, Florida 1404
Statutes, is amended to read: 1405
468.531 Prohibitions; penalties. — 1406
(1) No person or entity shall: 1407
(a) Practice or offer to practice as an employee leasing 1408
company, an employee leasing company group, or a controlling 1409
person unless such person or entity is licensed pursuant to this 1410
part; 1411
(b) Practice or offer to practice as an employee l easing 1412
company or employee leasing company group unless all controlling 1413
persons thereof are licensed pursuant to this part; 1414
(c) Use the name or title "licensed employee leasing 1415
company," "employee leasing company," "employee leasing company 1416
group," "professional employer," "professional employer 1417
organization," "controlling person," or words that would tend to 1418
lead one to believe that such person or entity is registered 1419
pursuant to this part, when such person or entity has not 1420
registered pursuant to this p art; 1421
(d) Present as his or her own or his or her entity's own 1422
the license of another; 1423
(e) Knowingly give false or forged evidence to the 1424
department board or a member thereof ; or 1425
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(f) Use or attempt to use a license that has been 1426
suspended or revoked. 1427
Section 42. Subsections (1), (2), and (4) of section 1428
468.532, Florida Statutes, are amended to read: 1429
468.532 Discipline. — 1430
(1) The following constitute grounds for which 1431
disciplinary action against a licensee may be taken by the 1432
department board: 1433
(a) Being convicted or found guilty of, or entering a plea 1434
of nolo contendere to, regardless of adjudication, bribery, 1435
fraud, or willful misrepresentation in obtaining, attempting to 1436
obtain, or renewing a license. 1437
(b) Being convicted or found guilty of, or entering a plea 1438
of nolo contendere to, regardless of adjudication, a crime in 1439
any jurisdiction which relates to the operation of an employee 1440
leasing business or the ability to engage in business as an 1441
employee leasing company. 1442
(c) Being convicted or found guilty of, or entering a plea 1443
of nolo contendere to, regardless of adjudication, fraud, 1444
deceit, or misconduct in the classification of employees 1445
pursuant to chapter 440. 1446
(d) Being convicted or found guilty of, or entering a plea 1447
of nolo contendere to, regardless of adjudication, fraud, 1448
deceit, or misconduct in the establishment or maintenance of 1449
self-insurance, be it health insurance or workers' compensation 1450
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insurance. 1451
(e) Being convicted or found guilty of, or entering a plea 1452
of nolo contendere t o, regardless of adjudication, fraud, 1453
deceit, or misconduct in the operation of an employee leasing 1454
company. 1455
(f) Conducting business without an active license. 1456
(g) Failing to maintain workers' compensation insurance as 1457
required in s. 468.529. 1458
(h) Transferring or attempting to transfer a license 1459
issued pursuant to this part. 1460
(i) Violating any provision of this part or any lawful 1461
order or rule issued under the provisions of this part or 1462
chapter 455. 1463
(j) Failing to notify the department board, in writing, of 1464
any change of the primary business address or the addresses of 1465
any of the licensee's offices in the state. 1466
(k) Having been confined in any county jail, 1467
postadjudication, or being confined in any state or federal 1468
prison or mental institution, or when through mental disease or 1469
deterioration, the licensee can no longer safely be entrusted to 1470
deal with the public or in a confidential capacity. 1471
(l) Having been found guilty for a second time of any 1472
misconduct that warrants suspension or being found g uilty of a 1473
course of conduct or practices which shows that the licensee is 1474
so incompetent, negligent, dishonest, or untruthful that the 1475
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money, property, transactions, and rights of investors, or those 1476
with whom the licensee may sustain a confidential relat ionship, 1477
may not safely be entrusted to the licensee. 1478
(m) Failing to inform the department board in writing 1479
within 30 days after being convicted or found guilty of, or 1480
entering a plea of nolo contendere to, any felony, regardless of 1481
adjudication. 1482
(n) Failing to conform to any lawful order of the 1483
department board. 1484
(o) Being determined liable for civil fraud by a court in 1485
any jurisdiction. 1486
(p) Having adverse material final action taken by any 1487
state or federal regulatory agency for violations within the 1488
scope of control of the licensee. 1489
(q) Failing to inform the department board in writing 1490
within 30 days after any adverse material final action by a 1491
state or federal regulatory agency. 1492
(r) Failing to meet or maintain the requirements for 1493
licensure as an employee leasing company or controlling person. 1494
(s) Engaging as a controlling person any person who is not 1495
licensed as a controlling person by the department board. 1496
(t) Attempting to obtain, obtaining, or renewing a license 1497
to practice employee le asing by bribery, misrepresentation, or 1498
fraud. 1499
(2) When the department board finds any violation of 1500
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subsection (1), it may do one or more of the following: 1501
(a) Deny an application for licensure. 1502
(b) Permanently revoke, suspend, restrict, or not renew a 1503
license. 1504
(c) Impose an administrative fine not to exceed $5,000 for 1505
every count or separate offense. 1506
(d) Issue a reprimand. 1507
(e) Place the licensee on probation for a period of time 1508
and subject to such conditions as the department board may 1509
specify. 1510
(f) Assess costs associated with investigation and 1511
prosecution. 1512
(4) The department board shall specify the penalties for 1513
any violation of this part. 1514
Section 43. Paragraph (a) of subsection (6) of section 1515
476.144, Florida Statutes, is amended to read: 1516
476.144 Licensure.— 1517
(6) A person may apply for a restricted license to 1518
practice barbering. The board shall adopt rules specifying 1519
procedures for an applicant to obtain a restricted license if 1520
the applicant: 1521
(a)1. Has successfully completed a re stricted barber 1522
course, as established by rule of the board, at a school of 1523
barbering licensed pursuant to chapter 1005, a barbering program 1524
within the public school system, or a government -operated 1525
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barbering program in this state; or 1526
2.a. Holds or has w ithin the previous 5 years held an 1527
active valid license to practice barbering in another state or 1528
country or has held a Florida barbering license which has been 1529
declared null and void for failure to renew the license, and the 1530
applicant fulfilled the requir ements of s. 476.114(2)(c) s. 1531
476.114(2)(c)2. for initial licensure; and 1532
b. Has not been disciplined relating to the practice of 1533
barbering in the previous 5 years; and 1534
1535
The restricted license shall limit the licensee's practice to 1536
those specific areas in which the applicant has demonstrated 1537
competence pursuant to rules adopted by the board. 1538
Section 44. Paragraph (a) of subsection (2) of section 1539
627.192, Florida Statutes, is amended to read: 1540
627.192 Workers' compensation insurance; employee leasing 1541
arrangements.— 1542
(2) For purposes of the Florida Insurance Code: 1543
(a) "Employee leasing" shall have the same meaning as set 1544
forth in s. 468.520(3) s. 468.520(4). 1545
Section 45. For the purpose of incorporating the amendment 1546
made by this act to section 723 .061, Florida Statutes, in a 1547
reference thereto, subsection (1) of section 48.184, Florida 1548
Statutes, is reenacted to read: 1549
48.184 Service of process for removal of unknown parties 1550
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in possession.— 1551
(1) This section applies only to actions governed by s. 1552
82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent 1553
that such actions seek relief for the removal of an unknown 1554
party or parties in possession of real property. The provisions 1555
of this section are cumulative to other provisions of law or 1556
rules of court about service of process, and all other such 1557
provisions are cumulative to this section. 1558
Section 46. For the purpose of incorporating the amendment 1559
made by this act to section 723.061, Florida Statutes, in a 1560
reference thereto, subsection (5) of s ection 723.004, Florida 1561
Statutes, is reenacted to read: 1562
723.004 Legislative intent; preemption of subject matter. — 1563
(5) Nothing in this chapter shall be construed to prevent 1564
the enforcement of a right or duty under this section, s. 1565
723.022, s. 723.023, s. 723.031, s. 723.032, s. 723.033, s. 1566
723.035, s. 723.037, s. 723.038, s. 723.061, s. 723.0615, s. 1567
723.062, s. 723.063, or s. 723.081 by civil action after the 1568
party has exhausted its administrative remedies, if any. 1569
Section 47. For the purpose of inc orporating the amendment 1570
made by this act to section 723.061, Florida Statutes, in a 1571
reference thereto, subsection (9) of section 723.031, Florida 1572
Statutes, is reenacted to read: 1573
723.031 Mobile home lot rental agreements. — 1574
(9) No rental agreement shall provide for the eviction of 1575
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a mobile home owner on a ground other than one contained in s. 1576
723.061. 1577
Section 48. For the purpose of incorporating the amendment 1578
made by this act to section 723.061, Florida Statutes, in a 1579
reference thereto, subsection (1 ) of section 723.032, Florida 1580
Statutes, is reenacted to read: 1581
723.032 Prohibited or unenforceable provisions in mobile 1582
home lot rental agreements. — 1583
(1) A mobile home lot rental agreement may provide a 1584
specific duration with regard to the amount of rent al payments 1585
and other conditions of the tenancy, but the rental agreement 1586
shall neither provide for, nor be construed to provide for, the 1587
termination of any tenancy except as provided in s. 723.061. 1588
Section 49. For the purpose of incorporating the amen dment 1589
made by this act to section 723.061, Florida Statutes, in a 1590
reference thereto, subsection (2) of section 723.085, Florida 1591
Statutes, is reenacted to read: 1592
723.085 Rights of lienholder on mobile homes in rental 1593
mobile home parks.— 1594
(2) Upon the foreclosure of the lien for unpaid purchase 1595
price and sale of the mobile home, the owner of the mobile home 1596
must qualify for tenancy in the mobile home park in accordance 1597
with the rules and regulations of the mobile home park. The park 1598
owner shall comply with the provisions of s. 723.061 in 1599
determining whether the homeowner may qualify as a tenant. 1600
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Section 50. For the purpose of incorporating the amendment 1601
made by this act to section 723.06115, Florida Statutes, in a 1602
reference thereto, subsection (1) of section 320.08015, Florida 1603
Statutes, is reenacted to read: 1604
320.08015 License tax surcharge. — 1605
(1) Except as provided in subsection (2), there is levied 1606
on each license tax imposed under s. 320.08(11) a surcharge in 1607
the amount of $1, which shall be colle cted in the same manner as 1608
the license tax and shall be deposited in the Florida Mobile 1609
Home Relocation Trust Fund, as created in s. 723.06115. This 1610
surcharge may not be imposed during the next registration and 1611
renewal period if the balance in the Florida Mobile Home 1612
Relocation Trust Fund exceeds $10 million on June 30. The 1613
surcharge shall be reinstated in the next registration and 1614
renewal period if the balance in the Florida Mobile Home 1615
Relocation Trust Fund is below $6 million on June 30. 1616
Section 51. For the 2024-2025 fiscal year, the sum of 1617
$95,000 in recurring funds is appropriated from the Florida 1618
Mobile Home Relocation Trust Fund to the Department of Business 1619
and Professional Regulation for the purpose of implementing this 1620
act. 1621
Section 52. This act shall take effect July 1, 2024. 1622