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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
requiring such persons and entities to maintain the 10
accuracy of their contact information; specifying 11
application requirements; prohibiting the division 12
from processing applications not submitted through the 13
online system; amending s. 210.40, F.S.; revising the 14
amount of an initial corporate surety bond required as 15
a condition of licensure as a tobacco product 16
distributor; requiring the division to review 17
corporate surety bond amounts on a specified basis; 18
authorizing the division to increase a bond amount, 19
subject to specified conditions; authorizing the 20
division to adjust bond amounts by rule; authorizing 21
the division to reduce a bond amount upon a showing of 22
good cause; defining terms; requiring the division to 23
notify distributors in writing if their corporate 24
surety bond requirements change; providing 25
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applicability; prohibiting the division from reducing 26
a bond amount under specified circumstances; 27
authorizing the division to adopt rules; amending s. 28
310.0015, F.S.; deleting provisions requiring a 29
competency-based mentor program at ports and requiring 30
the department to submit an annual report on such 31
program; amending s. 310.081, F.S.; deleting a 32
requirement that the department consider certain 33
characteristics for applicants for certification as a 34
deputy pilot; making technical changes; creating s. 35
399.18, F.S.; requiring certain persons or entities 36
certified or registe red under the Elevator Safety Act, 37
or applying for such certification or registration, to 38
create and maintain an online account with the 39
department's Division of Hotels and Restaurants and 40
provide an e-mail address to the division; requiring 41
such persons and entities to maintain the accuracy of 42
their contact information; requiring the division to 43
adopt rules; creating s. 468.519, F.S.; creating the 44
employee leasing companies licensing program within 45
the department; providing legislative findings; 46
repealing s. 468.521, F.S., relating to the 47
department's Board of Employee Leasing Companies; 48
amending s. 469.006, F.S.; revising requirements for 49
department rules governing evidence of financial 50
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responsibility of applicants seeking licensure as a 51
business organization under ch. 469, F.S.; amending s. 52
471.003, F.S.; revising the list persons not required 53
to be licensed as a licensed engineer; amending s. 54
473.306, F.S.; requiring applicants for the 55
accountancy licensure examination to create and 56
maintain an online acc ount with and provide an e -mail 57
address to the department; requiring such applicants 58
to maintain the accuracy of their contact information; 59
requiring that address changes be submitted through 60
the department's online system within a specified 61
timeframe; amending s. 473.308, F.S.; requiring a 62
person seeking licensure as a Florida certified public 63
accountant, or a firm seeking to engage in public 64
accountancy, to create and maintain an online account 65
with and provide an e -mail address to the department; 66
requiring such accountants and firms to maintain the 67
accuracy of their contact information; requiring that 68
address changes be submitted through the department's 69
online system within a specified timeframe; amending 70
s. 476.114, F.S.; revising eligibility requiremen ts 71
for 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 such recommended 78
penalties; amending s. 489.143, F.S.; revising 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
561.15, F.S.; reducing the look -back period for 85
criminal history for a license under the Beverage Law; 86
amending s. 561.17, F.S.; requiring persons or 87
entities licensed or permitted by the Division of 88
Alcoholic Beverages and Tobacco, or applying for such 89
license or permit, to create and maintain an account 90
with the division's online system; requiring such 91
applicants to maintain the accuracy of their contact 92
information; specifying application requirements; 93
prohibiting the division from processing applications 94
not submitted through the online system; creating ss. 95
569.00256 and 569.3156, F.S.; requiring certain 96
persons or entities licensed or permitted by the 97
division, or applying for such license or permit, to 98
create and maintain an account with the division's 99
online system; requiring such licensees, permittees, 100
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and applicants to provide the division with an e -mail 101
address and maintain the accuracy of their contact 102
information; specifying application requirements; 103
prohibiting the division from processing applications 104
not submitted through the online system; amending ss. 105
20.165, 210.16, 212.08, 440.02, 448.26, 46 8.520, 106
468.522, 468.524, 468.5245, 468.525, 468.526, 468.527, 107
468.5275, 468.529, 468.530, 468.531, 468.532, 476.144, 108
and 627.192, F.S.; conforming cross -references and 109
provisions to changes made by the act; providing an 110
effective date. 111
112
Be It Enacted by the Legislature of the State of Florida: 113
114
Section 1. Paragraphs (a) through (h) of subsection (1) of 115
section 210.15, Florida Statutes, are redesignated as paragraphs 116
(b) through (i), respectively, and a new paragraph (a) is added 117
to that subsection, to read: 118
210.15 Permits.— 119
(1) 120
(a) A person or an entity licensed or permitted by the 121
division, or applying for a license or a permit, must create and 122
maintain an account with the division's online system and 123
provide an e-mail address to the division to function as the 124
primary means of contact for all communication by the division 125
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to the licensee, permittee, or applicant. Licensees, permittees, 126
and applicants are responsible for maintaining accurate contact 127
information on file with the division. A per son or an entity 128
seeking a license or permit under this part must apply using 129
forms furnished by the division which are filed through the 130
division's online system before commencing operations. The 131
division may not process an application for a license or pe rmit 132
issued by the division under this part unless the application is 133
submitted through the division's online system. 134
Section 2. Section 210.32, Florida Statutes, is created to 135
read: 136
210.32 Account; online system. —A person or an entity 137
licensed or permitted by the division, or applying for a license 138
or a permit, must create and maintain an account with the 139
division's online system and provide an e -mail address to the 140
division to function as the primary means of contact for all 141
communication by the div ision to the licensee, permittee, or 142
applicant. Licensees, permittees, and applicants are responsible 143
for maintaining accurate contact information on file with the 144
division. A person or an entity seeking a license or a permit 145
under this part must apply usi ng forms furnished by the division 146
which are filed through the division's online system before 147
commencing operations. The division may not process an 148
application for a license or permit issued by the division under 149
this part unless the application is submi tted through the 150
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division's online system. 151
Section 3. Section 210.40, Florida Statutes, is amended to 152
read: 153
210.40 License fees; surety bond; application for each 154
place of business.— 155
(1) Each application for a distributor's license must 156
shall be accompanied by a fee of $25. The application must shall 157
also be accompanied by a corporate surety bond issued by a 158
surety company authorized to do business in this state, 159
conditioned for the payment when due of all taxes, penalties, 160
and accrued interest whic h may be due the state. The initial 161
corporate surety bond shall be in the sum of $25,000 $1,000 and 162
in a form prescribed by the division. 163
(a) The division shall review the amount of a corporate 164
surety bond on a semiannual basis to ensure that the bond am ount 165
is adequate to protect the state. 166
(b) The division may increase the corporate surety bond 167
amount before renewing a distributor's license or after 168
completing its semiannual review of the bond amount. 169
(c) The corporate surety bond amount may be incr eased to 170
the sum of the distributor's highest month of final audited tax 171
liabilities, penalties, and accrued interest which are due to 172
the state. 173
(2) A corporate surety bond, with the sum determined by 174
the division in accordance with paragraph (1)(c), is required 175
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for renewal of a distributor's license. 176
(3) The division may prescribe by rule increases in the 177
corporate surety bond amounts required as a condition of 178
licensure. 179
(4)(a) The division may reduce the amount of a corporate 180
surety bond upon a distributor's showing of good cause. For 181
purposes of this subsection, the term: 182
1. "Fully resolved" means that criminal or administrative 183
charges or investigations have been definitively closed or 184
dismissed, have resulted in an acquittal, or have otherwi se 185
ended in such a manner that no further legal or administrative 186
actions relating to charges or investigations are pending 187
against a licensee under applicable laws, rules, or regulations. 188
2. "Good cause" means a consistent pattern of responsible 189
financial behavior by the distributor over a period of at least 190
the preceding 4 years, and having the sum of the distributor's 191
final audited tax liabilities, penalties, and interest be less 192
than the amount of the distributor's corporate surety bond for 193
every month for a period of at least the preceding 4 years. 194
3. "Responsible financial behavior" includes the timely 195
and complete reporting and payment of all tax liabilities, 196
penalties, and accrued interest due to the state for a period of 197
at least the preceding 4 years. 198
(b) The division may not reduce a corporate surety bond 199
amount when a licensee: 200
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1. Is in default of any tax liabilities, penalties, or 201
interest due to the state; 202
2. Is the subject of a pending criminal prosecution in any 203
jurisdiction until su ch prosecution has been fully resolved; 204
3. Has pending administrative charges brought by an 205
authorized regulatory body or agency which have not been fully 206
resolved in accordance with applicable rules and procedures; or 207
4. Is under investigation by any administrative body or 208
agency for potential criminal violations until any such 209
investigation is completed and the findings of the investigation 210
have been fully resolved in accordance with applicable law. 211
(5) The division shall notify a distributor in wri ting of 212
any change in the distributor's corporate surety bond 213
requirements by the date on which the distributor's audited tax 214
assessments become final. 215
(6) The provisions of this section governing corporate 216
surety bonds are not subject to s. 120.60 Whenever it is the 217
opinion of the division that the bond given by a licensee is 218
inadequate in amount to fully protect the state, the division 219
shall require an additional bond in such amount as is deemed 220
sufficient. 221
(7) A separate application for a license must shall be 222
made for each place of business at which a distributor proposes 223
to engage in business as a distributor under this part, but an 224
applicant may provide one corporate surety bond in an amount 225
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determined by the division for all applications made by t he 226
distributor consistent with the requirements of this section . 227
(8) The division may adopt rules to administer this 228
section. 229
Section 4. Paragraph (d) of subsection (3) of section 230
310.0015, Florida Statutes, is amended to read: 231
310.0015 Piloting re gulation; general provisions. — 232
(3) The rate-setting process, the issuance of licenses 233
only in numbers deemed necessary or prudent by the board, and 234
other aspects of the economic regulation of piloting established 235
in this chapter are intended to protect t he public from the 236
adverse effects of unrestricted competition which would result 237
from an unlimited number of licensed pilots being allowed to 238
market their services on the basis of lower prices rather than 239
safety concerns. This system of regulation benefit s and protects 240
the public interest by maximizing safety, avoiding uneconomic 241
duplication of capital expenses and facilities, and enhancing 242
state regulatory oversight. The system seeks to provide pilots 243
with reasonable revenues, taking into consideration th e normal 244
uncertainties of vessel traffic and port usage, sufficient to 245
maintain reliable, stable piloting operations. Pilots have 246
certain restrictions and obligations under this system, 247
including, but not limited to, the following: 248
(d)1. The pilot or pilots in a port shall train and 249
compensate all member deputy pilots in that port. Failure to 250
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train or compensate such deputy pilots constitutes shall 251
constitute a ground for disciplinary action under s. 310.101. 252
Nothing in this subsection may shall be deemed to create an 253
agency or employment relationship between a pilot or deputy 254
pilot and the pilot or pilots in a port. 255
2. The pilot or pilots in a port shall establish a 256
competency-based mentor program by which minority persons as 257
defined in s. 288.703 may acquire the skills for the 258
professional preparation and education competency requirements 259
of a licensed state pilot or certificated deputy pilot. The 260
department shall provide the Governor, the President of the 261
Senate, and the Speaker of the House of Representatives with a 262
report each year on the number of minority persons as defined in 263
s. 288.703 who have participated in each mentor program, who are 264
licensed state pilots or certificated deputy pilots, and who 265
have applied for state pilot licensure or deputy pilot 266
certification. 267
Section 5. Subsection (2) of section 310.081, Florida 268
Statutes, is amended to read: 269
310.081 Department to examine and license state pilots and 270
certificate deputy pilots; vacancies. — 271
(2) The department shall similarly examine persons who 272
file applications for certificate as deputy pilot, and, if upon 273
examination to determine proficiency the department finds them 274
qualified, the department must shall certify as qualified all 275
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applicants who pass the examination, provided t hat not more than 276
five persons who passed the examination are certified for each 277
declared opening. If more than five applicants per opening pass 278
the examination, the persons having the highest scores must 279
shall be certified as qualified up to the number of openings 280
times five. The department shall give consideration to the 281
minority and female status of applicants when qualifying deputy 282
pilots, in the interest of ensuring diversification within the 283
state piloting profession. The department shall appoint and 284
certificate such number of deputy pilots from those applicants 285
deemed qualified as in the discretion of the board are required 286
in the respective ports of the state. A deputy pilot shall be 287
authorized by the department to pilot vessels within the limits 288
and specifications established by the licensed state pilots at 289
the port where the deputy is appointed to serve. 290
Section 6. Section 399.18, Florida Statutes, is created to 291
read: 292
399.18 Online services account. — 293
(1) A certified elevator inspector, certi fied elevator 294
technician, or registered elevator company; a person or entity 295
seeking to become certified or registered as such; a person who 296
has been issued an elevator certificate of competency; a person 297
who is seeking such certificate; a person or entity who has been 298
issued an elevator certificate of operation; and a person or 299
entity who is seeking such a certificate must create and 300
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maintain an online account with the division and provide an e -301
mail address to the division to function as the primary means of 302
contact for all communication from the division. Each person or 303
entity is responsible for maintaining accurate contact 304
information on file with the division. 305
(2) The division shall adopt rules to implement this 306
section. 307
Section 7. Section 468.519, Florida Statutes, is created, 308
and incorporated into part XI of chapter 468, Florida Statutes, 309
to read: 310
468.519 Employee leasing companies licensing program; 311
purpose.— 312
(1) There is created within the department the employee 313
leasing companies licensing program. 314
(2) The Legislature finds it necessary in the interest of 315
the public safety and welfare to ensure that consumers of 316
employee leasing companies can rely on the competence and 317
integrity of such companies through the licensing requirements 318
of this part. 319
Section 8. Section 468.521, Florida Statutes, is repealed. 320
Section 9. Paragraph (c) of subsection (2) of section 321
469.006, Florida Statutes, is amended to read: 322
469.006 Licensure of business organizations; qualifying 323
agents.— 324
(2) 325
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(c) As a prerequisite to the issuance of a license under 326
this section, the applicant shall submit the following: 327
1. An affidavit on a form provided by the department 328
attesting that the applicant has obtained workers' compensation 329
insurance as required by chapter 440, public liability 330
insurance, and property damage insurance, in amounts determined 331
by department rule. The department shall establish by rule a 332
procedure to verify the accuracy of such affidavits based upon a 333
random sample method. 334
2. Evidence of fina ncial responsibility. The department 335
shall adopt rules to determine financial responsibility which 336
must shall specify grounds on which the department may deny 337
licensure. Such criteria must shall include, but is not be 338
limited to, credit history and limits of bondability and credit . 339
Section 10. Paragraph (c) of subsection (2) of section 340
471.003, Florida Statutes, is amended to read: 341
471.003 Qualifications for practice; exemptions. — 342
(2) The following persons are not required to be licensed 343
under the provisions of this chapter as a licensed engineer: 344
(c) Regular full-time employees of a business organization 345
corporation not engaged in the practice of engineering as such, 346
whose practice of engineering for such business organization 347
corporation is limited to the design or fabrication of 348
manufactured products and servicing of such products. 349
Section 11. Section 473.306, Florida Statutes, is amended 350
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to read: 351
473.306 Examinations. — 352
(1) A person desiring to be licensed as a Florida 353
certified public accountant shall apply to the department to 354
take the licensure examination. 355
(2) A person applying to the department to take the 356
licensure examination must create and maintain an online account 357
with the department and provide an e -mail address to function a s 358
the primary means of contact for all communication to the 359
applicant from the department. Each applicant is responsible for 360
maintaining accurate contact information on file with the 361
department and must submit any change in the applicant's e -mail 362
address or home address within 30 days after the change. All 363
changes must be submitted through the department's online 364
system. 365
(3) An applicant is entitled to take the licensure 366
examination to practice in this state as a certified public 367
accountant if: 368
(a) The applicant has completed 120 semester hours or 180 369
quarter hours from an accredited college or university with a 370
concentration in accounting and business courses as specified by 371
the board by rule; and 372
(b) The applicant shows that she or he has good moral 373
character. For purposes of this paragraph, the term "good moral 374
character" has the same meaning as provided in s. 473.308(7)(a) 375
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s. 473.308(6)(a). The board may refuse to allow an applicant to 376
take the licensure examination for failure to satisfy this 377
requirement if: 378
1. The board finds a reasonable relationship between the 379
lack of good moral character of the applicant and the 380
professional responsibilities of a certified public accountant; 381
and 382
2. The finding by the board of lack of good moral 383
character is supported by competent substantial evidence. 384
385
If an applicant is found pursuant to this paragraph to be 386
unqualified to take the licensure examination because of a lack 387
of good moral character, the board shall furnish to the 388
applicant a statement containin g the findings of the board, a 389
complete record of the evidence upon which the determination was 390
based, and a notice of the rights of the applicant to a 391
rehearing and appeal. 392
(4)(3) The board shall have the authority to establish the 393
standards for determi ning and shall determine: 394
(a) What constitutes a passing grade for each subject or 395
part of the licensure examination; 396
(b) Which educational institutions, in addition to the 397
universities in the State University System of Florida, shall be 398
deemed to be accredited colleges or universities; 399
(c) What courses and number of hours constitute a major in 400
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accounting; and 401
(d) What courses and number of hours constitute additional 402
accounting courses acceptable under s. 473.308(4) s. 473.308(3). 403
(5)(4) The board may adopt an alternative licensure 404
examination for persons who have been licensed to practice 405
public accountancy or its equivalent in a foreign country so 406
long as the International Qualifications Appraisal Board of the 407
National Association of State Board s of Accountancy has ratified 408
an agreement with that country for reciprocal licensure. 409
(6)(5) For the purposes of maintaining the proper 410
educational qualifications for licensure under this chapter, the 411
board may appoint an Educational Advisory Committee, which shall 412
be composed of one member of the board, two persons in public 413
practice who are licensed under this chapter, and four 414
academicians on faculties of universities in this state. 415
Section 12. Subsections (3) through (9) of section 416
473.308, Florida Statutes, are renumbered as subsections (4) 417
through (10), respectively, a new subsection (3 ) is added to 418
that section, and subsection (2), paragraph (b) of present 419
subsection (4), and present subsection (8) of that section are 420
amended, to read: 421
473.308 Licensure.— 422
(2) The board shall certify for licensure any applicant 423
who successfully passe s the licensure examination and satisfies 424
the requirements of subsections (4), (5), and (6) (3), (4), and 425
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(5), and shall certify for licensure any firm that satisfies the 426
requirements of ss. 473.309 and 473.3101. The board may refuse 427
to certify any applica nt or firm that has violated any of the 428
provisions of s. 473.322. 429
(3) A person desiring to be licensed as a Florida 430
certified public accountant or a firm desiring to engage in the 431
practice of public accounting must create and maintain an online 432
account with the department and provide an e -mail address to 433
function as the primary means of contact for all communication 434
from the department. Certified public accountants and firms are 435
responsible for maintaining accurate contact information on file 436
with the department and must submit any change in an e -mail 437
address or street address within 30 days after the change. All 438
changes must be submitted through the department's online 439
system. 440
(5)(4) 441
(b) However, an applicant who completed the requirements 442
of subsection (4) (3) on or before December 31, 2008, and who 443
passes the licensure examination on or before June 30, 2010, is 444
exempt from the requirements of this subsection. 445
(9)(8) If the applicant has at least 5 years of experience 446
in the practice of public accountancy in the United States or in 447
the practice of public accountancy or its equivalent in a 448
foreign country that the International Qualifications Appraisal 449
Board of the National Associati on of State Boards of Accountancy 450
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has determined has licensure standards that are substantially 451
equivalent to those in the United States, or has at least 5 452
years of work experience that meets the requirements of 453
subsection (5) (4), the board must shall waive the requirements 454
of subsection (4) (3) which are in excess of a baccalaureate 455
degree. All experience that is used as a basis for waiving the 456
requirements of subsection (4) (3) must be while licensed as a 457
certified public accountant by another state or t erritory of the 458
United States or while licensed in the practice of public 459
accountancy or its equivalent in a foreign country that the 460
International Qualifications Appraisal Board of the National 461
Association of State Boards of Accountancy has determined has 462
licensure standards that are substantially equivalent to those 463
in the United States. The board shall have the authority to 464
establish the standards for experience that meet this 465
requirement. 466
Section 13. Subsections (2) and (3) of section 476.114, 467
Florida Statutes, are amended to read: 468
476.114 Examination; prerequisites. — 469
(2) An applicant is shall be eligible for licensure by 470
examination to practice barbering if the applicant: 471
(a) Is at least 16 years of age; 472
(b) Pays the required application fee ; and 473
(c)1. Holds an active valid license to practice barbering 474
in another state, has held the license for at least 1 year, and 475
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does not qualify for licensure by endorsement as provided for in 476
s. 476.144(5); or 477
2. Has received a minimum of 900 hours of training in 478
sanitation, safety, and laws and rules, as established by the 479
board, which must shall include, but is shall not be limited to, 480
the equivalent of completion of services directly related to the 481
practice of barbering at one of the following: 482
1.a. A school of barbering licensed pursuant to chapter 483
1005; 484
2.b. A barbering program within the public school system; 485
or 486
3.c. A government-operated barbering program in this 487
state. 488
489
The board shall establish by rule procedures whereby the school 490
or program may certify that a person is qualified to take the 491
required examination after the completion of a minimum of 600 492
actual school hours. If the person passes the examination, she 493
or he has shall have satisfied this requirement; but if the 494
person fails the examination, she or he may shall not be 495
qualified to take the examination again until the completion of 496
the full requirements provided by this section. 497
(3) An applicant who meets the requirements set forth in 498
paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass 499
the examination may take subsequent examinations as many times 500
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as necessary to pass, except that the board may specify by rule 501
reasonable timeframes for rescheduling the examination and 502
additional training requirements for applicants who, after the 503
third attempt, fail to pass the examination. Prior to 504
reexamination, the applicant must file the appropriate form and 505
pay the reexamination fee as required by rule. 506
Section 14. Subsection (2) of section 477.019, Florida 507
Statutes, is amended to read: 508
477.019 Cosmetologists; qualifications; licensure; 509
supervised practice; license renewal; endorsement; continuing 510
education.— 511
(2) An applicant is shall be eligible for licensure by 512
examination to practice cosmetology if the applicant: 513
(a) Is at least 16 years of age or has received a high 514
school diploma; 515
(b) Pays the required application fee, which is not 516
refundable, and the required examination fee, which is 517
refundable if the applicant is determined to not be eligible for 518
licensure for any reason other than failure to successfully 519
complete the licensure examination; and 520
(c)1. Is authorized to practice cosmetology in another 521
state or country, has been so authorized for at least 1 year, 522
and does not qualify for licensure by endorsement a s provided 523
for in subsection (5); or 524
2. Has received a minimum of 1,200 hours of training as 525
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established by the board, which must shall include, but is shall 526
not be limited to, the equivalent of completion of services 527
directly related to the practice of cosmetology at one of the 528
following: 529
1.a. A school of cosmetology licensed pursuant to chapter 530
1005. 531
2.b. A cosmetology program within the public school 532
system. 533
3.c. The Cosmetology Division of the Florida School for 534
the Deaf and the Blind, provided the division meets the 535
standards of this chapter. 536
4.d. A government-operated cosmetology program in this 537
state. 538
539
The board shall establish by rule procedures whereby th e school 540
or program may certify that a person is qualified to take the 541
required examination after the completion of a minimum of 1,000 542
actual school hours. If the person then passes the examination, 543
he or she has shall have satisfied this requirement; but if the 544
person fails the examination, he or she may shall not be 545
qualified to take the examination again until the completion of 546
the full requirements provided by this section. 547
Section 15. Paragraph (c) of subsection (7) of section 548
489.131, Florida Stat utes, is amended to read: 549
489.131 Applicability. — 550
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(7) 551
(c) In addition to any action the local jurisdiction 552
enforcement body may take against the individual's local 553
license, and any fine the local jurisdiction may impose, the 554
local jurisdiction enforce ment body shall issue a recommended 555
penalty for board action. This recommended penalty may include a 556
recommendation for no further action, or a recommendation for 557
suspension, restitution, revocation, or restriction of the 558
registration, or a fine to be levi ed by the board, or a 559
combination thereof. The recommended penalty must specify the 560
violations of this chapter upon which the recommendation is 561
based. The local jurisdiction enforcement body shall inform the 562
disciplined contractor and the complainant of th e local license 563
penalty imposed, the board penalty recommended, his or her 564
rights to appeal, and the consequences should he or she decide 565
not to appeal. The local jurisdiction enforcement body shall, 566
upon having reached adjudication or having accepted a pl ea of 567
nolo contendere, immediately inform the board of its action and 568
the recommended board penalty. 569
Section 16. Subsections (3) and (6) of section 489.143, 570
Florida Statutes, are amended to read: 571
489.143 Payment from the fund. — 572
(3) Beginning Januar y 1, 2005, for each Division I 573
contract entered into after July 1, 2004, payment from the 574
recovery fund is subject to a $50,000 maximum payment for each 575
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Division I claim. Beginning January 1, 2017, for each Division 576
II contract entered into on or after Jul y 1, 2016, payment from 577
the recovery fund is subject to a $15,000 maximum payment for 578
each Division II claim. Beginning January 1, 2025, for Division 579
I and Division II contracts entered into on or after July 1, 580
2024, payment from the recovery fund is subje ct to a $100,000 581
maximum payment for each Division I claim and a $30,000 maximum 582
payment for each Division II claim. 583
(6) For contracts entered into before July 1, 2004, 584
payments for claims against any one licensee may not exceed, in 585
the aggregate, $100,0 00 annually, up to a total aggregate of 586
$250,000. For any claim approved by the board which is in excess 587
of the annual cap, the amount in excess of $100,000 up to the 588
total aggregate cap of $250,000 is eligible for payment in the 589
next and succeeding fiscal years, but only after all claims for 590
the then-current calendar year have been paid. Payments may not 591
exceed the aggregate annual or per claimant limits under law. 592
Beginning January 1, 2005, for each Division I contract entered 593
into after July 1, 2004, pay ment from the recovery fund is 594
subject only to a total aggregate cap of $500,000 for each 595
Division I licensee. Beginning January 1, 2017, for each 596
Division II contract entered into on or after July 1, 2016, 597
payment from the recovery fund is subject only to a total 598
aggregate cap of $150,000 for each Division II licensee. 599
Beginning January 1, 2025, for Division I and Division II 600
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contracts entered into on or after July 1, 2024, payment from 601
the recovery fund is subject only to a total aggregate cap of $2 602
million for each Division I licensee and $600,000 for each 603
Division II licensee. 604
Section 17. Paragraph (b) of subsection (15) of section 605
499.012, Florida Statutes, is amended to read: 606
499.012 Permit application requirements. — 607
(15) 608
(b) To be certified a s a designated representative, a 609
natural person must: 610
1. Submit an application on a form furnished by the 611
department and pay the appropriate fees. 612
2. Be at least 18 years of age. 613
3. Have at least 2 years of verifiable full -time: 614
a. Work experience in a pharmacy licensed in this state or 615
another state, where the person's responsibilities included, but 616
were not limited to, recordkeeping for prescription drugs; 617
b. Managerial experience with a prescription drug 618
wholesale distributor licensed in this s tate or in another 619
state; or 620
c. Managerial experience with the United States Armed 621
Forces, where the person's responsibilities included, but were 622
not limited to, recordkeeping, warehousing, distributing, or 623
other logistics services pertaining to prescrip tion drugs; 624
d. Managerial experience with a state or federal 625
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organization responsible for regulating or permitting 626
establishments involved in the distribution of prescription 627
drugs, whether in an administrative or a sworn law enforcement 628
capacity; or 629
e. Work experience as a drug inspector or investigator 630
with a state or federal organization, whether in an 631
administrative or a sworn law enforcement capacity, where the 632
person's responsibilities related primarily to compliance with 633
state or federal requirem ents pertaining to the distribution of 634
prescription drugs. 635
4. Receive a passing score of at least 75 percent on an 636
examination given by the department regarding federal laws 637
governing distribution of prescription drugs and this part and 638
the rules adopted by the department governing the wholesale 639
distribution of prescription drugs. This requirement shall be 640
effective 1 year after the results of the initial examination 641
are mailed to the persons that took the examination. The 642
department shall offer such exam inations at least four times 643
each calendar year. 644
5. Provide the department with a personal information 645
statement and fingerprints pursuant to subsection (9). 646
Section 18. Subsection (2) of section 561.15, Florida 647
Statutes, is amended to read: 648
561.15 Licenses; qualifications required. — 649
(2) No license under the Beverage Law shall be issued to 650
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any person who has been convicted within the last past 5 years 651
of any offense against the beverage laws of this state, the 652
United States, or any other state; who has been convicted within 653
the last past 5 years in this state or any other state or the 654
United States of soliciting for prostitution, pandering, letting 655
premises for prostitution, or keeping a disorderly place or of 656
any criminal violation of chapter 893 or the controlled 657
substance act of any other state or the Federal Government; or 658
who has been convicted in the last past 10 15 years of any 659
felony in this state or any other state or the United States; or 660
to a corporation, any of the officers of which shall have been 661
so convicted. The term "conviction" shall include an 662
adjudication of guilt on a plea of guilty or nolo contendere or 663
the forfeiture of a bond when charged with a crime. 664
Section 19. Subsection (5) of section 561.17, Florida 665
Statutes, is amended to read: 666
561.17 License and registration applications; approved 667
person.— 668
(5) Any person or entity licensed or permitted by the 669
division, or applying for a license or permit, must create and 670
maintain an account with the division's online system and 671
provide an e-mail electronic mail address to the division to 672
function as the primary means of contact for all communication 673
by the division to the licensee , or permittee, or applicant. 674
Licensees, and permittees, and applicants are responsible for 675
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maintaining accurate contact information on file with the 676
division. A person or an entity seeking a licen se or permit from 677
the division must apply using forms prepared by the division and 678
filed through the division's online system before engaging in 679
any business for which a license or permit is required. The 680
division may not process an application for an alco holic 681
beverage license unless the application is submitted through the 682
division's online system. 683
Section 20. Section 569.00256, Florida Statutes, is 684
created to read: 685
569.00256 Account; online system. —A person or an entity 686
licensed or permitted by the division under this part, or 687
applying for a license or a permit, must create and maintain an 688
account with the division's online system and provide an e -mail 689
address to the division to function as the primary means of 690
contact for all communication by the d ivision to the licensee, 691
permittee, or applicant. Licensees, permittees, and applicants 692
are responsible for maintaining accurate contact information 693
with the division. A person or an entity seeking a license or 694
permit from the division must apply using for ms prepared by the 695
division and filed through the division's online system before 696
engaging in any business for which a license or permit is 697
required. The division may not process an application to deal, 698
at retail, in tobacco products unless the application is 699
submitted through the division's online system. 700
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Section 21. Section 569.3156, Florida Statutes, is created 701
to read: 702
569.3156 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 online 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 applican t. Licensees, permittees, and applicants 709
are responsible for maintaining accurate 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 t he 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 nicotine products unless the application is 716
submitted through the division's online sy stem. 717
Section 22. Paragraph (a) of subsection (4) of section 718
20.165, Florida Statutes, is amended to read: 719
20.165 Department of Business and Professional 720
Regulation.—There is created a Department of Business and 721
Professional Regulation. 722
(4)(a) The following boards and programs are established 723
within the Division of Professions: 724
1. Board of Architecture and Interior Design, created 725
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under part I of chapter 481. 726
2. Florida Board of Auctioneers, created under part VI of 727
chapter 468. 728
3. Barbers' Board, created under chapter 476. 729
4. Florida Building Code Administrators and Inspectors 730
Board, created under part XII of chapter 468. 731
5. Construction Industry Licensing Board, created under 732
part I of chapter 489. 733
6. Board of Cosmetology, created under chapter 477. 734
7. Electrical Contractors' Licensing Board, created under 735
part II of chapter 489. 736
8. Employee leasing companies licensing program Board of 737
Employee Leasing Companies , created under part XI of chapter 738
468. 739
9. Board of Landscape Architect ure, created under part II 740
of chapter 481. 741
10. Board of Pilot Commissioners, created under chapter 742
310. 743
11. Board of Professional Engineers, created under chapter 744
471. 745
12. Board of Professional Geologists, created under 746
chapter 492. 747
13. Board of Veterinary Medicine, created under chapter 748
474. 749
14. Home inspection services licensing program, created 750
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under part XV of chapter 468. 751
15. Mold-related services licensing program, created under 752
part XVI of chapter 468. 753
Section 23. Subsection (2) of se ction 210.16, Florida 754
Statutes, is amended to read: 755
210.16 Revocation or suspension of permit. — 756
(2) The division shall revoke the permit or permits of any 757
person who would be ineligible to obtain a new license or renew 758
a license by reason of any of the conditions for permitting 759
provided in s. 210.15(1)(d)1.-6. s. 210.15(1)(c)1.-6. 760
Section 24. Paragraph (uuu) of subsection (7) of section 761
212.08, Florida Statutes, is amended to read: 762
212.08 Sales, rental, use, consumption, distribution, and 763
storage tax; specified exemptions. —The sale at retail, the 764
rental, the use, the consumption, the distribution, and the 765
storage to be used or consumed in this state of the following 766
are hereby specifically exempt from the tax imposed by this 767
chapter. 768
(7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 769
entity by this chapter do not inure to any transaction that is 770
otherwise taxable under this chapter when payment is made by a 771
representative or employee of the entity by any means, 772
including, but not limited to, cash, check, or credit card, even 773
when that representative or employee is subsequently reimbursed 774
by the entity. In addition, exemptions provided to any entity by 775
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this subsection do not inure to any transaction that is 776
otherwise taxable under this chapter unless the entity has 777
obtained a sales tax exemption certificate from the department 778
or the entity obtains or provides other documentation as 779
required by the department. Eligible purchases or leases made 780
with such a certificate must be in strict complianc e with this 781
subsection and departmental rules, and any person who makes an 782
exempt purchase with a certificate that is not in strict 783
compliance with this subsection and the rules is liable for and 784
shall pay the tax. The department may adopt rules to adminis ter 785
this subsection. 786
(uuu) Small private investigative agencies. — 787
1. As used in this paragraph, the term: 788
a. "Private investigation services" has the same meaning 789
as "private investigation," as defined in s. 493.6101(17). 790
b. "Small private investigative agency" means a private 791
investigator licensed under s. 493.6201 which: 792
(I) Employs three or fewer full -time or part-time 793
employees, including those performing services pursuant to an 794
employee leasing arrangement as defined in s. 468.520(3) s. 795
468.520(4), in total; and 796
(II) During the previous calendar year, performed private 797
investigation services otherwise taxable under this chapter in 798
which the charges for the services performed were less than 799
$150,000 for all its businesses related thro ugh common 800
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ownership. 801
2. The sale of private investigation services by a small 802
private investigative agency to a client is exempt from the tax 803
imposed by this chapter. 804
3. The exemption provided by this paragraph may not apply 805
in the first calendar year a small private investigative agency 806
conducts sales of private investigation services taxable under 807
this chapter. 808
Section 25. Paragraph (a) of subsection (19) of section 809
440.02, Florida Statutes, is amended to read: 810
440.02 Definitions. —When used in this chapter, unless the 811
context clearly requires otherwise, the following terms shall 812
have the following meanings: 813
(19)(a) "Employer" means the state and all political 814
subdivisions thereof, all public and quasi -public corporations 815
therein, every person carrying on any employment, and the legal 816
representative of a deceased person or the receiver or trustees 817
of any person. The term also includes employee leasing 818
companies, as defined in s. 468.520(4) s. 468.520(5), and 819
employment agencies that provide thei r own employees to other 820
persons. If the employer is a corporation, parties in actual 821
control of the corporation, including, but not limited to, the 822
president, officers who exercise broad corporate powers, 823
directors, and all shareholders who directly or in directly own a 824
controlling interest in the corporation, are considered the 825
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employer for the purposes of ss. 440.105, 440.106, and 440.107. 826
Section 26. Section 448.26, Florida Statutes, is amended 827
to read: 828
448.26 Application. —Nothing in this part shal l exempt any 829
client of any labor pool or temporary help arrangement entity as 830
defined in s. 468.520(3)(a) s. 468.520(4)(a) or any assigned 831
employee from any other license requirements of state, local, or 832
federal law. Any employee assigned to a client who i s licensed, 833
registered, or certified pursuant to law shall be deemed an 834
employee of the client for such licensure purposes but shall 835
remain an employee of the labor pool or temporary help 836
arrangement entity for purposes of chapters 440 and 443. 837
Section 27. Subsection (2) of section 468.520, Florida 838
Statutes, is amended to read: 839
468.520 Definitions. —As used in this part: 840
(2) "Board" means the Board of Employee Leasing Companies. 841
Section 28. Section 468.522, Florida Statutes, is amended 842
to read: 843
468.522 Rules of the board.—The department may board has 844
authority to adopt rules pursuant to ss. 120.536(1) and 120.54 845
to implement the provisions of this part. Every licensee shall 846
be governed and controlled by this part and the rules adopted by 847
the department board. 848
Section 29. Subsections (2) and (4) of section 468.524, 849
Florida Statutes, are amended to read: 850
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468.524 Application for license. — 851
(2) The department board may require information and 852
certifications necessary to determine that the appl icant is of 853
good moral character and meets other licensure requirements of 854
this part. 855
(4) An applicant or licensee is ineligible to reapply for 856
a license for a period of 1 year following final agency action 857
on the denial or revocation of a license applie d for or issued 858
under this part. This time restriction does not apply to 859
administrative denials or revocations entered because: 860
(a) The applicant or licensee has made an inadvertent 861
error or omission on the application; 862
(b) The experience documented to the department board was 863
insufficient at the time of the previous application; 864
(c) The department is unable to complete the criminal 865
background investigation because of insufficient information 866
from the Florida Department of Law Enforcement, the Federal 867
Bureau of Investigation, or any other applicable law enforcement 868
agency; 869
(d) The applicant or licensee has failed to submit 870
required fees; or 871
(e) An applicant or licensed employee leasing company has 872
been deemed ineligible for a license because of the lack of good 873
moral character of an individual or individuals when such 874
individual or individuals are no longer employed in a capacity 875
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that would require their licensing under this part. 876
Section 30. Section 468.5245, Florida Statutes, is amended 877
to read: 878
468.5245 Change of ownership. — 879
(1) A license or registration issued to any entity under 880
this part may not be transferred or assigned. The department 881
board shall adopt rules to provide for a licensee's or 882
registrant's change of name or location. 883
(2) A person or entity that seeks to purchase or acquire 884
control of an employee leasing company or group licensed or 885
registered under this part must first apply to the department 886
board for a certificate of approval for the proposed change of 887
ownership. However, prior approval is not required if, at the 888
time the purchase or acquisition occurs, a controlling person of 889
the employee leasing company or gro up maintains a controlling 890
person license under this part. Notification must be provided to 891
the department board within 30 days after the purchase or 892
acquisition of such company in the manner prescribed by the 893
department board. 894
(3) Any application that i s submitted to the department 895
board under this section is shall be deemed approved if the 896
department board has not approved the application or rejected 897
the application, and provided the applicant with the basis for a 898
rejection, within 90 days after the rec eipt of the completed 899
application. 900
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(4) The department board shall establish filing fees for a 901
change-of-ownership application in accordance with s. 902
468.524(1). 903
Section 31. Subsections (2) and (3) of section 468.525, 904
Florida Statutes, are amended to r ead: 905
468.525 License requirements. — 906
(2)(a) As used in this part, "good moral character" means 907
a personal history of honesty, trustworthiness, fairness, a good 908
reputation for fair dealings, and respect for the rights of 909
others and for the laws of this s tate and nation. A thorough 910
background investigation of the individual's good moral 911
character shall be instituted by the department. Such 912
investigation shall require: 913
1. The submission of fingerprints, for processing through 914
appropriate law enforcement a gencies, by the applicant and the 915
examination of police records by the department board. 916
2. Such other investigation of the individual as the 917
department board may deem necessary. 918
(b) The department board may deny an application for 919
licensure or renewal citing lack of good moral character. 920
Conviction of a crime within the last 7 years does shall not 921
automatically bar any applicant or licensee from obtaining a 922
license or continuing as a licensee. The department board shall 923
consider the type of crime committed, the crime's relevancy to 924
the employee leasing industry, the length of time since the 925
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conviction and any other factors deemed relevant by the 926
department board. 927
(3) Each employee leasing company licens ed by the 928
department shall have a registered agent for service of process 929
in this state and at least one licensed controlling person. In 930
addition, each licensed employee leasing company shall comply 931
with the following requirements: 932
(a) The employment rel ationship with workers provided by 933
the employee leasing company to a client company shall be 934
established by written agreement between the leasing company and 935
the client, and written notice of that relationship shall be 936
given by the employee leasing company to each worker who is 937
assigned to perform services at the client company's worksite. 938
(b) An applicant for an initial employee leasing company 939
license shall have a tangible accounting net worth of not less 940
than $50,000. 941
(c) An applicant for initial or renewal license of an 942
employee leasing company license or employee leasing company 943
group shall have an accounting net worth or shall have 944
guaranties, letters of credit, or other security acceptable to 945
the department board in sufficient amounts to offset an y 946
deficiency. A guaranty will not be acceptable to satisfy this 947
requirement unless the applicant submits sufficient evidence to 948
satisfy the department board that the guarantor has adequate 949
resources to satisfy the obligation of the guaranty. 950
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(d) Each employee leasing company shall maintain an 951
accounting net worth and positive working capital, as determined 952
in accordance with generally accepted accounting principles, or 953
shall have guaranties, letters of credit, or other security 954
acceptable to the department board in sufficient amounts to 955
offset any deficiency. A guaranty will not be acceptable to 956
satisfy this requirement unless the licensee submits sufficient 957
evidence, as defined by rule, that the guarantor has adequate 958
resources to satisfy the obligation o f the guaranty. In 959
determining the amount of working capital, a licensee shall 960
include adequate reserves for all taxes and insurance, including 961
plans of self-insurance or partial self -insurance for claims 962
incurred but not paid and for claims incurred but n ot reported. 963
Compliance with the requirements of this paragraph is subject to 964
verification by department or board audit. 965
(e) Each employee leasing company or employee leasing 966
company group shall submit annual financial statements audited 967
by an independent certified public accountant, with the 968
application and within 120 days after the end of each fiscal 969
year, in a manner and time prescribed by the department board, 970
provided however, that any employee leasing company or employee 971
leasing company group with g ross Florida payroll of less than 972
$2.5 million during any fiscal year may submit financial 973
statements reviewed by an independent certified public 974
accountant for that year. 975
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(f) The licensee shall notify the department or board in 976
writing within 30 days af ter any change in the application or 977
status of the license. 978
(g) Each employee leasing company or employee leasing 979
company group shall maintain accounting and employment records 980
relating to all employee leasing activities for a minimum of 3 981
calendar years. 982
Section 32. Subsections (3) and (5) of section 468.526, 983
Florida Statutes, are amended to read: 984
468.526 License required; fees. — 985
(3) Each employee leasing company and employee leasing 986
company group licensee shall pay to the department upon the 987
initial issuance of a license and upon each renewal thereafter a 988
license fee not to exceed $2,500 to be established by the 989
department board. In addition to the license fee, the department 990
board shall establish an annual assessment for each employee 991
leasing company and each employee leasing company group 992
sufficient to cover all costs for regulation of the profession 993
pursuant to this chapter, chapter 455, and any other applicable 994
provisions of law. The annual assessment shall: 995
(a) Be due and payable upon initi al licensure and 996
subsequent renewals thereof and 1 year before the expiration of 997
any licensure period; and 998
(b) Be based on a fixed percentage, variable classes, or a 999
combination of both, as determined by the department board, of 1000
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gross Florida payroll for employees leased to clients by the 1001
applicant or licensee during the period beginning five quarters 1002
before and ending one quarter before each assessment. It is the 1003
intent of the Legislature that the greater weight of total fees 1004
for licensure and assessment s should be on larger companies and 1005
groups. 1006
(5) Each controlling person licensee shall pay to the 1007
department upon the initial issuance of a license and upon each 1008
renewal thereafter a license fee to be established by the 1009
department board in an amount not to exceed $2,000. 1010
Section 33. Subsection (1) of section 468.527, Florida 1011
Statutes, is amended to read: 1012
468.527 Licensure and license renewal. — 1013
(1) The department shall license any applicant who the 1014
department board certifies is qualified to practice employee 1015
leasing as an employee leasing company, employee leasing company 1016
group, or controlling person. 1017
Section 34. Subsection (2) of section 468.5275, Florida 1018
Statutes, is amended to read: 1019
468.5275 Registration an d exemption of de minimis 1020
operations.— 1021
(2) A registration is valid for 1 year. Each registrant 1022
shall pay to the department upon initial registration, and upon 1023
each renewal thereafter, a registration fee to be established by 1024
the department board in an amount not to exceed: 1025
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(a) Two hundred and fifty dollars for an employee leasing 1026
company. 1027
(b) Five hundred dollars for an employee leasing company 1028
group. 1029
Section 35. Subsections (2), (4), and (5) of section 1030
468.529, Florida Statutes, are amended to rea d: 1031
468.529 Licensee's insurance; employment tax; benefit 1032
plans.— 1033
(2) An initial or renewal license may not be issued to any 1034
employee leasing company unless the employee leasing company 1035
first files with the department board evidence of workers' 1036
compensation coverage for all leased employees in this state. 1037
Each employee leasing company shall maintain and make available 1038
to its workers' compensation carrier the following information: 1039
(a) The correct name and federal identification number of 1040
each client company. 1041
(b) A listing of all covered employees provided to each 1042
client company, by classification code. 1043
(c) The total eligible wages by classification code and 1044
the premiums due to the carrier for the employees provided to 1045
each client company. 1046
(4) An initial or renewal license may not be issued to any 1047
employee leasing company unless the employee leasing company 1048
first provides evidence to the department board, as required by 1049
department board rule, that the employee leasing company has 1050
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paid all of the employee leasing company's obligations for 1051
payroll, payroll-related taxes, workers' compensation insurance, 1052
and employee benefits. All disputed amounts must be disclosed in 1053
the application. 1054
(5) The provisions of this section are subject to 1055
verification by department or board audit. 1056
Section 36. Subsections (3) and (4) of section 468.530, 1057
Florida Statutes, are amended to read: 1058
468.530 License, contents; posting. — 1059
(3) No license shall be valid for any person or entity who 1060
engages in the business under a ny name other than that specified 1061
in the license. A license issued under this part is shall not be 1062
assignable, and no licensee may conduct a business under a 1063
fictitious name without prior written authorization of the 1064
department board to do so. The department board may not 1065
authorize the use of a name which is so similar to that of a 1066
public officer or agency, or of that used by another licensee, 1067
that the public may be confused or misled thereby. No licensee 1068
shall be permitted to conduct business under more than one name 1069
unless it has obtained a separate license. A licensee desiring 1070
to change its licensed name at any time except upon license 1071
renewal shall notify the department board and pay a fee not to 1072
exceed $50 for each authorized change of name. 1073
(4) Each employee leasing company or employee leasing 1074
company group licensed under this part shall be properly 1075
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identified in all advertisements, which must include the license 1076
number, licensed business name, and other appropriate 1077
information in accordance w ith department rules established by 1078
the board. 1079
Section 37. Subsection (1) of section 468.531, Florida 1080
Statutes, is amended to read: 1081
468.531 Prohibitions; penalties. — 1082
(1) No person or entity shall: 1083
(a) Practice or offer to practice as an employee leasing 1084
company, an employee leasing company group, or a controlling 1085
person unless such person or entity is licensed pursuant to this 1086
part; 1087
(b) Practice or offer to practice as an employee leasing 1088
company or employee leasing company group unless all cont rolling 1089
persons thereof are licensed pursuant to this part; 1090
(c) Use the name or title "licensed employee leasing 1091
company," "employee leasing company," "employee leasing company 1092
group," "professional employer," "professional employer 1093
organization," "contr olling person," or words that would tend to 1094
lead one to believe that such person or entity is registered 1095
pursuant to this part, when such person or entity has not 1096
registered pursuant to this part; 1097
(d) Present as his or her own or his or her entity's own 1098
the license of another; 1099
(e) Knowingly give false or forged evidence to the 1100
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department board or a member thereof ; or 1101
(f) Use or attempt to use a license that has been 1102
suspended or revoked. 1103
Section 38. Subsections (1), (2), and (4) of section 1104
468.532, Florida Statutes, are amended to read: 1105
468.532 Discipline. — 1106
(1) The following constitute grounds for which 1107
disciplinary action against a licensee may be taken by the 1108
department board: 1109
(a) Being convicted or found guilty of, or entering a plea 1110
of nolo contendere to, regardless of adjudication, bribery, 1111
fraud, or willful misrepresentation in obtaining, attempting to 1112
obtain, or renewing a license. 1113
(b) Being convicted or found guilty of, or entering a plea 1114
of nolo contendere to, regardless of adjudi cation, a crime in 1115
any jurisdiction which relates to the operation of an employee 1116
leasing business or the ability to engage in business as an 1117
employee leasing company. 1118
(c) Being convicted or found guilty of, or entering a plea 1119
of nolo contendere to, rega rdless of adjudication, fraud, 1120
deceit, or misconduct in the classification of employees 1121
pursuant to chapter 440. 1122
(d) Being convicted or found guilty of, or entering a plea 1123
of nolo contendere to, regardless of adjudication, fraud, 1124
deceit, or misconduct in the establishment or maintenance of 1125
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self-insurance, be it health insurance or workers' compensation 1126
insurance. 1127
(e) Being convicted or found guilty of, or entering a plea 1128
of nolo contendere to, regardless of adjudication, fraud, 1129
deceit, or misconduct in the operation of an employee leasing 1130
company. 1131
(f) Conducting business without an active license. 1132
(g) Failing to maintain workers' compensation insurance as 1133
required in s. 468.529. 1134
(h) Transferring or attempting to transfer a license 1135
issued pursuant to this part. 1136
(i) Violating any provision of this part or any lawful 1137
order or rule issued under the provisions of this part or 1138
chapter 455. 1139
(j) Failing to notify the department board, in writing, of 1140
any change of the primary business address or the addr esses of 1141
any of the licensee's offices in the state. 1142
(k) Having been confined in any county jail, 1143
postadjudication, or being confined in any state or federal 1144
prison or mental institution, or when through mental disease or 1145
deterioration, the licensee can no longer safely be entrusted to 1146
deal with the public or in a confidential capacity. 1147
(l) Having been found guilty for a second time of any 1148
misconduct that warrants suspension or being found guilty of a 1149
course of conduct or practices which shows that the licensee is 1150
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so incompetent, negligent, dishonest, or untruthful that the 1151
money, property, transactions, and rights of investors, or those 1152
with whom the licensee may sustain a confidential relationship, 1153
may not safely be entrusted to the licensee. 1154
(m) Failing to inform the department board in writing 1155
within 30 days after being convicted or found guilty of, or 1156
entering a plea of nolo contendere to, any felony, regardless of 1157
adjudication. 1158
(n) Failing to conform to any lawful order of the 1159
department board. 1160
(o) Being determined liable for civil fraud by a court in 1161
any jurisdiction. 1162
(p) Having adverse material final action taken by any 1163
state or federal regulatory agency for violations within the 1164
scope of control of the licensee. 1165
(q) Failing to inform the department board in writing 1166
within 30 days after any adverse material final action by a 1167
state or federal regulatory agency. 1168
(r) Failing to meet or maintain the requirements for 1169
licensure as an employee leasing company or controlling person. 1170
(s) Engaging as a controlling person any person who is not 1171
licensed as a controlling person by the department board. 1172
(t) Attempting to obtain, obtaining, or renewing a license 1173
to practice employee leasing by bribery, misrepresentation, or 1174
fraud. 1175
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(2) When the department board finds any violation of 1176
subsection (1), it may do one or more of the following: 1177
(a) Deny an application for licensure. 1178
(b) Permanently revoke, suspend, restrict, or not renew a 1179
license. 1180
(c) Impose an administrative fine not to exceed $5, 000 for 1181
every count or separate offense. 1182
(d) Issue a reprimand. 1183
(e) Place the licensee on probation for a period of time 1184
and subject to such conditions as the department board may 1185
specify. 1186
(f) Assess costs associated with investigation and 1187
prosecution. 1188
(4) The department board shall specify the penalties for 1189
any violation of this part. 1190
Section 39. Paragraph (a) of subsection (6) of section 1191
476.144, Florida Statutes, is amended to read: 1192
476.144 Licensure.— 1193
(6) A person may apply for a restricted license to 1194
practice barbering. The board shall adopt rules specifying 1195
procedures for an applicant to obtain a restricted license if 1196
the applicant: 1197
(a)1. Has successfully completed a restricted barber 1198
course, as established by rule of the board , at a school of 1199
barbering licensed pursuant to chapter 1005, a barbering program 1200
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within the public school system, or a government -operated 1201
barbering program in this state; or 1202
2.a. Holds or has within the previous 5 years held an 1203
active valid license to practice barbering in another state or 1204
country or has held a Florida barbering license which has been 1205
declared null and void for failure to renew the license, and the 1206
applicant fulfilled the requirements of s. 476.114(2)(c) s. 1207
476.114(2)(c)2. for initial licensure; and 1208
b. Has not been disciplined relating to the practice of 1209
barbering in the previous 5 years; and 1210
1211
The restricted license shall limit the licensee's practice to 1212
those specific areas in which the applicant has demonstrated 1213
competence pursuant t o rules adopted by the board. 1214
Section 40. Paragraph (a) of subsection (2) of section 1215
627.192, Florida Statutes, is amended to read: 1216
627.192 Workers' compensation insurance; employee leasing 1217
arrangements.— 1218
(2) For purposes of the Florida Insurance C ode: 1219
(a) "Employee leasing" shall have the same meaning as set 1220
forth in s. 468.520(3) s. 468.520(4). 1221
Section 41. This act shall take effect July 1, 2024. 1222