Florida Senate Bill S1544 Introduced / Bill

 Florida Senate - 2024 SB 1544  By Senator Hooper 21-01151D-24 20241544__ 1 A bill to be entitled 2 An act relating to the Department of Business and 3 Professional Regulation; amending s. 210.15 and 4 creating s. 210.32, F.S.; requiring persons or 5 entities licensed or permitted by the departments 6 Division of Alcoholic Beverages and Tobacco, or 7 applying for such license or permit, to create and 8 maintain an account with the divisions online system 9 and provide an e-mail address to the division; 10 specifying application requirements; prohibiting the 11 division from processing applications not submitted 12 through the online system; amending s. 210.40, F.S.; 13 revising the amount of an initial corporate surety 14 bond required as a condition of licensure as a tobacco 15 product distributor; requiring the division to review 16 corporate surety bond amounts on a specified basis; 17 authorizing the division to increase a bond amount, 18 subject to specified conditions; authorizing the 19 division to adjust bond amounts by rule; authorizing 20 the division to reduce a bond amount upon a showing of 21 good cause; defining terms; requiring the division to 22 notify distributors in writing if their corporate 23 surety bond requirements change; providing 24 applicability; prohibiting the division from reducing 25 a bond amount under specified circumstances; 26 authorizing the division to adopt rules; amending s. 27 310.0015, F.S.; deleting a provision requiring a 28 competency-based mentor program at ports; deleting a 29 requirement that the department submit an annual 30 report on the mentor program; amending s. 310.081, 31 F.S.; deleting a requirement that the department 32 consider certain characteristics for applicants for 33 certification as a deputy pilot; making technical 34 changes; creating s. 399.18, F.S.; requiring certain 35 persons or entities certified or registered under the 36 Elevator Safety Act, or applying for such 37 certifications or registrations, to create and 38 maintain an online account with the departments 39 Division of Hotels and Restaurants and provide an e 40 mail address to the division; requiring such persons 41 and entities to maintain the accuracy of their contact 42 information; requiring the division to adopt rules; 43 creating s. 468.519, F.S.; creating the employee 44 leasing companies licensing program under the 45 department; providing legislative intent; repealing s. 46 468.521, F.S., relating to the departments Board of 47 Employee Leasing Companies; amending s. 469.006, F.S.; 48 revising requirements for department rules governing 49 evidence of financial responsibility of applicants 50 seeking licensure as a business organization under ch. 51 469, F.S.; amending s. 473.306, F.S.; requiring 52 applicants for the accountancy licensure examination 53 to create and maintain an online account with the 54 department and provide an e-mail address; requiring 55 applicants to maintain the accuracy of their contact 56 information; requiring that address changes be 57 submitted through the departments online system 58 within a specified timeframe; conforming cross 59 references; amending s. 473.308, F.S.; requiring a 60 person seeking licensure as a Florida certified public 61 accountant, or a firm seeking to engage in public 62 accountancy, to create and maintain an online account 63 with the department and provide an e-mail address; 64 requiring certified public accountants and accounting 65 firms to maintain the accuracy of their contact 66 information; requiring that address changes be 67 submitted through the departments online system 68 within a specified timeframe; amending s. 475.181, 69 F.S.; revising conditions regarding issuance of a 70 licensure under part I of ch. 475, F.S.; amending s. 71 476.114, F.S.; revising eligibility requirements for 72 licensure as a barber; making technical changes; 73 amending s. 477.019, F.S.; revising eligibility 74 requirements for licensure by examination to practice 75 cosmetology; amending s. 489.131, F.S.; revising the 76 types of penalties that may be recommended by a local 77 jurisdiction enforcement body against a contractor; 78 specifying requirements for any such recommended 79 penalties; amending s. 489.143, F.S.; revising payment 80 limitations for payments made from the departments 81 Florida Homeowners Construction Recovery Fund; 82 amending s. 499.012, F.S.; revising requirements for 83 certification as a designated representative of a 84 prescription drug wholesale distributor; amending s. 85 561.17, F.S.; requiring persons or entities licensed 86 or permitted by the Division of Alcoholic Beverages 87 and Tobacco, or applying for such license or permit, 88 to create and maintain an account with the divisions 89 online system; specifying application requirements; 90 prohibiting the division from processing applications 91 not submitted through the online system; creating ss. 92 569.00256 and 569.3156, F.S.; requiring certain 93 persons or entities licensed or permitted by the 94 division, or applying for such a license or permit, to 95 create and maintain an account with the divisions 96 online system; requiring licensees, permittees, and 97 applicants to provide the division with an e-mail 98 address and maintain accurate contact information; 99 specifying application requirements; prohibiting the 100 division from processing applications not submitted 101 through the online system; amending s. 723.061, F.S.; 102 conforming provisions to changes made by the act; 103 replacing the Florida Mobile Home Relocation 104 Corporation with the Division of Florida Condominiums, 105 Timeshares, and Mobile Homes with regard to a 106 specified notice; repealing s. 723.0611, F.S., 107 relating to the Florida Mobile Home Relocation 108 Corporation; amending s. 723.06115, F.S.; replacing 109 the Florida Mobile Home Relocation Corporation with 110 the Division of Florida Condominiums, Timeshares, and 111 Mobile Homes as the manager and administrator of the 112 Florida Mobile Home Relocation Trust Fund; revising 113 the uses of the trust fund; making conforming changes; 114 amending s. 723.06116, F.S.; replacing the Florida 115 Mobile Home Relocation Corporation with the Division 116 of Florida Condominiums, Timeshares, and Mobile Homes 117 with regard to payments made from mobile home park 118 owners to the Mobile Home Relocation Trust Fund; 119 amending s. 723.0612, F.S.; replacing the Florida 120 Mobile Home Relocation Corporation with the Division 121 of Florida Condominiums, Timeshares, and Mobile Homes 122 with regard to relocation expenses to be paid to 123 mobile home owners from the Mobile Home Relocation 124 Trust Fund; making technical changes; conforming a 125 cross-reference; amending ss. 20.165, 210.16, 212.08, 126 440.02, 448.26, 468.520, 468.522, 468.524, 468.5245, 127 468.525, 468.526, 468.527, 468.5275, 468.529, 468.530, 128 468.531, 468.532, 476.144, and 627.192, F.S.; 129 conforming cross-references and provisions to changes 130 made by the act; reenacting ss. 48.184(1), 723.004(5), 131 723.031(9), 723.032(1), and 723.085(2), F.S., relating 132 to service of process for the removal of unknown 133 parties in possession of mobile homes, legislative 134 intent, mobile home lot rental agreements, prohibited 135 or unenforceable provisions in mobile home lot rental 136 agreements, and the rights of lienholders on mobile 137 homes in rental mobile home parks, respectively, to 138 incorporate the amendment made in s. 723.061, F.S., in 139 references thereto; reenacting s. 320.08015(1), F.S., 140 relating to license tax surcharges, to incorporate the 141 amendment made in s. 723.06115, F.S., in a reference 142 thereto; providing an effective date. 143 144 Be It Enacted by the Legislature of the State of Florida: 145 146 Section 1.Present paragraphs (a) through (h) of subsection 147 (1) of section 210.15, Florida Statutes, are redesignated as 148 paragraphs (b) through (i), respectively, and a new paragraph 149 (a) is added to that subsection, to read: 150 210.15Permits. 151 (1) 152 (a)A person or an entity licensed or permitted by the 153 division, or applying for a license or a permit, must create and 154 maintain an account with the divisions online system and 155 provide an e-mail address to the division to function as the 156 primary means of contact for all communication by the division 157 to the licensee, permittee, or applicant. Licensees, permittees, 158 and applicants are responsible for maintaining accurate contact 159 information on file with the division. A person or an entity 160 seeking a license or permit under this part must apply using 161 forms furnished by the division which are filed through the 162 divisions online system before commencing operations. The 163 division may not process an application for a license or permit 164 issued by the division under this part unless the application is 165 submitted through the divisions online system. 166 Section 2.Section 210.32, Florida Statutes, is created to 167 read: 168 210.32Account; online system.A person or an entity 169 licensed or permitted by the division, or applying for a license 170 or a permit, must create and maintain an account with the 171 divisions online system and provide an e-mail address to the 172 division to function as the primary means of contact for all 173 communication by the division to the licensee, permittee, or 174 applicant. Licensees, permittees, and applicants are responsible 175 for maintaining accurate contact information on file with the 176 division. A person or an entity seeking a license or a permit 177 under this part must apply using forms furnished by the division 178 which are filed through the divisions online system before 179 commencing operations. The division may not process an 180 application for a license or permit issued by the division under 181 this part unless the application is submitted through the 182 divisions online system. 183 Section 3.Section 210.40, Florida Statutes, is amended to 184 read: 185 210.40License fees; surety bond; application for each 186 place of business. 187 (1)Each application for a distributors license must shall 188 be accompanied by a fee of $25. The application must shall also 189 be accompanied by a corporate surety bond issued by a surety 190 company authorized to do business in this state, conditioned for 191 the payment when due of all taxes, penalties, and accrued 192 interest which may be due the state. The initial corporate 193 surety bond shall be in the sum of $25,000 $1,000 and in a form 194 prescribed by the division. 195 (a)The division shall review the amount of a corporate 196 surety bond on a semiannual basis to ensure that the bond amount 197 is adequate to protect the state. 198 (b)The division may increase the corporate surety bond 199 amount before renewing a distributors license or after 200 completing its semiannual review of the bond amount. 201 (c)The corporate surety bond amount may be increased to 202 the sum of the distributors highest month of final audited tax 203 liabilities, penalties, and accrued interest which are due to 204 the state. 205 (2)A corporate surety bond, with the sum determined by the 206 division in accordance with paragraph (1)(c), is required for 207 renewal of a distributors license. 208 (3)The division may prescribe by rule increases in the 209 corporate surety bond amounts required as a condition of 210 licensure. 211 (4)(a)The division may reduce the amount of a corporate 212 surety bond upon a distributors showing of good cause. For 213 purposes of this subsection, the term: 214 1.Fully resolved means that criminal or administrative 215 charges or investigations have been definitively closed or 216 dismissed, have resulted in an acquittal, or have otherwise 217 ended in such a manner that no further legal or administrative 218 actions relating to charges or investigations are pending 219 against a licensee under applicable laws, rules, or regulations. 220 2.Good cause means a consistent pattern of responsible 221 financial behavior by the distributor over a period of at least 222 the preceding 4 years, and having the sum of the distributors 223 final audited tax liabilities, penalties, and interest be less 224 than the amount of the distributors corporate surety bond for 225 every month for a period of at least the preceding 4 years. 226 3.Responsible financial behavior includes the timely and 227 complete reporting and payment of all tax liabilities, 228 penalties, and accrued interest due to the state for a period of 229 at least the preceding 4 years. 230 (b)The division may not reduce a corporate surety bond 231 amount when a licensee: 232 1.Is in default of any tax liabilities, penalties, or 233 interest due to the state; 234 2.Is the subject of a pending criminal prosecution in any 235 jurisdiction until such prosecution has been fully resolved; 236 3.Has pending administrative charges brought by an 237 authorized regulatory body or agency which have not been fully 238 resolved in accordance with applicable rules and procedures; or 239 4.Is under investigation by any administrative body or 240 agency for potential criminal violations until any such 241 investigation is completed and the findings of the investigation 242 have been fully resolved in accordance with applicable law. 243 (5)The division shall notify a distributor in writing of 244 any change in the distributors corporate surety bond 245 requirements by the date on which the distributors audited tax 246 assessments become final. 247 (6)The provisions of this section governing corporate 248 surety bonds are not subject to s. 120.60 Whenever it is the 249 opinion of the division that the bond given by a licensee is 250 inadequate in amount to fully protect the state, the division 251 shall require an additional bond in such amount as is deemed 252 sufficient. 253 (7)A separate application for a license must shall be made 254 for each place of business at which a distributor proposes to 255 engage in business as a distributor under this part, but an 256 applicant may provide one corporate surety bond in an amount 257 determined by the division for all applications made by the 258 distributor consistent with the requirements of this section. 259 (8)The division may adopt rules to administer this 260 section. 261 Section 4.Paragraph (d) of subsection (3) of section 262 310.0015, Florida Statutes, is amended to read: 263 310.0015Piloting regulation; general provisions. 264 (3)The rate-setting process, the issuance of licenses only 265 in numbers deemed necessary or prudent by the board, and other 266 aspects of the economic regulation of piloting established in 267 this chapter are intended to protect the public from the adverse 268 effects of unrestricted competition which would result from an 269 unlimited number of licensed pilots being allowed to market 270 their services on the basis of lower prices rather than safety 271 concerns. This system of regulation benefits and protects the 272 public interest by maximizing safety, avoiding uneconomic 273 duplication of capital expenses and facilities, and enhancing 274 state regulatory oversight. The system seeks to provide pilots 275 with reasonable revenues, taking into consideration the normal 276 uncertainties of vessel traffic and port usage, sufficient to 277 maintain reliable, stable piloting operations. Pilots have 278 certain restrictions and obligations under this system, 279 including, but not limited to, the following: 280 (d)1.The pilot or pilots in a port shall train and 281 compensate all member deputy pilots in that port. Failure to 282 train or compensate such deputy pilots constitutes shall 283 constitute a ground for disciplinary action under s. 310.101. 284 Nothing in this subsection may shall be deemed to create an 285 agency or employment relationship between a pilot or deputy 286 pilot and the pilot or pilots in a port. 287 2.The pilot or pilots in a port shall establish a 288 competency-based mentor program by which minority persons as 289 defined in s. 288.703 may acquire the skills for the 290 professional preparation and education competency requirements 291 of a licensed state pilot or certificated deputy pilot. The 292 department shall provide the Governor, the President of the 293 Senate, and the Speaker of the House of Representatives with a 294 report each year on the number of minority persons as defined in 295 s. 288.703 who have participated in each mentor program, who are 296 licensed state pilots or certificated deputy pilots, and who 297 have applied for state pilot licensure or deputy pilot 298 certification. 299 Section 5.Subsection (2) of section 310.081, Florida 300 Statutes, is amended to read: 301 310.081Department to examine and license state pilots and 302 certificate deputy pilots; vacancies. 303 (2)The department shall similarly examine persons who file 304 applications for certificate as deputy pilot, and, if upon 305 examination to determine proficiency the department finds them 306 qualified, the department must shall certify as qualified all 307 applicants who pass the examination, provided that not more than 308 five persons who passed the examination are certified for each 309 declared opening. If more than five applicants per opening pass 310 the examination, the persons having the highest scores must 311 shall be certified as qualified up to the number of openings 312 times five. The department shall give consideration to the 313 minority and female status of applicants when qualifying deputy 314 pilots, in the interest of ensuring diversification within the 315 state piloting profession. The department shall appoint and 316 certificate such number of deputy pilots from those applicants 317 deemed qualified as in the discretion of the board are required 318 in the respective ports of the state. A deputy pilot shall be 319 authorized by the department to pilot vessels within the limits 320 and specifications established by the licensed state pilots at 321 the port where the deputy is appointed to serve. 322 Section 6.Section 399.18, Florida Statutes, is created to 323 read: 324 399.18Online services account. 325 (1)A certified elevator inspector, certified elevator 326 technician, or registered elevator company; a person or entity 327 seeking to become certified or registered as such; a person who 328 has been issued an elevator certificate of competency; a person 329 who is seeking such certificate; a person or entity who has been 330 issued an elevator certificate of operation; and a person or 331 entity who is seeking such a certificate must create and 332 maintain an online account with the division and provide an e 333 mail address to the division to function as the primary means of 334 contact for all communication from the division. Each person or 335 entity is responsible for maintaining accurate contact 336 information on file with the division. 337 (2)The division shall adopt rules to implement this 338 section. 339 Section 7.Section 468.519, Florida Statutes, is created, 340 and incorporated into part XI of chapter 468, Florida Statutes, 341 to read: 342 468.519Employee leasing companies licensing program; 343 purpose. 344 (1)There is created within the department the employee 345 leasing companies licensing program. 346 (2)The Legislature finds it necessary in the interest of 347 the public safety and welfare to ensure that consumers of 348 employee leasing companies can rely on the competence and 349 integrity of such companies through the licensing requirements 350 of this part. 351 Section 8.Section 468.521, Florida Statutes, is repealed. 352 Section 9.Paragraph (c) of subsection (2) of section 353 469.006, Florida Statutes, is amended to read: 354 469.006Licensure of business organizations; qualifying 355 agents. 356 (2) 357 (c)As a prerequisite to the issuance of a license under 358 this section, the applicant shall submit the following: 359 1.An affidavit on a form provided by the department 360 attesting that the applicant has obtained workers compensation 361 insurance as required by chapter 440, public liability 362 insurance, and property damage insurance, in amounts determined 363 by department rule. The department shall establish by rule a 364 procedure to verify the accuracy of such affidavits based upon a 365 random sample method. 366 2.Evidence of financial responsibility. The department 367 shall adopt rules to determine financial responsibility which 368 must shall specify grounds on which the department may deny 369 licensure. Such criteria must shall include, but is not be 370 limited to, credit history and limits of bondability and credit. 371 Section 10.Section 473.306, Florida Statutes, is amended 372 to read: 373 473.306Examinations. 374 (1)A person desiring to be licensed as a Florida certified 375 public accountant shall apply to the department to take the 376 licensure examination. 377 (2)A person applying to the department to take the 378 licensure examination must create and maintain an online account 379 with the department and provide an e-mail address to function as 380 the primary means of contact for all communication to the 381 applicant from the department. Each applicant is responsible for 382 maintaining accurate contact information on file with the 383 department and must submit any change in the applicants e-mail 384 address or home address within 30 days after the change. All 385 changes must be submitted through the departments online 386 system. 387 (3)An applicant is entitled to take the licensure 388 examination to practice in this state as a certified public 389 accountant if: 390 (a)The applicant has completed 120 semester hours or 180 391 quarter hours from an accredited college or university with a 392 concentration in accounting and business courses as specified by 393 the board by rule; and 394 (b)The applicant shows that she or he has good moral 395 character. For purposes of this paragraph, the term good moral 396 character has the same meaning as provided in s. 473.308(7)(a) 397 s. 473.308(6)(a). The board may refuse to allow an applicant to 398 take the licensure examination for failure to satisfy this 399 requirement if: 400 1.The board finds a reasonable relationship between the 401 lack of good moral character of the applicant and the 402 professional responsibilities of a certified public accountant; 403 and 404 2.The finding by the board of lack of good moral character 405 is supported by competent substantial evidence. 406 407 If an applicant is found pursuant to this paragraph to be 408 unqualified to take the licensure examination because of a lack 409 of good moral character, the board shall furnish to the 410 applicant a statement containing the findings of the board, a 411 complete record of the evidence upon which the determination was 412 based, and a notice of the rights of the applicant to a 413 rehearing and appeal. 414 (4)(3)The board shall have the authority to establish the 415 standards for determining and shall determine: 416 (a)What constitutes a passing grade for each subject or 417 part of the licensure examination; 418 (b)Which educational institutions, in addition to the 419 universities in the State University System of Florida, shall be 420 deemed to be accredited colleges or universities; 421 (c)What courses and number of hours constitute a major in 422 accounting; and 423 (d)What courses and number of hours constitute additional 424 accounting courses acceptable under s. 473.308(4) s. 473.308(3). 425 (5)(4)The board may adopt an alternative licensure 426 examination for persons who have been licensed to practice 427 public accountancy or its equivalent in a foreign country so 428 long as the International Qualifications Appraisal Board of the 429 National Association of State Boards of Accountancy has ratified 430 an agreement with that country for reciprocal licensure. 431 (6)(5)For the purposes of maintaining the proper 432 educational qualifications for licensure under this chapter, the 433 board may appoint an Educational Advisory Committee, which shall 434 be composed of one member of the board, two persons in public 435 practice who are licensed under this chapter, and four 436 academicians on faculties of universities in this state. 437 Section 11.Present subsections (3) through (9) of section 438 473.308, Florida Statutes, are redesignated as subsections (4) 439 through (10), respectively, a new subsection (3) is added to 440 that section, and subsection (2), paragraph (b) of present 441 subsection (4), and present subsection (8) of that section are 442 amended, to read: 443 473.308Licensure. 444 (2)The board shall certify for licensure any applicant who 445 successfully passes the licensure examination and satisfies the 446 requirements of subsections (4), (5), and (6) (3), (4), and (5), 447 and shall certify for licensure any firm that satisfies the 448 requirements of ss. 473.309 and 473.3101. The board may refuse 449 to certify any applicant or firm that has violated any of the 450 provisions of s. 473.322. 451 (3)A person desiring to be licensed as a Florida certified 452 public accountant or a firm desiring to engage in the practice 453 of public accounting must create and maintain an online account 454 with the department and provide an e-mail address to function as 455 the primary means of contact for all communication from the 456 department. Certified public accountants and firms are 457 responsible for maintaining accurate contact information on file 458 with the department and must submit any change in an e-mail 459 address or street address within 30 days after the change. All 460 changes must be submitted through the departments online 461 system. 462 (5)(4) 463 (b)However, an applicant who completed the requirements of 464 subsection (4) (3) on or before December 31, 2008, and who 465 passes the licensure examination on or before June 30, 2010, is 466 exempt from the requirements of this subsection. 467 (9)(8)If the applicant has at least 5 years of experience 468 in the practice of public accountancy in the United States or in 469 the practice of public accountancy or its equivalent in a 470 foreign country that the International Qualifications Appraisal 471 Board of the National Association of State Boards of Accountancy 472 has determined has licensure standards that are substantially 473 equivalent to those in the United States, or has at least 5 474 years of work experience that meets the requirements of 475 subsection (5) (4), the board must shall waive the requirements 476 of subsection (4) (3) which are in excess of a baccalaureate 477 degree. All experience that is used as a basis for waiving the 478 requirements of subsection (4) (3) must be while licensed as a 479 certified public accountant by another state or territory of the 480 United States or while licensed in the practice of public 481 accountancy or its equivalent in a foreign country that the 482 International Qualifications Appraisal Board of the National 483 Association of State Boards of Accountancy has determined has 484 licensure standards that are substantially equivalent to those 485 in the United States. The board shall have the authority to 486 establish the standards for experience that meet this 487 requirement. 488 Section 12.Subsection (2) of section 475.181, Florida 489 Statutes, is amended to read: 490 475.181Licensure. 491 (2)The commission shall certify for licensure any 492 applicant who satisfies the requirements of ss. 475.17, 475.175, 493 and 475.180. The commission may refuse to certify any applicant 494 who has violated any of the provisions of s. 475.42 or who is 495 subject to discipline under s. 475.25. The application shall 496 expire 2 years after the date received if the applicant does not 497 pass the appropriate examination. Additionally, if an applicant 498 does not pass the licensing examination within 2 years after the 499 successful course completion date, the applicants successful 500 course completion is invalid for licensure. 501 Section 13.Subsections (2) and (3) of section 476.114, 502 Florida Statutes, are amended to read: 503 476.114Examination; prerequisites. 504 (2)An applicant is shall be eligible for licensure by 505 examination to practice barbering if the applicant: 506 (a)Is at least 16 years of age; 507 (b)Pays the required application fee; and 508 (c)1.Holds an active valid license to practice barbering 509 in another state, has held the license for at least 1 year, and 510 does not qualify for licensure by endorsement as provided for in 511 s. 476.144(5); or 512 2.Has received a minimum of 900 hours of training in 513 sanitation, safety, and laws and rules, as established by the 514 board, which must shall include, but is shall not be limited to, 515 the equivalent of completion of services directly related to the 516 practice of barbering at one of the following: 517 1.a.A school of barbering licensed pursuant to chapter 518 1005; 519 2.b.A barbering program within the public school system; 520 or 521 3.c.A government-operated barbering program in this state. 522 523 The board shall establish by rule procedures whereby the school 524 or program may certify that a person is qualified to take the 525 required examination after the completion of a minimum of 600 526 actual school hours. If the person passes the examination, she 527 or he has shall have satisfied this requirement; but if the 528 person fails the examination, she or he may shall not be 529 qualified to take the examination again until the completion of 530 the full requirements provided by this section. 531 (3)An applicant who meets the requirements set forth in 532 paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass 533 the examination may take subsequent examinations as many times 534 as necessary to pass, except that the board may specify by rule 535 reasonable timeframes for rescheduling the examination and 536 additional training requirements for applicants who, after the 537 third attempt, fail to pass the examination. Prior to 538 reexamination, the applicant must file the appropriate form and 539 pay the reexamination fee as required by rule. 540 Section 14.Subsection (2) of section 477.019, Florida 541 Statutes, is amended to read: 542 477.019Cosmetologists; qualifications; licensure; 543 supervised practice; license renewal; endorsement; continuing 544 education. 545 (2)An applicant is shall be eligible for licensure by 546 examination to practice cosmetology if the applicant: 547 (a)Is at least 16 years of age or has received a high 548 school diploma; 549 (b)Pays the required application fee, which is not 550 refundable, and the required examination fee, which is 551 refundable if the applicant is determined to not be eligible for 552 licensure for any reason other than failure to successfully 553 complete the licensure examination; and 554 (c)1.Is authorized to practice cosmetology in another 555 state or country, has been so authorized for at least 1 year, 556 and does not qualify for licensure by endorsement as provided 557 for in subsection (5); or 558 2.Has received a minimum of 1,200 hours of training as 559 established by the board, which must shall include, but is shall 560 not be limited to, the equivalent of completion of services 561 directly related to the practice of cosmetology at one of the 562 following: 563 1.a.A school of cosmetology licensed pursuant to chapter 564 1005. 565 2.b.A cosmetology program within the public school system. 566 3.c.The Cosmetology Division of the Florida School for the 567 Deaf and the Blind, provided the division meets the standards of 568 this chapter. 569 4.d.A government-operated cosmetology program in this 570 state. 571 572 The board shall establish by rule procedures whereby the school 573 or program may certify that a person is qualified to take the 574 required examination after the completion of a minimum of 1,000 575 actual school hours. If the person then passes the examination, 576 he or she has shall have satisfied this requirement; but if the 577 person fails the examination, he or she may shall not be 578 qualified to take the examination again until the completion of 579 the full requirements provided by this section. 580 Section 15.Paragraph (c) of subsection (7) of section 581 489.131, Florida Statutes, is amended to read: 582 489.131Applicability. 583 (7) 584 (c)In addition to any action the local jurisdiction 585 enforcement body may take against the individuals local 586 license, and any fine the local jurisdiction may impose, the 587 local jurisdiction enforcement body shall issue a recommended 588 penalty for board action. This recommended penalty may include a 589 recommendation for no further action, or a recommendation for 590 suspension, restitution, revocation, or restriction of the 591 registration, or a fine to be levied by the board, or a 592 combination thereof. The recommended penalty must specify the 593 violations of this chapter upon which the recommendation is 594 based. The local jurisdiction enforcement body shall inform the 595 disciplined contractor and the complainant of the local license 596 penalty imposed, the board penalty recommended, his or her 597 rights to appeal, and the consequences should he or she decide 598 not to appeal. The local jurisdiction enforcement body shall, 599 upon having reached adjudication or having accepted a plea of 600 nolo contendere, immediately inform the board of its action and 601 the recommended board penalty. 602 Section 16.Subsections (3) and (6) of section 489.143, 603 Florida Statutes, are amended to read: 604 489.143Payment from the fund. 605 (3)Beginning January 1, 2005, for each Division I contract 606 entered into after July 1, 2004, payment from the recovery fund 607 is subject to a $50,000 maximum payment for each Division I 608 claim. Beginning January 1, 2017, for each Division II contract 609 entered into on or after July 1, 2016, payment from the recovery 610 fund is subject to a $15,000 maximum payment for each Division 611 II claim. Beginning January 1, 2025, for Division I and Division 612 II contracts entered into on or after July 1, 2024, payment from 613 the recovery fund is subject to a $100,000 maximum payment for 614 each Division I claim and a $30,000 maximum payment for each 615 Division II claim. 616 (6)For contracts entered into before July 1, 2004, 617 payments for claims against any one licensee may not exceed, in 618 the aggregate, $100,000 annually, up to a total aggregate of 619 $250,000. For any claim approved by the board which is in excess 620 of the annual cap, the amount in excess of $100,000 up to the 621 total aggregate cap of $250,000 is eligible for payment in the 622 next and succeeding fiscal years, but only after all claims for 623 the then-current calendar year have been paid. Payments may not 624 exceed the aggregate annual or per claimant limits under law. 625 Beginning January 1, 2005, for each Division I contract entered 626 into after July 1, 2004, payment from the recovery fund is 627 subject only to a total aggregate cap of $500,000 for each 628 Division I licensee. Beginning January 1, 2017, for each 629 Division II contract entered into on or after July 1, 2016, 630 payment from the recovery fund is subject only to a total 631 aggregate cap of $150,000 for each Division II licensee. 632 Beginning January 1, 2025, for Division I and Division II 633 contracts entered into on or after July 1, 2024, payment from 634 the recovery fund is subject only to a total aggregate cap of $2 635 million for each Division I licensee and $600,000 for each 636 Division II licensee. 637 Section 17.Paragraph (b) of subsection (15) of section 638 499.012, Florida Statutes, is amended to read: 639 499.012Permit application requirements. 640 (15) 641 (b)To be certified as a designated representative, a 642 natural person must: 643 1.Submit an application on a form furnished by the 644 department and pay the appropriate fees. 645 2.Be at least 18 years of age. 646 3.Have at least 2 years of verifiable full-time: 647 a.Work experience in a pharmacy licensed in this state or 648 another state, where the persons responsibilities included, but 649 were not limited to, recordkeeping for prescription drugs; 650 b.Managerial experience with a prescription drug wholesale 651 distributor licensed in this state or in another state; or 652 c.Managerial experience with the United States Armed 653 Forces, where the persons responsibilities included, but were 654 not limited to, recordkeeping, warehousing, distributing, or 655 other logistics services pertaining to prescription drugs; 656 d.Managerial experience with a state or federal 657 organization responsible for regulating or permitting 658 establishments involved in the distribution of prescription 659 drugs, whether in an administrative or a sworn law enforcement 660 capacity; or 661 e.Work experience as a drug inspector or investigator with 662 a state or federal organization, whether in an administrative or 663 a sworn law enforcement capacity, where the persons 664 responsibilities related primarily to compliance with state or 665 federal requirements pertaining to the distribution of 666 prescription drugs. 667 4.Receive a passing score of at least 75 percent on an 668 examination given by the department regarding federal laws 669 governing distribution of prescription drugs and this part and 670 the rules adopted by the department governing the wholesale 671 distribution of prescription drugs. This requirement shall be 672 effective 1 year after the results of the initial examination 673 are mailed to the persons that took the examination. The 674 department shall offer such examinations at least four times 675 each calendar year. 676 5.Provide the department with a personal information 677 statement and fingerprints pursuant to subsection (9). 678 Section 18.Subsection (5) of section 561.17, Florida 679 Statutes, is amended to read: 680 561.17License and registration applications; approved 681 person. 682 (5)Any person or entity licensed or permitted by the 683 division, or applying for a license or permit, must create and 684 maintain an account with the divisions online system and 685 provide an e-mail electronic mail address to the division to 686 function as the primary means of contact for all communication 687 by the division to the licensee, or permittee, or applicant. 688 Licensees, and permittees, and applicants are responsible for 689 maintaining accurate contact information on file with the 690 division. A person or an entity seeking a license or permit from 691 the division must apply using forms prepared by the division and 692 filed through the divisions online system before engaging in 693 any business for which a license or permit is required. The 694 division may not process an application for an alcoholic 695 beverage license unless the application is submitted through the 696 divisions online system. 697 Section 19.Section 569.00256, Florida Statutes, is created 698 to read: 699 569.00256Account; online system.A person or an entity 700 licensed or permitted by the division under this part, or 701 applying for a license or a permit, must create and maintain an 702 account with the divisions online system and provide an e-mail 703 address to the division to function as the primary means of 704 contact for all communication by the division to the licensee, 705 permittee, or applicant. Licensees, permittees, and applicants 706 are responsible for maintaining accurate contact information 707 with the division. A person or an entity seeking a license or 708 permit from the division must apply using forms prepared by the 709 division and filed through the divisions online system before 710 engaging in any business for which a license or permit is 711 required. The division may not process an application to deal, 712 at retail, in tobacco products unless the application is 713 submitted through the divisions online system. 714 Section 20.Section 569.3156, Florida Statutes, is created 715 to read: 716 569.3156Account; online system.A person or an entity 717 licensed or permitted by the division under this part, or 718 applying for a license or a permit, must create and maintain an 719 account with the divisions online system and provide an e-mail 720 address to the division to function as the primary means of 721 contact for all communication by the division to the licensee, 722 permittee, or applicant. Licensees, permittees, and applicants 723 are responsible for maintaining accurate contact information 724 with the division. A person or an entity seeking a license or 725 permit from the division must apply using forms prepared by the 726 division and filed through the divisions online system before 727 engaging in any business for which a license or permit is 728 required. The division may not process an application to deal, 729 at retail, in nicotine products unless the application is 730 submitted through the divisions online system. 731 Section 21.Paragraph (d) of subsection (1) of section 732 723.061, Florida Statutes, is amended to read: 733 723.061Eviction; grounds, proceedings. 734 (1)A mobile home park owner may evict a mobile home owner, 735 a mobile home tenant, a mobile home occupant, or a mobile home 736 only on one or more of the following grounds: 737 (d)Change in use of the land comprising the mobile home 738 park, or the portion thereof from which mobile homes are to be 739 evicted, from mobile home lot rentals to some other use, if: 740 1.The park owner gives written notice to the homeowners 741 association formed and operating under ss. 723.075-723.079 of 742 its right to purchase the mobile home park, if the land 743 comprising the mobile home park is changing use from mobile home 744 lot rentals to a different use, at the price and under the terms 745 and conditions set forth in the written notice. 746 a.The notice shall be delivered to the officers of the 747 homeowners association by United States mail. Within 45 days 748 after the date of mailing of the notice, the homeowners 749 association may execute and deliver a contract to the park owner 750 to purchase the mobile home park at the price and under the 751 terms and conditions set forth in the notice. If the contract 752 between the park owner and the homeowners association is not 753 executed and delivered to the park owner within the 45-day 754 period, the park owner is under no further obligation to the 755 homeowners association except as provided in sub-subparagraph 756 b. 757 b.If the park owner elects to offer or sell the mobile 758 home park at a price lower than the price specified in her or 759 his initial notice to the officers of the homeowners 760 association, the homeowners association has an additional 10 761 days to meet the revised price, terms, and conditions of the 762 park owner by executing and delivering a revised contract to the 763 park owner. 764 c.The park owner is not obligated under this subparagraph 765 or s. 723.071 to give any other notice to, or to further 766 negotiate with, the homeowners association for the sale of the 767 mobile home park to the homeowners association after 6 months 768 after the date of the mailing of the initial notice under sub 769 subparagraph a. 770 2.The park owner gives the affected mobile home owners and 771 tenants at least 6 months notice of the eviction due to the 772 projected change in use and of their need to secure other 773 accommodations. Within 20 days after giving an eviction notice 774 to a mobile home owner, the park owner must provide the division 775 with a copy of the notice. The division must provide the 776 executive director of the Florida Mobile Home Relocation 777 Corporation with a copy of the notice. 778 a.The notice of eviction due to a change in use of the 779 land must include in a font no smaller than the body of the 780 notice the following statement: 781 782 YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA 783 MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE 784 DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES 785 FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). 786 DIVISION FMHRC CONTACT INFORMATION IS AVAILABLE FROM 787 THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL 788 REGULATION. 789 790 b.The park owner may not give a notice of increase in lot 791 rental amount within 90 days before giving notice of a change in 792 use. 793 Section 22.Section 723.0611, Florida Statutes, is 794 repealed. 795 Section 23.Section 723.06115, Florida Statutes, is amended 796 to read: 797 723.06115Florida Mobile Home Relocation Trust Fund. 798 (1)The Florida Mobile Home Relocation Trust Fund is 799 established within the Department of Business and Professional 800 Regulation. The trust fund is to be used to fund the 801 administration and operations of the Division of Florida 802 Condominiums, Timeshares, and Mobile Homes Florida Mobile Home 803 Relocation Corporation. All interest earned from the investment 804 or deposit of moneys in the trust fund shall be deposited in the 805 trust fund. The trust fund shall be funded from moneys collected 806 by the division corporation from mobile home park owners under 807 s. 723.06116, the surcharge collected by the department under s. 808 723.007(2), the surcharge collected by the Department of Highway 809 Safety and Motor Vehicles, and from other appropriated funds. 810 (2)Moneys in the Florida Mobile Home Relocation Trust Fund 811 may be expended only: 812 (a)To pay the administration costs of the division Florida 813 Mobile Home Relocation Corporation; and 814 (b)To carry out the purposes and objectives of the 815 division corporation by making payments to mobile home owners 816 under the relocation program. 817 (3)The department shall distribute moneys in the Florida 818 Mobile Home Relocation Trust Fund to the division Florida Mobile 819 Home Relocation Corporation in accordance with the following: 820 (a)Before the beginning of each fiscal year, the division 821 corporation shall submit its annual operating budget, as 822 approved by the division corporation board, for the fiscal year 823 and set forth that amount to the department in writing. One 824 fourth of the operating budget shall be transferred to the 825 division corporation each quarter. The department shall make the 826 first one-fourth quarter transfer on the first business day of 827 the fiscal year and make the remaining one-fourth quarter 828 transfers before the second business day of the second, third, 829 and fourth quarters. The division corporation board may approve 830 changes to the operational budget for a fiscal year by providing 831 written notification of such changes to the department. The 832 written notification must indicate the changes to the 833 operational budget and the conditions that were unforeseen at 834 the time the division corporation developed the operational 835 budget and why the changes are essential in order to continue 836 operation of the division corporation. 837 (b)The division corporation shall periodically submit 838 requests to the department for the transfer of funds to the 839 division corporation needed to make payments to mobile home 840 owners under the relocation program. Requests must include 841 documentation indicating the amount of funds needed, the name 842 and location of the mobile home park, the number of approved 843 applications for moving expenses or abandonment allowance, and 844 summary information specifying the number and type, single 845 section or multisection, of homes moved or abandoned. The 846 department shall process requests that include such 847 documentation, subject to the availability of sufficient funds 848 within the trust fund, within 5 business days after receipt of 849 the request. Transfer requests may be submitted electronically. 850 (c)Funds transferred from the trust fund to the division 851 corporation shall be transferred electronically and shall be 852 transferred to and maintained in a qualified public depository 853 as defined in s. 280.02 which is specified by the division 854 corporation. 855 (4)Other than the requirements specified under this 856 section, neither the division corporation nor the department is 857 required to take any other action as a prerequisite to 858 accomplishing the provisions of this section. 859 (5)This section does not preclude department inspection of 860 division corporation records 5 business days after receipt of 861 written notice. 862 Section 24.Section 723.06116, Florida Statutes, is amended 863 to read: 864 723.06116Payments to the Division of Florida Condominiums, 865 Timeshares, and Mobile Homes Mobile Home Relocation 866 Corporation. 867 (1)If a mobile home owner is required to move due to a 868 change in use of the land comprising a mobile home park as set 869 forth in s. 723.061(1)(d), the mobile home park owner shall, 870 upon such change in use, pay to the Division of Florida 871 Condominiums, Timeshares, and Mobile Homes Mobile Home 872 Relocation Corporation for deposit in the Florida Mobile Home 873 Relocation Trust Fund $2,750 for each single-section mobile home 874 and $3,750 for each multisection mobile home for which a mobile 875 home owner has made application for payment of moving expenses. 876 The mobile home park owner shall make the payments required by 877 this section and by s. 723.0612(7) to the division corporation 878 within 30 days after receipt from the division corporation of 879 the invoice for payment. Failure to make such payment within the 880 required time period shall result in a late fee being imposed. 881 (a)If payment is not submitted within 30 days after 882 receipt of the invoice, a 10-percent late fee shall be assessed. 883 (b)If payment is not submitted within 60 days after 884 receipt of the invoice, a 15-percent late fee shall be assessed. 885 (c)If payment is not submitted within 90 days after 886 receipt of the invoice, a 20-percent late fee shall be assessed. 887 (d)Any payment received 120 days or more after receipt of 888 the invoice shall include a 25-percent late fee. 889 (2)A mobile home park owner is not required to make the 890 payment prescribed in subsection (1), nor is the mobile home 891 owner entitled to compensation under s. 723.0612(1), when: 892 (a)The mobile home park owner moves a mobile home owner to 893 another space in the mobile home park or to another mobile home 894 park at the park owners expense; 895 (b)A mobile home owner is vacating the premises and has 896 informed the mobile home park owner or manager before the change 897 in use notice has been given; or 898 (c)A mobile home owner abandons the mobile home as set 899 forth in s. 723.0612(7). 900 (d)The mobile home owner has a pending eviction action for 901 nonpayment of lot rental amount pursuant to s. 723.061(1)(a) 902 which was filed against him or her prior to the mailing date of 903 the notice of change in use of the mobile home park given 904 pursuant to s. 723.061(1)(d). 905 (3)This section and s. 723.0612(7) are enforceable by the 906 division corporation by action in a court of appropriate 907 jurisdiction. 908 (4)In any action brought by the division corporation to 909 collect payments assessed under this chapter, the division 910 corporation may file and maintain such action in Leon County. If 911 the division corporation is a party in any other action, venue 912 for such action shall be in Leon County. 913 Section 25.Subsections (1) through (5), (7) through (9), 914 (11), and (12) of section 723.0612, Florida Statutes, are 915 amended, and subsection (2) of that section is reenacted, to 916 read: 917 723.0612Change in use; relocation expenses; payments by 918 park owner. 919 (1)If a mobile home owner is required to move due to a 920 change in use of the land comprising the mobile home park as set 921 forth in s. 723.061(1)(d) and complies with the requirements of 922 this section, the mobile home owner is entitled to payment from 923 the Division of Florida Condominiums, Timeshares, and Mobile 924 Homes Mobile Home Relocation Corporation of: 925 (a)The amount of actual moving expenses of relocating the 926 mobile home to a new location within a 50-mile radius of the 927 vacated park, or 928 (b)The amount of $3,000 for a single-section mobile home 929 or $6,000 for a multisection mobile home, whichever is less. 930 Moving expenses include the cost of taking down, moving, and 931 setting up the mobile home in a new location. 932 (2)A mobile home owner is not shall not be entitled to 933 compensation under subsection (1) when: 934 (a)The park owner moves a mobile home owner to another 935 space in the mobile home park or to another mobile home park at 936 the park owners expense; 937 (b)A mobile home owner is vacating the premises and has 938 informed the park owner or manager before notice of the change 939 in use has been given; 940 (c)A mobile home owner abandons the mobile home as set 941 forth in subsection (7); or 942 (d)The mobile home owner has a pending eviction action for 943 nonpayment of lot rental amount pursuant to s. 723.061(1)(a) 944 which was filed against him or her prior to the mailing date of 945 the notice of change in use of the mobile home park given 946 pursuant to s. 723.061(1)(d). 947 (3)Except as provided in subsection (7), in order to 948 obtain payment from the division Florida Mobile Home Relocation 949 Corporation, the mobile home owner shall submit to the division 950 corporation, with a copy to the park owner, an application for 951 payment which includes: 952 (a)A copy of the notice of eviction due to change in use; 953 and 954 (b)A contract with a moving or towing contractor for the 955 moving expenses for the mobile home. 956 (4)The division Florida Mobile Home Relocation Corporation 957 must approve payment within 45 days after receipt of the 958 information set forth in subsection (3), or payment is deemed 959 approved. A copy of the approval must be forwarded to the park 960 owner with an invoice for payment. Upon approval, the division 961 corporation shall issue a voucher in the amount of the contract 962 price for relocating the mobile home. The moving contractor may 963 redeem the voucher from the division corporation following 964 completion of the relocation and upon approval of the relocation 965 by the mobile home owner. 966 (5)Actions of the division Florida Mobile Home Relocation 967 Corporation under this section are not subject to the provisions 968 of chapter 120 but are reviewable only by writ of certiorari in 969 the circuit court in the county in which the claimant resides in 970 the manner and within the time provided by the Florida Rules of 971 Appellate Procedure. 972 (7)In lieu of collecting payment from the division Florida 973 Mobile Home Relocation Corporation as set forth in subsection 974 (1), a mobile home owner may abandon the mobile home in the 975 mobile home park and collect $1,375 for a single section and 976 $2,750 for a multisection from the division corporation as long 977 as the mobile home owner delivers to the park owner the current 978 title to the mobile home duly endorsed by the owner of record 979 and valid releases of all liens shown on the title. If a mobile 980 home owner chooses this option, the park owner shall make 981 payment to the division corporation in an amount equal to the 982 amount the mobile home owner is entitled to under this 983 subsection. The mobile home owners application for funds under 984 this subsection shall require the submission of a document 985 signed by the park owner stating that the home has been 986 abandoned under this subsection and that the park owner agrees 987 to make payment to the division corporation in the amount 988 provided to the home owner under this subsection. However, in 989 the event that the required documents are not submitted with the 990 application, the division corporation may consider the facts and 991 circumstances surrounding the abandonment of the home to 992 determine whether the mobile home owner is entitled to payment 993 pursuant to this subsection. The mobile home owner is not 994 entitled to any compensation under this subsection if there is a 995 pending eviction action for nonpayment of lot rental amount 996 pursuant to s. 723.061(1)(a) which was filed against him or her 997 prior to the mailing date of the notice of change in the use of 998 the mobile home park given pursuant to s. 723.061(1)(d). 999 (8)The division Florida Mobile Home Relocation Corporation 1000 may shall not be liable to any person for recovery if funds are 1001 insufficient to pay the amounts claimed. In any such event, the 1002 division corporation shall keep a record of the time and date of 1003 its approval of payment to a claimant. If sufficient funds 1004 become available, the division corporation must shall pay the 1005 claimant whose unpaid claim is the earliest by time and date of 1006 approval. 1007 (9)Any person whose application for funding pursuant to 1008 subsection (1) or subsection (7) is approved for payment by the 1009 division corporation is shall be barred from asserting any claim 1010 or cause of action under this chapter directly relating to or 1011 arising out of the change in use of the mobile home park against 1012 the division corporation, the park owner, or the park owners 1013 successors in interest. An No application for funding pursuant 1014 to subsection (1) or subsection (7) may not shall be approved by 1015 the division corporation if the applicant has filed a claim or 1016 cause of action, is actively pursuing a claim or cause of 1017 action, has settled a claim or cause of action, or has a 1018 judgment against the division corporation, the park owner, or 1019 the park owners successors in interest under this chapter 1020 directly relating to or arising out of the change in use of the 1021 mobile home park, unless such claim or cause of action is 1022 dismissed with prejudice. 1023 (11)In an action to enforce the provisions of this section 1024 and ss. 723.0611, 723.06115, and 723.06116, the prevailing party 1025 is entitled to reasonable attorneys fees and costs. 1026 (12)An application to the division corporation for 1027 compensation under subsection (1) or subsection (7) must be 1028 received within 1 year after the expiration of the eviction 1029 period as established in the notice required under s. 1030 723.061(1)(d). If the applicant files a claim or cause of action 1031 that disqualifies the applicant under subsection (9) and the 1032 claim is subsequently dismissed, the application must be 1033 received within 6 months following filing of the dismissal with 1034 prejudice as required under subsection (9). However, such an 1035 applicant must apply within 2 years after the expiration of the 1036 eviction period as established in the notice required under s. 1037 723.061(1)(d). 1038 Section 26.Paragraph (a) of subsection (4) of section 1039 20.165, Florida Statutes, is amended to read: 1040 20.165Department of Business and Professional Regulation. 1041 There is created a Department of Business and Professional 1042 Regulation. 1043 (4)(a)The following boards and programs are established 1044 within the Division of Professions: 1045 1.Board of Architecture and Interior Design, created under 1046 part I of chapter 481. 1047 2.Florida Board of Auctioneers, created under part VI of 1048 chapter 468. 1049 3.Barbers Board, created under chapter 476. 1050 4.Florida Building Code Administrators and Inspectors 1051 Board, created under part XII of chapter 468. 1052 5.Construction Industry Licensing Board, created under 1053 part I of chapter 489. 1054 6.Board of Cosmetology, created under chapter 477. 1055 7.Electrical Contractors Licensing Board, created under 1056 part II of chapter 489. 1057 8.Employee leasing companies licensing program Board of 1058 Employee Leasing Companies, created under part XI of chapter 1059 468. 1060 9.Board of Landscape Architecture, created under part II 1061 of chapter 481. 1062 10.Board of Pilot Commissioners, created under chapter 1063 310. 1064 11.Board of Professional Engineers, created under chapter 1065 471. 1066 12.Board of Professional Geologists, created under chapter 1067 492. 1068 13.Board of Veterinary Medicine, created under chapter 1069 474. 1070 14.Home inspection services licensing program, created 1071 under part XV of chapter 468. 1072 15.Mold-related services licensing program, created under 1073 part XVI of chapter 468. 1074 Section 27.Subsection (2) of section 210.16, Florida 1075 Statutes, is amended to read: 1076 210.16Revocation or suspension of permit. 1077 (2)The division shall revoke the permit or permits of any 1078 person who would be ineligible to obtain a new license or renew 1079 a license by reason of any of the conditions for permitting 1080 provided in s. 210.15(1)(d)1.-6. s. 210.15(1)(c)1.-6. 1081 Section 28.Paragraph (uuu) of subsection (7) of section 1082 212.08, Florida Statutes, is amended to read: 1083 212.08Sales, rental, use, consumption, distribution, and 1084 storage tax; specified exemptions.The sale at retail, the 1085 rental, the use, the consumption, the distribution, and the 1086 storage to be used or consumed in this state of the following 1087 are hereby specifically exempt from the tax imposed by this 1088 chapter. 1089 (7)MISCELLANEOUS EXEMPTIONS.Exemptions provided to any 1090 entity by this chapter do not inure to any transaction that is 1091 otherwise taxable under this chapter when payment is made by a 1092 representative or employee of the entity by any means, 1093 including, but not limited to, cash, check, or credit card, even 1094 when that representative or employee is subsequently reimbursed 1095 by the entity. In addition, exemptions provided to any entity by 1096 this subsection do not inure to any transaction that is 1097 otherwise taxable under this chapter unless the entity has 1098 obtained a sales tax exemption certificate from the department 1099 or the entity obtains or provides other documentation as 1100 required by the department. Eligible purchases or leases made 1101 with such a certificate must be in strict compliance with this 1102 subsection and departmental rules, and any person who makes an 1103 exempt purchase with a certificate that is not in strict 1104 compliance with this subsection and the rules is liable for and 1105 shall pay the tax. The department may adopt rules to administer 1106 this subsection. 1107 (uuu)Small private investigative agencies. 1108 1.As used in this paragraph, the term: 1109 a.Private investigation services has the same meaning as 1110 private investigation, as defined in s. 493.6101(17). 1111 b.Small private investigative agency means a private 1112 investigator licensed under s. 493.6201 which: 1113 (I)Employs three or fewer full-time or part-time 1114 employees, including those performing services pursuant to an 1115 employee leasing arrangement as defined in s. 468.520(3) s. 1116 468.520(4), in total; and 1117 (II)During the previous calendar year, performed private 1118 investigation services otherwise taxable under this chapter in 1119 which the charges for the services performed were less than 1120 $150,000 for all its businesses related through common 1121 ownership. 1122 2.The sale of private investigation services by a small 1123 private investigative agency to a client is exempt from the tax 1124 imposed by this chapter. 1125 3.The exemption provided by this paragraph may not apply 1126 in the first calendar year a small private investigative agency 1127 conducts sales of private investigation services taxable under 1128 this chapter. 1129 Section 29.Paragraph (a) of subsection (19) of section 1130 440.02, Florida Statutes, is amended to read: 1131 440.02Definitions.When used in this chapter, unless the 1132 context clearly requires otherwise, the following terms shall 1133 have the following meanings: 1134 (19)(a)Employer means the state and all political 1135 subdivisions thereof, all public and quasi-public corporations 1136 therein, every person carrying on any employment, and the legal 1137 representative of a deceased person or the receiver or trustees 1138 of any person. The term also includes employee leasing 1139 companies, as defined in s. 468.520(4) s. 468.520(5), and 1140 employment agencies that provide their own employees to other 1141 persons. If the employer is a corporation, parties in actual 1142 control of the corporation, including, but not limited to, the 1143 president, officers who exercise broad corporate powers, 1144 directors, and all shareholders who directly or indirectly own a 1145 controlling interest in the corporation, are considered the 1146 employer for the purposes of ss. 440.105, 440.106, and 440.107. 1147 Section 30.Section 448.26, Florida Statutes, is amended to 1148 read: 1149 448.26Application.Nothing in this part shall exempt any 1150 client of any labor pool or temporary help arrangement entity as 1151 defined in s. 468.520(3)(a) s. 468.520(4)(a) or any assigned 1152 employee from any other license requirements of state, local, or 1153 federal law. Any employee assigned to a client who is licensed, 1154 registered, or certified pursuant to law shall be deemed an 1155 employee of the client for such licensure purposes but shall 1156 remain an employee of the labor pool or temporary help 1157 arrangement entity for purposes of chapters 440 and 443. 1158 Section 31.Subsection (2) of section 468.520, Florida 1159 Statutes, is amended to read: 1160 468.520Definitions.As used in this part: 1161 (2)Board means the Board of Employee Leasing Companies. 1162 Section 32.Section 468.522, Florida Statutes, is amended 1163 to read: 1164 468.522Rules of the board.The department may board has 1165 authority to adopt rules pursuant to ss. 120.536(1) and 120.54 1166 to implement the provisions of this part. Every licensee shall 1167 be governed and controlled by this part and the rules adopted by 1168 the department board. 1169 Section 33.Subsections (2) and (4) of section 468.524, 1170 Florida Statutes, are amended to read: 1171 468.524Application for license. 1172 (2)The department board may require information and 1173 certifications necessary to determine that the applicant is of 1174 good moral character and meets other licensure requirements of 1175 this part. 1176 (4)An applicant or licensee is ineligible to reapply for a 1177 license for a period of 1 year following final agency action on 1178 the denial or revocation of a license applied for or issued 1179 under this part. This time restriction does not apply to 1180 administrative denials or revocations entered because: 1181 (a)The applicant or licensee has made an inadvertent error 1182 or omission on the application; 1183 (b)The experience documented to the department board was 1184 insufficient at the time of the previous application; 1185 (c)The department is unable to complete the criminal 1186 background investigation because of insufficient information 1187 from the Florida Department of Law Enforcement, the Federal 1188 Bureau of Investigation, or any other applicable law enforcement 1189 agency; 1190 (d)The applicant or licensee has failed to submit required 1191 fees; or 1192 (e)An applicant or licensed employee leasing company has 1193 been deemed ineligible for a license because of the lack of good 1194 moral character of an individual or individuals when such 1195 individual or individuals are no longer employed in a capacity 1196 that would require their licensing under this part. 1197 Section 34.Section 468.5245, Florida Statutes, is amended 1198 to read: 1199 468.5245Change of ownership. 1200 (1)A license or registration issued to any entity under 1201 this part may not be transferred or assigned. The department 1202 board shall adopt rules to provide for a licensees or 1203 registrants change of name or location. 1204 (2)A person or entity that seeks to purchase or acquire 1205 control of an employee leasing company or group licensed or 1206 registered under this part must first apply to the department 1207 board for a certificate of approval for the proposed change of 1208 ownership. However, prior approval is not required if, at the 1209 time the purchase or acquisition occurs, a controlling person of 1210 the employee leasing company or group maintains a controlling 1211 person license under this part. Notification must be provided to 1212 the department board within 30 days after the purchase or 1213 acquisition of such company in the manner prescribed by the 1214 department board. 1215 (3)Any application that is submitted to the department 1216 board under this section is shall be deemed approved if the 1217 department board has not approved the application or rejected 1218 the application, and provided the applicant with the basis for a 1219 rejection, within 90 days after the receipt of the completed 1220 application. 1221 (4)The department board shall establish filing fees for a 1222 change-of-ownership application in accordance with s. 1223 468.524(1). 1224 Section 35.Subsections (2) and (3) of section 468.525, 1225 Florida Statutes, are amended to read: 1226 468.525License requirements. 1227 (2)(a)As used in this part, good moral character means a 1228 personal history of honesty, trustworthiness, fairness, a good 1229 reputation for fair dealings, and respect for the rights of 1230 others and for the laws of this state and nation. A thorough 1231 background investigation of the individuals good moral 1232 character shall be instituted by the department. Such 1233 investigation shall require: 1234 1.The submission of fingerprints, for processing through 1235 appropriate law enforcement agencies, by the applicant and the 1236 examination of police records by the department board. 1237 2.Such other investigation of the individual as the 1238 department board may deem necessary. 1239 (b)The department board may deny an application for 1240 licensure or renewal citing lack of good moral character. 1241 Conviction of a crime within the last 7 years does shall not 1242 automatically bar any applicant or licensee from obtaining a 1243 license or continuing as a licensee. The department board shall 1244 consider the type of crime committed, the crimes relevancy to 1245 the employee leasing industry, the length of time since the 1246 conviction and any other factors deemed relevant by the 1247 department board. 1248 (3)Each employee leasing company licensed by the 1249 department shall have a registered agent for service of process 1250 in this state and at least one licensed controlling person. In 1251 addition, each licensed employee leasing company shall comply 1252 with the following requirements: 1253 (a)The employment relationship with workers provided by 1254 the employee leasing company to a client company shall be 1255 established by written agreement between the leasing company and 1256 the client, and written notice of that relationship shall be 1257 given by the employee leasing company to each worker who is 1258 assigned to perform services at the client companys worksite. 1259 (b)An applicant for an initial employee leasing company 1260 license shall have a tangible accounting net worth of not less 1261 than $50,000. 1262 (c)An applicant for initial or renewal license of an 1263 employee leasing company license or employee leasing company 1264 group shall have an accounting net worth or shall have 1265 guaranties, letters of credit, or other security acceptable to 1266 the department board in sufficient amounts to offset any 1267 deficiency. A guaranty will not be acceptable to satisfy this 1268 requirement unless the applicant submits sufficient evidence to 1269 satisfy the department board that the guarantor has adequate 1270 resources to satisfy the obligation of the guaranty. 1271 (d)Each employee leasing company shall maintain an 1272 accounting net worth and positive working capital, as determined 1273 in accordance with generally accepted accounting principles, or 1274 shall have guaranties, letters of credit, or other security 1275 acceptable to the department board in sufficient amounts to 1276 offset any deficiency. A guaranty will not be acceptable to 1277 satisfy this requirement unless the licensee submits sufficient 1278 evidence, as defined by rule, that the guarantor has adequate 1279 resources to satisfy the obligation of the guaranty. In 1280 determining the amount of working capital, a licensee shall 1281 include adequate reserves for all taxes and insurance, including 1282 plans of self-insurance or partial self-insurance for claims 1283 incurred but not paid and for claims incurred but not reported. 1284 Compliance with the requirements of this paragraph is subject to 1285 verification by department or board audit. 1286 (e)Each employee leasing company or employee leasing 1287 company group shall submit annual financial statements audited 1288 by an independent certified public accountant, with the 1289 application and within 120 days after the end of each fiscal 1290 year, in a manner and time prescribed by the department board, 1291 provided however, that any employee leasing company or employee 1292 leasing company group with gross Florida payroll of less than 1293 $2.5 million during any fiscal year may submit financial 1294 statements reviewed by an independent certified public 1295 accountant for that year. 1296 (f)The licensee shall notify the department or board in 1297 writing within 30 days after any change in the application or 1298 status of the license. 1299 (g)Each employee leasing company or employee leasing 1300 company group shall maintain accounting and employment records 1301 relating to all employee leasing activities for a minimum of 3 1302 calendar years. 1303 Section 36.Subsections (3) and (5) of section 468.526, 1304 Florida Statutes, are amended to read: 1305 468.526License required; fees. 1306 (3)Each employee leasing company and employee leasing 1307 company group licensee shall pay to the department upon the 1308 initial issuance of a license and upon each renewal thereafter a 1309 license fee not to exceed $2,500 to be established by the 1310 department board. In addition to the license fee, the department 1311 board shall establish an annual assessment for each employee 1312 leasing company and each employee leasing company group 1313 sufficient to cover all costs for regulation of the profession 1314 pursuant to this chapter, chapter 455, and any other applicable 1315 provisions of law. The annual assessment shall: 1316 (a)Be due and payable upon initial licensure and 1317 subsequent renewals thereof and 1 year before the expiration of 1318 any licensure period; and 1319 (b)Be based on a fixed percentage, variable classes, or a 1320 combination of both, as determined by the department board, of 1321 gross Florida payroll for employees leased to clients by the 1322 applicant or licensee during the period beginning five quarters 1323 before and ending one quarter before each assessment. It is the 1324 intent of the Legislature that the greater weight of total fees 1325 for licensure and assessments should be on larger companies and 1326 groups. 1327 (5)Each controlling person licensee shall pay to the 1328 department upon the initial issuance of a license and upon each 1329 renewal thereafter a license fee to be established by the 1330 department board in an amount not to exceed $2,000. 1331 Section 37.Subsection (1) of section 468.527, Florida 1332 Statutes, is amended to read: 1333 468.527Licensure and license renewal. 1334 (1)The department shall license any applicant who the 1335 department board certifies is qualified to practice employee 1336 leasing as an employee leasing company, employee leasing company 1337 group, or controlling person. 1338 Section 38.Subsection (2) of section 468.5275, Florida 1339 Statutes, is amended to read: 1340 468.5275Registration and exemption of de minimis 1341 operations. 1342 (2)A registration is valid for 1 year. Each registrant 1343 shall pay to the department upon initial registration, and upon 1344 each renewal thereafter, a registration fee to be established by 1345 the department board in an amount not to exceed: 1346 (a)Two hundred and fifty dollars for an employee leasing 1347 company. 1348 (b)Five hundred dollars for an employee leasing company 1349 group. 1350 Section 39.Subsections (2), (4), and (5) of section 1351 468.529, Florida Statutes, are amended to read: 1352 468.529Licensees insurance; employment tax; benefit 1353 plans. 1354 (2)An initial or renewal license may not be issued to any 1355 employee leasing company unless the employee leasing company 1356 first files with the department board evidence of workers 1357 compensation coverage for all leased employees in this state. 1358 Each employee leasing company shall maintain and make available 1359 to its workers compensation carrier the following information: 1360 (a)The correct name and federal identification number of 1361 each client company. 1362 (b)A listing of all covered employees provided to each 1363 client company, by classification code. 1364 (c)The total eligible wages by classification code and the 1365 premiums due to the carrier for the employees provided to each 1366 client company. 1367 (4)An initial or renewal license may not be issued to any 1368 employee leasing company unless the employee leasing company 1369 first provides evidence to the department board, as required by 1370 department board rule, that the employee leasing company has 1371 paid all of the employee leasing companys obligations for 1372 payroll, payroll-related taxes, workers compensation insurance, 1373 and employee benefits. All disputed amounts must be disclosed in 1374 the application. 1375 (5)The provisions of this section are subject to 1376 verification by department or board audit. 1377 Section 40.Subsections (3) and (4) of section 468.530, 1378 Florida Statutes, are amended to read: 1379 468.530License, contents; posting. 1380 (3)No license shall be valid for any person or entity who 1381 engages in the business under any name other than that specified 1382 in the license. A license issued under this part is shall not be 1383 assignable, and no licensee may conduct a business under a 1384 fictitious name without prior written authorization of the 1385 department board to do so. The department board may not 1386 authorize the use of a name which is so similar to that of a 1387 public officer or agency, or of that used by another licensee, 1388 that the public may be confused or misled thereby. No licensee 1389 shall be permitted to conduct business under more than one name 1390 unless it has obtained a separate license. A licensee desiring 1391 to change its licensed name at any time except upon license 1392 renewal shall notify the department board and pay a fee not to 1393 exceed $50 for each authorized change of name. 1394 (4)Each employee leasing company or employee leasing 1395 company group licensed under this part shall be properly 1396 identified in all advertisements, which must include the license 1397 number, licensed business name, and other appropriate 1398 information in accordance with department rules established by 1399 the board. 1400 Section 41.Subsection (1) of section 468.531, Florida 1401 Statutes, is amended to read: 1402 468.531Prohibitions; penalties. 1403 (1)No person or entity shall: 1404 (a)Practice or offer to practice as an employee leasing 1405 company, an employee leasing company group, or a controlling 1406 person unless such person or entity is licensed pursuant to this 1407 part; 1408 (b)Practice or offer to practice as an employee leasing 1409 company or employee leasing company group unless all controlling 1410 persons thereof are licensed pursuant to this part; 1411 (c)Use the name or title licensed employee leasing 1412 company, employee leasing company, employee leasing company 1413 group, professional employer, professional employer 1414 organization, controlling person, or words that would tend to 1415 lead one to believe that such person or entity is registered 1416 pursuant to this part, when such person or entity has not 1417 registered pursuant to this part; 1418 (d)Present as his or her own or his or her entitys own 1419 the license of another; 1420 (e)Knowingly give false or forged evidence to the 1421 department board or a member thereof; or 1422 (f)Use or attempt to use a license that has been suspended 1423 or revoked. 1424 Section 42.Subsections (1), (2), and (4) of section 1425 468.532, Florida Statutes, are amended to read: 1426 468.532Discipline. 1427 (1)The following constitute grounds for which disciplinary 1428 action against a licensee may be taken by the department board: 1429 (a)Being convicted or found guilty of, or entering a plea 1430 of nolo contendere to, regardless of adjudication, bribery, 1431 fraud, or willful misrepresentation in obtaining, attempting to 1432 obtain, or renewing a license. 1433 (b)Being convicted or found guilty of, or entering a plea 1434 of nolo contendere to, regardless of adjudication, a crime in 1435 any jurisdiction which relates to the operation of an employee 1436 leasing business or the ability to engage in business as an 1437 employee leasing company. 1438 (c)Being convicted or found guilty of, or entering a plea 1439 of nolo contendere to, regardless of adjudication, fraud, 1440 deceit, or misconduct in the classification of employees 1441 pursuant to chapter 440. 1442 (d)Being convicted or found guilty of, or entering a plea 1443 of nolo contendere to, regardless of adjudication, fraud, 1444 deceit, or misconduct in the establishment or maintenance of 1445 self-insurance, be it health insurance or workers compensation 1446 insurance. 1447 (e)Being convicted or found guilty of, or entering a plea 1448 of nolo contendere to, regardless of adjudication, fraud, 1449 deceit, or misconduct in the operation of an employee leasing 1450 company. 1451 (f)Conducting business without an active license. 1452 (g)Failing to maintain workers compensation insurance as 1453 required in s. 468.529. 1454 (h)Transferring or attempting to transfer a license issued 1455 pursuant to this part. 1456 (i)Violating any provision of this part or any lawful 1457 order or rule issued under the provisions of this part or 1458 chapter 455. 1459 (j)Failing to notify the department board, in writing, of 1460 any change of the primary business address or the addresses of 1461 any of the licensees offices in the state. 1462 (k)Having been confined in any county jail, 1463 postadjudication, or being confined in any state or federal 1464 prison or mental institution, or when through mental disease or 1465 deterioration, the licensee can no longer safely be entrusted to 1466 deal with the public or in a confidential capacity. 1467 (l)Having been found guilty for a second time of any 1468 misconduct that warrants suspension or being found guilty of a 1469 course of conduct or practices which shows that the licensee is 1470 so incompetent, negligent, dishonest, or untruthful that the 1471 money, property, transactions, and rights of investors, or those 1472 with whom the licensee may sustain a confidential relationship, 1473 may not safely be entrusted to the licensee. 1474 (m)Failing to inform the department board in writing 1475 within 30 days after being convicted or found guilty of, or 1476 entering a plea of nolo contendere to, any felony, regardless of 1477 adjudication. 1478 (n)Failing to conform to any lawful order of the 1479 department board. 1480 (o)Being determined liable for civil fraud by a court in 1481 any jurisdiction. 1482 (p)Having adverse material final action taken by any state 1483 or federal regulatory agency for violations within the scope of 1484 control of the licensee. 1485 (q)Failing to inform the department board in writing 1486 within 30 days after any adverse material final action by a 1487 state or federal regulatory agency. 1488 (r)Failing to meet or maintain the requirements for 1489 licensure as an employee leasing company or controlling person. 1490 (s)Engaging as a controlling person any person who is not 1491 licensed as a controlling person by the department board. 1492 (t)Attempting to obtain, obtaining, or renewing a license 1493 to practice employee leasing by bribery, misrepresentation, or 1494 fraud. 1495 (2)When the department board finds any violation of 1496 subsection (1), it may do one or more of the following: 1497 (a)Deny an application for licensure. 1498 (b)Permanently revoke, suspend, restrict, or not renew a 1499 license. 1500 (c)Impose an administrative fine not to exceed $5,000 for 1501 every count or separate offense. 1502 (d)Issue a reprimand. 1503 (e)Place the licensee on probation for a period of time 1504 and subject to such conditions as the department board may 1505 specify. 1506 (f)Assess costs associated with investigation and 1507 prosecution. 1508 (4)The department board shall specify the penalties for 1509 any violation of this part. 1510 Section 43.Paragraph (a) of subsection (6) of section 1511 476.144, Florida Statutes, is amended to read: 1512 476.144Licensure. 1513 (6)A person may apply for a restricted license to practice 1514 barbering. The board shall adopt rules specifying procedures for 1515 an applicant to obtain a restricted license if the applicant: 1516 (a)1.Has successfully completed a restricted barber 1517 course, as established by rule of the board, at a school of 1518 barbering licensed pursuant to chapter 1005, a barbering program 1519 within the public school system, or a government-operated 1520 barbering program in this state; or 1521 2.a.Holds or has within the previous 5 years held an 1522 active valid license to practice barbering in another state or 1523 country or has held a Florida barbering license which has been 1524 declared null and void for failure to renew the license, and the 1525 applicant fulfilled the requirements of s. 476.114(2)(c) s. 1526 476.114(2)(c)2. for initial licensure; and 1527 b.Has not been disciplined relating to the practice of 1528 barbering in the previous 5 years; and 1529 1530 The restricted license shall limit the licensees practice to 1531 those specific areas in which the applicant has demonstrated 1532 competence pursuant to rules adopted by the board. 1533 Section 44.Paragraph (a) of subsection (2) of section 1534 627.192, Florida Statutes, is amended to read: 1535 627.192Workers compensation insurance; employee leasing 1536 arrangements. 1537 (2)For purposes of the Florida Insurance Code: 1538 (a)Employee leasing shall have the same meaning as set 1539 forth in s. 468.520(3) s. 468.520(4). 1540 Section 45.For the purpose of incorporating the amendment 1541 made by this act to section 723.061, Florida Statutes, in a 1542 reference thereto, subsection (1) of section 48.184, Florida 1543 Statutes, is reenacted to read: 1544 48.184Service of process for removal of unknown parties in 1545 possession. 1546 (1)This section applies only to actions governed by s. 1547 82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent 1548 that such actions seek relief for the removal of an unknown 1549 party or parties in possession of real property. The provisions 1550 of this section are cumulative to other provisions of law or 1551 rules of court about service of process, and all other such 1552 provisions are cumulative to this section. 1553 Section 46.For the purpose of incorporating the amendment 1554 made by this act to section 723.061, Florida Statutes, in a 1555 reference thereto, subsection (5) of section 723.004, Florida 1556 Statutes, is reenacted to read: 1557 723.004Legislative intent; preemption of subject matter. 1558 (5)Nothing in this chapter shall be construed to prevent 1559 the enforcement of a right or duty under this section, s. 1560 723.022, s. 723.023, s. 723.031, s. 723.032, s. 723.033, s. 1561 723.035, s. 723.037, s. 723.038, s. 723.061, s. 723.0615, s. 1562 723.062, s. 723.063, or s. 723.081 by civil action after the 1563 party has exhausted its administrative remedies, if any. 1564 Section 47.For the purpose of incorporating the amendment 1565 made by this act to section 723.061, Florida Statutes, in a 1566 reference thereto, subsection (9) of section 723.031, Florida 1567 Statutes, is reenacted to read: 1568 723.031Mobile home lot rental agreements. 1569 (9)No rental agreement shall provide for the eviction of a 1570 mobile home owner on a ground other than one contained in s. 1571 723.061. 1572 Section 48.For the purpose of incorporating the amendment 1573 made by this act to section 723.061, Florida Statutes, in a 1574 reference thereto, subsection (1) of section 723.032, Florida 1575 Statutes, is reenacted to read: 1576 723.032Prohibited or unenforceable provisions in mobile 1577 home lot rental agreements. 1578 (1)A mobile home lot rental agreement may provide a 1579 specific duration with regard to the amount of rental payments 1580 and other conditions of the tenancy, but the rental agreement 1581 shall neither provide for, nor be construed to provide for, the 1582 termination of any tenancy except as provided in s. 723.061. 1583 Section 49.For the purpose of incorporating the amendment 1584 made by this act to section 723.061, Florida Statutes, in a 1585 reference thereto, subsection (2) of section 723.085, Florida 1586 Statutes, is reenacted to read: 1587 723.085Rights of lienholder on mobile homes in rental 1588 mobile home parks. 1589 (2)Upon the foreclosure of the lien for unpaid purchase 1590 price and sale of the mobile home, the owner of the mobile home 1591 must qualify for tenancy in the mobile home park in accordance 1592 with the rules and regulations of the mobile home park. The park 1593 owner shall comply with the provisions of s. 723.061 in 1594 determining whether the homeowner may qualify as a tenant. 1595 Section 50.For the purpose of incorporating the amendment 1596 made by this act to section 723.06115, Florida Statutes, in a 1597 reference thereto, subsection (1) of section 320.08015, Florida 1598 Statutes, is reenacted to read: 1599 320.08015License tax surcharge. 1600 (1)Except as provided in subsection (2), there is levied 1601 on each license tax imposed under s. 320.08(11) a surcharge in 1602 the amount of $1, which shall be collected in the same manner as 1603 the license tax and shall be deposited in the Florida Mobile 1604 Home Relocation Trust Fund, as created in s. 723.06115. This 1605 surcharge may not be imposed during the next registration and 1606 renewal period if the balance in the Florida Mobile Home 1607 Relocation Trust Fund exceeds $10 million on June 30. The 1608 surcharge shall be reinstated in the next registration and 1609 renewal period if the balance in the Florida Mobile Home 1610 Relocation Trust Fund is below $6 million on June 30. 1611 Section 51.This act shall take effect July 1, 2024.