Florida Senate - 2024 CS for SB 1544 By the Committee on Regulated Industries; and Senator Hooper 580-02901-24 20241544c1 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 ss. 20.165, 102 210.16, 212.08, 440.02, 448.26, 468.520, 468.522, 103 468.524, 468.5245, 468.525, 468.526, 468.527, 104 468.5275, 468.529, 468.530, 468.531, 468.532, 476.144, 105 and 627.192, F.S.; conforming cross-references and 106 provisions to changes made by the act; providing an 107 effective date. 108 109 Be It Enacted by the Legislature of the State of Florida: 110 111 Section 1.Present paragraphs (a) through (h) of subsection 112 (1) of section 210.15, Florida Statutes, are redesignated as 113 paragraphs (b) through (i), respectively, and a new paragraph 114 (a) is added to that subsection, to read: 115 210.15Permits. 116 (1) 117 (a)A person or an entity licensed or permitted by the 118 division, or applying for a license or a permit, must create and 119 maintain an account with the divisions online system and 120 provide an e-mail address to the division to function as the 121 primary means of contact for all communication by the division 122 to the licensee, permittee, or applicant. Licensees, permittees, 123 and applicants are responsible for maintaining accurate contact 124 information on file with the division. A person or an entity 125 seeking a license or permit under this part must apply using 126 forms furnished by the division which are filed through the 127 divisions online system before commencing operations. The 128 division may not process an application for a license or permit 129 issued by the division under this part unless the application is 130 submitted through the divisions online system. 131 Section 2.Section 210.32, Florida Statutes, is created to 132 read: 133 210.32Account; online system.A person or an entity 134 licensed or permitted by the division, or applying for a license 135 or a permit, must create and maintain an account with the 136 divisions online system and provide an e-mail address to the 137 division to function as the primary means of contact for all 138 communication by the division to the licensee, permittee, or 139 applicant. Licensees, permittees, and applicants are responsible 140 for maintaining accurate contact information on file with the 141 division. A person or an entity seeking a license or a permit 142 under this part must apply using forms furnished by the division 143 which are filed through the divisions online system before 144 commencing operations. The division may not process an 145 application for a license or permit issued by the division under 146 this part unless the application is submitted through the 147 divisions online system. 148 Section 3.Section 210.40, Florida Statutes, is amended to 149 read: 150 210.40License fees; surety bond; application for each 151 place of business. 152 (1)Each application for a distributors license must shall 153 be accompanied by a fee of $25. The application must shall also 154 be accompanied by a corporate surety bond issued by a surety 155 company authorized to do business in this state, conditioned for 156 the payment when due of all taxes, penalties, and accrued 157 interest which may be due the state. The initial corporate 158 surety bond shall be in the sum of $25,000 $1,000 and in a form 159 prescribed by the division. 160 (a)The division shall review the amount of a corporate 161 surety bond on a semiannual basis to ensure that the bond amount 162 is adequate to protect the state. 163 (b)The division may increase the corporate surety bond 164 amount before renewing a distributors license or after 165 completing its semiannual review of the bond amount. 166 (c)The corporate surety bond amount may be increased to 167 the sum of the distributors highest month of final audited tax 168 liabilities, penalties, and accrued interest which are due to 169 the state. 170 (2)A corporate surety bond, with the sum determined by the 171 division in accordance with paragraph (1)(c), is required for 172 renewal of a distributors license. 173 (3)The division may prescribe by rule increases in the 174 corporate surety bond amounts required as a condition of 175 licensure. 176 (4)(a)The division may reduce the amount of a corporate 177 surety bond upon a distributors showing of good cause. For 178 purposes of this subsection, the term: 179 1.Fully resolved means that criminal or administrative 180 charges or investigations have been definitively closed or 181 dismissed, have resulted in an acquittal, or have otherwise 182 ended in such a manner that no further legal or administrative 183 actions relating to charges or investigations are pending 184 against a licensee under applicable laws, rules, or regulations. 185 2.Good cause means a consistent pattern of responsible 186 financial behavior by the distributor over a period of at least 187 the preceding 4 years, and having the sum of the distributors 188 final audited tax liabilities, penalties, and interest be less 189 than the amount of the distributors corporate surety bond for 190 every month for a period of at least the preceding 4 years. 191 3.Responsible financial behavior includes the timely and 192 complete reporting and payment of all tax liabilities, 193 penalties, and accrued interest due to the state for a period of 194 at least the preceding 4 years. 195 (b)The division may not reduce a corporate surety bond 196 amount when a licensee: 197 1.Is in default of any tax liabilities, penalties, or 198 interest due to the state; 199 2.Is the subject of a pending criminal prosecution in any 200 jurisdiction until such prosecution has been fully resolved; 201 3.Has pending administrative charges brought by an 202 authorized regulatory body or agency which have not been fully 203 resolved in accordance with applicable rules and procedures; or 204 4.Is under investigation by any administrative body or 205 agency for potential criminal violations until any such 206 investigation is completed and the findings of the investigation 207 have been fully resolved in accordance with applicable law. 208 (5)The division shall notify a distributor in writing of 209 any change in the distributors corporate surety bond 210 requirements by the date on which the distributors audited tax 211 assessments become final. 212 (6)The provisions of this section governing corporate 213 surety bonds are not subject to s. 120.60 Whenever it is the 214 opinion of the division that the bond given by a licensee is 215 inadequate in amount to fully protect the state, the division 216 shall require an additional bond in such amount as is deemed 217 sufficient. 218 (7)A separate application for a license must shall be made 219 for each place of business at which a distributor proposes to 220 engage in business as a distributor under this part, but an 221 applicant may provide one corporate surety bond in an amount 222 determined by the division for all applications made by the 223 distributor consistent with the requirements of this section. 224 (8)The division may adopt rules to administer this 225 section. 226 Section 4.Paragraph (d) of subsection (3) of section 227 310.0015, Florida Statutes, is amended to read: 228 310.0015Piloting regulation; general provisions. 229 (3)The rate-setting process, the issuance of licenses only 230 in numbers deemed necessary or prudent by the board, and other 231 aspects of the economic regulation of piloting established in 232 this chapter are intended to protect the public from the adverse 233 effects of unrestricted competition which would result from an 234 unlimited number of licensed pilots being allowed to market 235 their services on the basis of lower prices rather than safety 236 concerns. This system of regulation benefits and protects the 237 public interest by maximizing safety, avoiding uneconomic 238 duplication of capital expenses and facilities, and enhancing 239 state regulatory oversight. The system seeks to provide pilots 240 with reasonable revenues, taking into consideration the normal 241 uncertainties of vessel traffic and port usage, sufficient to 242 maintain reliable, stable piloting operations. Pilots have 243 certain restrictions and obligations under this system, 244 including, but not limited to, the following: 245 (d)1.The pilot or pilots in a port shall train and 246 compensate all member deputy pilots in that port. Failure to 247 train or compensate such deputy pilots constitutes shall 248 constitute a ground for disciplinary action under s. 310.101. 249 Nothing in this subsection may shall be deemed to create an 250 agency or employment relationship between a pilot or deputy 251 pilot and the pilot or pilots in a port. 252 2.The pilot or pilots in a port shall establish a 253 competency-based mentor program by which minority persons as 254 defined in s. 288.703 may acquire the skills for the 255 professional preparation and education competency requirements 256 of a licensed state pilot or certificated deputy pilot. The 257 department shall provide the Governor, the President of the 258 Senate, and the Speaker of the House of Representatives with a 259 report each year on the number of minority persons as defined in 260 s. 288.703 who have participated in each mentor program, who are 261 licensed state pilots or certificated deputy pilots, and who 262 have applied for state pilot licensure or deputy pilot 263 certification. 264 Section 5.Subsection (2) of section 310.081, Florida 265 Statutes, is amended to read: 266 310.081Department to examine and license state pilots and 267 certificate deputy pilots; vacancies. 268 (2)The department shall similarly examine persons who file 269 applications for certificate as deputy pilot, and, if upon 270 examination to determine proficiency the department finds them 271 qualified, the department must shall certify as qualified all 272 applicants who pass the examination, provided that not more than 273 five persons who passed the examination are certified for each 274 declared opening. If more than five applicants per opening pass 275 the examination, the persons having the highest scores must 276 shall be certified as qualified up to the number of openings 277 times five. The department shall give consideration to the 278 minority and female status of applicants when qualifying deputy 279 pilots, in the interest of ensuring diversification within the 280 state piloting profession. The department shall appoint and 281 certificate such number of deputy pilots from those applicants 282 deemed qualified as in the discretion of the board are required 283 in the respective ports of the state. A deputy pilot shall be 284 authorized by the department to pilot vessels within the limits 285 and specifications established by the licensed state pilots at 286 the port where the deputy is appointed to serve. 287 Section 6.Section 399.18, Florida Statutes, is created to 288 read: 289 399.18Online services account. 290 (1)A certified elevator inspector, certified elevator 291 technician, or registered elevator company; a person or entity 292 seeking to become certified or registered as such; a person who 293 has been issued an elevator certificate of competency; a person 294 who is seeking such certificate; a person or entity who has been 295 issued an elevator certificate of operation; and a person or 296 entity who is seeking such a certificate must create and 297 maintain an online account with the division and provide an e 298 mail address to the division to function as the primary means of 299 contact for all communication from the division. Each person or 300 entity is responsible for maintaining accurate contact 301 information on file with the division. 302 (2)The division shall adopt rules to implement this 303 section. 304 Section 7.Section 468.519, Florida Statutes, is created, 305 and incorporated into part XI of chapter 468, Florida Statutes, 306 to read: 307 468.519Employee leasing companies licensing program; 308 purpose. 309 (1)There is created within the department the employee 310 leasing companies licensing program. 311 (2)The Legislature finds it necessary in the interest of 312 the public safety and welfare to ensure that consumers of 313 employee leasing companies can rely on the competence and 314 integrity of such companies through the licensing requirements 315 of this part. 316 Section 8.Section 468.521, Florida Statutes, is repealed. 317 Section 9.Paragraph (c) of subsection (2) of section 318 469.006, Florida Statutes, is amended to read: 319 469.006Licensure of business organizations; qualifying 320 agents. 321 (2) 322 (c)As a prerequisite to the issuance of a license under 323 this section, the applicant shall submit the following: 324 1.An affidavit on a form provided by the department 325 attesting that the applicant has obtained workers compensation 326 insurance as required by chapter 440, public liability 327 insurance, and property damage insurance, in amounts determined 328 by department rule. The department shall establish by rule a 329 procedure to verify the accuracy of such affidavits based upon a 330 random sample method. 331 2.Evidence of financial responsibility. The department 332 shall adopt rules to determine financial responsibility which 333 must shall specify grounds on which the department may deny 334 licensure. Such criteria must shall include, but is not be 335 limited to, credit history and limits of bondability and credit. 336 Section 10.Section 473.306, Florida Statutes, is amended 337 to read: 338 473.306Examinations. 339 (1)A person desiring to be licensed as a Florida certified 340 public accountant shall apply to the department to take the 341 licensure examination. 342 (2)A person applying to the department to take the 343 licensure examination must create and maintain an online account 344 with the department and provide an e-mail address to function as 345 the primary means of contact for all communication to the 346 applicant from the department. Each applicant is responsible for 347 maintaining accurate contact information on file with the 348 department and must submit any change in the applicants e-mail 349 address or home address within 30 days after the change. All 350 changes must be submitted through the departments online 351 system. 352 (3)An applicant is entitled to take the licensure 353 examination to practice in this state as a certified public 354 accountant if: 355 (a)The applicant has completed 120 semester hours or 180 356 quarter hours from an accredited college or university with a 357 concentration in accounting and business courses as specified by 358 the board by rule; and 359 (b)The applicant shows that she or he has good moral 360 character. For purposes of this paragraph, the term good moral 361 character has the same meaning as provided in s. 473.308(7)(a) 362 s. 473.308(6)(a). The board may refuse to allow an applicant to 363 take the licensure examination for failure to satisfy this 364 requirement if: 365 1.The board finds a reasonable relationship between the 366 lack of good moral character of the applicant and the 367 professional responsibilities of a certified public accountant; 368 and 369 2.The finding by the board of lack of good moral character 370 is supported by competent substantial evidence. 371 372 If an applicant is found pursuant to this paragraph to be 373 unqualified to take the licensure examination because of a lack 374 of good moral character, the board shall furnish to the 375 applicant a statement containing the findings of the board, a 376 complete record of the evidence upon which the determination was 377 based, and a notice of the rights of the applicant to a 378 rehearing and appeal. 379 (4)(3)The board shall have the authority to establish the 380 standards for determining and shall determine: 381 (a)What constitutes a passing grade for each subject or 382 part of the licensure examination; 383 (b)Which educational institutions, in addition to the 384 universities in the State University System of Florida, shall be 385 deemed to be accredited colleges or universities; 386 (c)What courses and number of hours constitute a major in 387 accounting; and 388 (d)What courses and number of hours constitute additional 389 accounting courses acceptable under s. 473.308(4) s. 473.308(3). 390 (5)(4)The board may adopt an alternative licensure 391 examination for persons who have been licensed to practice 392 public accountancy or its equivalent in a foreign country so 393 long as the International Qualifications Appraisal Board of the 394 National Association of State Boards of Accountancy has ratified 395 an agreement with that country for reciprocal licensure. 396 (6)(5)For the purposes of maintaining the proper 397 educational qualifications for licensure under this chapter, the 398 board may appoint an Educational Advisory Committee, which shall 399 be composed of one member of the board, two persons in public 400 practice who are licensed under this chapter, and four 401 academicians on faculties of universities in this state. 402 Section 11.Present subsections (3) through (9) of section 403 473.308, Florida Statutes, are redesignated as subsections (4) 404 through (10), respectively, a new subsection (3) is added to 405 that section, and subsection (2), paragraph (b) of present 406 subsection (4), and present subsection (8) of that section are 407 amended, to read: 408 473.308Licensure. 409 (2)The board shall certify for licensure any applicant who 410 successfully passes the licensure examination and satisfies the 411 requirements of subsections (4), (5), and (6) (3), (4), and (5), 412 and shall certify for licensure any firm that satisfies the 413 requirements of ss. 473.309 and 473.3101. The board may refuse 414 to certify any applicant or firm that has violated any of the 415 provisions of s. 473.322. 416 (3)A person desiring to be licensed as a Florida certified 417 public accountant or a firm desiring to engage in the practice 418 of public accounting must create and maintain an online account 419 with the department and provide an e-mail address to function as 420 the primary means of contact for all communication from the 421 department. Certified public accountants and firms are 422 responsible for maintaining accurate contact information on file 423 with the department and must submit any change in an e-mail 424 address or street address within 30 days after the change. All 425 changes must be submitted through the departments online 426 system. 427 (5)(4) 428 (b)However, an applicant who completed the requirements of 429 subsection (4) (3) on or before December 31, 2008, and who 430 passes the licensure examination on or before June 30, 2010, is 431 exempt from the requirements of this subsection. 432 (9)(8)If the applicant has at least 5 years of experience 433 in the practice of public accountancy in the United States or in 434 the practice of public accountancy or its equivalent in a 435 foreign country that the International Qualifications Appraisal 436 Board of the National Association of State Boards of Accountancy 437 has determined has licensure standards that are substantially 438 equivalent to those in the United States, or has at least 5 439 years of work experience that meets the requirements of 440 subsection (5) (4), the board must shall waive the requirements 441 of subsection (4) (3) which are in excess of a baccalaureate 442 degree. All experience that is used as a basis for waiving the 443 requirements of subsection (4) (3) must be while licensed as a 444 certified public accountant by another state or territory of the 445 United States or while licensed in the practice of public 446 accountancy or its equivalent in a foreign country that the 447 International Qualifications Appraisal Board of the National 448 Association of State Boards of Accountancy has determined has 449 licensure standards that are substantially equivalent to those 450 in the United States. The board shall have the authority to 451 establish the standards for experience that meet this 452 requirement. 453 Section 12.Subsection (2) of section 475.181, Florida 454 Statutes, is amended to read: 455 475.181Licensure. 456 (2)The commission shall certify for licensure any 457 applicant who satisfies the requirements of ss. 475.17, 475.175, 458 and 475.180. The commission may refuse to certify any applicant 459 who has violated any of the provisions of s. 475.42 or who is 460 subject to discipline under s. 475.25. The application shall 461 expire 2 years after the date received if the applicant does not 462 pass the appropriate examination. Additionally, if an applicant 463 does not pass the licensing examination within 2 years after the 464 successful course completion date, the applicants successful 465 course completion is invalid for licensure. 466 Section 13.Subsections (2) and (3) of section 476.114, 467 Florida Statutes, are amended to read: 468 476.114Examination; prerequisites. 469 (2)An applicant is shall be eligible for licensure by 470 examination to practice barbering if the applicant: 471 (a)Is at least 16 years of age; 472 (b)Pays the required application fee; and 473 (c)1.Holds an active valid license to practice barbering 474 in another state, has held the license for at least 1 year, and 475 does not qualify for licensure by endorsement as provided for in 476 s. 476.144(5); or 477 2.Has received a minimum of 900 hours of training in 478 sanitation, safety, and laws and rules, as established by the 479 board, which must shall include, but is shall not be limited to, 480 the equivalent of completion of services directly related to the 481 practice of barbering at one of the following: 482 1.a.A school of barbering licensed pursuant to chapter 483 1005; 484 2.b.A barbering program within the public school system; 485 or 486 3.c.A government-operated barbering program in this state. 487 488 The board shall establish by rule procedures whereby the school 489 or program may certify that a person is qualified to take the 490 required examination after the completion of a minimum of 600 491 actual school hours. If the person passes the examination, she 492 or he has shall have satisfied this requirement; but if the 493 person fails the examination, she or he may shall not be 494 qualified to take the examination again until the completion of 495 the full requirements provided by this section. 496 (3)An applicant who meets the requirements set forth in 497 paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass 498 the examination may take subsequent examinations as many times 499 as necessary to pass, except that the board may specify by rule 500 reasonable timeframes for rescheduling the examination and 501 additional training requirements for applicants who, after the 502 third attempt, fail to pass the examination. Prior to 503 reexamination, the applicant must file the appropriate form and 504 pay the reexamination fee as required by rule. 505 Section 14.Subsection (2) of section 477.019, Florida 506 Statutes, is amended to read: 507 477.019Cosmetologists; qualifications; licensure; 508 supervised practice; license renewal; endorsement; continuing 509 education. 510 (2)An applicant is shall be eligible for licensure by 511 examination to practice cosmetology if the applicant: 512 (a)Is at least 16 years of age or has received a high 513 school diploma; 514 (b)Pays the required application fee, which is not 515 refundable, and the required examination fee, which is 516 refundable if the applicant is determined to not be eligible for 517 licensure for any reason other than failure to successfully 518 complete the licensure examination; and 519 (c)1.Is authorized to practice cosmetology in another 520 state or country, has been so authorized for at least 1 year, 521 and does not qualify for licensure by endorsement as provided 522 for in subsection (5); or 523 2.Has received a minimum of 1,200 hours of training as 524 established by the board, which must shall include, but is shall 525 not be limited to, the equivalent of completion of services 526 directly related to the practice of cosmetology at one of the 527 following: 528 1.a.A school of cosmetology licensed pursuant to chapter 529 1005. 530 2.b.A cosmetology program within the public school system. 531 3.c.The Cosmetology Division of the Florida School for the 532 Deaf and the Blind, provided the division meets the standards of 533 this chapter. 534 4.d.A government-operated cosmetology program in this 535 state. 536 537 The board shall establish by rule procedures whereby the school 538 or program may certify that a person is qualified to take the 539 required examination after the completion of a minimum of 1,000 540 actual school hours. If the person then passes the examination, 541 he or she has shall have satisfied this requirement; but if the 542 person fails the examination, he or she may shall not be 543 qualified to take the examination again until the completion of 544 the full requirements provided by this section. 545 Section 15.Paragraph (c) of subsection (7) of section 546 489.131, Florida Statutes, is amended to read: 547 489.131Applicability. 548 (7) 549 (c)In addition to any action the local jurisdiction 550 enforcement body may take against the individuals local 551 license, and any fine the local jurisdiction may impose, the 552 local jurisdiction enforcement body shall issue a recommended 553 penalty for board action. This recommended penalty may include a 554 recommendation for no further action, or a recommendation for 555 suspension, restitution, revocation, or restriction of the 556 registration, or a fine to be levied by the board, or a 557 combination thereof. The recommended penalty must specify the 558 violations of this chapter upon which the recommendation is 559 based. The local jurisdiction enforcement body shall inform the 560 disciplined contractor and the complainant of the local license 561 penalty imposed, the board penalty recommended, his or her 562 rights to appeal, and the consequences should he or she decide 563 not to appeal. The local jurisdiction enforcement body shall, 564 upon having reached adjudication or having accepted a plea of 565 nolo contendere, immediately inform the board of its action and 566 the recommended board penalty. 567 Section 16.Subsections (3) and (6) of section 489.143, 568 Florida Statutes, are amended to read: 569 489.143Payment from the fund. 570 (3)Beginning January 1, 2005, for each Division I contract 571 entered into after July 1, 2004, payment from the recovery fund 572 is subject to a $50,000 maximum payment for each Division I 573 claim. Beginning January 1, 2017, for each Division II contract 574 entered into on or after July 1, 2016, payment from the recovery 575 fund is subject to a $15,000 maximum payment for each Division 576 II claim. Beginning January 1, 2025, for Division I and Division 577 II contracts entered into on or after July 1, 2024, payment from 578 the recovery fund is subject to a $100,000 maximum payment for 579 each Division I claim and a $30,000 maximum payment for each 580 Division II claim. 581 (6)For contracts entered into before July 1, 2004, 582 payments for claims against any one licensee may not exceed, in 583 the aggregate, $100,000 annually, up to a total aggregate of 584 $250,000. For any claim approved by the board which is in excess 585 of the annual cap, the amount in excess of $100,000 up to the 586 total aggregate cap of $250,000 is eligible for payment in the 587 next and succeeding fiscal years, but only after all claims for 588 the then-current calendar year have been paid. Payments may not 589 exceed the aggregate annual or per claimant limits under law. 590 Beginning January 1, 2005, for each Division I contract entered 591 into after July 1, 2004, payment from the recovery fund is 592 subject only to a total aggregate cap of $500,000 for each 593 Division I licensee. Beginning January 1, 2017, for each 594 Division II contract entered into on or after July 1, 2016, 595 payment from the recovery fund is subject only to a total 596 aggregate cap of $150,000 for each Division II licensee. 597 Beginning January 1, 2025, for Division I and Division II 598 contracts entered into on or after July 1, 2024, payment from 599 the recovery fund is subject only to a total aggregate cap of $2 600 million for each Division I licensee and $600,000 for each 601 Division II licensee. 602 Section 17.Paragraph (b) of subsection (15) of section 603 499.012, Florida Statutes, is amended to read: 604 499.012Permit application requirements. 605 (15) 606 (b)To be certified as a designated representative, a 607 natural person must: 608 1.Submit an application on a form furnished by the 609 department and pay the appropriate fees. 610 2.Be at least 18 years of age. 611 3.Have at least 2 years of verifiable full-time: 612 a.Work experience in a pharmacy licensed in this state or 613 another state, where the persons responsibilities included, but 614 were not limited to, recordkeeping for prescription drugs; 615 b.Managerial experience with a prescription drug wholesale 616 distributor licensed in this state or in another state; or 617 c.Managerial experience with the United States Armed 618 Forces, where the persons responsibilities included, but were 619 not limited to, recordkeeping, warehousing, distributing, or 620 other logistics services pertaining to prescription drugs; 621 d.Managerial experience with a state or federal 622 organization responsible for regulating or permitting 623 establishments involved in the distribution of prescription 624 drugs, whether in an administrative or a sworn law enforcement 625 capacity; or 626 e.Work experience as a drug inspector or investigator with 627 a state or federal organization, whether in an administrative or 628 a sworn law enforcement capacity, where the persons 629 responsibilities related primarily to compliance with state or 630 federal requirements pertaining to the distribution of 631 prescription drugs. 632 4.Receive a passing score of at least 75 percent on an 633 examination given by the department regarding federal laws 634 governing distribution of prescription drugs and this part and 635 the rules adopted by the department governing the wholesale 636 distribution of prescription drugs. This requirement shall be 637 effective 1 year after the results of the initial examination 638 are mailed to the persons that took the examination. The 639 department shall offer such examinations at least four times 640 each calendar year. 641 5.Provide the department with a personal information 642 statement and fingerprints pursuant to subsection (9). 643 Section 18.Subsection (5) of section 561.17, Florida 644 Statutes, is amended to read: 645 561.17License and registration applications; approved 646 person. 647 (5)Any person or entity licensed or permitted by the 648 division, or applying for a license or permit, must create and 649 maintain an account with the divisions online system and 650 provide an e-mail electronic mail address to the division to 651 function as the primary means of contact for all communication 652 by the division to the licensee, or permittee, or applicant. 653 Licensees, and permittees, and applicants are responsible for 654 maintaining accurate contact information on file with the 655 division. A person or an entity seeking a license or permit from 656 the division must apply using forms prepared by the division and 657 filed through the divisions online system before engaging in 658 any business for which a license or permit is required. The 659 division may not process an application for an alcoholic 660 beverage license unless the application is submitted through the 661 divisions online system. 662 Section 19.Section 569.00256, Florida Statutes, is created 663 to read: 664 569.00256Account; online system.A person or an entity 665 licensed or permitted by the division under this part, or 666 applying for a license or a permit, must create and maintain an 667 account with the divisions online system and provide an e-mail 668 address to the division to function as the primary means of 669 contact for all communication by the division to the licensee, 670 permittee, or applicant. Licensees, permittees, and applicants 671 are responsible for maintaining accurate contact information 672 with the division. A person or an entity seeking a license or 673 permit from the division must apply using forms prepared by the 674 division and filed through the divisions online system before 675 engaging in any business for which a license or permit is 676 required. The division may not process an application to deal, 677 at retail, in tobacco products unless the application is 678 submitted through the divisions online system. 679 Section 20.Section 569.3156, Florida Statutes, is created 680 to read: 681 569.3156Account; online system.A person or an entity 682 licensed or permitted by the division under this part, or 683 applying for a license or a permit, must create and maintain an 684 account with the divisions online system and provide an e-mail 685 address to the division to function as the primary means of 686 contact for all communication by the division to the licensee, 687 permittee, or applicant. Licensees, permittees, and applicants 688 are responsible for maintaining accurate contact information 689 with the division. A person or an entity seeking a license or 690 permit from the division must apply using forms prepared by the 691 division and filed through the divisions online system before 692 engaging in any business for which a license or permit is 693 required. The division may not process an application to deal, 694 at retail, in nicotine products unless the application is 695 submitted through the divisions online system. 696 Section 21.Paragraph (a) of subsection (4) of section 697 20.165, Florida Statutes, is amended to read: 698 20.165Department of Business and Professional Regulation. 699 There is created a Department of Business and Professional 700 Regulation. 701 (4)(a)The following boards and programs are established 702 within the Division of Professions: 703 1.Board of Architecture and Interior Design, created under 704 part I of chapter 481. 705 2.Florida Board of Auctioneers, created under part VI of 706 chapter 468. 707 3.Barbers Board, created under chapter 476. 708 4.Florida Building Code Administrators and Inspectors 709 Board, created under part XII of chapter 468. 710 5.Construction Industry Licensing Board, created under 711 part I of chapter 489. 712 6.Board of Cosmetology, created under chapter 477. 713 7.Electrical Contractors Licensing Board, created under 714 part II of chapter 489. 715 8.Employee leasing companies licensing program Board of 716 Employee Leasing Companies, created under part XI of chapter 717 468. 718 9.Board of Landscape Architecture, created under part II 719 of chapter 481. 720 10.Board of Pilot Commissioners, created under chapter 721 310. 722 11.Board of Professional Engineers, created under chapter 723 471. 724 12.Board of Professional Geologists, created under chapter 725 492. 726 13.Board of Veterinary Medicine, created under chapter 727 474. 728 14.Home inspection services licensing program, created 729 under part XV of chapter 468. 730 15.Mold-related services licensing program, created under 731 part XVI of chapter 468. 732 Section 22.Subsection (2) of section 210.16, Florida 733 Statutes, is amended to read: 734 210.16Revocation or suspension of permit. 735 (2)The division shall revoke the permit or permits of any 736 person who would be ineligible to obtain a new license or renew 737 a license by reason of any of the conditions for permitting 738 provided in s. 210.15(1)(d)1.-6. s. 210.15(1)(c)1.-6. 739 Section 23.Paragraph (uuu) of subsection (7) of section 740 212.08, Florida Statutes, is amended to read: 741 212.08Sales, rental, use, consumption, distribution, and 742 storage tax; specified exemptions.The sale at retail, the 743 rental, the use, the consumption, the distribution, and the 744 storage to be used or consumed in this state of the following 745 are hereby specifically exempt from the tax imposed by this 746 chapter. 747 (7)MISCELLANEOUS EXEMPTIONS.Exemptions provided to any 748 entity by this chapter do not inure to any transaction that is 749 otherwise taxable under this chapter when payment is made by a 750 representative or employee of the entity by any means, 751 including, but not limited to, cash, check, or credit card, even 752 when that representative or employee is subsequently reimbursed 753 by the entity. In addition, exemptions provided to any entity by 754 this subsection do not inure to any transaction that is 755 otherwise taxable under this chapter unless the entity has 756 obtained a sales tax exemption certificate from the department 757 or the entity obtains or provides other documentation as 758 required by the department. Eligible purchases or leases made 759 with such a certificate must be in strict compliance with this 760 subsection and departmental rules, and any person who makes an 761 exempt purchase with a certificate that is not in strict 762 compliance with this subsection and the rules is liable for and 763 shall pay the tax. The department may adopt rules to administer 764 this subsection. 765 (uuu)Small private investigative agencies. 766 1.As used in this paragraph, the term: 767 a.Private investigation services has the same meaning as 768 private investigation, as defined in s. 493.6101(17). 769 b.Small private investigative agency means a private 770 investigator licensed under s. 493.6201 which: 771 (I)Employs three or fewer full-time or part-time 772 employees, including those performing services pursuant to an 773 employee leasing arrangement as defined in s. 468.520(3) s. 774 468.520(4), in total; and 775 (II)During the previous calendar year, performed private 776 investigation services otherwise taxable under this chapter in 777 which the charges for the services performed were less than 778 $150,000 for all its businesses related through common 779 ownership. 780 2.The sale of private investigation services by a small 781 private investigative agency to a client is exempt from the tax 782 imposed by this chapter. 783 3.The exemption provided by this paragraph may not apply 784 in the first calendar year a small private investigative agency 785 conducts sales of private investigation services taxable under 786 this chapter. 787 Section 24.Paragraph (a) of subsection (19) of section 788 440.02, Florida Statutes, is amended to read: 789 440.02Definitions.When used in this chapter, unless the 790 context clearly requires otherwise, the following terms shall 791 have the following meanings: 792 (19)(a)Employer means the state and all political 793 subdivisions thereof, all public and quasi-public corporations 794 therein, every person carrying on any employment, and the legal 795 representative of a deceased person or the receiver or trustees 796 of any person. The term also includes employee leasing 797 companies, as defined in s. 468.520(4) s. 468.520(5), and 798 employment agencies that provide their own employees to other 799 persons. If the employer is a corporation, parties in actual 800 control of the corporation, including, but not limited to, the 801 president, officers who exercise broad corporate powers, 802 directors, and all shareholders who directly or indirectly own a 803 controlling interest in the corporation, are considered the 804 employer for the purposes of ss. 440.105, 440.106, and 440.107. 805 Section 25.Section 448.26, Florida Statutes, is amended to 806 read: 807 448.26Application.Nothing in this part shall exempt any 808 client of any labor pool or temporary help arrangement entity as 809 defined in s. 468.520(3)(a) s. 468.520(4)(a) or any assigned 810 employee from any other license requirements of state, local, or 811 federal law. Any employee assigned to a client who is licensed, 812 registered, or certified pursuant to law shall be deemed an 813 employee of the client for such licensure purposes but shall 814 remain an employee of the labor pool or temporary help 815 arrangement entity for purposes of chapters 440 and 443. 816 Section 26.Subsection (2) of section 468.520, Florida 817 Statutes, is amended to read: 818 468.520Definitions.As used in this part: 819 (2)Board means the Board of Employee Leasing Companies. 820 Section 27.Section 468.522, Florida Statutes, is amended 821 to read: 822 468.522Rules of the board.The department may board has 823 authority to adopt rules pursuant to ss. 120.536(1) and 120.54 824 to implement the provisions of this part. Every licensee shall 825 be governed and controlled by this part and the rules adopted by 826 the department board. 827 Section 28.Subsections (2) and (4) of section 468.524, 828 Florida Statutes, are amended to read: 829 468.524Application for license. 830 (2)The department board may require information and 831 certifications necessary to determine that the applicant is of 832 good moral character and meets other licensure requirements of 833 this part. 834 (4)An applicant or licensee is ineligible to reapply for a 835 license for a period of 1 year following final agency action on 836 the denial or revocation of a license applied for or issued 837 under this part. This time restriction does not apply to 838 administrative denials or revocations entered because: 839 (a)The applicant or licensee has made an inadvertent error 840 or omission on the application; 841 (b)The experience documented to the department board was 842 insufficient at the time of the previous application; 843 (c)The department is unable to complete the criminal 844 background investigation because of insufficient information 845 from the Florida Department of Law Enforcement, the Federal 846 Bureau of Investigation, or any other applicable law enforcement 847 agency; 848 (d)The applicant or licensee has failed to submit required 849 fees; or 850 (e)An applicant or licensed employee leasing company has 851 been deemed ineligible for a license because of the lack of good 852 moral character of an individual or individuals when such 853 individual or individuals are no longer employed in a capacity 854 that would require their licensing under this part. 855 Section 29.Section 468.5245, Florida Statutes, is amended 856 to read: 857 468.5245Change of ownership. 858 (1)A license or registration issued to any entity under 859 this part may not be transferred or assigned. The department 860 board shall adopt rules to provide for a licensees or 861 registrants change of name or location. 862 (2)A person or entity that seeks to purchase or acquire 863 control of an employee leasing company or group licensed or 864 registered under this part must first apply to the department 865 board for a certificate of approval for the proposed change of 866 ownership. However, prior approval is not required if, at the 867 time the purchase or acquisition occurs, a controlling person of 868 the employee leasing company or group maintains a controlling 869 person license under this part. Notification must be provided to 870 the department board within 30 days after the purchase or 871 acquisition of such company in the manner prescribed by the 872 department board. 873 (3)Any application that is submitted to the department 874 board under this section is shall be deemed approved if the 875 department board has not approved the application or rejected 876 the application, and provided the applicant with the basis for a 877 rejection, within 90 days after the receipt of the completed 878 application. 879 (4)The department board shall establish filing fees for a 880 change-of-ownership application in accordance with s. 881 468.524(1). 882 Section 30.Subsections (2) and (3) of section 468.525, 883 Florida Statutes, are amended to read: 884 468.525License requirements. 885 (2)(a)As used in this part, good moral character means a 886 personal history of honesty, trustworthiness, fairness, a good 887 reputation for fair dealings, and respect for the rights of 888 others and for the laws of this state and nation. A thorough 889 background investigation of the individuals good moral 890 character shall be instituted by the department. Such 891 investigation shall require: 892 1.The submission of fingerprints, for processing through 893 appropriate law enforcement agencies, by the applicant and the 894 examination of police records by the department board. 895 2.Such other investigation of the individual as the 896 department board may deem necessary. 897 (b)The department board may deny an application for 898 licensure or renewal citing lack of good moral character. 899 Conviction of a crime within the last 7 years does shall not 900 automatically bar any applicant or licensee from obtaining a 901 license or continuing as a licensee. The department board shall 902 consider the type of crime committed, the crimes relevancy to 903 the employee leasing industry, the length of time since the 904 conviction and any other factors deemed relevant by the 905 department board. 906 (3)Each employee leasing company licensed by the 907 department shall have a registered agent for service of process 908 in this state and at least one licensed controlling person. In 909 addition, each licensed employee leasing company shall comply 910 with the following requirements: 911 (a)The employment relationship with workers provided by 912 the employee leasing company to a client company shall be 913 established by written agreement between the leasing company and 914 the client, and written notice of that relationship shall be 915 given by the employee leasing company to each worker who is 916 assigned to perform services at the client companys worksite. 917 (b)An applicant for an initial employee leasing company 918 license shall have a tangible accounting net worth of not less 919 than $50,000. 920 (c)An applicant for initial or renewal license of an 921 employee leasing company license or employee leasing company 922 group shall have an accounting net worth or shall have 923 guaranties, letters of credit, or other security acceptable to 924 the department board in sufficient amounts to offset any 925 deficiency. A guaranty will not be acceptable to satisfy this 926 requirement unless the applicant submits sufficient evidence to 927 satisfy the department board that the guarantor has adequate 928 resources to satisfy the obligation of the guaranty. 929 (d)Each employee leasing company shall maintain an 930 accounting net worth and positive working capital, as determined 931 in accordance with generally accepted accounting principles, or 932 shall have guaranties, letters of credit, or other security 933 acceptable to the department board in sufficient amounts to 934 offset any deficiency. A guaranty will not be acceptable to 935 satisfy this requirement unless the licensee submits sufficient 936 evidence, as defined by rule, that the guarantor has adequate 937 resources to satisfy the obligation of the guaranty. In 938 determining the amount of working capital, a licensee shall 939 include adequate reserves for all taxes and insurance, including 940 plans of self-insurance or partial self-insurance for claims 941 incurred but not paid and for claims incurred but not reported. 942 Compliance with the requirements of this paragraph is subject to 943 verification by department or board audit. 944 (e)Each employee leasing company or employee leasing 945 company group shall submit annual financial statements audited 946 by an independent certified public accountant, with the 947 application and within 120 days after the end of each fiscal 948 year, in a manner and time prescribed by the department board, 949 provided however, that any employee leasing company or employee 950 leasing company group with gross Florida payroll of less than 951 $2.5 million during any fiscal year may submit financial 952 statements reviewed by an independent certified public 953 accountant for that year. 954 (f)The licensee shall notify the department or board in 955 writing within 30 days after any change in the application or 956 status of the license. 957 (g)Each employee leasing company or employee leasing 958 company group shall maintain accounting and employment records 959 relating to all employee leasing activities for a minimum of 3 960 calendar years. 961 Section 31.Subsections (3) and (5) of section 468.526, 962 Florida Statutes, are amended to read: 963 468.526License required; fees. 964 (3)Each employee leasing company and employee leasing 965 company group licensee shall pay to the department upon the 966 initial issuance of a license and upon each renewal thereafter a 967 license fee not to exceed $2,500 to be established by the 968 department board. In addition to the license fee, the department 969 board shall establish an annual assessment for each employee 970 leasing company and each employee leasing company group 971 sufficient to cover all costs for regulation of the profession 972 pursuant to this chapter, chapter 455, and any other applicable 973 provisions of law. The annual assessment shall: 974 (a)Be due and payable upon initial licensure and 975 subsequent renewals thereof and 1 year before the expiration of 976 any licensure period; and 977 (b)Be based on a fixed percentage, variable classes, or a 978 combination of both, as determined by the department board, of 979 gross Florida payroll for employees leased to clients by the 980 applicant or licensee during the period beginning five quarters 981 before and ending one quarter before each assessment. It is the 982 intent of the Legislature that the greater weight of total fees 983 for licensure and assessments should be on larger companies and 984 groups. 985 (5)Each controlling person licensee shall pay to the 986 department upon the initial issuance of a license and upon each 987 renewal thereafter a license fee to be established by the 988 department board in an amount not to exceed $2,000. 989 Section 32.Subsection (1) of section 468.527, Florida 990 Statutes, is amended to read: 991 468.527Licensure and license renewal. 992 (1)The department shall license any applicant who the 993 department board certifies is qualified to practice employee 994 leasing as an employee leasing company, employee leasing company 995 group, or controlling person. 996 Section 33.Subsection (2) of section 468.5275, Florida 997 Statutes, is amended to read: 998 468.5275Registration and exemption of de minimis 999 operations. 1000 (2)A registration is valid for 1 year. Each registrant 1001 shall pay to the department upon initial registration, and upon 1002 each renewal thereafter, a registration fee to be established by 1003 the department board in an amount not to exceed: 1004 (a)Two hundred and fifty dollars for an employee leasing 1005 company. 1006 (b)Five hundred dollars for an employee leasing company 1007 group. 1008 Section 34.Subsections (2), (4), and (5) of section 1009 468.529, Florida Statutes, are amended to read: 1010 468.529Licensees insurance; employment tax; benefit 1011 plans. 1012 (2)An initial or renewal license may not be issued to any 1013 employee leasing company unless the employee leasing company 1014 first files with the department board evidence of workers 1015 compensation coverage for all leased employees in this state. 1016 Each employee leasing company shall maintain and make available 1017 to its workers compensation carrier the following information: 1018 (a)The correct name and federal identification number of 1019 each client company. 1020 (b)A listing of all covered employees provided to each 1021 client company, by classification code. 1022 (c)The total eligible wages by classification code and the 1023 premiums due to the carrier for the employees provided to each 1024 client company. 1025 (4)An initial or renewal license may not be issued to any 1026 employee leasing company unless the employee leasing company 1027 first provides evidence to the department board, as required by 1028 department board rule, that the employee leasing company has 1029 paid all of the employee leasing companys obligations for 1030 payroll, payroll-related taxes, workers compensation insurance, 1031 and employee benefits. All disputed amounts must be disclosed in 1032 the application. 1033 (5)The provisions of this section are subject to 1034 verification by department or board audit. 1035 Section 35.Subsections (3) and (4) of section 468.530, 1036 Florida Statutes, are amended to read: 1037 468.530License, contents; posting. 1038 (3)No license shall be valid for any person or entity who 1039 engages in the business under any name other than that specified 1040 in the license. A license issued under this part is shall not be 1041 assignable, and no licensee may conduct a business under a 1042 fictitious name without prior written authorization of the 1043 department board to do so. The department board may not 1044 authorize the use of a name which is so similar to that of a 1045 public officer or agency, or of that used by another licensee, 1046 that the public may be confused or misled thereby. No licensee 1047 shall be permitted to conduct business under more than one name 1048 unless it has obtained a separate license. A licensee desiring 1049 to change its licensed name at any time except upon license 1050 renewal shall notify the department board and pay a fee not to 1051 exceed $50 for each authorized change of name. 1052 (4)Each employee leasing company or employee leasing 1053 company group licensed under this part shall be properly 1054 identified in all advertisements, which must include the license 1055 number, licensed business name, and other appropriate 1056 information in accordance with department rules established by 1057 the board. 1058 Section 36.Subsection (1) of section 468.531, Florida 1059 Statutes, is amended to read: 1060 468.531Prohibitions; penalties. 1061 (1)No person or entity shall: 1062 (a)Practice or offer to practice as an employee leasing 1063 company, an employee leasing company group, or a controlling 1064 person unless such person or entity is licensed pursuant to this 1065 part; 1066 (b)Practice or offer to practice as an employee leasing 1067 company or employee leasing company group unless all controlling 1068 persons thereof are licensed pursuant to this part; 1069 (c)Use the name or title licensed employee leasing 1070 company, employee leasing company, employee leasing company 1071 group, professional employer, professional employer 1072 organization, controlling person, or words that would tend to 1073 lead one to believe that such person or entity is registered 1074 pursuant to this part, when such person or entity has not 1075 registered pursuant to this part; 1076 (d)Present as his or her own or his or her entitys own 1077 the license of another; 1078 (e)Knowingly give false or forged evidence to the 1079 department board or a member thereof; or 1080 (f)Use or attempt to use a license that has been suspended 1081 or revoked. 1082 Section 37.Subsections (1), (2), and (4) of section 1083 468.532, Florida Statutes, are amended to read: 1084 468.532Discipline. 1085 (1)The following constitute grounds for which disciplinary 1086 action against a licensee may be taken by the department board: 1087 (a)Being convicted or found guilty of, or entering a plea 1088 of nolo contendere to, regardless of adjudication, bribery, 1089 fraud, or willful misrepresentation in obtaining, attempting to 1090 obtain, or renewing a license. 1091 (b)Being convicted or found guilty of, or entering a plea 1092 of nolo contendere to, regardless of adjudication, a crime in 1093 any jurisdiction which relates to the operation of an employee 1094 leasing business or the ability to engage in business as an 1095 employee leasing company. 1096 (c)Being convicted or found guilty of, or entering a plea 1097 of nolo contendere to, regardless of adjudication, fraud, 1098 deceit, or misconduct in the classification of employees 1099 pursuant to chapter 440. 1100 (d)Being convicted or found guilty of, or entering a plea 1101 of nolo contendere to, regardless of adjudication, fraud, 1102 deceit, or misconduct in the establishment or maintenance of 1103 self-insurance, be it health insurance or workers compensation 1104 insurance. 1105 (e)Being convicted or found guilty of, or entering a plea 1106 of nolo contendere to, regardless of adjudication, fraud, 1107 deceit, or misconduct in the operation of an employee leasing 1108 company. 1109 (f)Conducting business without an active license. 1110 (g)Failing to maintain workers compensation insurance as 1111 required in s. 468.529. 1112 (h)Transferring or attempting to transfer a license issued 1113 pursuant to this part. 1114 (i)Violating any provision of this part or any lawful 1115 order or rule issued under the provisions of this part or 1116 chapter 455. 1117 (j)Failing to notify the department board, in writing, of 1118 any change of the primary business address or the addresses of 1119 any of the licensees offices in the state. 1120 (k)Having been confined in any county jail, 1121 postadjudication, or being confined in any state or federal 1122 prison or mental institution, or when through mental disease or 1123 deterioration, the licensee can no longer safely be entrusted to 1124 deal with the public or in a confidential capacity. 1125 (l)Having been found guilty for a second time of any 1126 misconduct that warrants suspension or being found guilty of a 1127 course of conduct or practices which shows that the licensee is 1128 so incompetent, negligent, dishonest, or untruthful that the 1129 money, property, transactions, and rights of investors, or those 1130 with whom the licensee may sustain a confidential relationship, 1131 may not safely be entrusted to the licensee. 1132 (m)Failing to inform the department board in writing 1133 within 30 days after being convicted or found guilty of, or 1134 entering a plea of nolo contendere to, any felony, regardless of 1135 adjudication. 1136 (n)Failing to conform to any lawful order of the 1137 department board. 1138 (o)Being determined liable for civil fraud by a court in 1139 any jurisdiction. 1140 (p)Having adverse material final action taken by any state 1141 or federal regulatory agency for violations within the scope of 1142 control of the licensee. 1143 (q)Failing to inform the department board in writing 1144 within 30 days after any adverse material final action by a 1145 state or federal regulatory agency. 1146 (r)Failing to meet or maintain the requirements for 1147 licensure as an employee leasing company or controlling person. 1148 (s)Engaging as a controlling person any person who is not 1149 licensed as a controlling person by the department board. 1150 (t)Attempting to obtain, obtaining, or renewing a license 1151 to practice employee leasing by bribery, misrepresentation, or 1152 fraud. 1153 (2)When the department board finds any violation of 1154 subsection (1), it may do one or more of the following: 1155 (a)Deny an application for licensure. 1156 (b)Permanently revoke, suspend, restrict, or not renew a 1157 license. 1158 (c)Impose an administrative fine not to exceed $5,000 for 1159 every count or separate offense. 1160 (d)Issue a reprimand. 1161 (e)Place the licensee on probation for a period of time 1162 and subject to such conditions as the department board may 1163 specify. 1164 (f)Assess costs associated with investigation and 1165 prosecution. 1166 (4)The department board shall specify the penalties for 1167 any violation of this part. 1168 Section 38.Paragraph (a) of subsection (6) of section 1169 476.144, Florida Statutes, is amended to read: 1170 476.144Licensure. 1171 (6)A person may apply for a restricted license to practice 1172 barbering. The board shall adopt rules specifying procedures for 1173 an applicant to obtain a restricted license if the applicant: 1174 (a)1.Has successfully completed a restricted barber 1175 course, as established by rule of the board, at a school of 1176 barbering licensed pursuant to chapter 1005, a barbering program 1177 within the public school system, or a government-operated 1178 barbering program in this state; or 1179 2.a.Holds or has within the previous 5 years held an 1180 active valid license to practice barbering in another state or 1181 country or has held a Florida barbering license which has been 1182 declared null and void for failure to renew the license, and the 1183 applicant fulfilled the requirements of s. 476.114(2)(c) s. 1184 476.114(2)(c)2. for initial licensure; and 1185 b.Has not been disciplined relating to the practice of 1186 barbering in the previous 5 years; and 1187 1188 The restricted license shall limit the licensees practice to 1189 those specific areas in which the applicant has demonstrated 1190 competence pursuant to rules adopted by the board. 1191 Section 39.Paragraph (a) of subsection (2) of section 1192 627.192, Florida Statutes, is amended to read: 1193 627.192Workers compensation insurance; employee leasing 1194 arrangements. 1195 (2)For purposes of the Florida Insurance Code: 1196 (a)Employee leasing shall have the same meaning as set 1197 forth in s. 468.520(3) s. 468.520(4). 1198 Section 40.This act shall take effect July 1, 2024.