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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 tobac co 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; autho rizing 19
the division to reduce a bond amount upon a showing of 20
good cause; defining terms; prohibiting the division 21
from reducing a bond amount under specified 22
circumstances; requiring the division to notify 23
distributors in writing if their corporate surety bond 24
requirements change; providing applicability; 25
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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
amending s. 468.521, F.S.; authorizing the department 43
to exercise all powers and duties granted to the Board 44
of Employee Leasing Companies if the board lacks the 45
number of appointed members needed to constitute a 46
quorum; amending s. 469.006, F.S.; revising 47
requirements for department rules governing evidence 48
of financial responsibility of applicants seeking 49
licensure as a business organization under ch. 469, 50
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F.S.; amending s. 471.003, F.S.; expanding an 51
exemption from certain engineering licensing 52
requirements under ch. 471, F.S., to include regular 53
full-time employees of certain business organizations, 54
rather than regular full-time employees of certain 55
corporations licensed under ch. 471, F.S.; amending s. 56
473.306, F.S.; requiring applicants for the 57
accountancy licensure examination to create and 58
maintain an online account with the department and 59
provide an e-mail address; requiring applicants to 60
maintain the accuracy of their contact information; 61
requiring that address changes be submitted through 62
the department's online system within a specified 63
timeframe; conforming cross -references; amending s. 64
473.308, F.S.; requiring a person seeking licensure as 65
a Florida certified public accountant, or a firm 66
seeking to engage in public accountancy, to create and 67
maintain an online account with the department and 68
provide an e-mail address; requiring certified public 69
accountants and accounting firms to maintain the 70
accuracy of their contact information; requiring that 71
address changes be submitted through the department's 72
online system within a specified timeframe; amending 73
s. 476.114, F.S.; revising eligibility requirements 74
for licensure as a barber; making technical changes; 75
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amending s. 477.019, F.S.; revising eligibility 76
requirements for licensure by examination to practice 77
cosmetology; amending s. 489.131, F.S.; revising the 78
types of penalties that may be recommended by a lo cal 79
jurisdiction enforcement body against a contractor; 80
specifying requirements for any such recommended 81
penalties; amending s. 489.143, F.S.; revising payment 82
limitations for payments made from the department's 83
Florida Homeowners' Construction Recovery Fu nd; 84
amending s. 489.505, F.S.; revising the definition of 85
the term "specialty contractor"; amending s. 499.012, 86
F.S.; revising requirements for certification as a 87
designated representative of a prescription drug 88
wholesale distributor; amending s. 561.15, F .S.; 89
revising the requirements for the issuance of a 90
license under the Beverage Law; making technical 91
changes; amending s. 561.17, F.S.; requiring persons 92
or entities licensed or permitted by the Division of 93
Alcoholic Beverages and Tobacco, or applying for such 94
license or permit, to create and maintain an account 95
with the division's online system; specifying 96
application requirements; prohibiting the division 97
from processing applications not submitted through the 98
online system; creating ss. 569.00256 and 569 .3156, 99
F.S.; requiring certain persons or entities licensed 100
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or permitted by the division, or applying for such a 101
license or permit, to create and maintain an account 102
with the division's online system; requiring 103
licensees, permittees, and applicants to prov ide the 104
division with an e-mail address and maintain accurate 105
contact information; specifying application 106
requirements; prohibiting the division from processing 107
applications not submitted through the online system; 108
amending ss. 210.16 and 476.144, F.S.; co nforming 109
cross-references; providing an effective date. 110
111
Be It Enacted by the Legislature of the State of Florida: 112
113
Section 1. Present paragraphs (a) through (h) of 114
subsection (1) of section 210.15, Florida Statutes, are 115
redesignated as paragraph s (b) through (i), respectively, and a 116
new paragraph (a) is added to that subsection, to read: 117
210.15 Permits.— 118
(1) 119
(a) A person or an entity licensed or permitted by the 120
division, or applying for a license or a permit, must create and 121
maintain an account with the division's online system and 122
provide an e-mail address to the division to function as the 123
primary means of contact for all communication by the division 124
to the licensee, permittee, or applicant. Licensees, permittees, 125
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and applicants are respo nsible for maintaining accurate contact 126
information on file with the division. A person or an entity 127
seeking a license or permit under this part must apply using 128
forms furnished by the division which are filed through the 129
division's online system before co mmencing operations. The 130
division may not process an application for a license or permit 131
issued by the division under this part unless the application is 132
submitted through the division's online system. 133
Section 2. Section 210.32, Florida Statutes, is cr eated to 134
read: 135
210.32 Account; online system. —A person or an entity 136
licensed or permitted by the division, or applying for a license 137
or a permit, must create and maintain an account with the 138
division's online system and provide an e -mail address to the 139
division to function as the primary means of contact for all 140
communication by the division to the licensee, permittee, or 141
applicant. Licensees, permittees, and applicants are responsible 142
for maintaining accurate contact information on file with the 143
division. A person or an entity seeking a license or a permit 144
under this part must apply using forms furnished by the division 145
which are filed through the division's online system before 146
commencing operations. The division may not process an 147
application for a lice nse or permit issued by the division under 148
this part unless the application is submitted through the 149
division's online system. 150
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Section 3. Section 210.40, Florida Statutes, is amended to 151
read: 152
210.40 License fees; surety bond; application for each 153
place of business.— 154
(1) Each application for a distributor's license must 155
shall be accompanied by a fee of $25. The application must shall 156
also be accompanied by a corporate surety bond issued by a 157
surety company authorized to do business in this state, 158
conditioned for the payment when due of all taxes, penalties, 159
and accrued interest which may be due the state. The initial 160
corporate surety bond shall be in the sum of $25,000 $1,000 and 161
in a form prescribed by the division. 162
(a) The division shall review th e amount of a corporate 163
surety bond on a semiannual basis to ensure that the bond amount 164
is adequate to protect the state. 165
(b) The division may increase the corporate surety bond 166
amount before renewing a distributor's license or after 167
completing its semiannual review of the bond amount. 168
(c) The corporate surety bond amount may be increased to 169
the sum of the distributor's highest month of final audited tax 170
liabilities, penalties, and accrued interest which are due to 171
the state. 172
(2) A corporate surety bond, with the sum determined by 173
the division in accordance with paragraph (1)(c), is required 174
for renewal of a distributor's license. 175
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(3) The division may prescribe by rule increases in the 176
corporate surety bond amounts required as a condition of 177
licensure. 178
(4)(a) The division may reduce the amount of a corporate 179
surety bond upon a distributor's showing of good cause. For 180
purposes of this subsection, the term: 181
1. "Fully resolved" means that criminal or administrative 182
charges or investigations have been definitively closed or 183
dismissed, have resulted in an acquittal, or have otherwise 184
ended in such a manner that no further legal or administrative 185
actions relating to charges or investigations are pending 186
against a licensee under applicable laws, rules, or regulations. 187
2. "Good cause" means a consistent pattern of responsible 188
financial behavior by the distributor over a period of at least 189
the preceding 4 years, and having the sum of the distributor's 190
final audited tax liabilities , penalties, and interest be less 191
than the amount of the distributor's corporate surety bond for 192
every month for a period of at least the preceding 4 years. 193
3. "Responsible financial behavior" includes the timely 194
and complete reporting and payment of all tax liabilities, 195
penalties, and accrued interest due to the state for a period of 196
at least the preceding 4 years. 197
(b) The division may not reduce a corporate surety bond 198
amount when a licensee: 199
1. Is in default of any tax liabilities, penalties, or 200
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interest due to the state; 201
2. Is the subject of a pending criminal prosecution in any 202
jurisdiction until such prosecution has been fully resolved; 203
3. Has pending administrative charges brought by an 204
authorized regulatory body or agency which have not bee n fully 205
resolved in accordance with applicable rules and procedures; or 206
4. Is under investigation by any administrative body or 207
agency for potential criminal violations until any such 208
investigation is completed and the findings of the investigation 209
have been fully resolved in accordance with applicable law. 210
(5) The division shall notify a distributor in writing of 211
any change in the distributor's corporate surety bond 212
requirements by the date on which the distributor's audited tax 213
assessments become fina l. 214
(6) The provisions of this section governing corporate 215
surety bonds are not subject to s. 120.60 Whenever it is the 216
opinion of the division that the bond given by a licensee is 217
inadequate in amount to fully protect the state, the division 218
shall require an additional bond in such amount as is deemed 219
sufficient. 220
(7) A separate application for a license must shall be 221
made for each place of business at which a distributor proposes 222
to engage in business as a distributor under this part, but an 223
applicant may provide one corporate surety bond in an amount 224
determined by the division for all applications made by the 225
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distributor consistent with the requirements of this section . 226
(8) The division may adopt rules to administer this 227
section. 228
Section 4. Paragraph (d) of subsection (3) of section 229
310.0015, Florida Statutes, is amended to read: 230
310.0015 Piloting regulation; general provisions. — 231
(3) The rate-setting process, the issuance of licenses 232
only in numbers deemed necessary or prudent by the board, and 233
other aspects of the economic regulation of piloting established 234
in this chapter are intended to protect the public from the 235
adverse effects of unrestricted competition which would result 236
from an unlimited number of licensed pilots being allowed to 237
market their services on the basis of lower prices rather than 238
safety concerns. This system of regulation benefits and protects 239
the public interest by maximizing safety, avoiding uneconomic 240
duplication of capital expenses and facilities, and en hancing 241
state regulatory oversight. The system seeks to provide pilots 242
with reasonable revenues, taking into consideration the normal 243
uncertainties of vessel traffic and port usage, sufficient to 244
maintain reliable, stable piloting operations. Pilots have 245
certain restrictions and obligations under this system, 246
including, but not limited to, the following: 247
(d)1. The pilot or pilots in a port shall train and 248
compensate all member deputy pilots in that port. Failure to 249
train or compensate such deputy pilots constitutes shall 250
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constitute a ground for disciplinary action under s. 310.101. 251
Nothing in this subsection may shall be deemed to create an 252
agency or employment relationship between a pilot or deputy 253
pilot and the pilot or pilots in a port. 254
2. The pilot or pilots in a port shall establish a 255
competency-based mentor program by which minority persons as 256
defined in s. 288.703 may acquire the skills for the 257
professional preparation and education competency requirements 258
of a licensed state pilot or certificated deputy pilot. The 259
department shall provide the Governor, the President of the 260
Senate, and the Speaker of the House of Representatives with a 261
report each year on the number of minority persons as defined in 262
s. 288.703 who have participated in each mentor pr ogram, who are 263
licensed state pilots or certificated deputy pilots, and who 264
have applied for state pilot licensure or deputy pilot 265
certification. 266
Section 5. Subsection (2) of section 310.081, Florida 267
Statutes, is amended to read: 268
310.081 Department t o examine and license state pilots and 269
certificate deputy pilots; vacancies. — 270
(2) The department shall similarly examine persons who 271
file applications for certificate as deputy pilot, and, if upon 272
examination to determine proficiency the department finds them 273
qualified, the department must shall certify as qualified all 274
applicants who pass the examination, provided that not more than 275
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five persons who passed the examination are certified for each 276
declared opening. If more than five applicants per opening p ass 277
the examination, the persons having the highest scores must 278
shall be certified as qualified up to the number of openings 279
times five. The department shall give consideration to the 280
minority and female status of applicants when qualifying deputy 281
pilots, in the interest of ensuring diversification within the 282
state piloting profession. The department shall appoint and 283
certificate such number of deputy pilots from those applicants 284
deemed qualified as in the discretion of the board are required 285
in the respective ports of the state. A deputy pilot shall be 286
authorized by the department to pilot vessels within the limits 287
and specifications established by the licensed state pilots at 288
the port where the deputy is appointed to serve. 289
Section 6. Section 399.18, F lorida Statutes, is created to 290
read: 291
399.18 Online services account. — 292
(1) A certified elevator inspector, certified elevator 293
technician, or registered elevator company; a person or entity 294
seeking to become certified or registered as such; a person who 295
has been issued an elevator certificate of competency; a person 296
who is seeking such certificate; a person or entity who has been 297
issued an elevator certificate of operation; and a person or 298
entity who is seeking such a certificate must create and 299
maintain an online account with the division and provide an e -300
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mail address to the division to function as the primary means of 301
contact for all communication from the division. Each person or 302
entity is responsible for maintaining accurate contact 303
information on file with the division. 304
(2) The division shall adopt rules to implement this 305
section. 306
Section 7. Subsection (4) is added to section 468.521, 307
Florida Statutes, to read: 308
468.521 Board of Employee Leasing Companies; membership; 309
appointments; terms. — 310
(4) If at any time a sufficient number of appointed board 311
members does not exist to constitute a quorum pursuant to s. 312
455.207, the department may, only during the absence of such 313
quorum, exercise all powers and duties granted to the board 314
pursuant to chapter 455 and this chapter. 315
Section 8. Paragraph (c) of subsection (2) of section 316
469.006, Florida Statutes, is amended to read: 317
469.006 Licensure of business organizations; qualifying 318
agents.— 319
(2) 320
(c) As a prerequisite to the issuance of a license under 321
this section, the applicant shall submit the following: 322
1. An affidavit on a form provided by the department 323
attesting that the applicant has obtained workers' compensation 324
insurance as required by chapter 440, public liability 325
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insurance, and property damage insurance, in amounts determined 326
by department rule. The department shall establish by rule a 327
procedure to verify the accuracy of such affidavits based upon a 328
random sample method. 329
2. Evidence of financial responsibility. The department 330
shall adopt rules to determine financial responsibility which 331
must shall specify grounds on which the department may deny 332
licensure. Such criteria must shall include, but is not be 333
limited to, credit history and limits of bondability and credit . 334
Section 9. Paragraph (c) of subsection (2) of section 335
471.003, Florida Statutes, is amended to read: 336
471.003 Qualifications for practice; exemptions. — 337
(2) The following persons are not required to be licensed 338
under the provisions of this chapter as a licensed eng ineer: 339
(c) Regular full-time employees of a business organization 340
corporation not engaged in the practice of engineering as such, 341
whose practice of engineering for such business organization 342
corporation is limited to the design or fabrication of 343
manufactured products and servicing of such products. 344
Section 10. Section 473.306, Florida Statutes, is amended 345
to read: 346
473.306 Examinations. — 347
(1) A person desiring to be licensed as a Florida 348
certified public accountant shall apply to the department to 349
take the licensure examination. 350
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(2) A person applying to the department to take the 351
licensure examination must create and maintain an online account 352
with the department and provide an e -mail address to function as 353
the primary means of contact for all comm unication to the 354
applicant from the department. Each applicant is responsible for 355
maintaining accurate contact information on file with the 356
department and must submit any change in the applicant's e -mail 357
address or home address within 30 days after the cha nge. All 358
changes must be submitted through the department's online 359
system. 360
(3) An applicant is entitled to take the licensure 361
examination to practice in this state as a certified public 362
accountant if: 363
(a) The applicant has completed 120 semester hours or 180 364
quarter hours from an accredited college or university with a 365
concentration in accounting and business courses as specified by 366
the board by rule; and 367
(b) The applicant shows that she or he has good moral 368
character. For purposes of this paragraph, the term "good moral 369
character" has the same meaning as provided in s. 473.308(7)(a) 370
s. 473.308(6)(a). The board may refuse to allow an applicant to 371
take the licensure examination for failure to satisfy this 372
requirement if: 373
1. The board finds a reasonabl e relationship between the 374
lack of good moral character of the applicant and the 375
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professional responsibilities of a certified public accountant; 376
and 377
2. The finding by the board of lack of good moral 378
character is supported by competent substantial evidenc e. 379
380
If an applicant is found pursuant to this paragraph to be 381
unqualified to take the licensure examination because of a lack 382
of good moral character, the board shall furnish to the 383
applicant a statement containing the findings of the board, a 384
complete record of the evidence upon which the determination was 385
based, and a notice of the rights of the applicant to a 386
rehearing and appeal. 387
(4)(3) The board shall have the authority to establish the 388
standards for determining and shall determine: 389
(a) What constitutes a passing grade for each subject or 390
part of the licensure examination; 391
(b) Which educational institutions, in addition to the 392
universities in the State University System of Florida, shall be 393
deemed to be accredited colleges or universities; 394
(c) What courses and number of hours constitute a major in 395
accounting; and 396
(d) What courses and number of hours constitute additional 397
accounting courses acceptable under s. 473.308(4) s. 473.308(3). 398
(5)(4) The board may adopt an alternative licensure 399
examination for persons who have been licensed to practice 400
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public accountancy or its equivalent in a foreign country so 401
long as the International Qualifications Appraisal Board of the 402
National Association of State Boards of Accountancy has ratified 403
an agreement with that country for reciprocal licensure. 404
(6)(5) For the purposes of maintaining the proper 405
educational qualifications for licensure under this chapter, the 406
board may appoint an Educational Advisory Committee, which shall 407
be composed of one member of the board, two persons in public 408
practice who are licensed under this chapter, and four 409
academicians on faculties of universities in this state. 410
Section 11. Present subsections (3) through (9) of section 411
473.308, Florida Statutes, are redesignated as subsections (4) 412
through (10), respectively, a new subsection (3) is added to 413
that section, and subsection (2), paragraph (b) of present 414
subsection (4), and present subsection (8) of that section are 415
amended, to read: 416
473.308 Licensure.— 417
(2) The board shall certify for licensure any applicant 418
who successfully passes the licensure examination and satisfies 419
the requirements of subsections (4), (5), and (6) (3), (4), and 420
(5), and shall certify for licensure any firm that satisfies the 421
requirements of ss. 473.309 and 473.3101. The board may refuse 422
to certify any applicant or firm that has violated any of the 423
provisions of s. 473.322. 424
(3) A person desiring to be licensed as a Florida 425
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certified public accountant or a firm desiring to engage in the 426
practice of public accounting must create and maintain an online 427
account with the department and provide an e -mail address to 428
function as the primary means of contact for all communication 429
from the department. Certified public accountants and firms are 430
responsible for maintaining accurate contact information on file 431
with the department and must submit any change in an e -mail 432
address or street address within 30 days after the change. All 433
changes must be submitted through t he department's online 434
system. 435
(5)(4) 436
(b) However, an applicant who completed the requirements 437
of subsection (4) (3) on or before December 31, 2008, and who 438
passes the licensure examination on or before June 30, 2010, is 439
exempt from the requirements of this subsection. 440
(9)(8) If the applicant has at least 5 years of experience 441
in the practice of public accountancy in the United States or in 442
the practice of public accountancy or its equivalent in a 443
foreign country that the International Qualifications A ppraisal 444
Board of the National Association of State Boards of Accountancy 445
has determined has licensure standards that are substantially 446
equivalent to those in the United States, or has at least 5 447
years of work experience that meets the requirements of 448
subsection (5) (4), the board must shall waive the requirements 449
of subsection (4) (3) which are in excess of a baccalaureate 450
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degree. All experience that is used as a basis for waiving the 451
requirements of subsection (4) (3) must be while licensed as a 452
certified public accountant by another state or territory of the 453
United States or while licensed in the practice of public 454
accountancy or its equivalent in a foreign country that the 455
International Qualifications Appraisal Board of the National 456
Association of State Boards of Accountancy has determined has 457
licensure standards that are substantially equivalent to those 458
in the United States. The board shall have the authority to 459
establish the standards for experience that meet this 460
requirement. 461
Section 12. Subsectio ns (2) and (3) of section 476.114, 462
Florida Statutes, are amended to read: 463
476.114 Examination; prerequisites. — 464
(2) An applicant is shall be eligible for licensure by 465
examination to practice barbering if the applicant: 466
(a) Is at least 16 years of age; 467
(b) Pays the required application fee; and 468
(c)1. Holds an active valid license to practice barbering 469
in another state, has held the license for at least 1 year, and 470
does not qualify for licensure by endorsement as provided for in 471
s. 476.144(5); or 472
2. Has received a minimum of 900 hours of training in 473
sanitation, safety, and laws and rules, as established by the 474
board, which must shall include, but is shall not be limited to, 475
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the equivalent of completion of services directly related to the 476
practice of barbering at one of the following: 477
1.a. A school of barbering licensed pursuant to chapter 478
1005; 479
2.b. A barbering program within the public school system; 480
or 481
3.c. A government-operated barbering program in this 482
state. 483
484
The board shall establish by r ule procedures whereby the school 485
or program may certify that a person is qualified to take the 486
required examination after the completion of a minimum of 600 487
actual school hours. If the person passes the examination, she 488
or he has shall have satisfied this requirement; but if the 489
person fails the examination, she or he may shall not be 490
qualified to take the examination again until the completion of 491
the full requirements provided by this section. 492
(3) An applicant who meets the requirements set forth in 493
paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass 494
the examination may take subsequent examinations as many times 495
as necessary to pass, except that the board may specify by rule 496
reasonable timeframes for rescheduling the examination and 497
additional training requirements for applicants who, after the 498
third attempt, fail to pass the examination. Prior to 499
reexamination, the applicant must file the appropriate form and 500
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pay the reexamination fee as required by rule. 501
Section 13. Subsection (2) of se ction 477.019, Florida 502
Statutes, is amended to read: 503
477.019 Cosmetologists; qualifications; licensure; 504
supervised practice; license renewal; endorsement; continuing 505
education.— 506
(2) An applicant is shall be eligible for licensure by 507
examination to practice cosmetology if the applicant: 508
(a) Is at least 16 years of age or has received a high 509
school diploma; 510
(b) Pays the required application fee, which is not 511
refundable, and the required examination fee, which is 512
refundable if the applicant is dete rmined to not be eligible for 513
licensure for any reason other than failure to successfully 514
complete the licensure examination; and 515
(c)1. Is authorized to practice cosmetology in another 516
state or country, has been so authorized for at least 1 year, 517
and does not qualify for licensure by endorsement as provided 518
for in subsection (5); or 519
2. Has received a minimum of 1,200 hours of training as 520
established by the board, which must shall include, but is shall 521
not be limited to, the equivalent of completion of s ervices 522
directly related to the practice of cosmetology at one of the 523
following: 524
1.a. A school of cosmetology licensed pursuant to chapter 525
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1005. 526
2.b. A cosmetology program within the public school 527
system. 528
3.c. The Cosmetology Division of the Florida School for 529
the Deaf and the Blind, provided the division meets the 530
standards of this chapter. 531
4.d. A government-operated cosmetology program in this 532
state. 533
534
The board shall establish by rule procedures whereby th e school 535
or program may certify that a person is qualified to take the 536
required examination after the completion of a minimum of 1,000 537
actual school hours. If the person then passes the examination, 538
he or she has shall have satisfied this requirement; but if the 539
person fails the examination, he or she may shall not be 540
qualified to take the examination again until the completion of 541
the full requirements provided by this section. 542
Section 14. Paragraph (c) of subsection (7) of section 543
489.131, Florida Stat utes, is amended to read: 544
489.131 Applicability. — 545
(7) 546
(c) In addition to any action the local jurisdiction 547
enforcement body may take against the individual's local 548
license, and any fine the local jurisdiction may impose, the 549
local jurisdiction enforce ment body shall issue a recommended 550
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penalty for board action. This recommended penalty may include a 551
recommendation for no further action, or a recommendation for 552
suspension, restitution, revocation, or restriction of the 553
registration, or a fine to be levi ed by the board, or a 554
combination thereof. The recommended penalty must specify the 555
violations of this chapter upon which the recommendation is 556
based. The local jurisdiction enforcement body shall inform the 557
disciplined contractor and the complainant of th e local license 558
penalty imposed, the board penalty recommended, his or her 559
rights to appeal, and the consequences should he or she decide 560
not to appeal. The local jurisdiction enforcement body shall, 561
upon having reached adjudication or having accepted a pl ea of 562
nolo contendere, immediately inform the board of its action and 563
the recommended board penalty. 564
Section 15. Subsections (3) and (6) of section 489.143, 565
Florida Statutes, are amended to read: 566
489.143 Payment from the fund. — 567
(3) Beginning Januar y 1, 2005, for each Division I 568
contract entered into after July 1, 2004, payment from the 569
recovery fund is subject to a $50,000 maximum payment for each 570
Division I claim. Beginning January 1, 2017, for each Division 571
II contract entered into on or after Jul y 1, 2016, payment from 572
the recovery fund is subject to a $15,000 maximum payment for 573
each Division II claim. Beginning January 1, 2025, for Division 574
I and Division II contracts entered into on or after July 1, 575
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2024, payment from the recovery fund is subje ct to a $100,000 576
maximum payment for each Division I claim and a $30,000 maximum 577
payment for each Division II claim. 578
(6) For contracts entered into before July 1, 2004, 579
payments for claims against any one licensee may not exceed, in 580
the aggregate, $100,0 00 annually, up to a total aggregate of 581
$250,000. For any claim approved by the board which is in excess 582
of the annual cap, the amount in excess of $100,000 up to the 583
total aggregate cap of $250,000 is eligible for payment in the 584
next and succeeding fiscal years, but only after all claims for 585
the then-current calendar year have been paid. Payments may not 586
exceed the aggregate annual or per claimant limits under law. 587
Beginning January 1, 2005, for each Division I contract entered 588
into after July 1, 2004, pay ment from the recovery fund is 589
subject only to a total aggregate cap of $500,000 for each 590
Division I licensee. Beginning January 1, 2017, for each 591
Division II contract entered into on or after July 1, 2016, 592
payment from the recovery fund is subject only to a total 593
aggregate cap of $150,000 for each Division II licensee. 594
Beginning January 1, 2025, for Division I and Division II 595
contracts entered into on or after July 1, 2024, payment from 596
the recovery fund is subject only to a total aggregate cap of $2 597
million for each Division I licensee and $600,000 for each 598
Division II licensee. 599
Section 16. Subsection (19) of section 489.505, Florida 600
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Statutes, is amended to read: 601
489.505 Definitions. —As used in this part: 602
(19) "Specialty contractor" means a contrac tor whose scope 603
of practice is limited to a specific segment of electrical or 604
alarm system contracting established in a category adopted by 605
board rule, including, but not limited to, residential 606
electrical contracting, maintenance of electrical fixtures, a nd 607
fabrication, erection, installation, and maintenance of 608
electrical and nonelectrical advertising signs together with the 609
interrelated parts and supports thereof. 610
Section 17. Paragraph (b) of subsection (15) of section 611
499.012, Florida Statutes, is a mended to read: 612
499.012 Permit application requirements. — 613
(15) 614
(b) To be certified as a designated representative, a 615
natural person must: 616
1. Submit an application on a form furnished by the 617
department and pay the appropriate fees. 618
2. Be at least 18 years of age. 619
3. Have at least 2 years of verifiable full -time: 620
a. Work experience in a pharmacy licensed in this state or 621
another state, where the person's responsibilities included, but 622
were not limited to, recordkeeping for prescription drugs; 623
b. Managerial experience with a prescription drug 624
wholesale distributor licensed in this state or in another 625
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state; or 626
c. Managerial experience with the United States Armed 627
Forces, where the person's responsibilities included, but were 628
not limited to, recordkeeping, warehousing, distributing, or 629
other logistics services pertaining to prescription drugs ; 630
d. Managerial experience with a state or federal 631
organization responsible for regulating or permitting 632
establishments involved in the distribution of pre scription 633
drugs, whether in an administrative or a sworn law enforcement 634
capacity; or 635
e. Work experience as a drug inspector or investigator 636
with a state or federal organization, whether in an 637
administrative or a sworn law enforcement capacity, where the 638
person's responsibilities related primarily to compliance with 639
state or federal requirements pertaining to the distribution of 640
prescription drugs. 641
4. Receive a passing score of at least 75 percent on an 642
examination given by the department regarding fede ral laws 643
governing distribution of prescription drugs and this part and 644
the rules adopted by the department governing the wholesale 645
distribution of prescription drugs. This requirement shall be 646
effective 1 year after the results of the initial examination 647
are mailed to the persons that took the examination. The 648
department shall offer such examinations at least four times 649
each calendar year. 650
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5. Provide the department with a personal information 651
statement and fingerprints pursuant to subsection (9). 652
Section 18. Subsection (2) of section 561.15, Florida 653
Statutes, is amended to read: 654
561.15 Licenses; qualifications required. — 655
(2) A No license under the Beverage Law may not shall be 656
issued to any person who has been convicted within the last past 657
5 years of any offense against the beverage laws of this state, 658
the United States, or any other state; who has been convicted 659
within the last past 5 years in this state or any other state or 660
the United States of soliciting for prostitution, pandering, 661
letting premises for prostitution, or keeping a disorderly place 662
or of any criminal violation of chapter 893 or the controlled 663
substance act of any other state or the Federal Government; or 664
who has been convicted in the last past 10 15 years of any 665
felony in this state or any other state or the United States; or 666
to a corporation, any of the officers of which shall have been 667
so convicted. The term "conviction" includes shall include an 668
adjudication of guilt on a plea of guilty or nolo contendere or 669
the forfeiture of a bond when charged with a crime. 670
Section 19. Subsection (5) of section 561.17, Florida 671
Statutes, is amended to read: 672
561.17 License and registration applications; approved 673
person.— 674
(5) Any person or entity licensed or permitted by the 675
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division, or applying for a license or permit, must create and 676
maintain an account with the division's online system and 677
provide an e-mail electronic mail address to the division to 678
function as the primary means of contact for all communication 679
by the division to t he licensee, or permittee, or applicant. 680
Licensees, and permittees, and applicants are responsible for 681
maintaining accurate contact information on file with the 682
division. A person or an entity seeking a license or permit from 683
the division must apply using forms prepared by the division and 684
filed through the division's online system before engaging in 685
any business for which a license or permit is required. The 686
division may not process an application for an alcoholic 687
beverage license unless the application is submitted through the 688
division's online system. 689
Section 20. Section 569.00256, Florida Statutes, is 690
created to read: 691
569.00256 Account; online system. —A person or an entity 692
licensed or permitted by the division under this part, or 693
applying for a license or a permit, must create and maintain an 694
account with the division's online system and provide an e -mail 695
address to the division to function as the primary means of 696
contact for all communication by the division to the licensee, 697
permittee, or applicant . Licensees, permittees, and applicants 698
are responsible for maintaining accurate contact information 699
with the division. A person or an entity seeking a license or 700
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permit from the division must apply using forms prepared by the 701
division and filed through th e division's online system before 702
engaging in any business for which a license or permit is 703
required. The division may not process an application to deal, 704
at retail, in tobacco products unless the application is 705
submitted through the division's online syst em. 706
Section 21. Section 569.3156, Florida Statutes, is created 707
to read: 708
569.3156 Account; online system. —A person or an entity 709
licensed or permitted by the division under this part, or 710
applying for a license or a permit, must create and maintain an 711
account with the division's online system and provide an e -mail 712
address to the division to function as the primary means of 713
contact for all communication by the division to the licensee, 714
permittee, or applicant. Licensees, permittees, and applicants 715
are responsible for maintaining accurate contact information 716
with the division. A person or an entity seeking a license or 717
permit from the division must apply using forms prepared by the 718
division and filed through the division's online system before 719
engaging in any business for which a license or permit is 720
required. The division may not process an application to deal, 721
at retail, in nicotine products unless the application is 722
submitted through the division's online system. 723
Section 22. Subsection (2) of section 210.16, Florida 724
Statutes, is amended to read: 725
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210.16 Revocation or suspension of permit. — 726
(2) The division shall revoke the permit or permits of any 727
person who would be ineligible to obtain a new license or renew 728
a license by reason of any of the condi tions for permitting 729
provided in s. 210.15(1)(d)1.-6. s. 210.15(1)(c)1.-6. 730
Section 23. Paragraph (a) of subsection (6) of section 731
476.144, Florida Statutes, is amended to read: 732
476.144 Licensure.— 733
(6) A person may apply for a restricted license to 734
practice barbering. The board shall adopt rules specifying 735
procedures for an applicant to obtain a restricted license if 736
the applicant: 737
(a)1. Has successfully completed a restricted barber 738
course, as established by rule of the board, at a school of 739
barbering licensed pursuant to chapter 1005, a barbering program 740
within the public school system, or a government -operated 741
barbering program in this state; or 742
2.a. Holds or has within the previous 5 years held an 743
active valid license to practice barbering in another state or 744
country or has held a Florida barbering license which has been 745
declared null and void for failure to renew the license, and the 746
applicant fulfilled the requirements of s. 476.114(2)(c) s. 747
476.114(2)(c)2. for initial licensure; and 748
b. Has not been disciplined relating to the practice of 749
barbering in the previous 5 years; and 750
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751
The restricted license shall limit the licensee's practice to 752
those specific areas in which the applicant has demonstrated 753
competence pursuant to rules adopted by the board. 754
Section 24. This act shall take effect July 1, 2024. 755