Florida Senate - 2024 CS for CS for SB 1544 By the Committees on Fiscal Policy; and Regulated Industries; and Senator Hooper 594-03662-24 20241544c2 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; prohibiting the division 22 from reducing a bond amount under specified 23 circumstances; requiring the division to notify 24 distributors in writing if their corporate surety bond 25 requirements change; providing applicability; 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 amending s. 468.521, F.S.; authorizing the department 44 to exercise all powers and duties granted to the Board 45 of Employee Leasing Companies if the board lacks the 46 number of appointed members needed to constitute a 47 quorum; amending s. 469.006, F.S.; revising 48 requirements for department rules governing evidence 49 of financial responsibility of applicants seeking 50 licensure as a business organization under ch. 469, 51 F.S.; amending s. 471.003, F.S.; expanding an 52 exemption from certain engineering licensing 53 requirements under ch. 471, F.S., to include regular 54 full-time employees of certain business organizations, 55 rather than regular full-time employees of certain 56 corporations licensed under ch. 471, F.S.; amending s. 57 473.306, F.S.; requiring applicants for the 58 accountancy licensure examination to create and 59 maintain an online account with the department and 60 provide an e-mail address; requiring applicants to 61 maintain the accuracy of their contact information; 62 requiring that address changes be submitted through 63 the departments online system within a specified 64 timeframe; conforming cross-references; amending s. 65 473.308, F.S.; requiring a person seeking licensure as 66 a Florida certified public accountant, or a firm 67 seeking to engage in public accountancy, to create and 68 maintain an online account with the department and 69 provide an e-mail address; requiring certified public 70 accountants and accounting firms to maintain the 71 accuracy of their contact information; requiring that 72 address changes be submitted through the departments 73 online system within a specified timeframe; amending 74 s. 476.114, F.S.; revising eligibility requirements 75 for licensure as a barber; making technical changes; 76 amending s. 477.019, F.S.; revising eligibility 77 requirements for licensure by examination to practice 78 cosmetology; amending s. 489.131, F.S.; revising the 79 types of penalties that may be recommended by a local 80 jurisdiction enforcement body against a contractor; 81 specifying requirements for any such recommended 82 penalties; amending s. 489.143, F.S.; revising payment 83 limitations for payments made from the departments 84 Florida Homeowners Construction Recovery Fund; 85 amending s. 489.505, F.S.; revising the definition of 86 the term specialty contractor; amending s. 499.012, 87 F.S.; revising requirements for certification as a 88 designated representative of a prescription drug 89 wholesale distributor; amending s. 561.15, F.S.; 90 revising the requirements for the issuance of a 91 license under the Beverage Law; making technical 92 changes; amending s. 561.17, F.S.; requiring persons 93 or entities licensed or permitted by the Division of 94 Alcoholic Beverages and Tobacco, or applying for such 95 license or permit, to create and maintain an account 96 with the divisions online system; specifying 97 application requirements; prohibiting the division 98 from processing applications not submitted through the 99 online system; creating ss. 569.00256 and 569.3156, 100 F.S.; requiring certain persons or entities licensed 101 or permitted by the division, or applying for such a 102 license or permit, to create and maintain an account 103 with the divisions online system; requiring 104 licensees, permittees, and applicants to provide the 105 division with an e-mail address and maintain accurate 106 contact information; specifying application 107 requirements; prohibiting the division from processing 108 applications not submitted through the online system; 109 amending ss. 210.16 and 476.144, F.S.; conforming 110 cross-references; providing an effective date. 111 112 Be It Enacted by the Legislature of the State of Florida: 113 114 Section 1.Present paragraphs (a) through (h) of subsection 115 (1) of section 210.15, Florida Statutes, are redesignated as 116 paragraphs (b) through (i), respectively, and a new paragraph 117 (a) is added to that subsection, to read: 118 210.15Permits. 119 (1) 120 (a)A person or an entity licensed or permitted by the 121 division, or applying for a license or a permit, must create and 122 maintain an account with the divisions online system and 123 provide an e-mail address to the division to function as the 124 primary means of contact for all communication by the division 125 to the licensee, permittee, or applicant. Licensees, permittees, 126 and applicants are responsible for maintaining accurate contact 127 information on file with the division. A person or an entity 128 seeking a license or permit under this part must apply using 129 forms furnished by the division which are filed through the 130 divisions online system before commencing operations. The 131 division may not process an application for a license or permit 132 issued by the division under this part unless the application is 133 submitted through the divisions online system. 134 Section 2.Section 210.32, Florida Statutes, is created to 135 read: 136 210.32Account; online system.A person or an entity 137 licensed or permitted by the division, or applying for a license 138 or a permit, must create and maintain an account with the 139 divisions online system and provide an e-mail address to the 140 division to function as the primary means of contact for all 141 communication by the division to the licensee, permittee, or 142 applicant. Licensees, permittees, and applicants are responsible 143 for maintaining accurate contact information on file with the 144 division. A person or an entity seeking a license or a permit 145 under this part must apply using forms furnished by the division 146 which are filed through the divisions online system before 147 commencing operations. The division may not process an 148 application for a license or permit issued by the division under 149 this part unless the application is submitted through the 150 divisions online system. 151 Section 3.Section 210.40, Florida Statutes, is amended to 152 read: 153 210.40License fees; surety bond; application for each 154 place of business. 155 (1)Each application for a distributors license must shall 156 be accompanied by a fee of $25. The application must shall also 157 be accompanied by a corporate surety bond issued by a surety 158 company authorized to do business in this state, conditioned for 159 the payment when due of all taxes, penalties, and accrued 160 interest which may be due the state. The initial corporate 161 surety bond shall be in the sum of $25,000 $1,000 and in a form 162 prescribed by the division. 163 (a)The division shall review the amount of a corporate 164 surety bond on a semiannual basis to ensure that the bond amount 165 is adequate to protect the state. 166 (b)The division may increase the corporate surety bond 167 amount before renewing a distributors license or after 168 completing its semiannual review of the bond amount. 169 (c)The corporate surety bond amount may be increased to 170 the sum of the distributors highest month of final audited tax 171 liabilities, penalties, and accrued interest which are due to 172 the state. 173 (2)A corporate surety bond, with the sum determined by the 174 division in accordance with paragraph (1)(c), is required for 175 renewal of a distributors license. 176 (3)The division may prescribe by rule increases in the 177 corporate surety bond amounts required as a condition of 178 licensure. 179 (4)(a)The division may reduce the amount of a corporate 180 surety bond upon a distributors showing of good cause. For 181 purposes of this subsection, the term: 182 1.Fully resolved means that criminal or administrative 183 charges or investigations have been definitively closed or 184 dismissed, have resulted in an acquittal, or have otherwise 185 ended in such a manner that no further legal or administrative 186 actions relating to charges or investigations are pending 187 against a licensee under applicable laws, rules, or regulations. 188 2.Good cause means a consistent pattern of responsible 189 financial behavior by the distributor over a period of at least 190 the preceding 4 years, and having the sum of the distributors 191 final audited tax liabilities, penalties, and interest be less 192 than the amount of the distributors corporate surety bond for 193 every month for a period of at least the preceding 4 years. 194 3.Responsible financial behavior includes the timely and 195 complete reporting and payment of all tax liabilities, 196 penalties, and accrued interest due to the state for a period of 197 at least the preceding 4 years. 198 (b)The division may not reduce a corporate surety bond 199 amount when a licensee: 200 1.Is in default of any tax liabilities, penalties, or 201 interest due to the state; 202 2.Is the subject of a pending criminal prosecution in any 203 jurisdiction until such prosecution has been fully resolved; 204 3.Has pending administrative charges brought by an 205 authorized regulatory body or agency which have not been fully 206 resolved in accordance with applicable rules and procedures; or 207 4.Is under investigation by any administrative body or 208 agency for potential criminal violations until any such 209 investigation is completed and the findings of the investigation 210 have been fully resolved in accordance with applicable law. 211 (5)The division shall notify a distributor in writing of 212 any change in the distributors corporate surety bond 213 requirements by the date on which the distributors audited tax 214 assessments become final. 215 (6)The provisions of this section governing corporate 216 surety bonds are not subject to s. 120.60 Whenever it is the 217 opinion of the division that the bond given by a licensee is 218 inadequate in amount to fully protect the state, the division 219 shall require an additional bond in such amount as is deemed 220 sufficient. 221 (7)A separate application for a license must shall be made 222 for each place of business at which a distributor proposes to 223 engage in business as a distributor under this part, but an 224 applicant may provide one corporate surety bond in an amount 225 determined by the division for all applications made by the 226 distributor consistent with the requirements of this section. 227 (8)The division may adopt rules to administer this 228 section. 229 Section 4.Paragraph (d) of subsection (3) of section 230 310.0015, Florida Statutes, is amended to read: 231 310.0015Piloting regulation; general provisions. 232 (3)The rate-setting process, the issuance of licenses only 233 in numbers deemed necessary or prudent by the board, and other 234 aspects of the economic regulation of piloting established in 235 this chapter are intended to protect the public from the adverse 236 effects of unrestricted competition which would result from an 237 unlimited number of licensed pilots being allowed to market 238 their services on the basis of lower prices rather than safety 239 concerns. This system of regulation benefits and protects the 240 public interest by maximizing safety, avoiding uneconomic 241 duplication of capital expenses and facilities, and enhancing 242 state regulatory oversight. The system seeks to provide pilots 243 with reasonable revenues, taking into consideration the normal 244 uncertainties of vessel traffic and port usage, sufficient to 245 maintain reliable, stable piloting operations. Pilots have 246 certain restrictions and obligations under this system, 247 including, but not limited to, the following: 248 (d)1.The pilot or pilots in a port shall train and 249 compensate all member deputy pilots in that port. Failure to 250 train or compensate such deputy pilots constitutes shall 251 constitute a ground for disciplinary action under s. 310.101. 252 Nothing in this subsection may shall be deemed to create an 253 agency or employment relationship between a pilot or deputy 254 pilot and the pilot or pilots in a port. 255 2.The pilot or pilots in a port shall establish a 256 competency-based mentor program by which minority persons as 257 defined in s. 288.703 may acquire the skills for the 258 professional preparation and education competency requirements 259 of a licensed state pilot or certificated deputy pilot. The 260 department shall provide the Governor, the President of the 261 Senate, and the Speaker of the House of Representatives with a 262 report each year on the number of minority persons as defined in 263 s. 288.703 who have participated in each mentor program, who are 264 licensed state pilots or certificated deputy pilots, and who 265 have applied for state pilot licensure or deputy pilot 266 certification. 267 Section 5.Subsection (2) of section 310.081, Florida 268 Statutes, is amended to read: 269 310.081Department to examine and license state pilots and 270 certificate deputy pilots; vacancies. 271 (2)The department shall similarly examine persons who file 272 applications for certificate as deputy pilot, and, if upon 273 examination to determine proficiency the department finds them 274 qualified, the department must shall certify as qualified all 275 applicants who pass the examination, provided that not more than 276 five persons who passed the examination are certified for each 277 declared opening. If more than five applicants per opening pass 278 the examination, the persons having the highest scores must 279 shall be certified as qualified up to the number of openings 280 times five. The department shall give consideration to the 281 minority and female status of applicants when qualifying deputy 282 pilots, in the interest of ensuring diversification within the 283 state piloting profession. The department shall appoint and 284 certificate such number of deputy pilots from those applicants 285 deemed qualified as in the discretion of the board are required 286 in the respective ports of the state. A deputy pilot shall be 287 authorized by the department to pilot vessels within the limits 288 and specifications established by the licensed state pilots at 289 the port where the deputy is appointed to serve. 290 Section 6.Section 399.18, Florida Statutes, is created to 291 read: 292 399.18Online services account. 293 (1)A certified elevator inspector, certified elevator 294 technician, or registered elevator company; a person or entity 295 seeking to become certified or registered as such; a person who 296 has been issued an elevator certificate of competency; a person 297 who is seeking such certificate; a person or entity who has been 298 issued an elevator certificate of operation; and a person or 299 entity who is seeking such a certificate must create and 300 maintain an online account with the division and provide an e 301 mail address to the division to function as the primary means of 302 contact for all communication from the division. Each person or 303 entity is responsible for maintaining accurate contact 304 information on file with the division. 305 (2)The division shall adopt rules to implement this 306 section. 307 Section 7.Subsection (4) is added to section 468.521, 308 Florida Statutes, to read: 309 468.521Board of Employee Leasing Companies; membership; 310 appointments; terms. 311 (4)If at any time a sufficient number of appointed board 312 members does not exist to constitute a quorum pursuant to s. 313 455.207, the department may, only during the absence of such 314 quorum, exercise all powers and duties granted to the board 315 pursuant to chapter 455 and this chapter. 316 Section 8.Paragraph (c) of subsection (2) of section 317 469.006, Florida Statutes, is amended to read: 318 469.006Licensure of business organizations; qualifying 319 agents. 320 (2) 321 (c)As a prerequisite to the issuance of a license under 322 this section, the applicant shall submit the following: 323 1.An affidavit on a form provided by the department 324 attesting that the applicant has obtained workers compensation 325 insurance as required by chapter 440, public liability 326 insurance, and property damage insurance, in amounts determined 327 by department rule. The department shall establish by rule a 328 procedure to verify the accuracy of such affidavits based upon a 329 random sample method. 330 2.Evidence of financial responsibility. The department 331 shall adopt rules to determine financial responsibility which 332 must shall specify grounds on which the department may deny 333 licensure. Such criteria must shall include, but is not be 334 limited to, credit history and limits of bondability and credit. 335 Section 9.Paragraph (c) of subsection (2) of section 336 471.003, Florida Statutes, is amended to read: 337 471.003Qualifications for practice; exemptions. 338 (2)The following persons are not required to be licensed 339 under the provisions of this chapter as a licensed engineer: 340 (c)Regular full-time employees of a business organization 341 corporation not engaged in the practice of engineering as such, 342 whose practice of engineering for such business organization 343 corporation is limited to the design or fabrication of 344 manufactured products and servicing of such products. 345 Section 10.Section 473.306, Florida Statutes, is amended 346 to read: 347 473.306Examinations. 348 (1)A person desiring to be licensed as a Florida certified 349 public accountant shall apply to the department to take the 350 licensure examination. 351 (2)A person applying to the department to take the 352 licensure examination must create and maintain an online account 353 with the department and provide an e-mail address to function as 354 the primary means of contact for all communication to the 355 applicant from the department. Each applicant is responsible for 356 maintaining accurate contact information on file with the 357 department and must submit any change in the applicants e-mail 358 address or home address within 30 days after the change. All 359 changes must be submitted through the departments online 360 system. 361 (3)An applicant is entitled to take the licensure 362 examination to practice in this state as a certified public 363 accountant if: 364 (a)The applicant has completed 120 semester hours or 180 365 quarter hours from an accredited college or university with a 366 concentration in accounting and business courses as specified by 367 the board by rule; and 368 (b)The applicant shows that she or he has good moral 369 character. For purposes of this paragraph, the term good moral 370 character has the same meaning as provided in s. 473.308(7)(a) 371 s. 473.308(6)(a). The board may refuse to allow an applicant to 372 take the licensure examination for failure to satisfy this 373 requirement if: 374 1.The board finds a reasonable relationship between the 375 lack of good moral character of the applicant and the 376 professional responsibilities of a certified public accountant; 377 and 378 2.The finding by the board of lack of good moral character 379 is supported by competent substantial evidence. 380 381 If an applicant is found pursuant to this paragraph to be 382 unqualified to take the licensure examination because of a lack 383 of good moral character, the board shall furnish to the 384 applicant a statement containing the findings of the board, a 385 complete record of the evidence upon which the determination was 386 based, and a notice of the rights of the applicant to a 387 rehearing and appeal. 388 (4)(3)The board shall have the authority to establish the 389 standards for determining and shall determine: 390 (a)What constitutes a passing grade for each subject or 391 part of the licensure examination; 392 (b)Which educational institutions, in addition to the 393 universities in the State University System of Florida, shall be 394 deemed to be accredited colleges or universities; 395 (c)What courses and number of hours constitute a major in 396 accounting; and 397 (d)What courses and number of hours constitute additional 398 accounting courses acceptable under s. 473.308(4) s. 473.308(3). 399 (5)(4)The board may adopt an alternative licensure 400 examination for persons who have been licensed to practice 401 public accountancy or its equivalent in a foreign country so 402 long as the International Qualifications Appraisal Board of the 403 National Association of State Boards of Accountancy has ratified 404 an agreement with that country for reciprocal licensure. 405 (6)(5)For the purposes of maintaining the proper 406 educational qualifications for licensure under this chapter, the 407 board may appoint an Educational Advisory Committee, which shall 408 be composed of one member of the board, two persons in public 409 practice who are licensed under this chapter, and four 410 academicians on faculties of universities in this state. 411 Section 11.Present subsections (3) through (9) of section 412 473.308, Florida Statutes, are redesignated as subsections (4) 413 through (10), respectively, a new subsection (3) is added to 414 that section, and subsection (2), paragraph (b) of present 415 subsection (4), and present subsection (8) of that section are 416 amended, to read: 417 473.308Licensure. 418 (2)The board shall certify for licensure any applicant who 419 successfully passes the licensure examination and satisfies the 420 requirements of subsections (4), (5), and (6) (3), (4), and (5), 421 and shall certify for licensure any firm that satisfies the 422 requirements of ss. 473.309 and 473.3101. The board may refuse 423 to certify any applicant or firm that has violated any of the 424 provisions of s. 473.322. 425 (3)A person desiring to be licensed as a Florida certified 426 public accountant or a firm desiring to engage in the practice 427 of public accounting must create and maintain an online account 428 with the department and provide an e-mail address to function as 429 the primary means of contact for all communication from the 430 department. Certified public accountants and firms are 431 responsible for maintaining accurate contact information on file 432 with the department and must submit any change in an e-mail 433 address or street address within 30 days after the change. All 434 changes must be submitted through the departments online 435 system. 436 (5)(4) 437 (b)However, an applicant who completed the requirements of 438 subsection (4) (3) on or before December 31, 2008, and who 439 passes the licensure examination on or before June 30, 2010, is 440 exempt from the requirements of this subsection. 441 (9)(8)If the applicant has at least 5 years of experience 442 in the practice of public accountancy in the United States or in 443 the practice of public accountancy or its equivalent in a 444 foreign country that the International Qualifications Appraisal 445 Board of the National Association of State Boards of Accountancy 446 has determined has licensure standards that are substantially 447 equivalent to those in the United States, or has at least 5 448 years of work experience that meets the requirements of 449 subsection (5) (4), the board must shall waive the requirements 450 of subsection (4) (3) which are in excess of a baccalaureate 451 degree. All experience that is used as a basis for waiving the 452 requirements of subsection (4) (3) must be while licensed as a 453 certified public accountant by another state or territory of the 454 United States or while licensed in the practice of public 455 accountancy or its equivalent in a foreign country that the 456 International Qualifications Appraisal Board of the National 457 Association of State Boards of Accountancy has determined has 458 licensure standards that are substantially equivalent to those 459 in the United States. The board shall have the authority to 460 establish the standards for experience that meet this 461 requirement. 462 Section 12.Subsections (2) and (3) of section 476.114, 463 Florida Statutes, are amended to read: 464 476.114Examination; prerequisites. 465 (2)An applicant is shall be eligible for licensure by 466 examination to practice barbering if the applicant: 467 (a)Is at least 16 years of age; 468 (b)Pays the required application fee; and 469 (c)1.Holds an active valid license to practice barbering 470 in another state, has held the license for at least 1 year, and 471 does not qualify for licensure by endorsement as provided for in 472 s. 476.144(5); or 473 2.Has received a minimum of 900 hours of training in 474 sanitation, safety, and laws and rules, as established by the 475 board, which must shall include, but is shall not be limited to, 476 the equivalent of completion of services directly related to the 477 practice of barbering at one of the following: 478 1.a.A school of barbering licensed pursuant to chapter 479 1005; 480 2.b.A barbering program within the public school system; 481 or 482 3.c.A government-operated barbering program in this state. 483 484 The board shall establish by rule procedures whereby the school 485 or program may certify that a person is qualified to take the 486 required examination after the completion of a minimum of 600 487 actual school hours. If the person passes the examination, she 488 or he has shall have satisfied this requirement; but if the 489 person fails the examination, she or he may shall not be 490 qualified to take the examination again until the completion of 491 the full requirements provided by this section. 492 (3)An applicant who meets the requirements set forth in 493 paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass 494 the examination may take subsequent examinations as many times 495 as necessary to pass, except that the board may specify by rule 496 reasonable timeframes for rescheduling the examination and 497 additional training requirements for applicants who, after the 498 third attempt, fail to pass the examination. Prior to 499 reexamination, the applicant must file the appropriate form and 500 pay the reexamination fee as required by rule. 501 Section 13.Subsection (2) of section 477.019, Florida 502 Statutes, is amended to read: 503 477.019Cosmetologists; qualifications; licensure; 504 supervised practice; license renewal; endorsement; continuing 505 education. 506 (2)An applicant is shall be eligible for licensure by 507 examination to practice cosmetology if the applicant: 508 (a)Is at least 16 years of age or has received a high 509 school diploma; 510 (b)Pays the required application fee, which is not 511 refundable, and the required examination fee, which is 512 refundable if the applicant is determined to not be eligible for 513 licensure for any reason other than failure to successfully 514 complete the licensure examination; and 515 (c)1.Is authorized to practice cosmetology in another 516 state or country, has been so authorized for at least 1 year, 517 and does not qualify for licensure by endorsement as provided 518 for in subsection (5); or 519 2.Has received a minimum of 1,200 hours of training as 520 established by the board, which must shall include, but is shall 521 not be limited to, the equivalent of completion of services 522 directly related to the practice of cosmetology at one of the 523 following: 524 1.a.A school of cosmetology licensed pursuant to chapter 525 1005. 526 2.b.A cosmetology program within the public school system. 527 3.c.The Cosmetology Division of the Florida School for the 528 Deaf and the Blind, provided the division meets the standards of 529 this chapter. 530 4.d.A government-operated cosmetology program in this 531 state. 532 533 The board shall establish by rule procedures whereby the school 534 or program may certify that a person is qualified to take the 535 required examination after the completion of a minimum of 1,000 536 actual school hours. If the person then passes the examination, 537 he or she has shall have satisfied this requirement; but if the 538 person fails the examination, he or she may shall not be 539 qualified to take the examination again until the completion of 540 the full requirements provided by this section. 541 Section 14.Paragraph (c) of subsection (7) of section 542 489.131, Florida Statutes, is amended to read: 543 489.131Applicability. 544 (7) 545 (c)In addition to any action the local jurisdiction 546 enforcement body may take against the individuals local 547 license, and any fine the local jurisdiction may impose, the 548 local jurisdiction enforcement body shall issue a recommended 549 penalty for board action. This recommended penalty may include a 550 recommendation for no further action, or a recommendation for 551 suspension, restitution, revocation, or restriction of the 552 registration, or a fine to be levied by the board, or a 553 combination thereof. The recommended penalty must specify the 554 violations of this chapter upon which the recommendation is 555 based. The local jurisdiction enforcement body shall inform the 556 disciplined contractor and the complainant of the local license 557 penalty imposed, the board penalty recommended, his or her 558 rights to appeal, and the consequences should he or she decide 559 not to appeal. The local jurisdiction enforcement body shall, 560 upon having reached adjudication or having accepted a plea of 561 nolo contendere, immediately inform the board of its action and 562 the recommended board penalty. 563 Section 15.Subsections (3) and (6) of section 489.143, 564 Florida Statutes, are amended to read: 565 489.143Payment from the fund. 566 (3)Beginning January 1, 2005, for each Division I contract 567 entered into after July 1, 2004, payment from the recovery fund 568 is subject to a $50,000 maximum payment for each Division I 569 claim. Beginning January 1, 2017, for each Division II contract 570 entered into on or after July 1, 2016, payment from the recovery 571 fund is subject to a $15,000 maximum payment for each Division 572 II claim. Beginning January 1, 2025, for Division I and Division 573 II contracts entered into on or after July 1, 2024, payment from 574 the recovery fund is subject to a $100,000 maximum payment for 575 each Division I claim and a $30,000 maximum payment for each 576 Division II claim. 577 (6)For contracts entered into before July 1, 2004, 578 payments for claims against any one licensee may not exceed, in 579 the aggregate, $100,000 annually, up to a total aggregate of 580 $250,000. For any claim approved by the board which is in excess 581 of the annual cap, the amount in excess of $100,000 up to the 582 total aggregate cap of $250,000 is eligible for payment in the 583 next and succeeding fiscal years, but only after all claims for 584 the then-current calendar year have been paid. Payments may not 585 exceed the aggregate annual or per claimant limits under law. 586 Beginning January 1, 2005, for each Division I contract entered 587 into after July 1, 2004, payment from the recovery fund is 588 subject only to a total aggregate cap of $500,000 for each 589 Division I licensee. Beginning January 1, 2017, for each 590 Division II contract entered into on or after July 1, 2016, 591 payment from the recovery fund is subject only to a total 592 aggregate cap of $150,000 for each Division II licensee. 593 Beginning January 1, 2025, for Division I and Division II 594 contracts entered into on or after July 1, 2024, payment from 595 the recovery fund is subject only to a total aggregate cap of $2 596 million for each Division I licensee and $600,000 for each 597 Division II licensee. 598 Section 16.Subsection (19) of section 489.505, Florida 599 Statutes, is amended to read: 600 489.505Definitions.As used in this part: 601 (19)Specialty contractor means a contractor whose scope 602 of practice is limited to a specific segment of electrical or 603 alarm system contracting established in a category adopted by 604 board rule, including, but not limited to, residential 605 electrical contracting, maintenance of electrical fixtures, and 606 fabrication, erection, installation, and maintenance of 607 electrical and nonelectrical advertising signs together with the 608 interrelated parts and supports thereof. 609 Section 17.Paragraph (b) of subsection (15) of section 610 499.012, Florida Statutes, is amended to read: 611 499.012Permit application requirements. 612 (15) 613 (b)To be certified as a designated representative, a 614 natural person must: 615 1.Submit an application on a form furnished by the 616 department and pay the appropriate fees. 617 2.Be at least 18 years of age. 618 3.Have at least 2 years of verifiable full-time: 619 a.Work experience in a pharmacy licensed in this state or 620 another state, where the persons responsibilities included, but 621 were not limited to, recordkeeping for prescription drugs; 622 b.Managerial experience with a prescription drug wholesale 623 distributor licensed in this state or in another state; or 624 c.Managerial experience with the United States Armed 625 Forces, where the persons responsibilities included, but were 626 not limited to, recordkeeping, warehousing, distributing, or 627 other logistics services pertaining to prescription drugs; 628 d.Managerial experience with a state or federal 629 organization responsible for regulating or permitting 630 establishments involved in the distribution of prescription 631 drugs, whether in an administrative or a sworn law enforcement 632 capacity; or 633 e.Work experience as a drug inspector or investigator with 634 a state or federal organization, whether in an administrative or 635 a sworn law enforcement capacity, where the persons 636 responsibilities related primarily to compliance with state or 637 federal requirements pertaining to the distribution of 638 prescription drugs. 639 4.Receive a passing score of at least 75 percent on an 640 examination given by the department regarding federal laws 641 governing distribution of prescription drugs and this part and 642 the rules adopted by the department governing the wholesale 643 distribution of prescription drugs. This requirement shall be 644 effective 1 year after the results of the initial examination 645 are mailed to the persons that took the examination. The 646 department shall offer such examinations at least four times 647 each calendar year. 648 5.Provide the department with a personal information 649 statement and fingerprints pursuant to subsection (9). 650 Section 18.Subsection (2) of section 561.15, Florida 651 Statutes, is amended to read: 652 561.15Licenses; qualifications required. 653 (2)A No license under the Beverage Law may not shall be 654 issued to any person who has been convicted within the last past 655 5 years of any offense against the beverage laws of this state, 656 the United States, or any other state; who has been convicted 657 within the last past 5 years in this state or any other state or 658 the United States of soliciting for prostitution, pandering, 659 letting premises for prostitution, or keeping a disorderly place 660 or of any criminal violation of chapter 893 or the controlled 661 substance act of any other state or the Federal Government; or 662 who has been convicted in the last past 10 15 years of any 663 felony in this state or any other state or the United States; or 664 to a corporation, any of the officers of which shall have been 665 so convicted. The term conviction includes shall include an 666 adjudication of guilt on a plea of guilty or nolo contendere or 667 the forfeiture of a bond when charged with a crime. 668 Section 19.Subsection (5) of section 561.17, Florida 669 Statutes, is amended to read: 670 561.17License and registration applications; approved 671 person. 672 (5)Any person or entity licensed or permitted by the 673 division, or applying for a license or permit, must create and 674 maintain an account with the divisions online system and 675 provide an e-mail electronic mail address to the division to 676 function as the primary means of contact for all communication 677 by the division to the licensee, or permittee, or applicant. 678 Licensees, and permittees, and applicants are responsible for 679 maintaining accurate contact information on file with the 680 division. A person or an entity seeking a license or permit from 681 the division must apply using forms prepared by the division and 682 filed through the divisions online system before engaging in 683 any business for which a license or permit is required. The 684 division may not process an application for an alcoholic 685 beverage license unless the application is submitted through the 686 divisions online system. 687 Section 20.Section 569.00256, Florida Statutes, is created 688 to read: 689 569.00256Account; online system.A person or an entity 690 licensed or permitted by the division under this part, or 691 applying for a license or a permit, must create and maintain an 692 account with the divisions online system and provide an e-mail 693 address to the division to function as the primary means of 694 contact for all communication by the division to the licensee, 695 permittee, or applicant. Licensees, permittees, and applicants 696 are responsible for maintaining accurate contact information 697 with the division. A person or an entity seeking a license or 698 permit from the division must apply using forms prepared by the 699 division and filed through the divisions online system before 700 engaging in any business for which a license or permit is 701 required. The division may not process an application to deal, 702 at retail, in tobacco products unless the application is 703 submitted through the divisions online system. 704 Section 21.Section 569.3156, Florida Statutes, is created 705 to read: 706 569.3156Account; online system.A person or an entity 707 licensed or permitted by the division under this part, or 708 applying for a license or a permit, must create and maintain an 709 account with the divisions online system and provide an e-mail 710 address to the division to function as the primary means of 711 contact for all communication by the division to the licensee, 712 permittee, or applicant. Licensees, permittees, and applicants 713 are responsible for maintaining accurate contact information 714 with the division. A person or an entity seeking a license or 715 permit from the division must apply using forms prepared by the 716 division and filed through the divisions online system before 717 engaging in any business for which a license or permit is 718 required. The division may not process an application to deal, 719 at retail, in nicotine products unless the application is 720 submitted through the divisions online system. 721 Section 22.Subsection (2) of section 210.16, Florida 722 Statutes, is amended to read: 723 210.16Revocation or suspension of permit. 724 (2)The division shall revoke the permit or permits of any 725 person who would be ineligible to obtain a new license or renew 726 a license by reason of any of the conditions for permitting 727 provided in s. 210.15(1)(d)1.-6. s. 210.15(1)(c)1.-6. 728 Section 23.Paragraph (a) of subsection (6) of section 729 476.144, Florida Statutes, is amended to read: 730 476.144Licensure. 731 (6)A person may apply for a restricted license to practice 732 barbering. The board shall adopt rules specifying procedures for 733 an applicant to obtain a restricted license if the applicant: 734 (a)1.Has successfully completed a restricted barber 735 course, as established by rule of the board, at a school of 736 barbering licensed pursuant to chapter 1005, a barbering program 737 within the public school system, or a government-operated 738 barbering program in this state; or 739 2.a.Holds or has within the previous 5 years held an 740 active valid license to practice barbering in another state or 741 country or has held a Florida barbering license which has been 742 declared null and void for failure to renew the license, and the 743 applicant fulfilled the requirements of s. 476.114(2)(c) s. 744 476.114(2)(c)2. for initial licensure; and 745 b.Has not been disciplined relating to the practice of 746 barbering in the previous 5 years; and 747 748 The restricted license shall limit the licensees practice to 749 those specific areas in which the applicant has demonstrated 750 competence pursuant to rules adopted by the board. 751 Section 24.This act shall take effect July 1, 2024.