Florida Senate Bill S1452 Introduced / Bill

 Florida Senate - 2025 SB 1452  By Senator Truenow 13-00400A-25 20251452__ 1 A bill to be entitled 2 An act relating to the Department of Business and 3 Professional Regulation; repealing ss. 468.399, 4 468.521, 468.523, 476.054, 477.015, 481.2131, 5 481.2251, 481.305, 492.103, 499.01211, and 713.79, 6 F.S., relating to expenditure of excess funds; the 7 Board of Employee Leasing Companies, membership, 8 appointments, and terms; rules of the board; the 9 Barbers Board; the Board of Cosmetology; interior 10 design, practice requirements, disclosure of 11 compensation for professional services; disciplinary 12 proceedings against registered interior designers; the 13 Board of Landscape Architecture; the Board of 14 Professional Geologists; the Drug Wholesale 15 Distributor Advisory Council; and liens for interior 16 design services, respectively; amending s. 20.165, 17 F.S.; renaming, deleting, and redesignating specified 18 boards, commissions, and councils established under 19 the Division of Professions within the department; 20 conforming provisions to changes made by the act; 21 amending s. 339.035, F.S.; revising the requirements 22 for accessibility of elevators for the physically 23 handicapped; amending s. 448.095, F.S.; providing that 24 the department may request copies of certain 25 documentation relied upon by employers to verify an 26 employees employment eligibility; requiring the 27 department to notify the Department of Commerce and 28 the Department of Law Enforcement of any violations 29 within a specified timeframe; reenacting and amending 30 s. 455.02, F.S.; specifying that certain license 31 application requirements apply only to certain 32 professions; amending s. 455.2124, F.S.; revising 33 applicability regarding continuing education; amending 34 s. 455.213, F.S.; deleting a requirement that the 35 board regulating a cosmetologist or cosmetology 36 specialist review an applicants criminal record; 37 requiring specified persons or entities to create and 38 maintain an account with the Department of Business 39 and Professional Regulations online system; requiring 40 such persons or entities to provide specified 41 information on the departments online system; 42 requiring such persons to use forms furnished by the 43 departments online system; prohibiting the department 44 from processing an application not submitted through 45 its online system; amending ss. 468.382 and 476.034, 46 F.S.; deleting the definition of the term board; 47 reordering and amending ss. 468.520, 477.013, and 48 492.102, F.S.; deleting definitions; amending s. 49 471.015, F.S.; revising who the board must certify as 50 qualified for a license by endorsement for the 51 practice of engineering; amending s. 473.3065, F.S.; 52 renaming the Certified Public Accountant Education 53 Minority Assistance Advisory Council as the Certified 54 Public Accountant Education Opportunity Assistance 55 Advisory Council; revising the purpose of the Clay 56 Ford Scholarship Program; revising eligibility 57 criteria for receipt of the scholarship; revising the 58 criteria for sitting on and filling a vacancy on the 59 council; amending s. 476.064, F.S.; conforming 60 provisions to changes made by the act; amending s. 61 476.184, F.S.; requiring the department to adopt 62 rules; requiring a mobile barbershop to comply with 63 all licensure and operating requirements that apply to 64 a barbershop at a fixed location; providing an 65 exception; requiring a mobile barbershop to have a 66 permanent business address in a specified location; 67 requiring that certain records be kept at the 68 permanent business address; requiring a mobile 69 barbershop licenseholder to file with the department a 70 written monthly itinerary that provides certain 71 information; requiring that a licenseholder comply 72 with certain laws and ordinances; amending s. 476.188, 73 F.S.; providing that a barbershop must be licensed 74 with the department, rather than registered; 75 authorizing the practice of barbering to be performed 76 in a location other than a licensed barbershop under 77 certain circumstances; conforming provisions to 78 changes made by the act; amending ss. 477.019 and 79 477.0201, F.S.; requiring an initial applicant for 80 certain cosmetology licenses to submit a complete set 81 of fingerprints to the Department of Law Enforcement 82 for state processing of a background check; requiring 83 the department to forward such fingerprints to the 84 Federal Bureau of Investigation for national 85 processing of a background screening; requiring the 86 Department of Business and Professional Regulation to 87 review the results of such background screenings 88 before issuing a license; providing that the costs for 89 such background screenings be borne by the applicant; 90 requiring the authorized agencies or vendors to pay 91 the processing costs to the Department of Law 92 Enforcement; conforming cross-references; conforming 93 provisions to changes made by the act; renaming ch. 94 481, F.S., as Architecture and Landscape 95 Architecture; renaming part I of ch. 481, F.S., as 96 Architecture; amending s. 481.203, F.S.; revising 97 and deleting terms; amending s. 481.205, F.S.; 98 renaming the Board of Architecture and Interior Design 99 as the Board of Architecture and Landscape 100 Architecture; revising the number of members on the 101 board; revising the criteria to sit on the board; 102 conforming provisions to changes made by the act; 103 making technical changes; amending s. 481.207, F.S.; 104 deleting the fees regarding registered interior 105 designers; amending s. 481.209, F.S.; deleting 106 examination requirements for persons seeking to obtain 107 a certificate and seal of registration as a registered 108 interior designer; amending s. 481.213, F.S.; deleting 109 a provision that licensure as an architect is deemed 110 to include all the rights and privileges of 111 registration as an interior designer; deleting a 112 requirement that the board certify registration by 113 endorsement of an interior designer who meets certain 114 criteria; revising who the board shall certify as 115 qualified for a license by endorsement in the practice 116 of architecture; conforming a cross-reference; 117 deleting a provision that a certificate of 118 registration is not required for a person providing 119 interior decorator or interior design services; 120 amending s. 481.215, F.S.; conforming provisions to 121 changes made by the act; amending s. 481.217, F.S.; 122 deleting certain continuing education requirements for 123 inactive interior designers; amending s. 481.219, 124 F.S.; deleting a provision that an interior designer 125 who signs and seals the interior design drawings, 126 plans, or specifications for a project is liable for 127 the professional services performed; revising 128 construction; amending s. 481.221, F.S.; deleting a 129 requirement that the board adopt rules; deleting a 130 requirement that a registered interior designer obtain 131 a seal as prescribed by the board for filing public 132 records; deleting a requirement that such filings bear 133 the interior designers seal and signature; deleting 134 the provision that such seal and signature bear 135 evidence of the authenticity of that to which they are 136 affixed; deleting a provision that certain documents 137 may be transmitted and signed and sealed 138 electronically; deleting a prohibition against a 139 registered interior designer affixing his or her seal 140 or signature to work that he or she is not competent 141 or registered to perform; deleting a prohibition 142 against a registered interior designer affixing his or 143 her signature or seal to certain documents that were 144 not prepared by him or her; deleting a requirement 145 that certain documents prepared by a registered 146 interior designer be of a sufficiently high standard; 147 conforming provisions to changes made by the act; 148 amending s. 481.222, F.S.; conforming provisions to 149 changes made by the act; amending s. 481.223, F.S.; 150 deleting prohibitions against any person using the 151 title registered interior designer or attempting to 152 use an interior design certificate of registration 153 when he or she is not a holder of such certificate of 154 registration or when such certificate has been 155 suspended, revoked, or placed on inactive or 156 delinquent status; amending s. 481.229, F.S.; deleting 157 exceptions and exemptions from licensure; reenacting 158 and amending s. 481.231, F.S.; deleting a provision 159 that part I of ch. 481, F.S., does not repeal, amend, 160 limit, or otherwise affect specific provisions with 161 respect to registered interior designers; amending s. 162 481.303, F.S.; revising the definition of the term 163 board; amending s. 489.107, F.S.; revising the 164 quorum requirements of the Construction Industry 165 Licensing Board; making a technical change; amending 166 s. 489.111, F.S.; deleting a requirement that the 167 department ensure a sensitivity review committee is 168 established; reenacting and amending s. 499.012, F.S.; 169 deleting permit application requirements for a 170 prescription drug wholesale distributor to include a 171 designated representative; amending s. 499.0121, F.S.; 172 deleting a designated representative as a responsible 173 person who must be listed by a wholesale distributor; 174 amending s. 499.041, F.S.; deleting a requirement that 175 the department assess each person applying for 176 certification as a designated representative a fee, 177 plus the cost of processing a criminal history record 178 check; amending s. 509.098, F.S.; prohibiting an 179 operator of a public lodging establishment from 180 offering, charging, or discounting or rebating a room 181 at an hourly rate; amending s. 509.261, F.S.; 182 prohibiting a lodging establishment or a public food 183 service establishment from selling hemp in violation 184 of the state hemp program; amending s. 553.73, F.S.; 185 making technical changes; reordering and amending s. 186 569.002, F.S; making technical changes; amending s. 187 569.006, F.S.; revising the violations for which 188 retail tobacco products dealers are penalized; 189 amending s. 581.217, F.S.; defining the term 190 division; authorizing the Division of Alcoholic 191 Beverages and Tobacco to assist any agent of the 192 Department of Agriculture and Consumer Services in 193 enforcing the state hemp program; authorizing the 194 division to enter any public or private premises 195 during a specified timeframe in the performance of its 196 duties; amending s. 713.03, F.S.; deleting interior 197 designers as professionals who may place a lien on 198 real property for money owed them for services 199 rendered; amending ss. 326.002, 326.006, 468.384, 200 468.385, 468.3852, 468.3855, 468.386, 468.387, 201 468.388, 468.389, 468.392, 468.393, 468.395, 468.396, 202 468.397, 468.398, 468.522, 468.524, 468.5245, 468.525, 203 468.526, 468.527, 468.5275, 468.529, 468.530, 468.531, 204 468.532, 476.074, 476.114, 476.134, 476.144, 476.154, 205 476.155, 476.192, 476.204, 476.214, 476.234, 477.016, 206 477.018, 477.0212, 477.022, 477.025, 477.026, 207 477.0263, 477.028, 477.029, 492.104, 492.105, 492.106, 208 492.107, 492.108, 492.1101, 492.111, 492.113, and 209 558.002, F.S.; conforming provisions to changes made 210 by the act; making technical changes; deleting 211 obsolete language; amending ss. 125.01, 125.56, 212 212.08, 440.02, 477.0135, 448.26, 489.103, 553.775, 213 553.79, 553.844, 569.34, 569.35, 604.50, and 627.192, 214 F.S.; conforming cross-references; making technical 215 changes; reenacting ss. 120.54(3)(c), 120.74(2)(b) and 216 (3)(a), 468.4315(3), and 468.523, F.S., relating to 217 rulemaking; agency annual rulemaking and regulatory 218 plans, reports; the Regulatory Council of Community 219 Association Managers; and applicability of s. 20.165 220 and ch. 455, F.S., respectively, to incorporate the 221 amendment made to s. 20.165, F.S., in references 222 thereto; reenacting s. 448.09(2), F.S., relating to 223 prohibited employment of unauthorized aliens, to 224 incorporate the amendment made to s. 448.095, F.S., in 225 a reference thereto; reenacting s. 287.055(2)(h), 226 F.S., relating to definitions, to incorporate the 227 amendment made to s. 481.219, F.S., in a reference 228 thereto; reenacting s. 481.225(1)(a), F.S., relating 229 to disciplinary proceedings against registered 230 architects, to incorporate the amendment made to ss. 231 481.221 and 481.223, F.S., in references thereto; 232 reenacting s. 1013.45(4), F.S., relating to 233 educational facilities contracting and construction 234 techniques for school districts and Florida College 235 System institutions, to incorporate the amendment made 236 to s. 481.229, F.S., in a reference thereto; 237 reenacting s. 499.067(1)(b), F.S., relating to denial, 238 suspension, or revocation of a permit, certification, 239 or registration, to incorporate the amendment made to 240 s. 499.012, F.S., in references thereto; reenacting 241 ss. 458.3265(3)(f), 459.0137(3)(f), and 499.01(2)(a), 242 (c), (h), (j)-(m), and (q), F.S., relating to pain 243 management clinics, pain-management clinics, and 244 permits, respectively, to incorporate the amendment 245 made to s. 499.0121, F.S., in references thereto; 246 reenacting s. 499.015(1)(a), F.S., relating to 247 registration of drugs and devices and issuance of 248 certificates of free sale, to incorporate the 249 amendment made to s. 499.041, F.S., in a reference 250 thereto; reenacting ss. 713.01(19) and 713.02(1), 251 F.S., relating to definitions and types of lienors and 252 exemptions, respectively, to incorporate the amendment 253 made to s. 713.03, F.S., in references thereto; 254 providing an effective date. 255 256 Be It Enacted by the Legislature of the State of Florida: 257 258 Section 1.Section 468.399, Florida Statutes, is repealed. 259 Section 2.Section 468.521, Florida Statutes, is repealed. 260 Section 3.Section 468.523, Florida Statutes, is repealed. 261 Section 4.Section 476.054, Florida Statutes, is repealed. 262 Section 5.Section 477.015, Florida Statutes, is repealed. 263 Section 6.Section 481.2131, Florida Statutes, is repealed. 264 Section 7.Section 481.2251, Florida Statutes, is repealed. 265 Section 8.Section 481.305, Florida Statutes, is repealed. 266 Section 9.Section 492.103, Florida Statutes, is repealed. 267 Section 10.Section 499.01211, Florida Statutes, is 268 repealed. 269 Section 11.Section 713.79, Florida Statutes, is repealed. 270 Section 12.Paragraph (a) of subsection (4), subsections 271 (5), (6), and (7), and paragraph (b) of subsection (9) of 272 section 20.165, Florida Statutes, are amended to read: 273 20.165Department of Business and Professional Regulation. 274 There is created a Department of Business and Professional 275 Regulation. 276 (4)(a)The following boards, and programs, commissions, and 277 councils are established within the Division of Professions: 278 1.The Board of Architecture and Landscape Architecture 279 Interior Design, created under parts part I and II of chapter 280 481. 281 2.The auctioneers licensing program Florida Board of 282 Auctioneers, created under part VI of chapter 468. 283 3.The barbers licensing program Barbers Board, created 284 under chapter 476. 285 4.The Florida Building Code Administrators and Inspectors 286 Board, created under part XII of chapter 468. 287 5.The Construction Industry Licensing Board, created under 288 part I of chapter 489. 289 6.The cosmetology licensing program Board of Cosmetology, 290 created under chapter 477. 291 7.The Electrical Contractors Licensing Board, created 292 under part II of chapter 489. 293 8.The employee leasing companies licensing program Board 294 of Employee Leasing Companies, created under part XI of chapter 295 468. 296 9.Board of Landscape Architecture, created under part II 297 of chapter 481. 298 10.The Board of Pilot Commissioners, created under chapter 299 310. 300 10.11.The Board of Professional Engineers, created under 301 chapter 471. 302 11.12.The Board of professional geologists licensing 303 program, created under chapter 492. 304 12.13.The Board of Veterinary Medicine, created under 305 chapter 474. 306 13.14.The home inspection services licensing program, 307 created under part XV of chapter 468. 308 14.15.The mold-related services licensing program, created 309 under part XVI of chapter 468. 310 15.The talent agency licensing program, created under part 311 VII of chapter 468. 312 16.The Florida Building Commission, created under chapter 313 553. 314 17.The Regulatory Council of Community Association 315 Managers, created under part VIII of chapter 468. 316 18.The yacht and ship brokers licensing program, created 317 under chapter 326. 318 (5)The members of each board or commission established 319 pursuant to subsection (4) shall be appointed by the Governor, 320 subject to confirmation by the Senate. Consumer members on the 321 board or commission shall be appointed pursuant to subsection 322 (6). Members shall be appointed for 4-year terms, and such terms 323 shall expire on October 31. However, a term of less than 4 years 324 may be utilized to ensure that: 325 (a)No more than two members terms expire during the same 326 calendar year for boards or commissions consisting of seven or 327 eight members. 328 (b)No more than 3 members terms expire during the same 329 calendar year for boards or commissions consisting of 9 to 12 330 members. 331 (c)No more than 5 members terms expire during the same 332 calendar year for boards or commissions consisting of 13 or more 333 members. 334 335 A member whose term has expired shall continue to serve on the 336 board or commission until such time as a replacement is 337 appointed. A vacancy on the board or commission shall be filled 338 for the unexpired portion of the term in the same manner as the 339 original appointment. No member may serve for more than the 340 remaining portion of a previous members unexpired term, plus 341 two consecutive 4-year terms of the members own appointment 342 thereafter. 343 (6)Each board or commission with five or more members 344 shall have at least two consumer members who are not, and have 345 never been, members or practitioners of the profession regulated 346 by such board or commission or of any closely related 347 profession. Each board or commission with fewer than five 348 members shall have at least one consumer member who is not, and 349 has never been, a member or practitioner of the profession 350 regulated by such board or commission or of any closely related 351 profession. 352 (7)No board or commission, with the exception of joint 353 coordinatorships, shall be transferred from its present location 354 unless authorized by the Legislature in the General 355 Appropriations Act. 356 (9) 357 (b)Each employee serving as a law enforcement officer for 358 the division must meet the qualifications for employment or 359 appointment as a law enforcement officer set forth under s. 360 943.13 and must be certified as a law enforcement officer by the 361 Department of Law Enforcement under chapter 943. Upon 362 certification, each law enforcement officer is subject to and 363 has the same authority as provided for law enforcement officers 364 generally in chapter 901 and has statewide jurisdiction. Each 365 officer also has arrest authority as provided for state law 366 enforcement officers in s. 901.15. Each officer possesses the 367 full law enforcement powers granted to other peace officers of 368 this state, including the authority to make arrests, carry 369 firearms, serve court process, and seize contraband and the 370 proceeds of illegal activities. 371 1.The primary responsibility of each officer appointed 372 under this section is to investigate, enforce, and prosecute, 373 throughout this the state, violations and violators of parts I 374 and II of chapter 210, chapter 310, chapter 326, parts I and III 375 of chapter 450, chapter 455, parts VI-IX, XI, XII, XV, and XVI 376 of chapter 468, chapter 469, chapter 471, chapters 473-477, 377 chapter 481, parts I and II of chapter 489, chapter 499, chapter 378 509, chapter 548, chapter 553, part VII of chapter 559, and 379 chapters 561-569, chapters 718-719, chapter 721, and chapter 723 380 and the rules adopted thereunder, as well as other state laws 381 that the division, all state law enforcement officers, or 382 beverage enforcement agents are specifically authorized to 383 enforce. 384 2.The secondary responsibility of each officer appointed 385 under this section is to enforce all other state laws, provided 386 that the enforcement is incidental to exercising the officers 387 primary responsibility as provided in subparagraph 1., and the 388 officer exercises the powers of a deputy sheriff, only after 389 consultation or coordination with the appropriate local 390 sheriffs office or municipal police department or when the 391 division participates in the Florida Mutual Aid Plan during a 392 declared state emergency. 393 Section 13.Subsection (2) of section 399.035, Florida 394 Statutes, is amended to read: 395 399.035Elevator accessibility requirements for the 396 physically handicapped. 397 (2)Any building that is more than three stories high or in 398 which the vertical distance between the bottom terminal landing 399 and the top terminal landing exceeds 25 feet must be constructed 400 to contain at least one passenger elevator that is operational 401 and will accommodate an ambulance stretcher size specified in 402 the edition of the Florida Building Code that was in effect at 403 the time of receipt of an application for construction permit 404 for the elevator 76 inches long and 24 inches wide in the 405 horizontal position. 406 Section 14.Paragraph (a) of subsection (3) of section 407 448.095, Florida Statutes, is amended, and paragraph (c) is 408 added to that subsection, to read: 409 448.095Employment eligibility. 410 (3)ENFORCEMENT. 411 (a)For the purpose of enforcement of this section, any of 412 the following persons or entities may request, and an employer 413 must provide, copies of any documentation relied upon by the 414 employer for the verification of a new employees employment 415 eligibility: 416 1.The Department of Law Enforcement; 417 2.The Attorney General; 418 3.The state attorney in the circuit in which the new 419 employee works; 420 4.The statewide prosecutor; or 421 5.The Department of Commerce; or 422 6.The Department of Business and Professional Regulation. 423 (c)If the Department of Business and Professional 424 Regulation determines an employer violated subsection (2) or s. 425 448.09, it must notify the Department of Commerce and the 426 Department of Law Enforcement within 30 days after making such 427 determination. 428 Section 15.Paragraph (a) of subsection (3) of section 429 455.02, Florida Statutes, is amended, and subsections (1) and 430 (2) of that section are reenacted, to read: 431 455.02Licensure of members of the Armed Forces in good 432 standing and their spouses or surviving spouses with 433 administrative boards or programs. 434 (1)Any member of the United States Armed Forces now or 435 hereafter on active duty who, at the time of becoming such a 436 member, was in good standing with any of the boards or programs 437 listed in s. 20.165 and was entitled to practice or engage in 438 his or her profession or occupation in the state shall be kept 439 in good standing by the applicable board or program, without 440 registering, paying dues or fees, or performing any other act on 441 his or her part to be performed, as long as he or she is a 442 member of the United States Armed Forces on active duty and for 443 a period of 2 years after discharge from active duty. A member, 444 during active duty and for a period of 2 years after discharge 445 from active duty, engaged in his or her licensed profession or 446 occupation in the private sector for profit in this state must 447 complete all license renewal provisions except remitting the 448 license renewal fee, which shall be waived by the department. 449 (2)A spouse of a member of the United States Armed Forces 450 who is married to a member during a period of active duty, or a 451 surviving spouse of a member who at the time of death was 452 serving on active duty, who is in good standing with any of the 453 boards or programs listed in s. 20.165 shall be kept in good 454 standing by the applicable board or program as described in 455 subsection (1) and shall be exempt from licensure renewal 456 provisions, but only in cases of his or her absence from the 457 state because of his or her spouses duties with the United 458 States Armed Forces. The department or the appropriate board or 459 program shall waive any license renewal fee for such spouse when 460 he or she is present in this state because of such members 461 active duty and for a surviving spouse of a member who at the 462 time of death was serving on active duty and died within the 2 463 years preceding the date of renewal. 464 (3)(a)The department shall issue a professional license to 465 an applicant who is or was an active duty member of the Armed 466 Forces of the United States, or who is a spouse or surviving 467 spouse of such member, upon application to the department in a 468 format prescribed by the department. An application must include 469 proof that: 470 1.The applicant is or was an active duty member of the 471 Armed Forces of the United States or is married to a member of 472 the Armed Forces of the United States and was married to the 473 member during any period of active duty or was married to such a 474 member who at the time of the members death was serving on 475 active duty. An applicant who was an active duty member of the 476 Armed Forces of the United States must have received an 477 honorable discharge upon separation or discharge from the Armed 478 Forces of the United States. 479 2.The applicant holds a valid license for the profession 480 issued by another state, the District of Columbia, any 481 possession or territory of the United States, or any foreign 482 jurisdiction. 483 3.The applicant, where required by the specific practice 484 act, has complied with insurance or bonding requirements. 485 4.a.A complete set of the applicants fingerprints is 486 submitted to the Department of Law Enforcement for a statewide 487 criminal history check for those professions that require 488 fingerprints for initial licensure. 489 b.The Department of Law Enforcement shall forward the 490 fingerprints submitted pursuant to sub-subparagraph a. to the 491 Federal Bureau of Investigation for a national criminal history 492 check. The department shall, and the board may, review the 493 results of the criminal history checks according to the level 2 494 screening standards in s. 435.04 and determine whether the 495 applicant meets the licensure requirements. The costs of 496 fingerprint processing shall be borne by the applicant. If the 497 applicants fingerprints are submitted through an authorized 498 agency or vendor, the agency or vendor must shall collect the 499 required processing fees and remit the fees to the Department of 500 Law Enforcement. 501 Section 16.Paragraph (b) of subsection (2) of section 502 455.2124, Florida Statutes, is amended to read: 503 455.2124Proration of or not requiring continuing 504 education. 505 (2) 506 (b)This subsection does not apply to engineers regulated 507 pursuant to chapter 471; to certified public accountants 508 regulated pursuant to chapter 473; to brokers, broker 509 associates, and sales associates regulated pursuant to part I of 510 chapter 475; to appraisers regulated pursuant to part II of 511 chapter 475; to architects, interior designers, or landscape 512 architects regulated pursuant to chapter 481; or to contractors 513 regulated pursuant to chapter 489. 514 Section 17.Paragraph (a) of subsection (3) and subsection 515 (12) of section 455.213, Florida Statutes, are amended to read: 516 455.213General licensing provisions. 517 (3)(a)Notwithstanding any other law, the applicable board 518 shall use the process in this subsection for review of an 519 applicants criminal record to determine his or her eligibility 520 for licensure as: 521 1.A barber under chapter 476; 522 2.A cosmetologist or cosmetology specialist under chapter 523 477; 524 3.Any of the following construction professions under 525 chapter 489: 526 a.Air-conditioning contractor; 527 b.Electrical contractor; 528 c.Mechanical contractor; 529 d.Plumbing contractor; 530 e.Pollutant storage systems contractor; 531 f.Roofing contractor; 532 g.Sheet metal contractor; 533 h.Solar contractor; 534 i.Swimming pool and spa contractor; 535 j.Underground utility and excavation contractor; or 536 k.Other specialty contractors; or 537 3.4.Any other profession for which the department issues a 538 license, provided the profession is offered to inmates in any 539 correctional institution or correctional facility as vocational 540 training or through an industry certification program. 541 (12)(a)A person or an entity licensed or permitted by 542 either the Division of Professions or the Division of Real 543 Estate, or applying for a license or a permit, must create and 544 maintain an account with the departments online system and 545 provide an e-mail address to the department to function as the 546 primary means of contact for all communication by the department 547 to the licensee, permitholder, or applicant. Licensees, 548 permitholders, and applicants are responsible for maintaining 549 accurate contact information on file with the department. A 550 person or an entity seeking a license or a permit under this 551 chapter or under the applicable practice act must apply using 552 forms furnished by the department which are filed through the 553 departments online system before the person or entity commences 554 operations. The department may not process an application for a 555 license or a permit issued by the department under this chapter 556 or under the applicable practice act unless the application is 557 submitted through the departments online system Any submission 558 required to be in writing may otherwise be required by the 559 department to be made by electronic means. 560 (b)The department is authorized to contract with private 561 vendors, or enter into interagency agreements, to collect 562 electronic fingerprints where fingerprints are required for 563 registration, certification, or the licensure process or where 564 criminal history record checks are required. 565 Section 18.Subsection (4) of section 468.382, Florida 566 Statutes, is amended to read: 567 468.382Definitions.As used in this act, the term: 568 (4)Board means the Florida Board of Auctioneers. 569 Section 19.Subsection (4) of section 476.034, Florida 570 Statutes, is amended to read: 571 476.034Definitions.As used in this act: 572 (4)Board means the Barbers Board. 573 Section 20.Section 468.520, Florida Statutes, is reordered 574 and amended to read: 575 468.520Definitions.As used in this part: 576 (1)Applicant means a business or individual seeking to 577 be licensed under this part. 578 (2)Board means the Board of Employee Leasing Companies. 579 (4)(3)Department means the Department of Business and 580 Professional Regulation. 581 (5)(4)Employee leasing means an arrangement whereby a 582 leasing company assigns its employees to a client and allocates 583 the direction of and control over the leased employees between 584 the leasing company and the client. The term does not include 585 the following: 586 (a)A temporary help arrangement, whereby an organization 587 hires its own employees and assigns them to a client to support 588 or supplement the clients workforce in special work situations 589 such as employee absences, temporary skill shortages, seasonal 590 workloads, and special assignments and projects. 591 (b)An arrangement in which an organization employs only 592 one category of employees and assigns them to a client to 593 perform a function inherent to that category and which function 594 is separate and divisible from the primary business of the 595 client. 596 (c)A facilities staffing arrangement, whereby an 597 organization assigns its employees to staff, in whole or in 598 part, a specific client function or functions, on an ongoing, 599 indefinite basis, provided that the total number of individuals 600 assigned by that organization under such arrangements comprises 601 no more than 50 percent of the workforce at a clients worksite 602 and provided further that no more than 20 percent of the 603 individuals assigned to staff a particular client function were 604 employed by the client immediately preceding the commencement of 605 the arrangement. 606 (d)An arrangement in which an organization assigns its 607 employees only to a commonly controlled company or group of 608 companies as defined in s. 414 of the Internal Revenue Code and 609 in which the organization does not hold itself out to the public 610 as an employee leasing company. 611 (e)A home health agency licensed under chapter 400, unless 612 otherwise engaged in business as an employee leasing company. 613 (f)A health care services pool licensed under s. 400.980, 614 unless otherwise engaged in business as an employee leasing 615 company. 616 (6)(5)Employee leasing company means a sole 617 proprietorship, partnership, corporation, or other form of 618 business entity engaged in employee leasing. 619 (2)(6)Client company means a person or entity which 620 contracts with an employee leasing company and is provided 621 employees pursuant to that contract. 622 (3)(7)Controlling person means: 623 (a)Any natural person who possesses, directly or 624 indirectly, the power to direct or cause the direction of the 625 management or policies of any employee leasing company, 626 including, but not limited to: 627 1.Direct or indirect control of 50 percent or more of the 628 voting securities of the employee leasing company; or 629 2.The general power to endorse any negotiable instrument 630 payable to or on behalf of the employee leasing company or to 631 cause the direction of the management or policies of any 632 employee leasing company; or 633 (b)Any natural person employed, appointed, or authorized 634 by an employee leasing company to enter into a contractual 635 relationship with a client company on behalf of the employee 636 leasing company. 637 638 Section 21.Section 477.013, Florida Statutes, is reordered 639 and amended, to read: 640 477.013Definitions.As used in this chapter: 641 (1)Board means the Board of Cosmetology. 642 (4)(2)Department means the Department of Business and 643 Professional Regulation. 644 (2)(3)Cosmetologist means a person who is licensed to 645 engage in the practice of cosmetology in this state under the 646 authority of this chapter. 647 (3)(4)Cosmetology means the mechanical or chemical 648 treatment of the head, face, and scalp for aesthetic rather than 649 medical purposes, including, but not limited to, hair 650 shampooing, hair cutting, hair arranging, hair coloring, 651 permanent waving, and hair relaxing for compensation. This term 652 also includes performing hair removal, including wax treatments, 653 manicures, pedicures, and skin care services. 654 (10)(5)Specialist means any person holding a specialty 655 registration in one or more of the specialties registered under 656 this chapter. 657 (11)(6)Specialty means the practice of one or more of 658 the following: 659 (a)Manicuring, or the cutting, polishing, tinting, 660 coloring, cleansing, adding, or extending of the nails, and 661 massaging of the hands. This term includes any procedure or 662 process for the affixing of artificial nails, except those nails 663 which may be applied solely by use of a simple adhesive. 664 (b)Pedicuring, or the shaping, polishing, tinting, or 665 cleansing of the nails of the feet, and massaging or beautifying 666 of the feet. 667 (c)Facials, or the massaging or treating of the face or 668 scalp with oils, creams, lotions, or other preparations, and 669 skin care services. 670 (8)(7)Shampooing means the washing of the hair with soap 671 and water or with a special preparation, or applying hair 672 tonics. 673 (12)(8)Specialty salon means any place of business 674 wherein the practice of any one or all of the specialties as 675 defined in subsection (11) (6) are engaged in or carried on. 676 (5)(9)Hair braiding means the weaving or interweaving of 677 natural human hair or commercial hair, including the use of hair 678 extensions or wefts, for compensation without cutting, coloring, 679 permanent waving, relaxing, removing, or chemical treatment. 680 (6)(10)Hair wrapping means the wrapping of manufactured 681 materials around a strand or strands of human hair, for 682 compensation, without cutting, coloring, permanent waving, 683 relaxing, removing, weaving, chemically treating, braiding, 684 using hair extensions, or performing any other service defined 685 as cosmetology. 686 (7)(11)Photography studio salon means an establishment 687 where the hair-arranging services and the application of 688 cosmetic products are performed solely for the purpose of 689 preparing the model or client for the photographic session 690 without shampooing, cutting, coloring, permanent waving, 691 relaxing, or removing of hair or performing any other service 692 defined as cosmetology. 693 (1)(12)Body wrapping means a treatment program that uses 694 herbal wraps for the purposes of cleansing and beautifying the 695 skin of the body, but does not include: 696 (a)The application of oils, lotions, or other fluids to 697 the body, except fluids contained in presoaked materials used in 698 the wraps; or 699 (b)Manipulation of the bodys superficial tissue, other 700 than that arising from compression emanating from the wrap 701 materials. 702 (9)(13)Skin care services means the treatment of the 703 skin of the body, other than the head, face, and scalp, by the 704 use of a sponge, brush, cloth, or similar device to apply or 705 remove a chemical preparation or other substance, except that 706 chemical peels may be removed by peeling an applied preparation 707 from the skin by hand. Skin care services must be performed by a 708 licensed cosmetologist or facial specialist within a licensed 709 cosmetology or specialty salon, and such services may not 710 involve massage therapy, as defined in s. 480.033, through 711 manipulation of the superficial tissue. 712 Section 22.Section 492.102, Florida Statutes, is reordered 713 and amended to read: 714 492.102Definitions.For the purposes of this chapter, 715 unless the context clearly requires otherwise: 716 (1)Board means the Board of Professional Geologists. 717 (2)Department means the Department of Business and 718 Professional Regulation. 719 (3)Geology means the science which includes the 720 treatment of the earth and its origin and history, in general; 721 the investigation of the earths crust and interior and the 722 solids and fluids, including all surface and underground waters, 723 and gases which compose the earth; the study of the natural 724 agents, forces, and processes which cause changes in the earth; 725 and the utilization of this knowledge of the earth and its 726 solids, fluids, and gases, and their collective properties and 727 processes, for the benefit of humankind. 728 (2)(4)Geologist means an individual who, by reason of 729 her or his knowledge of geology, soils, mathematics, and the 730 physical and life sciences, acquired by education and practical 731 experience, is capable of practicing the science of geology. 732 (6)(5)Qualified geologist means an individual who 733 possesses all the qualifications for licensure under the 734 provisions of this chapter, except that such person is not 735 licensed. 736 (5)(6)Professional geologist means an individual who is 737 licensed as a geologist under the provisions of this chapter. 738 (4)(7)Practice of professional geology means the 739 performance of, or offer to perform, geological services, 740 including, but not limited to, consultation, investigation, 741 evaluation, planning, and geologic mapping, but not including 742 mapping as prescribed in chapter 472, relating to geological 743 work, except as specifically exempted by this chapter. Any 744 person who practices any specialty branch of the profession of 745 geology, or who by verbal claim, sign, advertisement, 746 letterhead, card, or any other means represents herself or 747 himself to be a professional geologist, or who through the use 748 of some title implies that she or he is a professional geologist 749 or that she or he is licensed under this chapter, or who holds 750 herself or himself out as able to perform or does perform any 751 geological services or work recognized as professional geology, 752 is shall be construed to be engaged in the practice of 753 professional geology. 754 Section 23.Subsection (3) of section 471.015, Florida 755 Statutes, is amended to read: 756 471.015Licensure. 757 (3)The board shall certify as qualified for a license by 758 endorsement an applicant who: 759 (a)Qualifies to take the fundamentals examination and the 760 principles and practice examination as set forth in s. 471.013, 761 has passed a United States national, regional, state, or 762 territorial licensing examination that is substantially 763 equivalent to the fundamentals examination and principles and 764 practice examination required by s. 471.013, and has satisfied 765 the experience requirements set forth in paragraph (2)(a) and s. 766 471.013; or 767 (b)Holds a valid license to practice engineering issued by 768 another state or territory of the United States, or a foreign 769 jurisdiction if the criteria for issuance of the license were 770 substantially the same as the licensure criteria that existed in 771 this state at the time the license was issued; or 772 (c)Holds a valid license to practice engineering issued by 773 a foreign jurisdiction approved by the board and holds an active 774 Council Record with the National Council of Examiners for 775 Engineering and Surveying. 776 Section 24.Section 473.3065, Florida Statutes, is amended 777 to read: 778 473.3065Clay Ford Scholarship Program; Certified Public 779 Accountant Education Opportunity Minority Assistance Advisory 780 Council. 781 (1)The Clay Ford Scholarship Program for Florida residents 782 is hereby established in the division for the purpose of 783 providing scholarships to minority persons as defined in s. 784 288.703 who are students enrolled in their fifth year of an 785 accounting education program at an institution in this state 786 approved by the board by rule. A Certified Public Accountant 787 Education Opportunity Minority Assistance Advisory Council shall 788 assist the board in administering the program. 789 (2)All moneys used to provide scholarships under the Clay 790 Ford Scholarship Program shall be funded by a portion of 791 existing license fees, as set by the board, not to exceed $10 792 per license. Such moneys shall be deposited into the 793 Professional Regulation Trust Fund in a separate account 794 maintained for that purpose. The department may spend up to 795 $200,000 per year for the program from this program account but 796 may not allocate overhead charges to it. Moneys for scholarships 797 shall be disbursed twice per year upon recommendation of the 798 advisory council and approval by the board, based on the adopted 799 eligibility criteria and comparative evaluation of all 800 applicants. Funds in the program account may be invested by the 801 Chief Financial Officer under the same limitations as apply to 802 investment of other state funds, and all interest earned thereon 803 shall be credited to the program account. 804 (3)The board shall adopt rules as necessary for 805 administration of the Clay Ford Scholarship Program, including 806 rules relating to the following: 807 (a)Eligibility criteria for receipt of a scholarship, 808 which must, at a minimum, shall include the following factors: 809 1.Financial need. 810 2.Ethnic, gender, or racial minority status pursuant to s. 811 288.703(4). 812 3.Scholastic ability and performance. 813 (b)Scholarship application procedures. 814 (c)Amounts in which scholarships may be provided, the 815 total amount that may be provided, the timeframe for payments or 816 partial payments, and criteria for how scholarship funds may be 817 expended. 818 (d)The total amount of scholarships that can be made each 819 year. 820 (e)The minimum balance that must be maintained in the 821 program account. 822 (4)Determinations made by the board regarding recipients 823 of scholarship moneys may shall not be considered agency action 824 for purposes of chapter 120. 825 (5)It is unlawful for any person or agent of such person 826 to knowingly file with the board any notice, statement, or other 827 document that is false or that contains any material 828 misstatement of fact. A person who violates this subsection 829 commits a misdemeanor of the second degree, punishable as 830 provided in s. 775.082 or s. 775.083. 831 (6)There is hereby created the Certified Public Accountant 832 Education Opportunity Minority Assistance Advisory Council to 833 assist the board in administering the Clay Ford Scholarship 834 Program. The council shall be diverse and representative of the 835 gender, ethnic, and racial categories set forth in s. 836 288.703(4). 837 (a)The council shall consist of five licensed Florida 838 certified public accountants selected by the board, of whom one 839 shall be a board member who serves as chair of the council, one 840 shall be a representative of the National Association of Black 841 Accountants, one shall be a representative of the Cuban American 842 CPA Association, and two shall be selected at large. At least 843 one member of the council must be a woman. 844 (b)The board shall determine the terms for initial 845 appointments and appointments thereafter. 846 (c)Any vacancy on the council shall be filled in the 847 manner provided for the selection of the initial member. Any 848 member appointed to fill a vacancy of an unexpired term shall be 849 appointed for the remainder of that term. 850 (d)Three consecutive absences or absences constituting 50 851 percent or more of the councils meetings within any 12-month 852 period shall cause the council membership of the member in 853 question to become void, and the position shall be considered 854 vacant. 855 (e)The members of the council shall serve without 856 compensation, and any necessary and actual expenses incurred by 857 a member while engaged in the business of the council shall be 858 borne by such member or by the organization or agency such 859 member represents. However, the council member who is a member 860 of the board shall be compensated in accordance with ss. 861 455.207(4) and 112.061. 862 Section 25.Section 476.064, Florida Statutes, is amended 863 to read: 864 476.064Rulemaking authority Organization; headquarters; 865 personnel; meetings. 866 (1)The board shall annually elect a chair and a vice chair 867 from its number. The board shall maintain its headquarters in 868 Tallahassee. 869 (2)The department shall appoint or employ such personnel 870 as may be necessary to assist the department board in exercising 871 the powers and performing the duties and obligations set forth 872 in this act. Such personnel need not be licensed barbers and 873 shall not be members of the board. Such personnel are shall be 874 authorized to do and perform such duties and work as may be 875 assigned by the department board. 876 (3)The board shall hold an annual meeting and such other 877 meetings during the year as it may determine to be necessary. 878 The chair of the board may call other meetings at her or his 879 discretion. A quorum of the board shall consist of not less than 880 four members. 881 (2)(4)The department board has authority to adopt rules 882 pursuant to ss. 120.536(1) and 120.54 to implement the 883 provisions of this chapter. 884 Section 26.Subsections (2), (8), and (9) of section 885 476.184, Florida Statutes, are amended, and subsection (11) is 886 added to that section, to read: 887 476.184Barbershop licensure; requirements; fee; 888 inspection; license display. 889 (2)The department board shall adopt rules governing the 890 licensure and operation of a barbershop and its facilities, 891 personnel, safety and sanitary requirements, and the license 892 application and granting process. 893 (8)Renewal of license registration for barbershops shall 894 be accomplished pursuant to rules adopted by the department 895 board. The department board is further authorized to adopt rules 896 governing delinquent renewal of licenses and may impose penalty 897 fees for delinquent renewal. 898 (9)The department board is authorized to adopt rules 899 governing the operation and periodic inspection of barbershops 900 licensed under this chapter. 901 (11)(a)The department shall adopt rules governing the 902 licensure, operation, and inspection of mobile barbershops, 903 including their facilities, personnel, and safety and sanitary 904 requirements. 905 (b)Each mobile barbershop must comply with all licensure 906 and operating requirements specified in this chapter, chapter 907 455, or rules of the department that apply to barbershops at 908 fixed locations, except to the extent that such requirements 909 conflict with this subsection or rules adopted pursuant to this 910 subsection. 911 (c)A mobile barbershop must maintain a permanent business 912 address, located in the inspection area of the local department 913 office, at which records of appointments, itineraries, license 914 numbers of employees, and vehicle identification numbers of the 915 licenseholders mobile barbershop shall be kept and made 916 available for verification purposes by department personnel, and 917 at which correspondence from the department can be received. 918 (d)To facilitate periodic inspections of a mobile 919 barbershop, before the beginning of each month each mobile 920 barbershop licenseholder must file with the department a written 921 monthly itinerary listing the locations where and the dates and 922 hours when the mobile barbershop will be operating. 923 (e)The licenseholder must comply with all local laws and 924 ordinances regulating business establishments, with all 925 applicable requirements of the Americans with Disabilities Act 926 relating to accommodations for persons with disabilities, and 927 with all applicable requirements of the Occupational Safety and 928 Health Administration. 929 Section 27.Section 476.188, Florida Statutes, is amended 930 to read: 931 476.188Barber services to be performed in a licensed 932 registered barbershop; exception. 933 (1)Barber services shall be performed only by licensed 934 barbers in licensed registered barbershops, except as otherwise 935 provided in this section. 936 (2)Pursuant to rules established by the department board, 937 barber services may be performed by a licensed barber in a 938 location other than a licensed registered barbershop, including, 939 but not limited to, a nursing home, hospital, or residence, when 940 a client for reasons of ill health is unable to go to a licensed 941 registered barbershop. Arrangements for the performance of 942 barber services in a location other than a licensed registered 943 barbershop may shall be made only through a licensed registered 944 barbershop. However, a barber may shampoo, cut, or arrange hair 945 in a location other than a licensed registered barbershop 946 without such arrangements. 947 (3)Any person who holds a valid barbers license in any 948 state or who is authorized to practice barbering in any country, 949 territory, or jurisdiction of the United States may perform 950 barber services in a location other than a licensed registered 951 barbershop when such services are performed in connection with 952 the motion picture, fashion photography, theatrical, or 953 television industry; a manufacturer trade show demonstration; or 954 an educational seminar. 955 (4)Pursuant to rules adopted by the department, the 956 practice of barbering may be performed in a location other than 957 a licensed barbershop when performed in connection with a 958 special event and by a person who holds the proper license. 959 Section 28.Subsections (2), (3), (5), (6), and (7) of 960 section 477.019, Florida Statutes, are amended, and subsection 961 (8) is added to that section, to read: 962 477.019Cosmetologists; qualifications; licensure; 963 supervised practice; license renewal; endorsement; continuing 964 education. 965 (2)An applicant is eligible for licensure by examination 966 to practice cosmetology if the applicant: 967 (a)Is at least 16 years of age or has received a high 968 school diploma; 969 (b)Pays the required application fee, which is not 970 refundable, and the required examination fee, which is 971 refundable if the applicant is determined to not be eligible for 972 licensure for any reason other than failure to successfully 973 complete the licensure examination; and 974 (c)Has received a minimum of 1,200 hours of training as 975 established by the department board, which must include, but is 976 not limited to, the equivalent of completion of services 977 directly related to the practice of cosmetology at one of the 978 following: 979 1.A school of cosmetology licensed pursuant to chapter 980 1005. 981 2.A cosmetology program within the public school system. 982 3.The Cosmetology Division of the Florida School for the 983 Deaf and the Blind, provided the division meets the standards of 984 this chapter. 985 4.A government-operated cosmetology program in this state. 986 987 The department board shall establish by rule procedures whereby 988 the school or program may certify that a person is qualified to 989 take the required examination after the completion of a minimum 990 of 1,000 actual school hours. If the person then passes the 991 examination, he or she has satisfied this requirement; but if 992 the person fails the examination, he or she may not be qualified 993 to take the examination again until the completion of the full 994 requirements provided by this section. 995 (3)Upon an applicant receiving a passing grade, as 996 established by department board rule, on the examination and 997 paying the initial licensing fee, the department shall issue a 998 license to practice cosmetology. 999 (5)Renewal of license registration shall be accomplished 1000 pursuant to rules adopted by the department board. 1001 (6)The department board shall certify as qualified for 1002 licensure by endorsement as a cosmetologist in this state an 1003 applicant who holds a current active license to practice 1004 cosmetology in another state. 1005 (7)(a)The department board shall prescribe by rule 1006 continuing education requirements intended to ensure protection 1007 of the public through updated training of licensees and 1008 registered specialists, not to exceed 10 hours biennially, as a 1009 condition for renewal of a license or registration as a 1010 specialist under this chapter. Continuing education courses 1011 shall include, but not be limited to, the following subjects as 1012 they relate to the practice of cosmetology: human 1013 immunodeficiency virus and acquired immune deficiency syndrome; 1014 Occupational Safety and Health Administration regulations; 1015 workers compensation issues; state and federal laws and rules 1016 as they pertain to cosmetologists, cosmetology, salons, 1017 specialists, specialty salons, and booth renters; chemical 1018 makeup as it pertains to hair, skin, and nails; and 1019 environmental issues. Courses given at cosmetology conferences 1020 may be counted toward the number of continuing education hours 1021 required if approved by the department board. 1022 (b)The department board may, by rule, require any licensee 1023 in violation of a continuing education requirement to take a 1024 refresher course or refresher course and examination in addition 1025 to any other penalty. The number of hours for the refresher 1026 course may not exceed 48 hours. 1027 (8)An initial applicant must submit, along with the 1028 application, a complete set of fingerprints to the department. 1029 The fingerprints must be submitted to the Department of Law 1030 Enforcement for state processing, and the Department of Law 1031 Enforcement shall forward them to the Federal Bureau of 1032 Investigation for national processing for the purpose of 1033 determining whether the applicant has a criminal history record. 1034 The department must review the background results to determine 1035 whether an applicant meets licensure requirements. The cost for 1036 the fingerprint processing must be borne by the applicant. These 1037 fees are to be collected by the authorized agencies or vendors. 1038 The authorized agencies or vendors are responsible for paying 1039 the processing costs to the Department of Law Enforcement. 1040 Section 29.Paragraphs (b) and (c) of subsection (1) and 1041 subsections (4) and (5) of section 477.0201, Florida Statutes, 1042 are amended, and subsection (7) is added to that section, to 1043 read: 1044 477.0201Specialty registration; qualifications; 1045 registration renewal; endorsement. 1046 (1)Any person is qualified for registration as a 1047 specialist in any specialty practice within the practice of 1048 cosmetology under this chapter who: 1049 (b)Has received a certificate of completion for: 1050 1.One hundred and eighty hours of training, as established 1051 by the department board, which shall focus primarily on 1052 sanitation and safety, to practice specialties as defined in s. 1053 477.013(11)(a) and (b) s. 477.013(6)(a) and (b); 1054 2.Two hundred and twenty hours of training, as established 1055 by the department board, which shall focus primarily on 1056 sanitation and safety, to practice the specialty as defined in 1057 s. 477.013(11)(c) s. 477.013(6)(c); or 1058 3.Four hundred hours of training or the number of hours of 1059 training required to maintain minimum Pell Grant requirements, 1060 as established by the department board, which shall focus 1061 primarily on sanitation and safety, to practice the specialties 1062 as defined in s. 477.013(11)(a)-(c) s. 477.013(6)(a)-(c). 1063 (c)The certificate of completion specified in paragraph 1064 (b) must be from one of the following: 1065 1.A school licensed pursuant to s. 477.023. 1066 2.A school licensed pursuant to chapter 1005 or the 1067 equivalent licensing authority of another state. 1068 3.A specialty program within the public school system. 1069 4.A specialty division within the Cosmetology Division of 1070 the Florida School for the Deaf and the Blind, provided the 1071 training programs comply with minimum curriculum requirements 1072 established by the department board. 1073 (4)Renewal of registration shall be accomplished pursuant 1074 to rules adopted by the department board. 1075 (5)The department board shall adopt rules specifying 1076 procedures for the registration of specialty practitioners 1077 desiring to be registered in this state who have been registered 1078 or licensed and are practicing in states which have registering 1079 or licensing standards substantially similar to, equivalent to, 1080 or more stringent than the standards of this state. 1081 (7)An initial applicant must submit, along with the 1082 application, a complete set of fingerprints to the department. 1083 The fingerprints must be submitted to the Department of Law 1084 Enforcement for state processing, and the Department of Law 1085 Enforcement shall forward the fingerprints to the Federal Bureau 1086 of Investigation for national processing for the purpose of 1087 determining whether the applicant has a criminal history record. 1088 The department shall review the background results to determine 1089 whether an applicant meets licensure requirements. The cost for 1090 the fingerprint processing must be borne by the applicant. These 1091 fees are to be collected by the authorized agencies or vendors. 1092 The authorized agencies or vendors are responsible for paying 1093 the processing costs to the Department of Law Enforcement. 1094 Section 30.Chapter 481, Florida Statutes, consisting of 1095 ss. 481.201-481.329, Florida Statutes, and entitled 1096 Architecture, Interior Design, and Landscape Architecture, is 1097 renamed Architecture and Landscape Architecture. 1098 Section 31.Part I of chapter 481, Florida Statutes, 1099 consisting of ss. 481.201-481.231, Florida Statutes, and 1100 entitled Architecture and Interior Design, is renamed 1101 Architecture. 1102 Section 32.Subsections (3), (5), and (8) through (13) of 1103 section 481.203, Florida Statutes, are amended to read: 1104 481.203Definitions.As used in this part, the term: 1105 (3)Board means the Board of Architecture and Landscape 1106 Architecture Interior Design. 1107 (5)Certificate of registration means a license or 1108 registration issued by the department to a natural person to 1109 engage in the practice of architecture or interior design. 1110 (8)Diversified interior design experience means 1111 experience which substantially encompasses the various elements 1112 of interior design services set forth under the definition of 1113 interior design in subsection (10). 1114 (9)Interior decorator services includes the selection or 1115 assistance in selection of surface materials, window treatments, 1116 wallcoverings, paint, floor coverings, surface-mounted lighting, 1117 surface-mounted fixtures, and loose furnishings not subject to 1118 regulation under applicable building codes. 1119 (10)Interior design means designs, consultations, 1120 studies, drawings, specifications, and administration of design 1121 construction contracts relating to nonstructural interior 1122 elements of a building or structure. Interior design includes, 1123 but is not limited to, reflected ceiling plans, space planning, 1124 furnishings, and the fabrication of nonstructural elements 1125 within and surrounding interior spaces of buildings. Interior 1126 design specifically excludes the design of or the 1127 responsibility for architectural and engineering work, except 1128 for specification of fixtures and their location within interior 1129 spaces. As used in this subsection, architectural and 1130 engineering interior construction relating to the building 1131 systems includes, but is not limited to, construction of 1132 structural, mechanical, plumbing, heating, air-conditioning, 1133 ventilating, electrical, or vertical transportation systems, or 1134 construction which materially affects lifesafety systems 1135 pertaining to firesafety protection such as fire-rated 1136 separations between interior spaces, fire-rated vertical shafts 1137 in multistory structures, fire-rated protection of structural 1138 elements, smoke evacuation and compartmentalization, emergency 1139 ingress or egress systems, and emergency alarm systems. 1140 (11)Nonstructural element means an element which does 1141 not require structural bracing and which is something other than 1142 a load-bearing wall, load-bearing column, or other load-bearing 1143 element of a building or structure which is essential to the 1144 structural integrity of the building. 1145 (12)Reflected ceiling plan means a ceiling design plan 1146 which is laid out as if it were projected downward and which may 1147 include lighting and other elements. 1148 (13)Registered interior designer means a natural person 1149 who holds a valid certificate of registration to practice 1150 interior design. 1151 Section 33.Section 481.205, Florida Statutes, is amended 1152 to read: 1153 481.205Board of Architecture and Landscape Architecture 1154 Interior Design. 1155 (1)The Board of Architecture and Landscape Architecture 1156 Interior Design is created within the Department of Business and 1157 Professional Regulation. The board shall consist of 10 11 1158 members. Five members must be registered architects who have 1159 been engaged in the practice of architecture for at least 5 1160 years; three members must be registered landscape architects 1161 interior designers who have been offering interior design 1162 services for at least 5 years and who are not also registered 1163 architects; and two three members must be laypersons who are 1164 not, and have never been, architects, landscape architects 1165 interior designers, or members of any closely related profession 1166 or occupation. At least one member of the board must be 60 years 1167 of age or older. 1168 (2)Members shall be appointed for 4-year staggered terms. 1169 (3)(a)Notwithstanding the provisions of ss. 455.225, 1170 455.228, and 455.32, the duties and authority of the department 1171 to receive complaints and investigate and discipline persons 1172 licensed or registered under this chapter part, including the 1173 ability to determine legal sufficiency and probable cause; to 1174 initiate proceedings and issue final orders for summary 1175 suspension or restriction of a license or certificate of 1176 registration pursuant to s. 120.60(6); to issue notices of 1177 noncompliance, notices to cease and desist, subpoenas, and 1178 citations; to retain legal counsel, investigators, or 1179 prosecutorial staff in connection with the licensed practice of 1180 architecture or landscape architecture registered interior 1181 design; and to investigate and deter the unlicensed practice of 1182 architecture as provided in s. 455.228 are delegated to the 1183 board. All complaints and any information obtained pursuant to 1184 an investigation authorized by the board are confidential and 1185 exempt from s. 119.07(1) as provided in s. 455.225(2) and (10). 1186 (b)The board shall contract with a corporation or other 1187 business entity pursuant to s. 287.057 to provide investigative, 1188 legal, prosecutorial, and other services necessary to perform 1189 its duties. 1190 (c)The corporation or business entity shall comply with 1191 all the recordkeeping and reporting requirements of s. 455.32 1192 applicable to the scope of the contract and shall report 1193 directly to the board in lieu of the department. Records of the 1194 corporation or other business entity contracting with the board 1195 shall be considered public records as specified in s. 1196 455.32(15). 1197 (d)Notwithstanding the provisions of s. 455.228, the board 1198 may use funds in the unlicensed activity account established 1199 under s. 455.2281 to perform its duties relating to unlicensed 1200 activity under this subsection. 1201 (e)The board shall submit an annual budget request to the 1202 department by October 1 of each year for the purpose of funding 1203 its activities under this subsection. The department, on behalf 1204 of the board, shall submit the budget request unchanged to the 1205 Executive Office of the Governor and the Legislature pursuant to 1206 s. 216.023. 1207 (f)The board shall issue an annual report on the 1208 activities under this subsection by October 1 of each year. The 1209 annual report shall be submitted to the Executive Office of the 1210 Governor, the President of the Senate, the Speaker of the House 1211 of Representatives, and the chairs of the legislative 1212 appropriations committees. The report must shall describe all of 1213 the activities performed under this subsection for the previous 1214 fiscal year and shall include, but need not be limited to, the 1215 following: 1216 1.The number of complaints received. 1217 2.The number of complaints determined to be legally 1218 sufficient. 1219 3.The number of complaints determined to be legally 1220 insufficient. 1221 4.The number of complaints dismissed. 1222 5.The number of complaints filed in circuit court. 1223 6.The number of complaints determined to have probable 1224 cause. 1225 7.The number of administrative complaints issued and the 1226 status of the complaints. 1227 8.The number and nature of disciplinary actions taken by 1228 the board. 1229 9.The number and the amount of fines and penalties 1230 imposed. 1231 10.The number and the amount of fines and penalties 1232 collected. 1233 11.Total revenues received and all expenses incurred by 1234 the contractor during the previous fiscal year. 1235 12.Total completed investigations. 1236 13.Total pending investigations. 1237 14.A summary of any audits performed, including financial 1238 reports and performance audits of the contractor. 1239 (4)The board may establish minimum procedures, 1240 documentation, and other requirements for indicating evidence of 1241 the exercise of responsible supervising control by a person 1242 licensed under this part in connection with work performed both 1243 inside and outside the licensees office. 1244 Section 34.Section 481.207, Florida Statutes, is amended 1245 to read: 1246 481.207Fees.The board, by rule, may establish fees for 1247 architects and registered interior designers, to be paid for 1248 applications, examination, reexamination, licensing and renewal, 1249 delinquency, reinstatement, and recordmaking and recordkeeping. 1250 The examination fee must shall be in an amount that covers the 1251 cost of obtaining and administering the examination and must 1252 shall be refunded if the applicant is found ineligible to sit 1253 for the examination. The application fee is nonrefundable. The 1254 fee for initial application and examination for architects may 1255 not exceed $775 plus the actual per applicant cost to the 1256 department for purchase of the examination from the National 1257 Council of Architectural Registration Boards or similar national 1258 organizations. The initial nonrefundable fee for registered 1259 interior designers may not exceed $75. The biennial renewal fee 1260 for architects may not exceed $200. The biennial renewal fee for 1261 registered interior designers may not exceed $75. The 1262 delinquency fee may not exceed the biennial renewal fee 1263 established by the board for an active license. The board shall 1264 establish fees that are adequate to ensure the continued 1265 operation of the board and to fund the proportionate expenses 1266 incurred by the department which are allocated to the regulation 1267 of architects and registered interior designers. Fees shall be 1268 based on department estimates of the revenue required to 1269 implement this part and the provisions of law with respect to 1270 the regulation of architects and interior designers. 1271 Section 35.Section 481.209, Florida Statutes, is amended 1272 to read: 1273 481.209Examinations. 1274 (1)A person desiring to be licensed as a registered 1275 architect by initial examination shall apply to the department, 1276 complete the application form, and remit a nonrefundable 1277 application fee. The department shall license any applicant who 1278 the board certifies has passed the licensure examination 1279 prescribed by board rule and is a graduate of a school or 1280 college of architecture with a program accredited by the 1281 National Architectural Accreditation Board. 1282 (2)A person seeking to obtain a certificate of 1283 registration as a registered interior designer and a seal 1284 pursuant to s. 481.221 must provide the department with his or 1285 her name and address and written proof that he or she has 1286 successfully passed the qualification examination prescribed by 1287 the Council for Interior Design Qualification or its successor 1288 entity or has successfully passed an equivalent exam as 1289 determined by the department. Any person who is licensed as an 1290 interior designer by the department and who was in good standing 1291 as of July 1, 2020, is eligible to obtain a certificate of 1292 registration as a registered interior designer. 1293 Section 36.Subsections (1) through (4) and (8) of section 1294 481.213, Florida Statutes, are amended, and subsection (7) of 1295 that section is reenacted, to read: 1296 481.213Licensure and registration. 1297 (1)The department shall license or register any applicant 1298 who the board certifies is qualified for licensure or 1299 registration and who has paid the initial licensure or 1300 registration fee. Licensure as an architect under this section 1301 shall be deemed to include all the rights and privileges of 1302 registration as an interior designer under this section. 1303 (2)The board shall certify for licensure or registration 1304 by examination any applicant who passes the prescribed licensure 1305 or registration examination and satisfies the requirements of 1306 ss. 481.209 and 481.211, for architects, or the requirements of 1307 s. 481.209, for interior designers. 1308 (3)The board shall certify as qualified for a license by 1309 endorsement as an architect or registration as a registered 1310 interior designer an applicant who: 1311 (a)Qualifies to take the prescribed licensure or 1312 registration examination, and has passed the prescribed 1313 licensure or registration examination or a substantially 1314 equivalent examination in another jurisdiction, as set forth in 1315 s. 481.209 for architects or registered interior designers, as 1316 applicable, and has satisfied the internship requirements set 1317 forth in s. 481.211 for architects; 1318 (b)Holds a valid license to practice architecture or a 1319 license, registration, or certification to practice interior 1320 design issued by another jurisdiction of the United States, if 1321 the criteria for issuance of such license were substantially 1322 equivalent to the licensure criteria that existed in this state 1323 at the time the license was issued; or 1324 (c)Has passed the prescribed licensure examination and 1325 Holds a valid certificate issued by the National Council of 1326 Architectural Registration Boards, and holds a valid license to 1327 practice architecture issued by another state, another or 1328 jurisdiction of the United States, or a foreign jurisdiction 1329 approved by the board. 1330 1331 An architect who is licensed in another state, another 1332 jurisdiction of the United States, or a foreign jurisdiction 1333 approved by the board who seeks qualification for licensure 1334 license by endorsement under this subsection must complete a 2 1335 hour class approved by the board on wind mitigation techniques. 1336 (4)The board may refuse to certify any applicant who has 1337 violated any of the provisions of s. 481.223 or s. 481.225 s. 1338 481.223, s. 481.225, or s. 481.2251, as applicable. 1339 (7)For persons whose licensure requires satisfaction of 1340 the requirements of ss. 481.209 and 481.211, the board shall, by 1341 rule, establish qualifications for certification of such persons 1342 as special inspectors of threshold buildings, as defined in ss. 1343 553.71 and 553.79, and shall compile a list of persons who are 1344 certified. A special inspector is not required to meet standards 1345 for certification other than those established by the board, and 1346 the fee owner of a threshold building may not be prohibited from 1347 selecting any person certified by the board to be a special 1348 inspector. The board shall develop minimum qualifications for 1349 the qualified representative of the special inspector who is 1350 authorized under s. 553.79 to perform inspections of threshold 1351 buildings on behalf of the special inspector. 1352 (8)A certificate of registration is not required for a 1353 person whose occupation or practice is confined to interior 1354 decorator services or for a person whose occupation or practice 1355 is confined to interior design as provided in this part. 1356 Section 37.Subsection (3) of section 481.215, Florida 1357 Statutes, is amended to read: 1358 481.215Renewal of license or certificate of registration. 1359 (3)A license or certificate of registration renewal may 1360 not be issued to an architect or a registered interior designer 1361 by the department until the licensee or registrant submits proof 1362 satisfactory to the department that, during the 2 years before 1363 application for renewal, the licensee or registrant participated 1364 per biennium in not less than 20 hours of at least 50 minutes 1365 each per biennium of continuing education approved by the board. 1366 The board shall approve only continuing education that builds 1367 upon the basic knowledge of architecture or interior design. The 1368 board may make exception from the requirements of continuing 1369 education in emergency or hardship cases. 1370 Section 38.Subsection (1) of section 481.217, Florida 1371 Statutes, is amended to read: 1372 481.217Inactive status. 1373 (1)The board may prescribe by rule continuing education 1374 requirements as a condition of reactivating a license. The rules 1375 may not require more than one renewal cycle of continuing 1376 education to reactivate a license or registration for a 1377 registered architect or registered interior designer. 1378 Section 39.Subsections (7) and (8) of section 481.219, 1379 Florida Statutes, are amended to read: 1380 481.219Qualification of business organizations. 1381 (7)A business organization is not relieved of 1382 responsibility for the conduct or acts of its agents, employees, 1383 or officers by reason of its compliance with this section. 1384 However, except as provided in s. 558.0035, the architect who 1385 signs and seals the construction documents and instruments of 1386 service is liable for the professional services performed, and 1387 the interior designer who signs and seals the interior design 1388 drawings, plans, or specifications shall be liable for the 1389 professional services performed. 1390 (8)This section may not be construed to mean that a 1391 certificate of registration to practice architecture must be 1392 held by a business organization. This section does not prohibit 1393 a business organization from offering architectural, 1394 engineering, interior design, surveying and mapping, and 1395 landscape architectural services, or any combination of such 1396 services, to the public if the business organization otherwise 1397 meets the requirements of law. 1398 Section 40.Subsections (3), (5), (7), (9), (11), and (12) 1399 of section 481.221, Florida Statutes, are amended to read: 1400 481.221Seals; display of certificate number. 1401 (3)The board shall adopt a rule prescribing the distinctly 1402 different seals to be used by registered interior designers 1403 holding valid certificates of registration. Each registered 1404 interior designer shall obtain a seal as prescribed by the 1405 board, and all drawings, plans, specifications, or reports 1406 prepared or issued by the registered interior designer and being 1407 filed for public record shall bear the signature and seal of the 1408 registered interior designer who prepared or approved the 1409 document and the date on which they were sealed. The signature, 1410 date, and seal shall be evidence of the authenticity of that to 1411 which they are affixed. Final plans, specifications, or reports 1412 prepared or issued by a registered interior designer may be 1413 transmitted electronically and may be signed by the registered 1414 interior designer, dated, and sealed electronically with the 1415 seal in accordance with ss. 668.001-668.006. 1416 (5)No registered interior designer shall affix, or permit 1417 to be affixed, her or his seal or signature to any plan, 1418 specification, drawing, or other document which depicts work 1419 which she or he is not competent or registered to perform. 1420 (7)No registered interior designer shall affix her or his 1421 signature or seal to any plans, specifications, or other 1422 documents which were not prepared by her or him or under her or 1423 his responsible supervising control or by another registered 1424 interior designer and reviewed, approved, or modified and 1425 adopted by her or him as her or his own work according to rules 1426 adopted by the board. 1427 (9)Studies, drawings, specifications, and other related 1428 documents prepared by a registered interior designer in 1429 providing interior design services shall be of a sufficiently 1430 high standard to clearly and accurately indicate all essential 1431 parts of the work to which they refer. 1432 (7)(11)When the certificate of registration of a 1433 registered architect or interior designer has been revoked or 1434 suspended by the board, the registered architect or interior 1435 designer shall surrender her or his seal to the secretary of the 1436 board within a period of 30 days after the revocation or 1437 suspension has become effective. If the certificate of the 1438 registered architect or interior designer has been suspended for 1439 a period of time, her or his seal shall be returned to her or 1440 him upon expiration of the suspension period. 1441 (8)(12)A person may not sign and seal by any means any 1442 final plan, specification, or report after her or his 1443 certificate of registration has expired or is suspended or 1444 revoked. A registered architect or interior designer whose 1445 certificate of registration is suspended or revoked shall, 1446 within 30 days after the effective date of the suspension or 1447 revocation, surrender her or his seal to the executive director 1448 of the board and confirm in writing to the executive director 1449 the cancellation of the registered architects or interior 1450 designers electronic signature in accordance with ss. 668.001 1451 668.006. When a registered architects or interior designers 1452 certificate of registration is suspended for a period of time, 1453 her or his seal shall be returned upon expiration of the period 1454 of suspension. 1455 Section 41.Section 481.222, Florida Statutes, is amended 1456 to read: 1457 481.222Architects performing building code inspection 1458 services.Notwithstanding any other provision of law, a person 1459 who is currently licensed to practice as an architect under this 1460 part may provide building code inspection services described in 1461 s. 468.603(5) and (8) to a local government or state agency upon 1462 its request, without being certified by the Florida Building 1463 Code Administrators and Inspectors Board under part XII of 1464 chapter 468. With respect to the performance of such building 1465 code inspection services, the architect is subject to the 1466 disciplinary guidelines of this part and s. 468.621(1)(c)-(h). 1467 Any complaint processing, investigation, and discipline that 1468 arise out of an architects performance of building code 1469 inspection services shall be conducted by the Board of 1470 Architecture and Landscape Architecture Interior Design rather 1471 than the Florida Building Code Administrators and Inspectors 1472 Board. An architect may not perform plans review as an employee 1473 of a local government upon any job that the architect or the 1474 architects company designed. 1475 Section 42.Paragraphs (b) and (e) of subsection (1) of 1476 section 481.223, Florida Statutes, are amended to read: 1477 481.223Prohibitions; penalties; injunctive relief. 1478 (1)A person may not knowingly: 1479 (b)Use the name or title architect, or registered 1480 architect, or registered interior designer when the person is 1481 not then the holder of a valid license or certificate of 1482 registration issued pursuant to this part. This paragraph does 1483 not restrict the use of the name or title interior designer or 1484 interior design firm. 1485 (e)Use or attempt to use an architect license or interior 1486 design certificate of registration that has been suspended, 1487 revoked, or placed on inactive or delinquent status. 1488 Section 43.Subsections (5), (6), and (7) of section 1489 481.229, Florida Statutes, are amended to read: 1490 481.229Exceptions; exemptions from licensure. 1491 (5)(a)Nothing contained in this part shall prevent a 1492 registered architect or a partnership, limited liability 1493 company, or corporation holding a valid certificate of 1494 authorization to provide architectural services from performing 1495 any interior design service or from using the title interior 1496 designer or registered interior designer. 1497 (b)Notwithstanding any other provision of this part, all 1498 persons licensed as architects under this part shall be 1499 qualified for interior design registration upon submission of a 1500 completed application for such license and a fee not to exceed 1501 $30. Such persons shall be exempt from the requirements of s. 1502 481.209(2). For architects licensed as interior designers, 1503 satisfaction of the requirements for renewal of licensure as an 1504 architect under s. 481.215 shall be deemed to satisfy the 1505 requirements for renewal of registration as an interior designer 1506 under that section. Complaint processing, investigation, or 1507 other discipline-related legal costs related to persons licensed 1508 as interior designers under this paragraph shall be assessed 1509 against the architects account of the Regulatory Trust Fund. 1510 (c)Notwithstanding any other provision of this part, any 1511 corporation, partnership, or person operating under a fictitious 1512 name which holds a certificate of authorization to provide 1513 architectural services shall be qualified, without fee, for a 1514 certificate of authorization to provide interior design services 1515 upon submission of a completed application therefor. For 1516 corporations, partnerships, and persons operating under a 1517 fictitious name which hold a certificate of authorization to 1518 provide interior design services, satisfaction of the 1519 requirements for renewal of the certificate of authorization to 1520 provide architectural services under s. 481.219 shall be deemed 1521 to satisfy the requirements for renewal of the certificate of 1522 authorization to provide interior design services under that 1523 section. 1524 (6)This part shall not apply to: 1525 (a)A person who performs interior design services or 1526 interior decorator services for any residential application. For 1527 purposes of this paragraph, residential applications includes 1528 all types of residences, including, but not limited to, 1529 residence buildings, single-family homes, multifamily homes, 1530 townhouses, apartments, condominiums, and domestic outbuildings 1531 appurtenant to one-family or two-family residences. 1532 (b)An employee of a retail establishment providing 1533 interior decorator services on the premises of the retail 1534 establishment or in the furtherance of a retail sale or 1535 prospective retail sale, provided that such employee does not 1536 advertise as, or represent himself or herself as, a registered 1537 interior designer. 1538 (7)Nothing in this part shall be construed as authorizing 1539 or permitting an interior designer to engage in the business of, 1540 or to act as, a contractor within the meaning of chapter 489, 1541 unless registered or certified as a contractor pursuant to 1542 chapter 489. 1543 Section 44.Subsection (1) of section 481.231, Florida 1544 Statutes, is amended, and subsection (2) of that section is 1545 reenacted, to read: 1546 481.231Effect of part locally. 1547 (1)This part does not repeal, amend, limit, or otherwise 1548 affect any specific provision of any local building code or 1549 zoning law or ordinance that has been duly adopted, now or 1550 hereafter enacted, which is more restrictive, with respect to 1551 the services of registered architects or registered interior 1552 designers, than this part; provided, however, that a licensed 1553 architect shall be deemed registered as an interior designer for 1554 purposes of offering or rendering interior design services to a 1555 county, municipality, or other local government or political 1556 subdivision. 1557 (2)Counties or municipalities which issue building permits 1558 shall not issue permits if it is apparent from the application 1559 for the building permit that the provisions of this part have 1560 been violated; provided, however, that this subsection shall not 1561 authorize the withholding of building permits in cases involving 1562 the exceptions and exemptions set out in s. 481.229. 1563 Section 45.Subsection (1) of section 481.303, Florida 1564 Statutes, is amended to read: 1565 481.303Definitions.As used in this chapter, the term: 1566 (1)Board means the Board of Architecture and Landscape 1567 Architecture, as described in s. 481.203(3). 1568 Section 46.Subsection (5) of section 489.107, Florida 1569 Statutes, is amended to read: 1570 489.107Construction Industry Licensing Board. 1571 (5)Fifty-one percent or more of the appointed Five members 1572 of Division I constitute a quorum, and 51 percent or more of the 1573 appointed five members of Division II constitute a quorum. The 1574 combined divisions shall meet together at such times as the 1575 board deems necessary, but neither division, nor any committee 1576 thereof, may shall take action on any matter under the 1577 jurisdiction of the other division. However, if either division 1578 is unable to obtain a quorum for the purpose of conducting 1579 disciplinary proceedings, it may request members of the other 1580 division, who are otherwise qualified to serve on the division 1581 unable to obtain a quorum, to join in its deliberations. Such 1582 additional members shall vote and count toward a quorum only 1583 during those disciplinary proceedings. 1584 Section 47.Subsection (4) of section 489.111, Florida 1585 Statutes, is amended to read: 1586 489.111Licensure by examination. 1587 (4)The department shall ensure that a sensitivity review 1588 committee has been established including representatives of 1589 various ethnic/minority groups. No question found by this 1590 committee to be discriminatory against any ethnic/minority group 1591 shall be included in the examination. 1592 Section 48.Paragraph (l) of subsection (8), paragraphs (a) 1593 and (d) of subsection (9), and subsection (15) of section 1594 499.012, Florida Statutes, are amended, and paragraph (a) of 1595 subsection (5) and paragraph (a) of subsection (12) of that 1596 section are reenacted, to read: 1597 499.012Permit application requirements. 1598 (5)(a)The department shall adopt rules for the biennial 1599 renewal of permits; however, the department may issue up to a 4 1600 year permit to selected permittees notwithstanding any other 1601 provision of law. Fees for such renewal may not exceed the fee 1602 caps set forth in s. 499.041 on an annualized basis as 1603 authorized by law. 1604 (8)An application for a permit or to renew a permit for a 1605 prescription drug wholesale distributor or an out-of-state 1606 prescription drug wholesale distributor submitted to the 1607 department must include: 1608 (l)The name of each of the applicants designated 1609 representatives as required by subsection (15), together with 1610 The personal information statement and fingerprints required 1611 pursuant to subsection (9) for each such person. 1612 (9)(a)Each person required by subsection (8) or subsection 1613 (15) to provide a personal information statement and 1614 fingerprints shall provide the following information to the 1615 department on forms prescribed by the department: 1616 1.The persons places of residence for the past 7 years. 1617 2.The persons date and place of birth. 1618 3.The persons occupations, positions of employment, and 1619 offices held during the past 7 years. 1620 4.The principal business and address of any business, 1621 corporation, or other organization in which each such office of 1622 the person was held or in which each such occupation or position 1623 of employment was carried on. 1624 5.Whether the person has been, during the past 7 years, 1625 the subject of any proceeding for the revocation of any license 1626 and, if so, the nature of the proceeding and the disposition of 1627 the proceeding. 1628 6.Whether, during the past 7 years, the person has been 1629 enjoined, temporarily or permanently, by a court of competent 1630 jurisdiction from violating any federal or state law regulating 1631 the possession, control, or distribution of prescription drugs, 1632 together with details concerning any such event. 1633 7.A description of any involvement by the person with any 1634 business, including any investments, other than the ownership of 1635 stock in a publicly traded company or mutual fund, during the 1636 past 4 years, which manufactured, administered, prescribed, 1637 distributed, or stored pharmaceutical products and any lawsuits 1638 in which such businesses were named as a party. 1639 8.A description of any felony criminal offense of which 1640 the person, as an adult, was found guilty, regardless of whether 1641 adjudication of guilt was withheld or whether the person pled 1642 guilty or nolo contendere. A criminal offense committed in 1643 another jurisdiction which would have been a felony in this 1644 state must be reported. If the person indicates that a criminal 1645 conviction is under appeal and submits a copy of the notice of 1646 appeal of that criminal offense, the applicant must, within 15 1647 days after the disposition of the appeal, submit to the 1648 department a copy of the final written order of disposition. 1649 9.A photograph of the person taken in the previous 180 1650 days. 1651 10.A set of fingerprints for the person on a form and 1652 under procedures specified by the department, together with 1653 payment of an amount equal to the costs incurred by the 1654 department for the criminal record check of the person. 1655 11.The name, address, occupation, and date and place of 1656 birth for each member of the persons immediate family who is 18 1657 years of age or older. As used in this subparagraph, the term 1658 member of the persons immediate family includes the persons 1659 spouse, children, parents, siblings, the spouses of the persons 1660 children, and the spouses of the persons siblings. 1661 12.Any other relevant information that the department 1662 requires. 1663 (d)For purposes of applying for renewal of a permit under 1664 subsection (8) or certification under subsection (15), a person 1665 may submit the following in lieu of satisfying the requirements 1666 of paragraphs (a), (b), and (c): 1667 1.A photograph of the individual taken within 180 days; 1668 and 1669 2.A copy of the personal information statement form most 1670 recently submitted to the department and a certification under 1671 oath, on a form specified by the department, that the individual 1672 has reviewed the previously submitted personal information 1673 statement form and that the information contained therein 1674 remains unchanged. 1675 (12)A person that engages in wholesale distribution of 1676 prescription drugs in this state must have a wholesale 1677 distributors permit issued by the department, except as noted 1678 in this section. Each establishment must be separately permitted 1679 except as noted in this subsection. 1680 (a)A separate establishment permit is not required when a 1681 permitted prescription drug wholesale distributor consigns a 1682 prescription drug to a pharmacy that is permitted under chapter 1683 465 and located in this state, provided that: 1684 1.The consignor wholesale distributor notifies the 1685 department in writing of the contract to consign prescription 1686 drugs to a pharmacy along with the identity and location of each 1687 consignee pharmacy; 1688 2.The pharmacy maintains its permit under chapter 465; 1689 3.The consignor wholesale distributor, which has no legal 1690 authority to dispense prescription drugs, complies with all 1691 wholesale distribution requirements of s. 499.0121 with respect 1692 to the consigned drugs and maintains records documenting the 1693 transfer of title or other completion of the wholesale 1694 distribution of the consigned prescription drugs; 1695 4.The distribution of the prescription drug is otherwise 1696 lawful under this chapter and other applicable law; 1697 5.Open packages containing prescription drugs within a 1698 pharmacy are the responsibility of the pharmacy, regardless of 1699 how the drugs are titled; and 1700 6.The pharmacy dispenses the consigned prescription drug 1701 in accordance with the limitations of its permit under chapter 1702 465 or returns the consigned prescription drug to the consignor 1703 wholesale distributor. In addition, a person who holds title to 1704 prescription drugs may transfer the drugs to a person permitted 1705 or licensed to handle the reverse distribution or destruction of 1706 drugs. Any other distribution by and means of the consigned 1707 prescription drug by any person, not limited to the consignor 1708 wholesale distributor or consignee pharmacy, to any other person 1709 is prohibited. 1710 (15)(a)Each establishment that is issued an initial or 1711 renewal permit as a prescription drug wholesale distributor or 1712 an out-of-state prescription drug wholesale distributor must 1713 designate in writing to the department at least one natural 1714 person to serve as the designated representative of the 1715 wholesale distributor. Such person must have an active 1716 certification as a designated representative from the 1717 department. 1718 (b)To be certified as a designated representative, a 1719 natural person must: 1720 1.Submit an application on a form furnished by the 1721 department and pay the appropriate fees. 1722 2.Be at least 18 years of age. 1723 3.Have at least 2 years of verifiable full-time: 1724 a.Work experience in a pharmacy licensed in this state or 1725 another state, where the persons responsibilities included, but 1726 were not limited to, recordkeeping for prescription drugs; 1727 b.Managerial experience with a prescription drug wholesale 1728 distributor licensed in this state or in another state; 1729 c.Managerial experience with the United States Armed 1730 Forces, where the persons responsibilities included, but were 1731 not limited to, recordkeeping, warehousing, distributing, or 1732 other logistics services pertaining to prescription drugs; 1733 d.Managerial experience with a state or federal 1734 organization responsible for regulating or permitting 1735 establishments involved in the distribution of prescription 1736 drugs, whether in an administrative or a sworn law enforcement 1737 capacity; or 1738 e.Work experience as a drug inspector or investigator with 1739 a state or federal organization, whether in an administrative or 1740 a sworn law enforcement capacity, where the persons 1741 responsibilities related primarily to compliance with state or 1742 federal requirements pertaining to the distribution of 1743 prescription drugs. 1744 4.Receive a passing score of at least 75 percent on an 1745 examination given by the department regarding federal laws 1746 governing distribution of prescription drugs and this part and 1747 the rules adopted by the department governing the wholesale 1748 distribution of prescription drugs. This requirement shall be 1749 effective 1 year after the results of the initial examination 1750 are mailed to the persons that took the examination. The 1751 department shall offer such examinations at least four times 1752 each calendar year. 1753 5.Provide the department with a personal information 1754 statement and fingerprints pursuant to subsection (9). 1755 (c)The department may deny an application for 1756 certification as a designated representative or may suspend or 1757 revoke a certification of a designated representative pursuant 1758 to s. 499.067. 1759 (d)A designated representative: 1760 1.Must be actively involved in and aware of the actual 1761 daily operation of the wholesale distributor. 1762 2.Must be employed full time in a managerial position by 1763 the wholesale distributor. 1764 3.Must be physically present at the establishment during 1765 normal business hours, except for time periods when absent due 1766 to illness, family illness or death, scheduled vacation, or 1767 other authorized absence. 1768 4.May serve as a designated representative for only one 1769 wholesale distributor at any one time. 1770 (e)A wholesale distributor must notify the department when 1771 a designated representative leaves the employ of the wholesale 1772 distributor. Such notice must be provided to the department 1773 within 10 business days after the last day of designated 1774 representatives employment with the wholesale distributor. 1775 (f)A wholesale distributor may not operate under a 1776 prescription drug wholesale distributor permit or an out-of 1777 state prescription drug wholesale distributor permit for more 1778 than 10 business days after the designated representative leaves 1779 the employ of the wholesale distributor, unless the wholesale 1780 distributor employs another designated representative and 1781 notifies the department within 10 business days of the identity 1782 of the new designated representative. 1783 Section 49.Subsection (9) of section 499.0121, Florida 1784 Statutes, is amended to read: 1785 499.0121Storage and handling of prescription drugs; 1786 recordkeeping.The department shall adopt rules to implement 1787 this section as necessary to protect the public health, safety, 1788 and welfare. Such rules shall include, but not be limited to, 1789 requirements for the storage and handling of prescription drugs 1790 and for the establishment and maintenance of prescription drug 1791 distribution records. 1792 (9)RESPONSIBLE PERSONS.Wholesale distributors must 1793 establish and maintain lists of officers, directors, managers, 1794 designated representatives, and other persons in charge of 1795 wholesale drug distribution, storage, and handling, including a 1796 description of their duties and a summary of their 1797 qualifications. 1798 Section 50.Subsection (9) of section 499.041, Florida 1799 Statutes, is amended to read: 1800 499.041Schedule of fees for drug, device, and cosmetic 1801 applications and permits, product registrations, and free-sale 1802 certificates. 1803 (9)The department shall assess each person applying for 1804 certification as a designated representative a fee of $150, plus 1805 the cost of processing the criminal history record check. 1806 Section 51.Section 509.098, Florida Statutes, is amended 1807 to read: 1808 509.098Rental for less than a one-night stay Prohibition 1809 of hourly rates. 1810 (1)An operator of a public lodging establishment may not: 1811 offer an hourly rate for an accommodation. 1812 (a)Offer or charge an hourly rate for a room intended for 1813 temporary lodging or sleeping purposes. 1814 (b)Offer or rent a room intended for temporary lodging or 1815 sleeping purposes on an hourly basis or for less than a one 1816 night stay. 1817 (c)Offer or provide a discount, rebate, or refund for 1818 early checkout for a room intended for temporary lodging or 1819 sleeping purposes. 1820 (2)Paragraph (1)(a) This section does not apply to an 1821 hourly rate charged by an operator of a public lodging 1822 establishment as a late checkout fee. 1823 Section 52.Subsection (1) of section 509.261, Florida 1824 Statutes, is amended to read: 1825 509.261Revocation or suspension of licenses; fines; 1826 procedure. 1827 (1)Any public lodging establishment or public food service 1828 establishment that has operated or is operating in violation of 1829 this chapter or the rules of the division, operating in 1830 violation of s. 581.217(7), relating to the retail sale of 1831 products containing hemp extract intended for human ingestion or 1832 inhalation, operating without a license, or operating with a 1833 suspended or revoked license may be subject by the division to: 1834 (a)Fines not to exceed $1,000 per offense; 1835 (b)Mandatory completion, at personal expense, of a 1836 remedial educational program administered by a food safety 1837 training program provider approved by the division, as provided 1838 in s. 509.049; and 1839 (c)The suspension, revocation, or refusal of a license 1840 issued pursuant to this chapter. 1841 Section 53.Section 553.73, Florida Statutes, is amended to 1842 read: 1843 553.73Florida Building Code. 1844 (1)(a)The commission shall adopt, by rule pursuant to ss. 1845 120.536(1) and 120.54, the Florida Building Code which shall 1846 contain or incorporate by reference all laws and rules which 1847 pertain to and govern the design, construction, erection, 1848 alteration, modification, repair, and demolition of public and 1849 private buildings, structures, and facilities and enforcement of 1850 such laws and rules, except as otherwise provided in this 1851 section. 1852 (b)The technical portions of the Florida Accessibility 1853 Code for Building Construction shall be contained in their 1854 entirety in the Florida Building Code. The civil rights portions 1855 and the technical portions of the accessibility laws of this 1856 state shall remain as currently provided by law. Any revision or 1857 amendments to the Florida Accessibility Code for Building 1858 Construction pursuant to part II shall be considered adopted by 1859 the commission as part of the Florida Building Code. Neither the 1860 commission nor any local government shall revise or amend any 1861 standard of the Florida Accessibility Code for Building 1862 Construction except as provided for in part II. 1863 (c)The Florida Fire Prevention Code and the Life Safety 1864 Code shall be referenced in the Florida Building Code, but shall 1865 be adopted, modified, revised, or amended, interpreted, and 1866 maintained by the Department of Financial Services by rule 1867 adopted pursuant to ss. 120.536(1) and 120.54. The Florida 1868 Building Commission may not adopt a fire prevention or 1869 lifesafety code, and nothing in the Florida Building Code shall 1870 affect the statutory powers, duties, and responsibilities of any 1871 fire official or the Department of Financial Services. 1872 (d)Conflicting requirements between the Florida Building 1873 Code and the Florida Fire Prevention Code and Life Safety Code 1874 of the state established pursuant to ss. 633.206 and 633.208 1875 shall be resolved by agreement between the commission and the 1876 State Fire Marshal in favor of the requirement that offers the 1877 greatest degree of lifesafety or alternatives that would provide 1878 an equivalent degree of lifesafety and an equivalent method of 1879 construction. If the commission and State Fire Marshal are 1880 unable to agree on a resolution, the question shall be referred 1881 to a mediator, mutually agreeable to both parties, to resolve 1882 the conflict in favor of the provision that offers the greatest 1883 lifesafety, or alternatives that would provide an equivalent 1884 degree of lifesafety and an equivalent method of construction. 1885 (e)Subject to the provisions of this act, responsibility 1886 for enforcement, interpretation, and regulation of the Florida 1887 Building Code are shall be vested in a specified local board or 1888 agency, and the words local government and local governing 1889 body as used in this part shall be construed to refer 1890 exclusively to such local board or agency. 1891 (2)The Florida Building Code shall contain provisions or 1892 requirements for public and private buildings, structures, and 1893 facilities relative to structural, mechanical, electrical, 1894 plumbing, energy, and gas systems, existing buildings, 1895 historical buildings, manufactured buildings, elevators, coastal 1896 construction, lodging facilities, food sales and food service 1897 facilities, health care facilities, including assisted living 1898 facilities, adult day care facilities, hospice residential and 1899 inpatient facilities and units, and facilities for the control 1900 of radiation hazards, public or private educational facilities, 1901 swimming pools, and correctional facilities and enforcement of 1902 and compliance with such provisions or requirements. Further, 1903 the Florida Building Code must provide for uniform 1904 implementation of ss. 515.25, 515.27, and 515.29 by including 1905 standards and criteria for residential swimming pool barriers, 1906 pool covers, latching devices, door and window exit alarms, and 1907 other equipment required therein, which are consistent with the 1908 intent of s. 515.23. Technical provisions to be contained within 1909 the Florida Building Code are restricted to requirements related 1910 to the types of materials used and construction methods and 1911 standards employed in order to meet criteria specified in the 1912 Florida Building Code. Provisions relating to the personnel, 1913 supervision or training of personnel, or any other professional 1914 qualification requirements relating to contractors or their 1915 workforce may not be included within the Florida Building Code, 1916 and subsections (4)-(10) (4), (6), (7), (8), and (9) are not to 1917 be construed to allow the inclusion of such provisions within 1918 the Florida Building Code by amendment. This restriction applies 1919 to both initial development and amendment of the Florida 1920 Building Code. 1921 (3)The commission shall use the International Codes 1922 published by the International Code Council, the National 1923 Electric Code (NFPA 70), or other nationally adopted model codes 1924 and standards for updates to the Florida Building Code. The 1925 commission may approve technical amendments to the code as 1926 provided in subsections (9) and (10) (8) and (9), subject to all 1927 of the following conditions: 1928 (a)The proposed amendment must have been published on the 1929 commissions website for a minimum of 45 days and all the 1930 associated documentation must have been made available to any 1931 interested party before consideration by a technical advisory 1932 committee. 1933 (b)In order for a technical advisory committee to make a 1934 favorable recommendation to the commission, the proposal must 1935 receive a two-thirds vote of the members present at the meeting. 1936 At least half of the regular members must be present in order to 1937 conduct a meeting. 1938 (c)After the technical advisory committee has considered 1939 and recommended approval of any proposed amendment, the proposal 1940 must be published on the commissions website for at least 45 1941 days before consideration by the commission. 1942 (d)A proposal may be modified by the commission based on 1943 public testimony and evidence from a public hearing held in 1944 accordance with chapter 120. 1945 1946 The commission shall incorporate within the Florida Building 1947 Code provisions that address regional and local concerns and 1948 variations. The commission shall make every effort to minimize 1949 conflicts between the Florida Building Code, the Florida Fire 1950 Prevention Code, and the Life Safety Code. 1951 (4)(a)All entities authorized to enforce the Florida 1952 Building Code under s. 553.80 shall comply with applicable 1953 standards for issuance of mandatory certificates of occupancy, 1954 minimum types of inspections, and procedures for plans review 1955 and inspections as established by the commission by rule. Local 1956 governments may adopt amendments to the administrative 1957 provisions of the Florida Building Code, subject to the 1958 limitations in this subsection (5). Local amendments must be 1959 more stringent than the minimum standards described in this 1960 section and must be transmitted to the commission within 30 days 1961 after enactment. The local government shall make such amendments 1962 available to the general public in a usable format. The State 1963 Fire Marshal is responsible for establishing the standards and 1964 procedures required in this subsection for governmental entities 1965 with respect to applying the Florida Fire Prevention Code and 1966 the Life Safety Code. 1967 (5)(a)(b)Local governments may, subject to the limitations 1968 in this section and not more than once every 6 months, adopt 1969 amendments to the technical provisions of the Florida Building 1970 Code that apply solely within the jurisdiction of such 1971 government and that provide for more stringent requirements than 1972 those specified in the Florida Building Code. 1973 (b)A local government may adopt technical amendments that 1974 address local needs if: 1975 1.The local governing body determines, following a public 1976 hearing which has been advertised in a newspaper of general 1977 circulation at least 10 days before the hearing, that there is a 1978 need to strengthen the requirements of the Florida Building 1979 Code. The determination must be based upon a review of local 1980 conditions by the local governing body, which review 1981 demonstrates by evidence or data that the geographical 1982 jurisdiction governed by the local governing body exhibits a 1983 local need to strengthen the Florida Building Code beyond the 1984 needs or regional variation addressed by the Florida Building 1985 Code, that the local need is addressed by the proposed local 1986 amendment, and that the amendment is no more stringent than 1987 necessary to address the local need. 1988 2.Such additional requirements are not discriminatory 1989 against materials, products, or construction techniques of 1990 demonstrated capabilities. 1991 3.Such additional requirements may not introduce a new 1992 subject not addressed in the Florida Building Code. 1993 (c)The enforcing agency shall make readily available, in a 1994 usable format, all amendments adopted under this section. 1995 (d)Any amendment to the Florida Building Code shall be 1996 transmitted within 30 days after adoption by the local 1997 government to the commission. The commission shall maintain 1998 copies of all such amendments in a format that is usable and 1999 obtainable by the public. Local technical amendments are not 2000 effective until 30 days after the amendment has been received 2001 and published by the commission. 2002 (e)An amendment to the Florida Building Code adopted by a 2003 local government under this subsection is effective only until 2004 the adoption of the new edition of the Florida Building Code by 2005 the commission every third year. At such time, the commission 2006 shall review such amendment for consistency with the criteria in 2007 paragraph (10)(a) (9)(a) and adopt such amendment as part of the 2008 Florida Building Code or rescind the amendment. The commission 2009 shall immediately notify the respective local government of the 2010 rescission of any amendment. After receiving such notice, the 2011 respective local government may readopt the rescinded amendment 2012 under the provisions of this subsection. 2013 (f)Each county and municipality desiring to make local 2014 technical amendments to the Florida Building Code shall 2015 establish by interlocal agreement a countywide compliance review 2016 board to review any amendment to the Florida Building Code that 2017 is adopted by a local government within the county under this 2018 subsection and that is challenged by a substantially affected 2019 party for purposes of determining the amendments compliance 2020 with this subsection. If challenged, the local technical 2021 amendments are not effective until the time for filing an appeal 2022 under paragraph (g) has expired or, if there is an appeal, until 2023 the commission issues its final order determining if the adopted 2024 amendment is in compliance with this subsection. 2025 (g)If the compliance review board determines such 2026 amendment is not in compliance with this subsection, the 2027 compliance review board shall notify such local government of 2028 the noncompliance and that the amendment is invalid and 2029 unenforceable until the local government corrects the amendment 2030 to bring it into compliance. The local government may appeal the 2031 decision of the compliance review board to the commission. If 2032 the compliance review board determines that such amendment is in 2033 compliance with this subsection, any substantially affected 2034 party may appeal such determination to the commission. Any such 2035 appeal must be filed with the commission within 14 days after 2036 the boards written determination. The commission shall promptly 2037 refer the appeal to the Division of Administrative Hearings by 2038 electronic means through the divisions website for the 2039 assignment of an administrative law judge. The administrative 2040 law judge shall conduct the required hearing within 30 days 2041 after being assigned to the appeal, and shall enter a 2042 recommended order within 30 days after the conclusion of such 2043 hearing. The commission shall enter a final order within 30 days 2044 after an order is rendered. Chapter 120 and the uniform rules of 2045 procedure shall apply to such proceedings. The local government 2046 adopting the amendment that is subject to challenge has the 2047 burden of proving that the amendment complies with this 2048 subsection in proceedings before the compliance review board and 2049 the commission, as applicable. Actions of the commission are 2050 subject to judicial review under s. 120.68. The compliance 2051 review board shall determine whether its decisions apply to a 2052 respective local jurisdiction or apply countywide. 2053 (h)An amendment adopted under this subsection must include 2054 a fiscal impact statement that documents the costs and benefits 2055 of the proposed amendment. Criteria for the fiscal impact 2056 statement shall include the impact to local government relative 2057 to enforcement and the impact to property and building owners 2058 and industry relative to the cost of compliance. The fiscal 2059 impact statement may not be used as a basis for challenging the 2060 amendment for compliance. 2061 (i)In addition to paragraphs (f) and (g), the commission 2062 may review any amendments adopted under this subsection and make 2063 nonbinding recommendations related to compliance of such 2064 amendments with this subsection. 2065 (j)Any amendment adopted by a local enforcing agency under 2066 this subsection may not apply to state or school district owned 2067 buildings, manufactured buildings or factory-built school 2068 buildings approved by the commission, or prototype buildings 2069 approved under s. 553.77(3). The respective responsible entities 2070 shall consider the physical performance parameters 2071 substantiating such amendments when designing, specifying, and 2072 constructing such exempt buildings. 2073 (k)A technical amendment to the Florida Building Code 2074 related to water conservation practices or design criteria 2075 adopted by a local government under this subsection is not void 2076 when the code is updated if the technical amendment is necessary 2077 to protect or provide for more efficient use of water resources 2078 as provided in s. 373.621. However, any such technical amendment 2079 carried forward into the next edition of the code under this 2080 paragraph is subject to review or modification as provided in 2081 this part. 2082 (l)If a local government adopts a regulation, law, 2083 ordinance, policy, amendment, or land use or zoning provision 2084 without using the process established in this subsection, and a 2085 substantially affected person considers such regulation, law, 2086 ordinance, policy, amendment, or land use or zoning provision to 2087 be a technical amendment to the Florida Building Code, then the 2088 substantially affected person may submit a petition to the 2089 commission for a nonbinding advisory opinion. If a substantially 2090 affected person submits a request in accordance with this 2091 paragraph, the commission shall issue a nonbinding advisory 2092 opinion stating whether or not the commission interprets the 2093 regulation, law, ordinance, policy, amendment, or land use or 2094 zoning provision as a technical amendment to the Florida 2095 Building Code. As used in this paragraph, the term local 2096 government means a county, municipality, special district, or 2097 political subdivision of the state. 2098 1.Requests to review a local government regulation, law, 2099 ordinance, policy, amendment, or land use or zoning provision 2100 may be initiated by any substantially affected person. A 2101 substantially affected person includes an owner or builder 2102 subject to the regulation, law, ordinance, policy, amendment, or 2103 land use or zoning provision, or an association of owners or 2104 builders having members who are subject to the regulation, law, 2105 ordinance, policy, amendment, or land use or zoning provision. 2106 2.In order to initiate a review, a substantially affected 2107 person must file a petition with the commission. The commission 2108 shall adopt a form for the petition and directions for filing, 2109 which shall be published on the Building Code Information 2110 System. The form must shall, at a minimum, require the 2111 following: 2112 a.The name of the local government that enacted the 2113 regulation, law, ordinance, policy, amendment, or land use or 2114 zoning provision. 2115 b.The name and address of the local governments general 2116 counsel or administrator. 2117 c.The name, address, and telephone number of the 2118 petitioner; the name, address, and telephone number of the 2119 petitioners representative, if any; and an explanation of how 2120 the petitioners substantial interests are being affected by the 2121 regulation, law, ordinance, policy, amendment, or land use or 2122 zoning provision. 2123 d.A statement explaining why the regulation, law, 2124 ordinance, policy, amendment, or land use or zoning provision is 2125 a technical amendment to the Florida Building Code, and which 2126 provisions of the Florida Building Code, if any, are being 2127 amended by the regulation, law, ordinance, policy, amendment, or 2128 land use or zoning provision. 2129 3.The petitioner shall serve the petition on the local 2130 governments general counsel or administrator by certified mail, 2131 return receipt requested, and send a copy of the petition to the 2132 commission, in accordance with the commissions published 2133 directions. The local government shall respond to the petition 2134 in accordance with the form by certified mail, return receipt 2135 requested, and send a copy of its response to the commission, 2136 within 14 days after receipt of the petition, including 2137 Saturdays, Sundays, and legal holidays. 2138 4.Upon receipt of a petition that meets the requirements 2139 of this paragraph, the commission shall publish the petition, 2140 including any response submitted by the local government, on the 2141 Building Code Information System in a manner that allows 2142 interested persons to address the issues by posting comments. 2143 5.Before issuing an advisory opinion, the commission shall 2144 consider the petition, the response, and any comments posted on 2145 the Building Code Information System. The commission may also 2146 provide the petition, the response, and any comments posted on 2147 the Building Code Information System to a technical advisory 2148 committee, and may consider any recommendation provided by the 2149 technical advisory committee. The commission shall issue an 2150 advisory opinion stating whether the regulation, law, ordinance, 2151 policy, amendment, or land use or zoning provision is a 2152 technical amendment to the Florida Building Code within 30 days 2153 after the filing of the petition, including Saturdays, Sundays, 2154 and legal holidays. The commission shall publish its advisory 2155 opinion on the Building Code Information System and in the 2156 Florida Administrative Register. The commissions advisory 2157 opinion is nonbinding and is not a declaratory statement under 2158 s. 120.565. 2159 (6)(5)Notwithstanding subsection (5) (4), counties and 2160 municipalities may adopt by ordinance an administrative or 2161 technical amendment to the Florida Building Code relating to 2162 flood resistance in order to implement the National Flood 2163 Insurance Program or incentives. Specifically, an administrative 2164 amendment may assign the duty to enforce all or portions of 2165 flood-related code provisions to the appropriate agencies of the 2166 local government and adopt procedures for variances and 2167 exceptions from flood-related code provisions other than 2168 provisions for structures seaward of the coastal construction 2169 control line consistent with the requirements in 44 C.F.R. s. 2170 60.6. A technical amendment is authorized to the extent it is 2171 more stringent than the code. A technical amendment is not 2172 subject to the requirements of subsection (5) (4) and may not be 2173 rendered void when the code is updated if the amendment is 2174 adopted for the purpose of participating in the Community Rating 2175 System promulgated pursuant to 42 U.S.C. s. 4022, the amendment 2176 had already been adopted by local ordinance prior to July 1, 2177 2010, or the amendment requires a design flood elevation above 2178 the base flood elevation. Any amendment adopted under this 2179 subsection shall be transmitted to the commission within 30 days 2180 after being adopted. A municipality, county, or special district 2181 may not use preliminary maps issued by the Federal Emergency 2182 Management Agency for any law, ordinance, rule, or other measure 2183 that has the effect of imposing land use changes or permits. 2184 (7)(6)The initial adoption of, and any subsequent update 2185 or amendment to, the Florida Building Code by the commission is 2186 deemed adopted for use statewide without adoptions by local 2187 government. For a building permit for which an application is 2188 submitted prior to the effective date of the Florida Building 2189 Code, the state minimum building code in effect in the 2190 permitting jurisdiction on the date of the application governs 2191 the permitted work for the life of the permit and any extension 2192 granted to the permit. 2193 (8)(a)(7)(a)The commission shall adopt an updated Florida 2194 Building Code every 3 years through review of the most current 2195 updates of the International Building Code, the International 2196 Fuel Gas Code, the International Existing Building Code, the 2197 International Mechanical Code, the International Plumbing Code, 2198 and the International Residential Code, all of which are 2199 copyrighted and published by the International Code Council, and 2200 the National Electrical Code, which is copyrighted and published 2201 by the National Fire Protection Association. At a minimum, the 2202 commission shall adopt any updates to such codes or any other 2203 code necessary to maintain eligibility for federal funding and 2204 discounts from the National Flood Insurance Program, the Federal 2205 Emergency Management Agency, and the United States Department of 2206 Housing and Urban Development. The commission shall also review 2207 and adopt updates based on the International Energy Conservation 2208 Code (IECC); however, the commission shall maintain the 2209 efficiencies of the Florida Energy Efficiency Code for Building 2210 Construction adopted and amended pursuant to s. 553.901. Every 3 2211 years, the commission may approve updates to the Florida 2212 Building Code without a finding that the updates are needed in 2213 order to accommodate the specific needs of this state. The 2214 commission shall adopt updated codes by rule. 2215 (b)Codes regarding noise contour lines shall be reviewed 2216 annually, and the most current federal guidelines shall be 2217 adopted. 2218 (c)The commission may also adopt as a technical amendment 2219 to the Florida Building Code any portion of the codes identified 2220 in paragraph (a), but only as needed to accommodate the specific 2221 needs of this state. Standards or criteria adopted from these 2222 codes shall be incorporated by reference to the specific 2223 provisions adopted. If a referenced standard or criterion 2224 requires amplification or modification to be appropriate for use 2225 in this state, only the amplification or modification shall be 2226 set forth in the Florida Building Code. The commission may 2227 approve technical amendments to the updated Florida Building 2228 Code after the amendments have been subject to the conditions 2229 set forth in paragraphs (3)(a)-(d). Amendments that are adopted 2230 in accordance with this subsection shall be clearly marked in 2231 printed versions of the Florida Building Code so that the fact 2232 that the provisions are amendments is readily apparent. 2233 (d)The commission shall further consider the commissions 2234 own interpretations, declaratory statements, appellate 2235 decisions, and approved statewide and local technical amendments 2236 and shall incorporate such interpretations, statements, 2237 decisions, and amendments into the updated Florida Building Code 2238 only to the extent that they are needed to accommodate the 2239 specific needs of the state. A change made by an institute or 2240 standards organization to any standard or criterion that is 2241 adopted by reference in the Florida Building Code does not 2242 become effective statewide until it has been adopted by the 2243 commission. Furthermore, the edition of the Florida Building 2244 Code which is in effect on the date of application for any 2245 permit authorized by the code governs the permitted work for the 2246 life of the permit and any extension granted to the permit. 2247 (e)A rule updating the Florida Building Code in accordance 2248 with this subsection shall take effect no sooner than 6 months 2249 after publication of the updated code. Any amendment to the 2250 Florida Building Code which is adopted upon a finding by the 2251 commission that the amendment is necessary to protect the public 2252 from immediate threat of harm takes effect immediately. If 2253 energy code compliance software is not approved by the 2254 commission at least 3 months before the effective date of the 2255 updated Florida Building Code, the commission may delay the 2256 effective date of the energy provisions of the Florida Building 2257 Code for up to 3 additional months. 2258 (f)Provisions of the Florida Building Code, including 2259 those contained in referenced standards and criteria, relating 2260 to wind resistance or the prevention of water intrusion may not 2261 be modified to diminish those construction requirements; 2262 however, the commission may, subject to conditions in this 2263 subsection, modify the provisions to enhance those construction 2264 requirements. 2265 (g)The commission shall modify the Florida Building Code 2266 to state that sealed drawings by a design professional are not 2267 required for the replacement of windows, doors, or garage doors 2268 in an existing one-family or two-family dwelling or townhouse if 2269 all of the following conditions are met: 2270 1.The replacement windows, doors, or garage doors are 2271 installed in accordance with the manufacturers instructions for 2272 the appropriate wind zone. 2273 2.The replacement windows, doors, or garage doors meet the 2274 design pressure requirements in the most recent version of the 2275 Florida Building Code, Residential. 2276 3.A copy of the manufacturers instructions is submitted 2277 with the permit application in a printed or digital format. 2278 4.The replacement windows, doors, or garage doors are the 2279 same size and are installed in the same opening as the existing 2280 windows, doors, or garage doors. 2281 (9)(8)Notwithstanding subsection (3) or subsection (8) 2282 (7), the commission may address issues identified in this 2283 subsection by amending the code under the rule adoption 2284 procedures in chapter 120. Updates to the Florida Building Code, 2285 including provisions contained in referenced standards and 2286 criteria which relate to wind resistance or the prevention of 2287 water intrusion, may not be amended under this subsection to 2288 diminish those standards; however, the commission may amend the 2289 Florida Building Code to enhance such standards. Following the 2290 approval of any amendments to the Florida Building Code by the 2291 commission and publication of the amendments on the commissions 2292 website, authorities having jurisdiction to enforce the Florida 2293 Building Code may enforce the amendments. 2294 (a)The commission may approve amendments that are needed 2295 to address: 2296 1.Conflicts within the updated code; 2297 2.Conflicts between the updated code and the Florida Fire 2298 Prevention Code adopted under chapter 633; 2299 3.Unintended results from the integration of previously 2300 adopted amendments with the model code; 2301 4.Equivalency of standards; 2302 5.Changes to or inconsistencies with federal or state law; 2303 or 2304 6.Adoption of an updated edition of the National 2305 Electrical Code if the commission finds that delay of 2306 implementing the updated edition causes undue hardship to 2307 stakeholders or otherwise threatens the public health, safety, 2308 and welfare. 2309 (b)The commission may issue errata to the code pursuant to 2310 the rule adoption procedures in chapter 120 to list demonstrated 2311 errors in provisions contained within the Florida Building Code. 2312 The determination of such errors and the issuance of errata to 2313 the code must be approved by a 75-percent supermajority vote of 2314 the commission. For purposes of this paragraph, errata to the 2315 code means a list of errors on current and previous editions of 2316 the Florida Building Code. 2317 (10)(a)(9)(a)The commission may approve technical 2318 amendments to the Florida Building Code once each year for 2319 statewide or regional application upon a finding that the 2320 amendment: 2321 1.Is needed in order to accommodate the specific needs of 2322 this state. 2323 2.Has a reasonable and substantial connection with the 2324 health, safety, and welfare of the general public. 2325 3.Strengthens or improves the Florida Building Code, or in 2326 the case of innovation or new technology, will provide 2327 equivalent or better products or methods or systems of 2328 construction. 2329 4.Does not discriminate against materials, products, 2330 methods, or systems of construction of demonstrated 2331 capabilities. 2332 5.Does not degrade the effectiveness of the Florida 2333 Building Code. 2334 2335 The Florida Building Commission may approve technical amendments 2336 to the code once each year to incorporate into the Florida 2337 Building Code its own interpretations of the code which are 2338 embodied in its opinions, final orders, declaratory statements, 2339 and interpretations of hearing officer panels under s. 2340 553.775(3)(c), but only to the extent that the incorporation of 2341 interpretations is needed to modify the code to accommodate the 2342 specific needs of this state. Amendments approved under this 2343 paragraph shall be adopted by rule after the amendments have 2344 been subjected to subsection (3). 2345 (b)A proposed amendment must include a fiscal impact 2346 statement that documents the costs and benefits of the proposed 2347 amendment. Criteria for the fiscal impact statement shall be 2348 established by rule by the commission and shall include the 2349 impact to local government relative to enforcement, the impact 2350 to property and building owners, and the impact to industry, 2351 relative to the cost of compliance. The amendment must 2352 demonstrate by evidence or data that the states geographical 2353 jurisdiction exhibits a need to strengthen the code beyond the 2354 needs or regional variations addressed by the code and why the 2355 proposed amendment applies to this state. 2356 (c)The commission may not approve any proposed amendment 2357 that does not accurately and completely address all requirements 2358 for amendment which are set forth in this section. The 2359 commission shall require all proposed amendments and information 2360 submitted with proposed amendments to be reviewed by commission 2361 staff prior to consideration by any technical advisory 2362 committee. These reviews shall be for sufficiency only and are 2363 not intended to be qualitative in nature. Staff members shall 2364 reject any proposed amendment that fails to include a fiscal 2365 impact statement. Proposed amendments rejected by members of the 2366 staff may not be considered by the commission or any technical 2367 advisory committee. 2368 (d)Provisions of the Florida Building Code, including 2369 those contained in referenced standards and criteria, relating 2370 to wind resistance or the prevention of water intrusion may not 2371 be amended pursuant to this subsection to diminish those 2372 construction requirements; however, the commission may, subject 2373 to conditions in this subsection, amend the provisions to 2374 enhance those construction requirements. 2375 (11)(10)The following buildings, structures, and 2376 facilities are exempt from the Florida Building Code as provided 2377 by law, and any further exemptions shall be as determined by the 2378 Legislature and provided by law: 2379 (a)Buildings and structures specifically regulated and 2380 preempted by the Federal Government. 2381 (b)Railroads and ancillary facilities associated with the 2382 railroad. 2383 (c)Nonresidential farm buildings on farms. 2384 (d)Temporary buildings or sheds used exclusively for 2385 construction purposes. 2386 (e)Mobile or modular structures used as temporary offices, 2387 except that the provisions of part II relating to accessibility 2388 by persons with disabilities apply to such mobile or modular 2389 structures. 2390 (f)Those structures or facilities of electric utilities, 2391 as defined in s. 366.02, which are directly involved in the 2392 generation, transmission, or distribution of electricity. 2393 (g)Temporary sets, assemblies, or structures used in 2394 commercial motion picture or television production, or any 2395 sound-recording equipment used in such production, on or off the 2396 premises. 2397 (h)Storage sheds that are not designed for human 2398 habitation and that have a floor area of 720 square feet or less 2399 are not required to comply with the mandatory wind-borne-debris 2400 impact standards of the Florida Building Code. In addition, such 2401 buildings that are 400 square feet or less and that are intended 2402 for use in conjunction with one- and two-family residences are 2403 not subject to the door height and width requirements of the 2404 Florida Building Code. 2405 (i)Chickees constructed by the Miccosukee Tribe of Indians 2406 of Florida or the Seminole Tribe of Florida. As used in this 2407 paragraph, the term chickee means an open-sided wooden hut 2408 that has a thatched roof of palm or palmetto or other 2409 traditional materials, and that does not incorporate any 2410 electrical, plumbing, or other nonwood features. 2411 (j)Family mausoleums not exceeding 250 square feet in area 2412 which are prefabricated and assembled on site or preassembled 2413 and delivered on site and have walls, roofs, and a floor 2414 constructed of granite, marble, or reinforced concrete. 2415 (k)A building or structure having less than 1,000 square 2416 feet which is constructed and owned by a natural person for 2417 hunting and which is repaired or reconstructed to the same 2418 dimension and condition as existed on January 1, 2011, if the 2419 building or structure: 2420 1.Is not rented or leased or used as a principal 2421 residence; 2422 2.Is not located within the 100-year floodplain according 2423 to the Federal Emergency Management Agencys current Flood 2424 Insurance Rate Map; and 2425 3.Is not connected to an offsite electric power or water 2426 supply. 2427 (l)A drone port as defined in s. 330.41(2). 2428 2429 With the exception of paragraphs (a), (b), (c), and (f), in 2430 order to preserve the health, safety, and welfare of the public, 2431 the Florida Building Commission may, by rule adopted pursuant to 2432 chapter 120, provide for exceptions to the broad categories of 2433 buildings exempted in this section, including exceptions for 2434 application of specific sections of the code or standards 2435 adopted therein. The Department of Agriculture and Consumer 2436 Services shall have exclusive authority to adopt by rule, 2437 pursuant to chapter 120, exceptions to nonresidential farm 2438 buildings exempted in paragraph (c) when reasonably necessary to 2439 preserve public health, safety, and welfare. The exceptions must 2440 be based upon specific criteria, such as under-roof floor area, 2441 aggregate electrical service capacity, HVAC system capacity, or 2442 other building requirements. Further, the commission may 2443 recommend to the Legislature additional categories of buildings, 2444 structures, or facilities which should be exempted from the 2445 Florida Building Code, to be provided by law. The Florida 2446 Building Code does not apply to temporary housing provided by 2447 the Department of Corrections to any prisoner in the state 2448 correctional system. 2449 (12)(a)(11)(a)In the event of a conflict between the 2450 Florida Building Code and the Florida Fire Prevention Code and 2451 the Life Safety Code as applied to a specific project, the 2452 conflict shall be resolved by agreement between the local 2453 building code enforcement official and the local fire code 2454 enforcement official in favor of the requirement of the code 2455 which offers the greatest degree of lifesafety or alternatives 2456 which would provide an equivalent degree of lifesafety and an 2457 equivalent method of construction. Local boards created to 2458 address issues arising under the Florida Building Code or the 2459 Florida Fire Prevention Code may combine the appeals boards to 2460 create a single, local board having jurisdiction over matters 2461 arising under either code or both codes. The combined local 2462 appeals board may grant alternatives or modifications through 2463 procedures outlined in NFPA 1, Section 1.4, but may not waive 2464 the requirements of the Florida Fire Prevention Code. To meet 2465 the quorum requirement for convening the combined local appeals 2466 board, at least one member of the board who is a fire protection 2467 contractor, a fire protection design professional, a fire 2468 department operations professional, or a fire code enforcement 2469 professional must be present. 2470 (b)Any decision made by the local fire official regarding 2471 application, interpretation, or enforcement of the Florida Fire 2472 Prevention Code or by the local building official regarding 2473 application, interpretation, or enforcement of the Florida 2474 Building Code, or the appropriate application of either code or 2475 both codes in the case of a conflict between the codes, may be 2476 appealed to a local administrative board designated by the 2477 municipality, county, or special district having firesafety 2478 responsibilities. If the decision of the local fire official and 2479 the local building official is to apply the provisions of either 2480 the Florida Building Code or the Florida Fire Prevention Code 2481 and the Life Safety Code, the board may not alter the decision 2482 unless the board determines that the application of such code is 2483 not reasonable. If the decision of the local fire official and 2484 the local building official is to adopt an alternative to the 2485 codes, the local administrative board shall give due regard to 2486 the decision rendered by the local officials and may modify that 2487 decision if the administrative board adopts a better 2488 alternative, taking into consideration all relevant 2489 circumstances. In any case in which the local administrative 2490 board adopts alternatives to the decision rendered by the local 2491 fire official and the local building official, such alternatives 2492 shall provide an equivalent degree of lifesafety and an 2493 equivalent method of construction as the decision rendered by 2494 the local officials. 2495 (c)If the local building official and the local fire 2496 official are unable to agree on a resolution of the conflict 2497 between the Florida Building Code and the Florida Fire 2498 Prevention Code and the Life Safety Code, the local 2499 administrative board shall resolve the conflict in favor of the 2500 code which offers the greatest degree of lifesafety or 2501 alternatives which would provide an equivalent degree of 2502 lifesafety and an equivalent method of construction. 2503 (d)All decisions of the local administrative board or, if 2504 none exists, the local building official and the local fire 2505 official in regard to the application, enforcement, or 2506 interpretation of the Florida Fire Prevention Code, or conflicts 2507 between the Florida Fire Prevention Code and the Florida 2508 Building Code, are subject to review by a joint committee 2509 composed of members of the Florida Building Commission and the 2510 Fire Code Advisory Council. If the joint committee is unable to 2511 resolve conflicts between the codes as applied to a specific 2512 project, the matter shall be resolved pursuant to paragraph 2513 (1)(d). Decisions of the local administrative board related 2514 solely to the Florida Building Code are subject to review as set 2515 forth in s. 553.775. 2516 (e)The local administrative board shall, to the greatest 2517 extent possible, be composed of members with expertise in 2518 building construction and firesafety standards. 2519 (f)All decisions of the local building official and local 2520 fire official and all decisions of the administrative board 2521 shall be in writing and shall be binding upon a person but do 2522 not limit the authority of the State Fire Marshal or the Florida 2523 Building Commission pursuant to paragraph (1)(d) and ss. 633.104 2524 and 633.228. Decisions of general application shall be indexed 2525 by building and fire code sections and shall be available for 2526 inspection during normal business hours. 2527 (13)(12)Except within coastal building zones as defined in 2528 s. 161.54, specification standards developed by nationally 2529 recognized code promulgation organizations to determine 2530 compliance with engineering criteria of the Florida Building 2531 Code for wind load design shall not apply to one or two family 2532 dwellings which are two stories or less in height unless 2533 approved by the commission for use or unless expressly made 2534 subject to said standards and criteria by local ordinance 2535 adopted in accordance with the provisions of subsection (5) (4). 2536 (14)(13)The Florida Building Code does not apply to, and 2537 no code enforcement action shall be brought with respect to, 2538 zoning requirements, land use requirements, and owner 2539 specifications or programmatic requirements which do not pertain 2540 to and govern the design, construction, erection, alteration, 2541 modification, repair, or demolition of public or private 2542 buildings, structures, or facilities or to programmatic 2543 requirements that do not pertain to enforcement of the Florida 2544 Building Code. Additionally, a local code enforcement agency may 2545 not administer or enforce the Florida Building Code to prevent 2546 the siting of any publicly owned facility, including, but not 2547 limited to, correctional facilities, juvenile justice 2548 facilities, or state universities, community colleges, or public 2549 education facilities, as provided by law. 2550 (15)(14)The general provisions of the Florida Building 2551 Code for buildings and other structures do shall not apply to 2552 commercial wireless communication towers when such general 2553 provisions are inconsistent with the provisions of the code 2554 controlling radio and television towers. This subsection is 2555 intended to be remedial in nature and to clarify existing law. 2556 (16)(15)An agency or local government may not require that 2557 existing mechanical equipment located on or above the surface of 2558 a roof be installed in compliance with the requirements of the 2559 Florida Building Code except during reroofing when the equipment 2560 is being replaced or moved and is not in compliance with the 2561 provisions of the Florida Building Code relating to roof-mounted 2562 mechanical units. 2563 (17)(16)The Florida Building Code must require that the 2564 illumination in classroom units be designed to provide and 2565 maintain an average of 40 foot-candles of light at each desktop. 2566 Public educational facilities must consider using light-emitting 2567 diode lighting before considering other lighting sources. 2568 (18)(17)A provision of the International Residential Code 2569 relating to mandated fire sprinklers may not be incorporated 2570 into the Florida Building Code as adopted by the Florida 2571 Building Commission and may not be adopted as a local amendment 2572 to the Florida Building Code. This subsection does not prohibit 2573 the application of cost-saving incentives for residential fire 2574 sprinklers that are authorized in the International Residential 2575 Code upon a mutual agreement between the builder and the code 2576 official. This subsection does not apply to a local government 2577 that has a lawfully adopted ordinance relating to fire 2578 sprinklers which has been in effect since January 1, 2010. 2579 (19)(18)In a single-family dwelling, makeup air is not 2580 required for range hood exhaust systems capable of exhausting: 2581 (a)Four hundred cubic feet per minute or less; or 2582 (b)More than 400 cubic feet per minute but no more than 2583 800 cubic feet per minute if there are no gravity vent 2584 appliances within the conditioned living space of the structure. 2585 (20)(19)The Florida Building Code shall require two fire 2586 service access elevators in all buildings with a height greater 2587 than 120 feet measured from the elevation of street-level access 2588 to the level of the highest occupiable floor. All remaining 2589 elevators, if any, shall be provided with Phase I and II 2590 emergency operations. Where a fire service access elevator is 2591 required, a 1-hour fire-rated fire service access elevator lobby 2592 with direct access from the fire service access elevator is not 2593 required if the fire service access elevator opens into an exit 2594 access corridor that is no less than 6 feet wide for its entire 2595 length and is at least 150 square feet with the exception of 2596 door openings, and has a minimum 1-hour fire rating with three 2597 quarter hour fire and smoke rated openings; and during a fire 2598 event the fire service access elevator is pressurized and floor 2599 to-floor smoke control is provided. However, where transient 2600 residential occupancies occur at floor levels more than 420 feet 2601 above the level of fire service access, a 1-hour fire-rated 2602 service access elevator lobby with direct access from the fire 2603 service access elevator is required. Standpipes in high-rise 2604 buildings of Florida Building CodeBuilding Occupancy Group R1 2605 or R2 must be located in stairwells and are subject only to the 2606 requirements of the Florida Fire Prevention Code and NFPA 14, 2607 Standard for the Installation of Standpipes and Hose Systems, 2608 adopted by the State Fire Marshal. 2609 (21)(20)The Florida Building Commission may not: 2610 (a)Adopt the 2016 version of the American Society of 2611 Heating, Refrigerating and Air-Conditioning Engineers Standard 2612 9.4.1.1(g). 2613 (b)Adopt any provision that requires a door located in the 2614 opening between a garage and a single-family residence to be 2615 equipped with a self-closing device. 2616 Section 54.Section 569.002, Florida Statutes, is 2617 reordered, to read: 2618 569.002Definitions.As used in this part, the term: 2619 (2)(1)Dealer is synonymous with the term retail tobacco 2620 products dealer. 2621 (3)(2)Division means the Division of Alcoholic Beverages 2622 and Tobacco of the Department of Business and Professional 2623 Regulation. 2624 (5)(3)Nicotine product has the same meaning as in s. 2625 569.31. 2626 (4)Nicotine dispensing device has the same meaning as in 2627 s. 569.31. 2628 (6)(5)Permit is synonymous with the term retail tobacco 2629 products dealer permit. 2630 (7)(6)Retail tobacco products dealer means the holder of 2631 a retail tobacco products dealer permit. 2632 (8)(7)Retail tobacco products dealer permit means a 2633 permit issued by the division pursuant to s. 569.003. 2634 (9)(8)Tobacco products includes loose tobacco leaves, 2635 and products made from tobacco leaves, in whole or in part, and 2636 cigarette wrappers, which can be used for smoking, sniffing, or 2637 chewing. 2638 (1)(9)Any person under the age of 21 does not include 2639 any person under the age of 21 who: 2640 (a)Is in the military reserve or on active duty in the 2641 Armed Forces of the United States; or 2642 (b)Is acting in his or her scope of lawful employment with 2643 an entity licensed under the provisions of chapter 210 or this 2644 part. 2645 Section 55.Section 569.006, Florida Statutes, is amended 2646 to read: 2647 569.006Retail tobacco products dealers; administrative 2648 penalties.The division may suspend or revoke the permit of the 2649 dealer upon sufficient cause appearing of the violation of any 2650 of the provisions of this chapter, or any violation of the laws 2651 of this state or any state or territory of the United States 2652 including part II of this chapter if the dealer deals, at 2653 retail, in nicotine products within this the state or allows a 2654 nicotine products vending machine to be located on its premises 2655 within this the state, by a dealer or by a dealers agent or 2656 employee. The division may also assess and accept administrative 2657 fines of up to $1,000 against a dealer for each violation. The 2658 division shall deposit all fines collected into the General 2659 Revenue Fund as collected. An order imposing an administrative 2660 fine becomes effective 15 days after the date of the order. The 2661 division may suspend the imposition of a penalty against a 2662 dealer, conditioned upon the dealers compliance with terms the 2663 division considers appropriate. 2664 Section 56.Present paragraphs (e), (f), and (g) of 2665 subsection (3) of section 581.217, Florida Statutes, are 2666 redesignated as paragraphs (f), (g), and (h), respectively, a 2667 new paragraph (e) is added to that subsection, and paragraphs 2668 (e) and (f) are added to subsection (11) of that section, to 2669 read: 2670 581.217State hemp program. 2671 (3)DEFINITIONS.As used in this section, the term: 2672 (e)Division means the Division of Alcoholic Beverages 2673 and Tobacco of the Department of Business and Professional 2674 Regulation. 2675 (11)ENFORCEMENT. 2676 (e)The division may assist any agent of the department in 2677 enforcing subsection (7) and the rules adopted by the department 2678 relating to the retail sale of products containing hemp extract 2679 intended for human ingestion or inhalation. 2680 (f)The division is authorized to enter any public or 2681 private premises during regular business hours in the 2682 performance of its duties relating to the retail sale of 2683 products containing hemp extract intended for human ingestion or 2684 inhalation. 2685 Section 57.Subsections (1) and (2) of section 713.03, 2686 Florida Statutes, are amended to read: 2687 713.03Liens for professional services. 2688 (1)Any person who performs services as architect, 2689 landscape architect, interior designer, engineer, or surveyor 2690 and mapper, subject to compliance with and the limitations 2691 imposed by this part, has a lien on the real property improved 2692 for any money that is owing to him or her for his or her 2693 services used in connection with improving the real property or 2694 for his or her services in supervising any portion of the work 2695 of improving the real property, rendered in accordance with his 2696 or her contract and with the direct contract. 2697 (2)Any architect, landscape architect, interior designer, 2698 engineer, or surveyor and mapper who has a direct contract and 2699 who in the practice of his or her profession shall perform 2700 services, by himself or herself or others, in connection with a 2701 specific parcel of real property and subject to such said 2702 compliances and limitations, shall have a lien upon such real 2703 property for the money owing to him or her for his or her 2704 professional services, regardless of whether such real property 2705 is actually improved. 2706 Section 58.Present subsections (3), (4), and (5) of 2707 section 326.002, Florida Statutes, are redesignated as 2708 subsections (4), (5), and (3) respectively, and subsection (2) 2709 of that section is amended, to read: 2710 326.002Definitions.As used in ss. 326.001-326.006, the 2711 term: 2712 (2)Division means the Division of Professions Florida 2713 Condominiums, Timeshares, and Mobile Homes of the Department of 2714 Business and Professional Regulation. 2715 Section 59.Subsection (3) of section 326.006, Florida 2716 Statutes, is amended to read: 2717 326.006Powers and duties of division. 2718 (3)All fees must be deposited in the Professional 2719 Regulation Division of Florida Condominiums, Timeshares, and 2720 Mobile Homes Trust Fund as provided by law. 2721 Section 60.Section 468.384, Florida Statutes, is amended 2722 to read: 2723 468.384Rulemaking authority Florida Board of Auctioneers. 2724 (1)There is created in the department the Florida Board of 2725 Auctioneers. The board shall be composed of five members 2726 appointed by the Governor and confirmed by the Senate, two of 2727 whom shall have been actively and principally engaged as 2728 auctioneers for a period of not less than 5 years preceding 2729 their appointment, one of whom shall be a principal of an 2730 auction company, and two of whom shall be laypersons. Members 2731 shall serve for terms of 4 years. 2732 (2)The department may board has authority to adopt rules 2733 pursuant to ss. 120.536(1) and 120.54 to implement the 2734 provisions of this act conferring duties upon it. 2735 (2)(3)The department board shall receive and act upon 2736 applications for auctioneer, apprentice, and auction business 2737 licenses and shall have the power to issue, suspend, and revoke 2738 such licenses and to take such other action as is necessary to 2739 carry out the provisions of this act. 2740 Section 61.Subsections (1), (4), (5), (6) and paragraph 2741 (b) of subsection (7) of section 468.385, Florida Statutes, are 2742 amended, and subsection (3) of that section is reenacted, to 2743 read: 2744 468.385Licenses required; qualifications; examination. 2745 (1)The department shall license any applicant who it the 2746 board certifies is qualified to practice auctioneering. 2747 (3)No person shall be licensed as an auctioneer or 2748 apprentice if he or she: 2749 (a)Is under 18 years of age; or 2750 (b)Has committed any act or offense in this state or any 2751 other jurisdiction which would constitute a basis for 2752 disciplinary action under s. 468.389. 2753 (4)Any person seeking a license as an auctioneer must pass 2754 a written examination approved by the department board which 2755 tests his or her general knowledge of the laws of this state 2756 relating to provisions of the Uniform Commercial Code that are 2757 relevant to auctions, the laws of agency, and the provisions of 2758 this act. 2759 (5)Each apprentice application and license shall name a 2760 licensed auctioneer who has agreed to serve as the supervisor of 2761 the apprentice. An No apprentice may not conduct, or contract to 2762 conduct, an auction without the express approval of his or her 2763 supervisor. The supervisor shall regularly review the 2764 apprentices records, which are required by the department board 2765 to be maintained, to determine whether if such records are 2766 accurate and current. 2767 (6)A No person may not shall be licensed as an auctioneer 2768 unless he or she: 2769 (a)Has held an apprentice license and has served as an 2770 apprentice for 1 year or more, or has completed a course of 2771 study, consisting of not less than 80 classroom hours of 2772 instruction, that meets standards adopted by the department; and 2773 board; 2774 (b)Has passed the required examination; and 2775 (c)Is approved by the board. 2776 (7) 2777 (b)A No business may not shall auction or offer to auction 2778 any property in this state unless it is licensed as an auction 2779 business by the department board or is exempt from licensure 2780 under this act. An Each application for licensure must shall 2781 include the names of the owner and the business, the business 2782 mailing address and location, and any other information which 2783 the department board may require. The owner of an auction 2784 business shall report to the department board within 30 days 2785 after of any change in this required information. 2786 Section 62.Section 468.3852, Florida Statutes, is amended 2787 to read: 2788 468.3852Reactivation of license; fee.The department board 2789 shall prescribe a fee not to exceed $250 for the reactivation of 2790 an inactive license. The fee is shall be in addition to the 2791 current biennial renewal fee. 2792 Section 63.Subsections (2) through (5) and (8) of section 2793 468.3855, Florida Statutes, are amended to read: 2794 468.3855Apprenticeship training requirements. 2795 (2)An Any auctioneer who undertakes the sponsorship of an 2796 apprentice shall ensure that the apprentice receives training as 2797 required by department board rule. 2798 (3)An apprentice must actively participate in auction 2799 sales as required by department board rule, and a record of each 2800 auction for which participation credit is claimed must be made 2801 as required by department board rule. 2802 (4)An apprentice is Apprentices are prohibited from 2803 conducting an any auction without the prior express written 2804 consent of the sponsor. The apprentices sponsor must be present 2805 at the auction site at any time the apprentice is actively 2806 participating in the conduct of the auction. If the apprentices 2807 sponsor cannot attend a particular auction, the sponsor may 2808 appoint a qualified auctioneer who meets the requirements of 2809 department board rule to attend the auction in his or her place. 2810 Prior written consent must be given by the apprentices sponsor 2811 for each substitution. 2812 (5)Each apprentice and sponsor shall file reports as 2813 required by department board rule. 2814 (8)All apprentice applications shall be valid for a period 2815 of 6 months after department board approval. Any applicant who 2816 fails to complete the licensure process within that time is 2817 shall be required to make application as a new applicant. 2818 Section 64.Subsection (1) of section 468.386, Florida 2819 Statutes, is amended to read: 2820 468.386Fees; local licensing requirements. 2821 (1)The department board by rule may establish application, 2822 examination, licensure, renewal, and other reasonable and 2823 necessary fees, based upon the departments estimate of the 2824 costs to the board in administering this act. 2825 Section 65.Section 468.387, Florida Statutes, is amended 2826 to read: 2827 468.387Licensing of nonresidents; endorsement; 2828 reciprocity.The department shall issue a license by endorsement 2829 to practice auctioneering to an applicant who, upon applying to 2830 the department and remitting the required fee, set by the 2831 department board, demonstrates to the department board that he 2832 or she satisfies the requirements of s. 468.385(3) and holds a 2833 valid license to practice auctioneering in another state, 2834 provided that the requirements for licensure in that state are 2835 substantially equivalent to or more stringent than those 2836 existing in this state. The endorsement and reciprocity 2837 provisions of this section shall apply to auctioneers only and 2838 not to professions or occupations regulated by other statutes. 2839 Section 66.Subsections (3) and (9) and paragraph (b) of 2840 subsection (10) of section 468.388, Florida Statutes, are 2841 amended to read: 2842 468.388Conduct of an auction. 2843 (3)Each auctioneer or auction business shall maintain a 2844 record book of all sales. The record book must shall be open to 2845 inspection by the department board at reasonable times. 2846 (9)The auction business under which the auction is 2847 conducted is responsible for all other aspects of the auction as 2848 required by department board rule. The auction business may 2849 delegate in whole, or in part, different aspects of the auction 2850 only to the extent that such delegation is permitted by law and 2851 that such delegation will not impede the principal auctioneers 2852 ability to ensure the proper conduct of his or her independent 2853 responsibility for the auction. The auction business under whose 2854 auspices the auction is conducted is responsible for ensuring 2855 compliance as required by department board rule. 2856 (10) 2857 (b)Each auction business shall maintain, for not less than 2858 2 years, a separate ledger showing the funds held for another 2859 person deposited and disbursed by the auction business for each 2860 auction. The escrow or trust account must be reconciled monthly 2861 with the bank statement. A signed and dated record must shall be 2862 maintained for a 2-year period and be available for inspection 2863 by the department or at the request of the board. 2864 Section 67.Subsections (1) and (2) and paragraph (a) of 2865 subsection (3) of section 468.389, Florida Statutes, are amended 2866 to read: 2867 468.389Prohibited acts; penalties. 2868 (1)The following acts are shall be grounds for the 2869 disciplinary activities provided in subsections (2) and (3): 2870 (a)A violation of any law relating to trade or commerce of 2871 this state or of the state in which an auction is conducted. 2872 (b)Misrepresentation of property for sale at auction or 2873 making false promises concerning the use, value, or condition of 2874 such property by an auctioneer or auction business or by anyone 2875 acting as an agent of or with the consent of the auctioneer or 2876 auction business. 2877 (c)Failure to account for or to pay or return, within a 2878 reasonable time not to exceed 30 days, money or property 2879 belonging to another which has come into the control of an 2880 auctioneer or auction business through an auction. 2881 (d)False, deceptive, misleading, or untruthful 2882 advertising. 2883 (e)Any conduct in connection with a sales transaction 2884 which demonstrates bad faith or dishonesty. 2885 (f)Using or permitting the use of false bidders, cappers, 2886 or shills. 2887 (g)Making any material false statement on a license 2888 application. 2889 (h)Commingling money or property of another person with 2890 his or her own. Every auctioneer and auction business shall 2891 maintain a separate trust or escrow account in an insured bank 2892 or savings and loan association located in this state in which 2893 shall be deposited all proceeds received for another person 2894 through an auction sale. 2895 (i)Refusal or neglect of any auctioneer or other receiver 2896 of public moneys to pay the moneys so received into the State 2897 Treasury at the times and under the regulations prescribed by 2898 law. 2899 (j)Violating a statute or an administrative rule 2900 regulating practice under this part or a lawful disciplinary 2901 order of the board or the department. 2902 (k)Having a license to practice a comparable profession 2903 revoked, suspended, or otherwise acted against by another state, 2904 territory, or country. 2905 (l)Being convicted or found guilty, regardless of 2906 adjudication, of a crime in any jurisdiction which directly 2907 relates to the practice or the ability to practice the 2908 profession of auctioneering. 2909 (2)When the department board finds that any person 2910 committed guilty of any of the prohibited acts set forth in 2911 subsection (1), it may enter an order imposing one or more of 2912 the following penalties: 2913 (a)Refusal to certify to the department an application for 2914 licensure. 2915 (b)Revocation or suspension of a license. 2916 (c)Imposition of an administrative fine not to exceed 2917 $1,000 for each count or separate offense. 2918 (d)Issuance of a reprimand. 2919 (e)Placement of the auctioneer on probation for a period 2920 of time and subject to conditions as the department board may 2921 specify, including requiring the auctioneer to successfully 2922 complete the licensure examination. 2923 (f)Requirement that the person in violation make 2924 restitution to each consumer affected by that violation. Proof 2925 of such restitution must shall be a signed and notarized release 2926 executed by the consumer or the consumers estate. 2927 (3)(a)Failure to pay a fine within a reasonable time, as 2928 prescribed by department board rule, may be grounds for 2929 disciplinary action. 2930 Section 68.Section 468.392, Florida Statutes, is amended 2931 to read: 2932 468.392Auctioneer Recovery Fund.There is created the 2933 Auctioneer Recovery Fund as a separate account in the 2934 Professional Regulation Trust Fund. The department shall 2935 administer the fund shall be administered by the Florida Board 2936 of Auctioneers. 2937 (1)The Chief Financial Officer shall invest the money not 2938 currently needed to meet the obligations of the fund in the same 2939 manner as other public funds may be invested. Interest that 2940 accrues from these investments shall be deposited to the credit 2941 of the Auctioneer Recovery Fund and shall be available for the 2942 same purposes as other moneys deposited in the Auctioneer 2943 Recovery Fund. 2944 (2)The Chief Financial Officer shall, upon a voucher 2945 signed by the Secretary of Business and Professional Regulation 2946 or the secretarys designee, make all payments and disbursements 2947 from the Auctioneer Recovery Fund All payments and disbursements 2948 from the Auctioneer Recovery Fund shall be made by the Chief 2949 Financial Officer upon a voucher signed by the Secretary of 2950 Business and Professional Regulation or the secretarys 2951 designee. 2952 (3)If at any time the moneys in the Auctioneer Recovery 2953 Fund are insufficient to satisfy any valid claim or portion 2954 thereof, the department board shall satisfy such unpaid claim or 2955 portion thereof as soon as a sufficient amount has been 2956 deposited in or transferred to the fund. When there is more than 2957 one unsatisfied claim outstanding, such claims shall be paid in 2958 the order in which the claims were made. 2959 (4)Upon the payment of any amount from the Auctioneer 2960 Recovery Fund in settlement of a claim in satisfaction of a 2961 judgment against an auctioneer or auction business as described 2962 in s. 468.395, the license of such auctioneer or auction 2963 business is shall be automatically suspended until the licensee 2964 has complied with s. 468.398. A discharge of bankruptcy does 2965 shall not relieve a person from the penalties and disabilities 2966 provided in this section. 2967 (5)Moneys in the fund at the end of a fiscal year shall be 2968 retained in the fund and shall accrue for the benefit of 2969 auctioneers and auction businesses. When the fund exceeds the 2970 amount as set forth in s. 468.393(2), all surcharges shall be 2971 suspended until such time as the fund is reduced below the 2972 amount as set forth in s. 468.393(3). 2973 Section 69.Subsections (1), (3), and (4) of section 2974 468.393, Florida Statutes, are amended to read: 2975 468.393Surcharge to license fee; assessments. 2976 (1)At the time of licensure under s. 468.385, s. 468.3851, 2977 or s. 468.3852, each licensee shall pay, in addition to an 2978 application and license fee, a surcharge in an amount to be 2979 determined by the department board, not to exceed $300, which 2980 shall be deposited in the Auctioneer Recovery Fund. 2981 (3)After October 1, 1995, If the total amount in the 2982 Auctioneer Recovery Fund, including principal and interest, is 2983 less than $200,000 at the end of the fiscal year after the 2984 payment of all claims and expenses, the department board shall 2985 assess, in addition to any other fees under s. 468.3852, a 2986 surcharge against a licensee at the time of initial licensure or 2987 at the time of license renewal, according to the following 2988 formula in order to maintain the fund at $500,000: 2989 (a)Determine the amount remaining in the fund at the end 2990 of the state fiscal year after all expenses and claims have been 2991 paid. 2992 (b)Subtract the amount determined under paragraph (a) from 2993 $500,000. 2994 (c)Determine the number of initial licenses and license 2995 renewals in the fiscal year that precedes the current fiscal 2996 year. 2997 (d)Divide the amount determined under paragraph (b) by the 2998 number determined under paragraph (c). 2999 (4)The department board shall assess the surcharge 3000 described in subsection (3) against each licensee who receives 3001 an initial license or receives a renewal license during the 3002 fiscal year that follows the year in which the amount remaining 3003 in the fund was less than $200,000. 3004 Section 70.Subsections (1) and (4) of section 468.395, 3005 Florida Statutes, are amended to read: 3006 468.395Conditions of recovery; eligibility. 3007 (1)Recovery from the Auctioneer Recovery Fund may be 3008 obtained as follows: 3009 (a)Any aggrieved person is eligible to receive recovery 3010 from the Auctioneer Recovery Fund if the department Florida 3011 Board of Auctioneers has issued a final order directing an 3012 offending licensee to pay restitution to the claimant as the 3013 result of the licensee violating, within this state, any 3014 provision of s. 468.389 or any rule adopted by the department 3015 board and if the department board determined that the order of 3016 restitution cannot be enforced; or 3017 (b)Any aggrieved person who obtains a final judgment in 3018 any court against any licensee to recover damages for any actual 3019 loss that results from the violation, within this state, by a 3020 licensee of any provision of s. 468.389 or any rule adopted by 3021 the department board may, upon termination of all proceedings, 3022 including appeals and proceedings supplemental to judgment for 3023 collection purposes, file a verified application to the 3024 department board for an order directing payment out of the 3025 Auctioneer Recovery Fund of the amount of actual loss in the 3026 transaction that remains unpaid upon the judgment. The amount of 3027 actual loss may include court costs, but may shall not include 3028 attorney attorneys fees or punitive damages awarded. 3029 (4)The department may board shall not issue an order for 3030 payment of a claim from the Auctioneer Recovery Fund unless the 3031 claimant has reasonably established to the department board that 3032 she or he has taken proper and reasonable action to collect the 3033 amount of her or his claim from the licensee responsible for the 3034 loss and that any recovery made has been applied to reduce the 3035 amount of the claim on the Auctioneer Recovery Fund. 3036 Section 71.Subsections (2) and (3) of section 468.396, 3037 Florida Statutes, are amended to read: 3038 468.396Claims against a single licensee in excess of 3039 dollar limitation; joinder of claims, payment; insufficient 3040 funds. 3041 (2)Upon petition of the department board, the court may 3042 require all claimants and prospective claimants against one 3043 licensee to be joined in one action, to the end that the 3044 respective rights of all the claimants to the department board 3045 may be equitably adjudicated and settled. 3046 (3)On June 30 and December 31 of each year, the department 3047 board shall identify each claim that the court orders to be paid 3048 during the 6-month period that ended on that day. The department 3049 board shall pay the part of each claim that is so identified 3050 within 15 days after the end of the 6-month period in which the 3051 claim is ordered paid. However, if the balance in the fund is 3052 insufficient to pay the full payable amount of each claim that 3053 is ordered to be paid during a 6-month period, the department 3054 board shall pay a prorated portion of each claim that is ordered 3055 to be paid during the period. Any part of the payable amount of 3056 a claim left unpaid due to the prorating of payments under this 3057 subsection must shall be paid, subject to the $50,000 limit 3058 described in s. 468.395, before the payment of claims ordered to 3059 be paid during the following 6 months. 3060 Section 72.Section 468.397, Florida Statutes, is amended 3061 to read: 3062 468.397Payment of claim.Upon a final order of the court 3063 directing that payment be made out of the Auctioneer Recovery 3064 Fund, the department board shall, subject to the provisions of 3065 this part, make the payment out of the Auctioneer Recovery Fund 3066 as provided in s. 468.395. 3067 Section 73.Section 468.398, Florida Statutes, is amended 3068 to read: 3069 468.398Suspension of judgment debtors license; repayment 3070 by licensee; interest.If the department board is required to 3071 make any payment from the Auctioneer Recovery Fund in settlement 3072 of a claim or toward the satisfaction of a judgment under this 3073 part, the department board shall suspend the judgment debtors 3074 license. The licensee is not eligible to be licensed again as 3075 either an auctioneer or auction business until the licensee has 3076 repaid in full the amount paid from the Auctioneer Recovery 3077 Fund, with interest at the current applicable rate. 3078 Section 74.Section 468.522, Florida Statutes, is amended 3079 to read: 3080 468.522Rulemaking authority Rules of the board.The 3081 department board has authority to adopt rules pursuant to ss. 3082 120.536(1) and 120.54 to implement the provisions of this part. 3083 Every licensee shall be governed and controlled by this part and 3084 the rules adopted by the department board. 3085 Section 75.Subsections (2) and (4) of section 468.524, 3086 Florida Statutes, are amended to read: 3087 468.524Application for license. 3088 (2)The department board may require information and 3089 certifications necessary to determine that the applicant is of 3090 good moral character and meets other licensure requirements of 3091 this part. 3092 (4)An applicant or licensee is ineligible to reapply for a 3093 license for a period of 1 year following final agency action on 3094 the denial or revocation of a license applied for or issued 3095 under this part. This time restriction does not apply to 3096 administrative denials or revocations entered because: 3097 (a)The applicant or licensee has made an inadvertent error 3098 or omission on the application; 3099 (b)The experience documented to the department board was 3100 insufficient at the time of the previous application; 3101 (c)The department is unable to complete the criminal 3102 background investigation because of insufficient information 3103 from the Florida Department of Law Enforcement, the Federal 3104 Bureau of Investigation, or any other applicable law enforcement 3105 agency; 3106 (d)The applicant or licensee has failed to submit required 3107 fees; or 3108 (e)An applicant or licensed employee leasing company has 3109 been deemed ineligible for a license because of the lack of good 3110 moral character of an individual or individuals when such 3111 individual or individuals are no longer employed in a capacity 3112 that would require their licensing under this part. 3113 Section 76.Section 468.5245, Florida Statutes, is amended 3114 to read: 3115 468.5245Change of ownership. 3116 (1)A license or registration issued to any entity under 3117 this part may not be transferred or assigned. The department 3118 board shall adopt rules to provide for a licensees or 3119 registrants change of name or location. 3120 (2)A person or entity that seeks to purchase or acquire 3121 control of an employee leasing company or group licensed or 3122 registered under this part must first apply to the department 3123 board for a certificate of approval for the proposed change of 3124 ownership. However, prior approval is not required if, at the 3125 time the purchase or acquisition occurs, a controlling person of 3126 the employee leasing company or group maintains a controlling 3127 person license under this part. Notification must be provided to 3128 the department board within 30 days after the purchase or 3129 acquisition of such company in the manner prescribed by the 3130 department board. 3131 (3)Any application that is submitted to the department 3132 board under this section is shall be deemed approved if the 3133 department board has not approved the application or rejected 3134 the application, and provided the applicant with the basis for a 3135 rejection, within 90 days after the receipt of the completed 3136 application. 3137 (4)The department board shall establish filing fees for a 3138 change-of-ownership application in accordance with s. 3139 468.524(1). 3140 Section 77.Subsection (2) and paragraphs (c) through (f) 3141 of subsection (3) of section 468.525, Florida Statutes, are 3142 amended to read: 3143 468.525License requirements. 3144 (2)(a)As used in this part, good moral character means a 3145 personal history of honesty, trustworthiness, fairness, a good 3146 reputation for fair dealings, and respect for the rights of 3147 others and for the laws of this state and nation. The department 3148 shall institute a thorough background investigation of the 3149 individuals good moral character shall be instituted by the 3150 department. Such investigation shall require: 3151 1.The submission of fingerprints, for processing through 3152 appropriate law enforcement agencies, by the applicant and the 3153 examination of police records by the department board. 3154 2.Such other investigation of the individual as the 3155 department board may deem necessary. 3156 (b)The department board may deny an application for 3157 licensure or renewal citing lack of good moral character. 3158 Conviction of a crime within the last 7 years may shall not 3159 automatically bar any applicant or licensee from obtaining a 3160 license or continuing as a licensee. The department board shall 3161 consider the type of crime committed, the crimes relevancy to 3162 the employee leasing industry, the length of time since the 3163 conviction and any other factors deemed relevant by the 3164 department board. 3165 (3)Each employee leasing company licensed by the 3166 department shall have a registered agent for service of process 3167 in this state and at least one licensed controlling person. In 3168 addition, each licensed employee leasing company shall comply 3169 with the following requirements: 3170 (c)An applicant for initial or renewal license of an 3171 employee leasing company license or employee leasing company 3172 group must shall have an accounting net worth or must shall have 3173 guaranties, letters of credit, or other security acceptable to 3174 the department board in sufficient amounts to offset any 3175 deficiency. A guaranty will not be acceptable to satisfy this 3176 requirement unless the applicant submits sufficient evidence to 3177 satisfy the department board that the guarantor has adequate 3178 resources to satisfy the obligation of the guaranty. 3179 (d)Each employee leasing company shall maintain an 3180 accounting net worth and positive working capital, as determined 3181 in accordance with generally accepted accounting principles, or 3182 shall have guaranties, letters of credit, or other security 3183 acceptable to the department board in sufficient amounts to 3184 offset any deficiency. A guaranty will not be acceptable to 3185 satisfy this requirement unless the licensee submits sufficient 3186 evidence, as defined by rule, that the guarantor has adequate 3187 resources to satisfy the obligation of the guaranty. In 3188 determining the amount of working capital, a licensee shall 3189 include adequate reserves for all taxes and insurance, including 3190 plans of self-insurance or partial self-insurance for claims 3191 incurred but not paid and for claims incurred but not reported. 3192 Compliance with the requirements of this paragraph is subject to 3193 verification by department or board audit. 3194 (e)Each employee leasing company or employee leasing 3195 company group shall submit annual financial statements audited 3196 by an independent certified public accountant, with the 3197 application and within 120 days after the end of each fiscal 3198 year, in a manner and time prescribed by the department board, 3199 provided however, that any employee leasing company or employee 3200 leasing company group with gross Florida payroll of less than 3201 $2.5 million during any fiscal year may submit financial 3202 statements reviewed by an independent certified public 3203 accountant for that year. 3204 (f)The licensee shall notify the department or board in 3205 writing within 30 days after any change in the application or 3206 status of the license. 3207 Section 78.Subsections (3) and (5) of section 468.526, 3208 Florida Statutes, are amended to read: 3209 468.526License required; fees. 3210 (3)Each employee leasing company and employee leasing 3211 company group licensee shall pay to the department upon the 3212 initial issuance of a license and upon each renewal thereafter a 3213 license fee not to exceed $2,500 to be established by the 3214 department board. In addition to the license fee, the department 3215 board shall establish an annual assessment for each employee 3216 leasing company and each employee leasing company group 3217 sufficient to cover all costs for regulation of the profession 3218 pursuant to this chapter, chapter 455, and any other applicable 3219 provisions of law. The annual assessment shall: 3220 (a)Be due and payable upon initial licensure and 3221 subsequent renewals thereof and 1 year before the expiration of 3222 any licensure period; and 3223 (b)Be based on a fixed percentage, variable classes, or a 3224 combination of both, as determined by the department board, of 3225 gross Florida payroll for employees leased to clients by the 3226 applicant or licensee during the period beginning five quarters 3227 before and ending one quarter before each assessment. It is the 3228 intent of the Legislature that the greater weight of total fees 3229 for licensure and assessments should be on larger companies and 3230 groups. 3231 (5)Each controlling person licensee shall pay to the 3232 department upon the initial issuance of a license and upon each 3233 renewal thereafter a license fee to be established by the 3234 department board in an amount not to exceed $2,000. 3235 Section 79.Subsection (1) of section 468.527, Florida 3236 Statutes, is amended to read: 3237 468.527Licensure and license renewal. 3238 (1)The department shall license any applicant who it the 3239 board certifies is qualified to practice employee leasing as an 3240 employee leasing company, employee leasing company group, or 3241 controlling person. 3242 Section 80.Subsection (2) of section 468.5275, Florida 3243 Statutes, is amended to read: 3244 468.5275Registration and exemption of de minimis 3245 operations. 3246 (2)A registration is valid for 1 year. Each registrant 3247 shall pay to the department upon initial registration, and upon 3248 each renewal thereafter, a registration fee to be established by 3249 the department board in an amount not to exceed: 3250 (a)Two hundred and fifty dollars for an employee leasing 3251 company. 3252 (b)Five hundred dollars for an employee leasing company 3253 group. 3254 Section 81.Subsections (2), (4), and (5) of section 3255 468.529, Florida Statutes, are amended to read: 3256 468.529Licensees insurance; employment tax; benefit 3257 plans. 3258 (2)An initial or renewal license may not be issued to any 3259 employee leasing company unless the employee leasing company 3260 first files with the department board evidence of workers 3261 compensation coverage for all leased employees in this state. 3262 Each employee leasing company shall maintain and make available 3263 to its workers compensation carrier the following information: 3264 (a)The correct name and federal identification number of 3265 each client company. 3266 (b)A listing of all covered employees provided to each 3267 client company, by classification code. 3268 (c)The total eligible wages by classification code and the 3269 premiums due to the carrier for the employees provided to each 3270 client company. 3271 (4)An initial or renewal license may not be issued to any 3272 employee leasing company unless the employee leasing company 3273 first provides evidence to the department board, as required by 3274 department board rule, that the employee leasing company has 3275 paid all of the employee leasing companys obligations for 3276 payroll, payroll-related taxes, workers compensation insurance, 3277 and employee benefits. All disputed amounts must be disclosed in 3278 the application. 3279 (5)The provisions of this section are subject to 3280 verification by department or board audit. 3281 Section 82.Subsections (3) and (4) of section 468.530, 3282 Florida Statutes, are amended to read: 3283 468.530License, contents; posting. 3284 (3)A No license may not shall be valid for any person or 3285 entity who engages in the business under any name other than 3286 that specified in the license. A license issued under this part 3287 may shall not be assignable, and a no licensee may not conduct a 3288 business under a fictitious name without prior written 3289 authorization of the department board to do so. The department 3290 board may not authorize the use of a name which is so similar to 3291 that of a public officer or agency, or of that used by another 3292 licensee, that the public may be confused or misled thereby. A 3293 No licensee may not shall be permitted to conduct business under 3294 more than one name unless it has obtained a separate license. A 3295 licensee desiring to change its licensed name at any time except 3296 upon license renewal shall notify the department board and pay a 3297 fee not to exceed $50 for each authorized change of name. 3298 (4)Each employee leasing company or employee leasing 3299 company group licensed under this part shall be properly 3300 identified in all advertisements, which must include the license 3301 number, licensed business name, and other appropriate 3302 information in accordance with rules established by the 3303 department board. 3304 Section 83.Subsection (1) of section 468.531, Florida 3305 Statutes, is amended to read: 3306 468.531Prohibitions; penalties. 3307 (1)A No person or entity may not shall: 3308 (a)Practice or offer to practice as an employee leasing 3309 company, an employee leasing company group, or a controlling 3310 person unless such person or entity is licensed pursuant to this 3311 part; 3312 (b)Practice or offer to practice as an employee leasing 3313 company or employee leasing company group unless all controlling 3314 persons thereof are licensed pursuant to this part; 3315 (c)Use the name or title licensed employee leasing 3316 company, employee leasing company, employee leasing company 3317 group, professional employer, professional employer 3318 organization, controlling person, or words that would tend to 3319 lead one to believe that such person or entity is registered 3320 pursuant to this part, when such person or entity has not 3321 registered pursuant to this part; 3322 (d)Present as his or her own or his or her entitys own 3323 the license of another; 3324 (e)Knowingly give false or forged evidence to the 3325 department board or an employee a member thereof; or 3326 (f)Use or attempt to use a license that has been suspended 3327 or revoked. 3328 Section 84.Subsections (1), (2), and (4) of section 3329 468.532, Florida Statutes, are amended to read: 3330 468.532Discipline. 3331 (1)The following constitute grounds for which disciplinary 3332 action against a licensee may be taken by the department board: 3333 (a)Being convicted or found guilty of, or entering a plea 3334 of nolo contendere to, regardless of adjudication, bribery, 3335 fraud, or willful misrepresentation in obtaining, attempting to 3336 obtain, or renewing a license. 3337 (b)Being convicted or found guilty of, or entering a plea 3338 of nolo contendere to, regardless of adjudication, a crime in 3339 any jurisdiction which relates to the operation of an employee 3340 leasing business or the ability to engage in business as an 3341 employee leasing company. 3342 (c)Being convicted or found guilty of, or entering a plea 3343 of nolo contendere to, regardless of adjudication, fraud, 3344 deceit, or misconduct in the classification of employees 3345 pursuant to chapter 440. 3346 (d)Being convicted or found guilty of, or entering a plea 3347 of nolo contendere to, regardless of adjudication, fraud, 3348 deceit, or misconduct in the establishment or maintenance of 3349 self-insurance, be it health insurance or workers compensation 3350 insurance. 3351 (e)Being convicted or found guilty of, or entering a plea 3352 of nolo contendere to, regardless of adjudication, fraud, 3353 deceit, or misconduct in the operation of an employee leasing 3354 company. 3355 (f)Conducting business without an active license. 3356 (g)Failing to maintain workers compensation insurance as 3357 required in s. 468.529. 3358 (h)Transferring or attempting to transfer a license issued 3359 pursuant to this part. 3360 (i)Violating any provision of this part or any lawful 3361 order or rule issued under the provisions of this part or 3362 chapter 455. 3363 (j)Failing to notify the department board, in writing, of 3364 any change of the primary business address or the addresses of 3365 any of the licensees offices in this the state. 3366 (k)Having been confined in any county jail, 3367 postadjudication, or being confined in any state or federal 3368 prison or mental institution, or when through mental disease or 3369 deterioration, the licensee can no longer safely be entrusted to 3370 deal with the public or in a confidential capacity. 3371 (l)Having been found guilty for a second time of any 3372 misconduct that warrants suspension or being found guilty of a 3373 course of conduct or practices which shows that the licensee is 3374 so incompetent, negligent, dishonest, or untruthful that the 3375 money, property, transactions, and rights of investors, or those 3376 with whom the licensee may sustain a confidential relationship, 3377 may not safely be entrusted to the licensee. 3378 (m)Failing to inform the department board in writing 3379 within 30 days after being convicted or found guilty of, or 3380 entering a plea of nolo contendere to, any felony, regardless of 3381 adjudication. 3382 (n)Failing to conform to any lawful order of the 3383 department board. 3384 (o)Being determined liable for civil fraud by a court in 3385 any jurisdiction. 3386 (p)Having adverse material final action taken by any state 3387 or federal regulatory agency for violations within the scope of 3388 control of the licensee. 3389 (q)Failing to inform the department board in writing 3390 within 30 days after any adverse material final action by a 3391 state or federal regulatory agency. 3392 (r)Failing to meet or maintain the requirements for 3393 licensure as an employee leasing company or controlling person. 3394 (s)Engaging as a controlling person any person who is not 3395 licensed as a controlling person by the department board. 3396 (t)Attempting to obtain, obtaining, or renewing a license 3397 to practice employee leasing by bribery, misrepresentation, or 3398 fraud. 3399 (2)When the department board finds any violation of 3400 subsection (1), it may do one or more of the following: 3401 (a)Deny an application for licensure. 3402 (b)Permanently revoke, suspend, restrict, or not renew a 3403 license. 3404 (c)Impose an administrative fine not to exceed $5,000 for 3405 every count or separate offense. 3406 (d)Issue a reprimand. 3407 (e)Place the licensee on probation for a period of time 3408 and subject the licensee to such conditions as the department 3409 board may specify. 3410 (f)Assess costs associated with investigation and 3411 prosecution. 3412 (4)The department board shall specify the penalties for 3413 any violation of this part. 3414 Section 85.Subsection (2) of section 476.074, Florida 3415 Statutes, is amended to read: 3416 476.074Legal, investigative, and inspection services. 3417 (2)The department shall provide all investigative services 3418 required by the board or the department in carrying out the 3419 provisions of this act. 3420 Section 86.Subsections (2) and (3) of section 476.114, 3421 Florida Statutes, are amended to read: 3422 476.114Examination; prerequisites. 3423 (2)An applicant is eligible for licensure by examination 3424 to practice barbering if the applicant: 3425 (a)Is at least 16 years of age; 3426 (b)Pays the required application fee; and 3427 (c)Has received a minimum of 900 hours of training in 3428 sanitation, safety, and laws and rules, as established by the 3429 department board, which must include, but is not limited to, the 3430 equivalent of completion of services directly related to the 3431 practice of barbering at one of the following: 3432 1.A school of barbering licensed pursuant to chapter 1005; 3433 2.A barbering program within the public school system; or 3434 3.A government-operated barbering program in this state. 3435 3436 The department board shall establish by rule procedures whereby 3437 the school or program may certify that a person is qualified to 3438 take the required examination after the completion of a minimum 3439 of 600 actual school hours. If the person passes the 3440 examination, she or he has satisfied this requirement; but if 3441 the person fails the examination, she or he may not be qualified 3442 to take the examination again until the completion of the full 3443 requirements provided by this section. 3444 (3)An applicant who meets the requirements set forth in 3445 paragraph (2)(c) who fails to pass the examination may take 3446 subsequent examinations as many times as necessary to pass, 3447 except that the department board may specify by rule reasonable 3448 timeframes for rescheduling the examination and additional 3449 training requirements for applicants who, after the third 3450 attempt, fail to pass the examination. Before Prior to 3451 reexamination, the applicant must file the appropriate form and 3452 pay the reexamination fee as required by rule. 3453 Section 87.Subsections (1) and (2) of section 476.134, 3454 Florida Statutes, are amended to read: 3455 476.134Examinations. 3456 (1)Examinations of applicants for licenses as barbers 3457 shall be offered not less than four times each year. The 3458 examination of applicants for licenses as barbers must shall 3459 include a written test. The department has board shall have the 3460 authority to adopt rules with respect to the examination of 3461 applicants for licensure. The department board may provide rules 3462 with respect to written examinations in such manner as the 3463 department board may deem fit. 3464 (2)The department board shall adopt rules specifying the 3465 areas of competency to be covered by the examination. Such rules 3466 must shall include the relative weight assigned in grading each 3467 area. All areas tested must shall be reasonably related to the 3468 protection of the public and the applicants competency to 3469 practice barbering in a manner which will not endanger the 3470 public. 3471 Section 88.Subsections (1), (2), (5), and (6) of section 3472 476.144, Florida Statutes, are amended to read: 3473 476.144Licensure. 3474 (1)The department shall license any applicant who it the 3475 board certifies is qualified to practice barbering in this 3476 state. 3477 (2)The department board shall certify for licensure any 3478 applicant who satisfies the requirements of s. 476.114, and who 3479 passes the required examination, achieving a passing grade as 3480 established by department board rule. 3481 (5)The department board shall certify as qualified for 3482 licensure by endorsement as a barber in this state an applicant 3483 who holds a current active license to practice barbering in 3484 another state. The department board shall adopt rules specifying 3485 procedures for the licensure by endorsement of practitioners 3486 desiring to be licensed in this state who hold a current active 3487 license in another country and who have met qualifications 3488 substantially similar to, equivalent to, or greater than the 3489 qualifications required of applicants from this state. 3490 (6)A person may apply for a restricted license to practice 3491 barbering. The department board shall adopt rules specifying 3492 procedures for an applicant to obtain a restricted license if 3493 the applicant: 3494 (a)1.Has successfully completed a restricted barber 3495 course, as established by rule of the department board, at a 3496 school of barbering licensed pursuant to chapter 1005, a 3497 barbering program within the public school system, or a 3498 government-operated barbering program in this state; or 3499 2.a.Holds or has within the previous 5 years held an 3500 active valid license to practice barbering in another state or 3501 country or has held a Florida barbering license which has been 3502 declared null and void for failure to renew the license, and the 3503 applicant fulfilled the requirements of s. 476.114(2)(c) for 3504 initial licensure; and 3505 b.Has not been disciplined relating to the practice of 3506 barbering in the previous 5 years; and 3507 (b)Passes a written examination on the laws and rules 3508 governing the practice of barbering in Florida, as established 3509 by the department board. 3510 3511 The restricted license shall limit the licensees practice to 3512 those specific areas in which the applicant has demonstrated 3513 competence pursuant to rules adopted by the department board. 3514 Section 89.Subsection (2) of section 476.154, Florida 3515 Statutes, is amended to read: 3516 476.154Biennial renewal of licenses. 3517 (2)Any license or certificate of registration issued 3518 pursuant to this act for a period less than the established 3519 biennial issuance period may be issued for that lesser period of 3520 time, and the department shall adjust the required fee 3521 accordingly. The department board shall adopt rules providing 3522 for such partial period fee adjustments. 3523 Section 90.Subsection (2) of section 476.155, Florida 3524 Statutes, is amended, and subsection (1) of that section is 3525 reenacted, to read: 3526 476.155Inactive status; reactivation of inactive license. 3527 (1)A barbers license that has become inactive may be 3528 reactivated under s. 476.154 upon application to the department. 3529 (2)The department board shall adopt promulgate rules 3530 relating to licenses which have become inactive and for the 3531 renewal of inactive licenses. The department board shall 3532 prescribe by rule a fee not to exceed $100 for the reactivation 3533 of an inactive license and a fee not to exceed $50 for the 3534 renewal of an inactive license. 3535 Section 91.Subsection (1) of section 476.192, Florida 3536 Statutes, is amended to read: 3537 476.192Fees; disposition. 3538 (1)The department board shall set by rule fees according 3539 to the following schedule: 3540 (a)For barbers, fees for original licensing, license 3541 renewal, and delinquent renewal may shall not exceed $100. 3542 (b)For barbers, fees for endorsement application, 3543 examination, and reexamination may shall not exceed $150. 3544 (c)For barbershops, fees for license application, original 3545 licensing, license renewal, and delinquent renewal may shall not 3546 exceed $150. 3547 (d)For duplicate licenses and certificates, fees may shall 3548 not exceed $25. 3549 Section 92.Paragraphs (h) and (i) of subsection (1) and 3550 subsection (2) of section 476.204, Florida Statutes, are 3551 amended, to read: 3552 476.204Penalties. 3553 (1)It is unlawful for any person to: 3554 (h)Violate any provision of s. 455.227(1), s. 476.194, or 3555 s. 476.214. 3556 (i)Violate or refuse to comply with any provision of this 3557 chapter or chapter 455 or a rule or final order of the 3558 department board. 3559 (2)Any person who violates any provision of this section 3560 shall be subject to one or more of the following penalties, as 3561 determined by the department board: 3562 (a)Revocation or suspension of any license or registration 3563 issued pursuant to this chapter. 3564 (b)Issuance of a reprimand or censure. 3565 (c)Imposition of an administrative fine not to exceed $500 3566 for each count or separate offense. 3567 (d)Placement on probation for a period of time and subject 3568 to such reasonable conditions as the department board may 3569 specify. 3570 (e)Refusal to certify to the department an applicant for 3571 licensure. 3572 Section 93.Section 476.214, Florida Statutes, is amended 3573 to read: 3574 476.214Grounds for suspending, revoking, or refusing to 3575 grant license or certificate. 3576 (1)The department board shall have the power to revoke or 3577 suspend any license, registration card, or certificate of 3578 registration issued pursuant to this act, or to reprimand, 3579 censure, deny subsequent licensure of, or otherwise discipline 3580 any holder of a license, registration card, or certificate of 3581 registration issued pursuant to this act, for any of the 3582 following causes: 3583 (a)Gross malpractice or gross incompetency in the practice 3584 of barbering; 3585 (b)Practice by a person knowingly having an infectious or 3586 contagious disease; or 3587 (c)Commission of any of the offenses described in s. 3588 476.194. 3589 (2)The department board shall keep a record of its 3590 disciplinary proceedings against holders of licenses or 3591 certificates of registration issued pursuant to this act. 3592 (3)The department may shall not issue or renew a license 3593 or certificate of registration under this chapter to any person 3594 against whom or barbershop against which it the board has 3595 assessed a fine, interest, or costs associated with 3596 investigation and prosecution until the person or barbershop has 3597 paid in full such fine, interest, or costs associated with 3598 investigation and prosecution or until the person or barbershop 3599 complies with or satisfies all terms and conditions of the final 3600 order. 3601 Section 94.Section 476.234, Florida Statutes, is amended 3602 to read: 3603 476.234Civil proceedings.In addition to any other remedy, 3604 the department may file a proceeding in the name of the state 3605 seeking issuance of a restraining order, injunction, or writ of 3606 mandamus against any person who is or has been violating any of 3607 the provisions of this act or the lawful rules or orders of the 3608 board, commission, or department. 3609 Section 95.Section 477.016, Florida Statutes, is amended 3610 to read: 3611 477.016Rulemaking. 3612 (1)The department board may adopt rules pursuant to ss. 3613 120.536(1) and 120.54 to implement the provisions of this 3614 chapter conferring duties upon it. 3615 (2)The department board may by rule adopt any restriction 3616 established by a regulation of the United States Food and Drug 3617 Administration related to the use of a cosmetic product or any 3618 substance used in the practice of cosmetology if the department 3619 board finds that the product or substance poses a risk to the 3620 health, safety, and welfare of clients or persons providing 3621 cosmetology services. 3622 Section 96.Section 477.018, Florida Statutes, is amended 3623 to read: 3624 477.018Investigative services.The department shall 3625 provide all investigative services required by the board or the 3626 department in carrying out the provisions of this act. 3627 Section 97.Subsection (2) of section 477.0212, Florida 3628 Statutes, is amended to read: 3629 477.0212Inactive status. 3630 (2)The department board shall adopt rules relating to 3631 licenses that become inactive and for the renewal of inactive 3632 licenses. The rules may not require more than one renewal cycle 3633 of continuing education to reactivate a license. The department 3634 board shall prescribe by rule a fee not to exceed $50 for the 3635 reactivation of an inactive license and a fee not to exceed $50 3636 for the renewal of an inactive license. 3637 Section 98.Subsections (1) and (2) of section 477.022, 3638 Florida Statutes, are amended to read: 3639 477.022Examinations. 3640 (1)The department board shall ensure that examinations 3641 adequately measure both an applicants competency and her or his 3642 knowledge of related statutory requirements. Professional 3643 testing services may be utilized to formulate the examinations. 3644 The department board may offer a written clinical examination or 3645 a performance examination, or both, in addition to a written 3646 theory examination. 3647 (2)The department board shall ensure that examinations 3648 comply with state and federal equal employment opportunity 3649 guidelines. 3650 Section 99.Subsections (2), (8), and (9) and paragraphs 3651 (a), (b), (d), and (e) of subsection (10) of section 477.025, 3652 Florida Statutes, are amended, and subsection (11) of that 3653 section is reenacted, to read: 3654 477.025Cosmetology salons; specialty salons; requisites; 3655 licensure; inspection; mobile cosmetology salons. 3656 (2)The department board shall adopt rules governing the 3657 licensure and operation of salons and specialty salons and their 3658 facilities, personnel, safety and sanitary requirements, and the 3659 license application and granting process. 3660 (8)Renewal of license registration for cosmetology salons 3661 or specialty salons shall be accomplished pursuant to rules 3662 adopted by the department board. The department board is further 3663 authorized to adopt rules governing delinquent renewal of 3664 licenses and may impose penalty fees for delinquent renewal. 3665 (9)The department board is authorized to adopt rules 3666 governing the periodic inspection of cosmetology salons and 3667 specialty salons licensed under this chapter. 3668 (10)(a)The department board shall adopt rules governing 3669 the licensure, operation, and inspection of mobile cosmetology 3670 salons, including their facilities, personnel, and safety and 3671 sanitary requirements. 3672 (b)Each mobile salon must comply with all licensure and 3673 operating requirements specified in this chapter or chapter 455 3674 or rules of the board or department that apply to cosmetology 3675 salons at fixed locations, except to the extent that such 3676 requirements conflict with this subsection or rules adopted 3677 pursuant to this subsection. 3678 (d)To facilitate periodic inspections of mobile 3679 cosmetology salons, prior to the beginning of each month each 3680 mobile salon licenseholder must file with the department board a 3681 written monthly itinerary listing the locations where and the 3682 dates and hours when the mobile salon will be operating. 3683 (e)The department board shall establish fees for mobile 3684 cosmetology salons, not to exceed the fees for cosmetology 3685 salons at fixed locations. 3686 (11)Facilities licensed under part II of chapter 400 or 3687 under part I of chapter 429 are exempt from this section, and a 3688 cosmetologist licensed pursuant to s. 477.019 may provide salon 3689 services exclusively for facility residents. 3690 Section 100.Subsections (1) and (3) of section 477.026, 3691 Florida Statutes, are amended to read: 3692 477.026Fees; disposition. 3693 (1)The department board shall set fees according to the 3694 following schedule: 3695 (a)For cosmetologists, fees for original licensing, 3696 license renewal, and delinquent renewal may shall not exceed 3697 $50. 3698 (b)For cosmetologists, fees for endorsement application, 3699 examination, and reexamination may shall not exceed $50. 3700 (c)For cosmetology and specialty salons, fees for license 3701 application, original licensing, license renewal, and delinquent 3702 renewal may shall not exceed $50. 3703 (d)For specialists, fees for application and endorsement 3704 registration may shall not exceed $30. 3705 (e)For specialists, fees for initial registration, 3706 registration renewal, and delinquent renewal may shall not 3707 exceed $50. 3708 (3)The department, with the advice of the board, shall 3709 prepare and submit a proposed budget in accordance with law. 3710 Section 101.Subsections (2) and (4) of section 477.0263, 3711 Florida Statutes, are amended to read: 3712 477.0263Cosmetology services to be performed in licensed 3713 salon; exceptions. 3714 (2)Pursuant to rules established by the department board, 3715 cosmetology services may be performed by a licensed 3716 cosmetologist in a location other than a licensed salon, 3717 including, but not limited to, a nursing home, hospital, or 3718 residence, when a client for reasons of ill health is unable to 3719 go to a licensed salon. Arrangements for the performance of such 3720 cosmetology services in a location other than a licensed salon 3721 shall be made only through a licensed salon. 3722 (4)Pursuant to rules adopted by the department board, any 3723 cosmetology or specialty service may be performed in a location 3724 other than a licensed salon when the service is performed in 3725 connection with a special event and is performed by a person who 3726 holds the proper license or specialty registration. 3727 Section 102.Subsections (1), (2), and (4) of section 3728 477.028, Florida Statutes, are amended to read: 3729 477.028Disciplinary proceedings. 3730 (1)The department board shall have the power to revoke or 3731 suspend the license of a cosmetologist licensed under this 3732 chapter, or the registration of a specialist registered under 3733 this chapter, and to reprimand, censure, deny subsequent 3734 licensure or registration of, or otherwise discipline a 3735 cosmetologist or a specialist licensed or registered under this 3736 chapter in any of the following cases: 3737 (a)Upon proof that a license or registration has been 3738 obtained by fraud or misrepresentation. 3739 (b)Upon proof that the holder of a license or registration 3740 is guilty of fraud or deceit or of gross negligence, 3741 incompetency, or misconduct in the practice or instruction of 3742 cosmetology or a specialty. 3743 (c)Upon proof that the holder of a license or registration 3744 is guilty of aiding, assisting, procuring, or advising any 3745 unlicensed person to practice as a cosmetologist. 3746 (2)The department board shall have the power to revoke or 3747 suspend the license of a cosmetology salon or a specialty salon 3748 licensed under this chapter, to deny subsequent licensure of 3749 such salon, or to reprimand, censure, or otherwise discipline 3750 the owner of such salon in either of the following cases: 3751 (a)Upon proof that a license has been obtained by fraud or 3752 misrepresentation. 3753 (b)Upon proof that the holder of a license is guilty of 3754 fraud or deceit or of gross negligence, incompetency, or 3755 misconduct in the operation of the salon so licensed. 3756 (4)The department may shall not issue or renew a license 3757 or certificate of registration under this chapter to any person 3758 against whom or salon against which the department board has 3759 assessed a fine, interest, or costs associated with 3760 investigation and prosecution until the person or salon has paid 3761 in full such fine, interest, or costs associated with 3762 investigation and prosecution or until the person or salon 3763 complies with or satisfies all terms and conditions of the final 3764 order. 3765 Section 103.Paragraph (i) of subsection (1) and subsection 3766 (2) of section 477.029, Florida Statutes, are amended to read: 3767 477.029Penalty. 3768 (1)It is unlawful for any person to: 3769 (i)Violate or refuse to comply with any provision of this 3770 chapter or chapter 455 or a rule or final order of the 3771 department board or the department. 3772 (2)Any person who violates the provisions of this section 3773 is shall be subject to one or more of the following penalties, 3774 as determined by the department board: 3775 (a)Revocation or suspension of any license or registration 3776 issued pursuant to this chapter. 3777 (b)Issuance of a reprimand or censure. 3778 (c)Imposition of an administrative fine not to exceed $500 3779 for each count or separate offense. 3780 (d)Placement on probation for a period of time and subject 3781 to such reasonable conditions as the department board may 3782 specify. 3783 (e)Refusal to certify to the department an applicant for 3784 licensure. 3785 Section 104.Section 492.104, Florida Statutes, is amended 3786 to read: 3787 492.104Rulemaking authority.The department Board of 3788 Professional Geologists has authority to adopt rules pursuant to 3789 ss. 120.536(1) and 120.54 to implement this chapter. Every 3790 licensee shall be governed and controlled by this chapter and 3791 the rules adopted by the department board. The department board 3792 is authorized to set, by rule, fees for application, 3793 examination, late renewal, initial licensure, and license 3794 renewal. These fees may not exceed the cost of implementing the 3795 application, examination, initial licensure, and license renewal 3796 or other administrative process and shall be established as 3797 follows: 3798 (1)The application fee may shall not exceed $150 and is 3799 shall be nonrefundable. 3800 (2)The examination fee may shall not exceed $250, and the 3801 fee may be apportioned to each part of a multipart examination. 3802 The examination fee is shall be refundable in whole or part if 3803 the applicant is found to be ineligible to take any portion of 3804 the licensure examination. 3805 (3)The initial license fee may shall not exceed $100. 3806 (4)The biennial renewal fee may shall not exceed $150. 3807 (5)The fee for reactivation of an inactive license may not 3808 exceed $50. 3809 (6)The fee for a provisional license may not exceed $400. 3810 (7)The fee for application, examination, and licensure for 3811 a license by endorsement is as provided in this section for 3812 licenses in general. 3813 Section 105.Subsections (1) and (2) of section 492.105, 3814 Florida Statutes, are amended to read: 3815 492.105Licensure by examination; requirements; fees. 3816 (1)Any person desiring to be licensed as a professional 3817 geologist shall apply to the department to take the licensure 3818 examination. The written licensure examination shall be designed 3819 to test an applicants qualifications to practice professional 3820 geology, and shall include such subjects as will tend to 3821 ascertain the applicants knowledge of the fundamentals, theory, 3822 and practice of professional geology and may include such 3823 subjects as are taught in curricula of accredited colleges and 3824 universities. The written licensure examination may be a 3825 multipart examination. The department shall examine each 3826 applicant who the department board certifies: 3827 (a)Has completed the application form and remitted a 3828 nonrefundable application fee and an examination fee which is 3829 refundable if the applicant is found to be ineligible to take 3830 the examination. 3831 (b)Is at least 18 years of age. 3832 (c)Has not committed any act or offense in any 3833 jurisdiction which would constitute the basis for disciplining a 3834 professional geologist licensed pursuant to this chapter. 3835 (d)Has fulfilled the following educational requirements at 3836 a college or university, the geological curricula of which meet 3837 the criteria established by an accrediting agency recognized by 3838 the United States Department of Education: 3839 1.Graduation from such college or university with a major 3840 in geology or other related science acceptable to the department 3841 board; and 3842 2.Satisfactory completion of at least 30 semester hours or 3843 45 quarter hours of geological coursework. 3844 (e)Has at least 5 years of verified professional 3845 geological work experience, which includes a minimum of 3 years 3846 of professional geological work under the supervision of a 3847 licensed or qualified geologist or professional engineer 3848 registered under chapter 471 as qualified in the field or 3849 discipline of professional engineering work performed; or has a 3850 minimum of 5 accumulative years of verified geological work 3851 experience in responsible charge of geological work as 3852 determined by the department board. 3853 (2)The department shall issue a license to practice 3854 professional geology to any person who has: 3855 (a)Paid the appropriate license fee; 3856 (b)Been certified by the department board as qualified to 3857 practice professional geology; and 3858 (c)Passed the written licensure examination; provided that 3859 applicants meeting the other requirements of this section may be 3860 licensed without written examination if application is made in 3861 proper form within 1 calendar year of October 1, 1987. 3862 Section 106.Section 492.106, Florida Statutes, is amended 3863 to read: 3864 492.106Provisional licenses.The department may provide a 3865 provisional license to any person who is not a resident of and 3866 has not established a place of business in this state, and who 3867 is duly licensed in another state, territory, or possession of 3868 the United States, or in the District of Columbia, and who has 3869 qualifications which the department board, upon advice of a 3870 committee of the board, deems comparable to those required of 3871 professional geologists in this state, upon written application 3872 accompanied by the proper application fee, offered prior to the 3873 practice of professional geology in this state, under the 3874 following restrictions: 3875 (1)Satisfactory proof of licensure as required above shall 3876 include the name, residence address, business address, and 3877 certification of the license of the applicant from the issuing 3878 state, together with the name and address of the authority 3879 issuing such license. 3880 (2)The practice of professional geology under a 3881 provisional license may shall not exceed 1 year. 3882 (3)The practice of professional geology under a 3883 provisional license shall be confined to one specified project. 3884 Such license may not be renewed or reissued for 5 years from the 3885 date of original issuance. 3886 (4)A written statement shall be furnished to the 3887 department within 60 days after of completion of the work, 3888 indicating the time engaged and the nature of the work. A person 3889 holding a provisional license shall exhibit such provisional 3890 license each time and on each occasion that an indication of 3891 licensure is required. 3892 Section 107.Subsection (1) of section 492.107, Florida 3893 Statutes, is amended to read: 3894 492.107Seals. 3895 (1)The department board shall prescribe, by rule, a form 3896 of seal, including its electronic form, to be used by persons 3897 holding valid licenses. All geological papers, reports, and 3898 documents prepared or issued by the licensee shall be signed, 3899 dated, and sealed by the licensee who performed or is 3900 responsible for the supervision, direction, or control of the 3901 work contained in the papers, reports, or documents. Such 3902 signature, date, and seal shall be evidence of the authenticity 3903 of that to which they are affixed. Geological papers, reports, 3904 and documents prepared or issued by the licensee may be 3905 transmitted electronically provided they have been signed by the 3906 licensee, dated, and electronically sealed. It is unlawful for 3907 any person to sign or seal any document as a professional 3908 geologist unless that person holds a current, active license as 3909 a professional geologist which has not expired or been revoked 3910 or suspended, unless reinstated or reissued. 3911 Section 108.Subsection (1) of section 492.108, Florida 3912 Statutes, is amended to read: 3913 492.108Licensure by endorsement; requirements; fees. 3914 (1)The department shall issue a license by endorsement to 3915 any applicant who, upon applying to the department and remitting 3916 an application fee, has been certified by the department board 3917 that he or she: 3918 (a)Has met the qualifications for licensure in s. 3919 492.105(1)(b)-(e) and: 3920 1.Is the holder of an active license in good standing in a 3921 state, trust, territory, or possession of the United States. 3922 2.Was licensed through written examination in at least one 3923 state, trust, territory, or possession of the United States, the 3924 examination requirements of which have been approved by the 3925 department board as substantially equivalent to or more 3926 stringent than those of this state, and has received a score on 3927 such examination which is equal to or greater than the score 3928 required by this state for licensure by examination. 3929 3.Has taken and successfully passed the laws and rules 3930 portion of the examination required for licensure as a 3931 professional geologist in this state. 3932 (b)Has held a valid license to practice geology in another 3933 state, trust, territory, or possession of the United States for 3934 at least 10 years before the date of application and has 3935 successfully completed a state, regional, national, or other 3936 examination that is equivalent to or more stringent than the 3937 examination required by the department. If such applicant has 3938 met the requirements for a license by endorsement except 3939 successful completion of an examination that is equivalent to or 3940 more stringent than the examination required by the department 3941 board, such applicant may take the examination required by the 3942 department board. Such application must be submitted to the 3943 department board while the applicant holds a valid license in 3944 another state or territory or within 2 years after the 3945 expiration of such license. 3946 Section 109.Subsection (2) of section 492.1101, Florida 3947 Statutes, is amended to read: 3948 492.1101Inactive status. 3949 (2)The department board shall adopt promulgate rules 3950 relating to the reactivation of inactive licenses and shall 3951 prescribe by rule a fee for the reactivation of inactive 3952 licenses. 3953 Section 110.Subsection (1) of section 492.111, Florida 3954 Statutes, is amended to read: 3955 492.111Practice of professional geology by a firm, 3956 corporation, or partnership.The practice of, or offer to 3957 practice, professional geology by individual professional 3958 geologists licensed under the provisions of this chapter through 3959 a firm, corporation, or partnership offering geological services 3960 to the public through individually licensed professional 3961 geologists as agents, employees, officers, or partners thereof 3962 is permitted subject to the provisions of this chapter, if: 3963 (1)At all times that it offers geological services to the 3964 public, the firm, corporation, or partnership is qualified by 3965 one or more individuals who hold a current, active license as a 3966 professional geologist in this the state and are serving as a 3967 geologist of record for the firm, corporation, or partnership. A 3968 geologist of record may be any principal officer or employee of 3969 such firm or corporation, or any partner or employee of such 3970 partnership, who holds a current, active license as a 3971 professional geologist in this state, or any other Florida 3972 licensed professional geologist with whom the firm, corporation, 3973 or partnership has entered into a long-term, ongoing 3974 relationship, as defined by rule of the department board, to 3975 serve as one of its geologists of record. The geologist of 3976 record shall notify the department of any changes in the 3977 relationship or identity of that geologist of record within 30 3978 days after such change. 3979 Section 111.Paragraph (k) of subsection (1) and 3980 subsections (2), (3), and (4) of section 492.113, Florida 3981 Statutes, are amended to read: 3982 492.113Disciplinary proceedings. 3983 (1)The following acts constitute grounds for which the 3984 disciplinary actions in subsection (3) may be taken: 3985 (k)Violating a rule of the department or board or any 3986 order of the department or board previously entered in a 3987 disciplinary hearing. 3988 (2)The department board shall specify, by rule, what acts 3989 or omissions constitute a violation of subsection (1). 3990 (3)When the department board finds any person guilty of 3991 any of the grounds set forth in subsection (1), it may enter an 3992 order imposing one or more of the following penalties: 3993 (a)Denial of an application for licensure. 3994 (b)Revocation or suspension of a license. 3995 (c)Imposition of an administrative fine not to exceed 3996 $1,000 for each count or separate offense. 3997 (d)Issuance of a reprimand. 3998 (e)Placement of the licensee on probation for a period of 3999 time and subject to such conditions as the department board may 4000 specify. 4001 (f)Restriction of the authorized scope of practice by the 4002 licensee. 4003 (4)The department shall reissue the license of a 4004 disciplined professional geologist upon verification 4005 certification by the board that the disciplined person has 4006 complied with the terms and conditions set forth in the final 4007 order. 4008 Section 112.Subsection (7) of section 558.002, Florida 4009 Statutes, is amended to read: 4010 558.002Definitions.As used in this chapter, the term: 4011 (7)Design professional means a person, as defined in s. 4012 1.01, who is licensed in this state as an architect, a landscape 4013 architect, an engineer, a surveyor, or a geologist or who is a 4014 registered interior designer, as defined in s. 481.203. 4015 Section 113.Paragraph (bb) of subsection (1) of section 4016 125.01, Florida Statutes, is amended to read: 4017 125.01Powers and duties. 4018 (1)The legislative and governing body of a county shall 4019 have the power to carry on county government. To the extent not 4020 inconsistent with general or special law, this power includes, 4021 but is not restricted to, the power to: 4022 (bb)Enforce the Florida Building Code as provided in s. 4023 553.80 and adopt and enforce local technical amendments to the 4024 Florida Building Code as provided in s. 553.73(5) s. 553.73(4). 4025 Section 114.Subsection (1) of section 125.56, Florida 4026 Statutes, is amended to read: 4027 125.56Enforcement and amendment of the Florida Building 4028 Code and the Florida Fire Prevention Code; inspection fees; 4029 inspectors; etc. 4030 (1)The board of county commissioners of each of the 4031 several counties of the state may enforce the Florida Building 4032 Code and the Florida Fire Prevention Code as provided in ss. 4033 553.80, 633.206, and 633.208 and, at its discretion, adopt local 4034 technical amendments to the Florida Building Code as provided in 4035 s. 553.73(5) s. 553.73(4) and local technical amendments to the 4036 Florida Fire Prevention Code as provided in s. 633.202 to 4037 provide for the safe construction, erection, alteration, repair, 4038 securing, and demolition of any building within its territory 4039 outside the corporate limits of any municipality. Upon a 4040 determination to consider amending the Florida Building Code or 4041 the Florida Fire Prevention Code by a majority of the members of 4042 the board of county commissioners of such county, the board 4043 shall call a public hearing and comply with the public notice 4044 requirements of s. 125.66(2). The board shall hear all 4045 interested parties at the public hearing and may then amend the 4046 building code or the fire code consistent with the terms and 4047 purposes of this act. Upon adoption, an amendment to the code 4048 shall be in full force and effect throughout the unincorporated 4049 area of such county until otherwise notified by the Florida 4050 Building Commission under s. 553.73 or the State Fire Marshal 4051 under s. 633.202. This subsection does not prevent the board of 4052 county commissioners from repealing such amendment to the 4053 building code or the fire code at any regular meeting of such 4054 board. 4055 Section 115.Paragraph (uuu) of subsection (7) of section 4056 212.08, Florida Statutes, is amended to read: 4057 212.08Sales, rental, use, consumption, distribution, and 4058 storage tax; specified exemptions.The sale at retail, the 4059 rental, the use, the consumption, the distribution, and the 4060 storage to be used or consumed in this state of the following 4061 are hereby specifically exempt from the tax imposed by this 4062 chapter. 4063 (7)MISCELLANEOUS EXEMPTIONS.Exemptions provided to any 4064 entity by this chapter do not inure to any transaction that is 4065 otherwise taxable under this chapter when payment is made by a 4066 representative or employee of the entity by any means, 4067 including, but not limited to, cash, check, or credit card, even 4068 when that representative or employee is subsequently reimbursed 4069 by the entity. In addition, exemptions provided to any entity by 4070 this subsection do not inure to any transaction that is 4071 otherwise taxable under this chapter unless the entity has 4072 obtained a sales tax exemption certificate from the department 4073 or the entity obtains or provides other documentation as 4074 required by the department. Eligible purchases or leases made 4075 with such a certificate must be in strict compliance with this 4076 subsection and departmental rules, and any person who makes an 4077 exempt purchase with a certificate that is not in strict 4078 compliance with this subsection and the rules is liable for and 4079 shall pay the tax. The department may adopt rules to administer 4080 this subsection. 4081 (uuu)Small private investigative agencies. 4082 1.As used in this paragraph, the term: 4083 a.Private investigation services has the same meaning as 4084 private investigation, as defined in s. 493.6101(17). 4085 b.Small private investigative agency means a private 4086 investigator licensed under s. 493.6201 which: 4087 (I)Employs three or fewer full-time or part-time 4088 employees, including those performing services pursuant to an 4089 employee leasing arrangement as defined in s. 468.520 s. 4090 468.520(4), in total; and 4091 (II)During the previous calendar year, performed private 4092 investigation services otherwise taxable under this chapter in 4093 which the charges for the services performed were less than 4094 $150,000 for all its businesses related through common 4095 ownership. 4096 2.The sale of private investigation services by a small 4097 private investigative agency to a client is exempt from the tax 4098 imposed by this chapter. 4099 3.The exemption provided by this paragraph may not apply 4100 in the first calendar year a small private investigative agency 4101 conducts sales of private investigation services taxable under 4102 this chapter. 4103 Section 116.Paragraph (a) of subsection (19) of section 4104 440.02, Florida Statutes, is amended to read: 4105 440.02Definitions.When used in this chapter, unless the 4106 context clearly requires otherwise, the following terms shall 4107 have the following meanings: 4108 (19)(a)Employer means the state and all political 4109 subdivisions thereof, all public and quasi-public corporations 4110 therein, every person carrying on any employment, and the legal 4111 representative of a deceased person or the receiver or trustees 4112 of any person. The term also includes employee leasing 4113 companies, as defined in s. 468.520 s. 468.520(5), and 4114 employment agencies that provide their own employees to other 4115 persons. If the employer is a corporation, parties in actual 4116 control of the corporation, including, but not limited to, the 4117 president, officers who exercise broad corporate powers, 4118 directors, and all shareholders who directly or indirectly own a 4119 controlling interest in the corporation, are considered the 4120 employer for the purposes of ss. 440.105, 440.106, and 440.107. 4121 Section 117.Subsections (7), (8), and (9) of section 4122 477.0135, Florida Statutes, are amended to read: 4123 477.0135Exemptions. 4124 (7)A license or registration is not required for a person 4125 whose occupation or practice is confined solely to hair braiding 4126 as defined in s. 477.013 s. 477.013(9). 4127 (8)A license or registration is not required for a person 4128 whose occupation or practice is confined solely to hair wrapping 4129 as defined in s. 477.013 s. 477.013(10). 4130 (9)A license or registration is not required for a person 4131 whose occupation or practice is confined solely to body wrapping 4132 as defined in s. 477.013 s. 477.013(12). 4133 Section 118.Section 448.26, Florida Statutes, is amended 4134 to read: 4135 448.26Application.Nothing in this part shall exempt any 4136 client of any labor pool or temporary help arrangement entity as 4137 defined in s. 468.520(5)(a) s. 468.520(4)(a) or any assigned 4138 employee from any other license requirements of state, local, or 4139 federal law. Any employee assigned to a client who is licensed, 4140 registered, or certified pursuant to law shall be deemed an 4141 employee of the client for such licensure purposes but shall 4142 remain an employee of the labor pool or temporary help 4143 arrangement entity for purposes of chapters 440 and 443. 4144 Section 119.Subsection (24) of section 489.103, Florida 4145 Statutes, is amended to read: 4146 489.103Exemptions.This part does not apply to: 4147 (24)A member of the Miccosukee Tribe of Indians of Florida 4148 or the Seminole Tribe of Florida when constructing chickees as 4149 described in s. 553.73(11)(i) s. 553.73(10)(i). 4150 Section 120.Subsection (2) of section 553.775, Florida 4151 Statutes, is amended to read: 4152 553.775Interpretations. 4153 (2)Local enforcement agencies, local building officials, 4154 state agencies, and the commission shall interpret provisions of 4155 the Florida Building Code and the Florida Accessibility Code for 4156 Building Construction in a manner that is consistent with 4157 declaratory statements and interpretations entered by the 4158 commission, except that conflicts between the Florida Fire 4159 Prevention Code and the Florida Building Code shall be resolved 4160 in accordance with s. 553.73(12)(c) and (d) s. 553.73(11)(c) and 4161 (d). 4162 Section 121.Subsection (4) of section 553.79, Florida 4163 Statutes, is amended to read: 4164 553.79Permits; applications; issuance; inspections. 4165 (4)The Florida Building Code, after the effective date of 4166 adoption pursuant to the provisions of this part, may be 4167 modified by local governments to require more stringent 4168 standards than those specified in the Florida Building Code, 4169 provided the conditions of s. 553.73(5) s. 553.73(4) are met. 4170 Section 122.Subsection (5) of section 553.844, Florida 4171 Statutes, is amended to read: 4172 553.844Windstorm loss mitigation; requirements for roofs 4173 and opening protection. 4174 (5)Notwithstanding any provision in the Florida Building 4175 Code to the contrary, if an existing roofing system or roof 4176 section was built, repaired, or replaced in compliance with the 4177 requirements of the 2007 Florida Building Code, or any 4178 subsequent editions of the Florida Building Code, and 25 percent 4179 or more of such roofing system or roof section is being 4180 repaired, replaced, or recovered, only the repaired, replaced, 4181 or recovered portion is required to be constructed in accordance 4182 with the Florida Building Code in effect, as applicable. The 4183 Florida Building Commission shall adopt this exception by rule 4184 and incorporate it in the Florida Building Code. Notwithstanding 4185 s. 553.73(5) s. 553.73(4), a local government may not adopt by 4186 ordinance an administrative or technical amendment to this 4187 exception. 4188 Section 123.Subsection (2) of section 569.34, Florida 4189 Statutes, is amended to read: 4190 569.34Operating without a retail nicotine products dealer 4191 permit; penalty. 4192 (2)A retail tobacco products dealer, as defined in s. 4193 569.002 s. 569.002(4), is not required to have a separate or 4194 additional retail nicotine products dealer permit to deal, at 4195 retail, in nicotine products within this the state, or allow a 4196 nicotine products vending machine to be located on its premises 4197 in this the state. Any retail tobacco products dealer that 4198 deals, at retail, in nicotine products or allows a nicotine 4199 products vending machine to be located on its premises in this 4200 the state, is subject to, and must be in compliance with, this 4201 part. 4202 Section 124.Section 569.35, Florida Statutes, is amended 4203 to read: 4204 569.35Retail nicotine product dealers; administrative 4205 penalties.The division may suspend or revoke the permit of a 4206 dealer, including the retail tobacco products dealer permit of a 4207 retail tobacco products dealer as defined in s. 569.002 s. 4208 569.002(4), upon sufficient cause appearing of the violation of 4209 any of the provisions of this part or any violation of the laws 4210 of this state or any state or territory of the United States, by 4211 a dealer, or by a dealers agent or employee. The division may 4212 also assess and accept an administrative fine of up to $1,000 4213 against a dealer for each violation. The division shall deposit 4214 all fines collected into the General Revenue Fund as collected. 4215 An order imposing an administrative fine becomes effective 15 4216 days after the date of the order. The division may suspend the 4217 imposition of a penalty against a dealer, conditioned upon the 4218 dealers compliance with terms the division considers 4219 appropriate. 4220 Section 125.Paragraph (d) of subsection (2) of section 4221 604.50, Florida Statutes, is amended to read: 4222 604.50Nonresidential farm buildings; farm fences; farm 4223 signs. 4224 (2)As used in this section, the term: 4225 (d)Nonresidential farm building means any temporary or 4226 permanent building or support structure that is classified as a 4227 nonresidential farm building on a farm under s. 553.73(11)(c) s. 4228 553.73(10)(c) or that is used primarily for agricultural 4229 purposes, is located on land that is an integral part of a farm 4230 operation or is classified as agricultural land under s. 4231 193.461, and is not intended to be used as a residential 4232 dwelling. The term may include, but is not limited to, a barn, 4233 greenhouse, shade house, farm office, storage building, or 4234 poultry house. 4235 Section 126.Paragraph (a) of subsection (2) of section 4236 627.192, Florida Statutes, is amended to read: 4237 627.192Workers compensation insurance; employee leasing 4238 arrangements. 4239 (2)For purposes of the Florida Insurance Code: 4240 (a)Employee leasing shall have the same meaning as set 4241 forth in s. 468.520 s. 468.520(4). 4242 Section 127.For the purpose of incorporating the amendment 4243 made by this act to section 20.165, Florida Statutes, in a 4244 reference thereto, paragraph (c) of subsection (3) of section 4245 120.54, Florida Statutes, is reenacted to read: 4246 120.54Rulemaking. 4247 (3)ADOPTION PROCEDURES. 4248 (c)Hearings. 4249 1.If the intended action concerns any rule other than one 4250 relating exclusively to procedure or practice, the agency shall, 4251 on the request of any affected person received within 21 days 4252 after the date of publication of the notice of intended agency 4253 action, give affected persons an opportunity to present evidence 4254 and argument on all issues under consideration. The agency may 4255 schedule a public hearing on the rule and, if requested by any 4256 affected person, shall schedule a public hearing on the rule. 4257 When a public hearing is held, the agency must ensure that staff 4258 are available to explain the agencys proposal and to respond to 4259 questions or comments regarding the rule. If the agency head is 4260 a board or other collegial body created under s. 20.165(4) or s. 4261 20.43(3)(g), and one or more requested public hearings is 4262 scheduled, the board or other collegial body shall conduct at 4263 least one of the public hearings itself and may not delegate 4264 this responsibility without the consent of those persons 4265 requesting the public hearing. Any material pertinent to the 4266 issues under consideration submitted to the agency within 21 4267 days after the date of publication of the notice or submitted to 4268 the agency between the date of publication of the notice and the 4269 end of the final public hearing shall be considered by the 4270 agency and made a part of the record of the rulemaking 4271 proceeding. 4272 2.Rulemaking proceedings shall be governed solely by the 4273 provisions of this section unless a person timely asserts that 4274 the persons substantial interests will be affected in the 4275 proceeding and affirmatively demonstrates to the agency that the 4276 proceeding does not provide adequate opportunity to protect 4277 those interests. If the agency determines that the rulemaking 4278 proceeding is not adequate to protect the persons interests, it 4279 shall suspend the rulemaking proceeding and convene a separate 4280 proceeding under the provisions of ss. 120.569 and 120.57. 4281 Similarly situated persons may be requested to join and 4282 participate in the separate proceeding. Upon conclusion of the 4283 separate proceeding, the rulemaking proceeding shall be resumed. 4284 Section 128.For the purpose of incorporating the amendment 4285 made by this act to section 20.165, Florida Statutes, in 4286 references thereto, paragraph (b) of subsection (2) and 4287 paragraph (a) of subsection (3) of section 120.74, Florida 4288 Statutes, are reenacted to read: 4289 120.74Agency annual rulemaking and regulatory plans; 4290 reports. 4291 (2)PUBLICATION AND DELIVERY TO THE COMMITTEE. 4292 (b)To satisfy the requirements of paragraph (a), a board 4293 established under s. 20.165(4), and any other board or 4294 commission receiving administrative support from the Department 4295 of Business and Professional Regulation, may coordinate with the 4296 Department of Business and Professional Regulation, and a board 4297 established under s. 20.43(3)(g) may coordinate with the 4298 Department of Health, for inclusion of the boards or 4299 commissions plan and notice of publication in the coordinating 4300 departments plan and notice and for the delivery of the 4301 required documentation to the committee. 4302 (3)DEPARTMENT REVIEW OF BOARD PLAN.By October 15 of each 4303 year: 4304 (a)For each board established under s. 20.165(4) and any 4305 other board or commission receiving administrative support from 4306 the Department of Business and Professional Regulation, the 4307 Department of Business and Professional Regulation shall file 4308 with the committee a certification that the department has 4309 reviewed each boards and commissions regulatory plan. A 4310 certification may relate to more than one board or commission. 4311 Section 129.For the purpose of incorporating the amendment 4312 made by this act to section 20.165, Florida Statutes, in a 4313 reference thereto, subsection (3) of section 468.4315, Florida 4314 Statutes, is reenacted to read: 4315 468.4315Regulatory Council of Community Association 4316 Managers. 4317 (3)To the extent the council is authorized to exercise 4318 functions otherwise exercised by a board pursuant to chapter 4319 455, the provisions of chapter 455 and s. 20.165 relating to 4320 regulatory boards shall apply, including, but not limited to, 4321 provisions relating to board rules and the accountability and 4322 liability of board members. All proceedings and actions of the 4323 council are subject to the provisions of chapter 120. In 4324 addition, the provisions of chapter 455 and s. 20.165 shall 4325 apply to the department in carrying out the duties and 4326 authorities conferred upon the department by this part. 4327 Section 130.For the purpose of incorporating the amendment 4328 made by this act to section 20.165, Florida Statutes, in a 4329 reference thereto, section 468.523, Florida Statutes, is 4330 reenacted to read: 4331 468.523Applicability of s. 20.165 and ch. 455.All 4332 provisions of s. 20.165 and chapter 455 relating to activities 4333 of regulatory boards shall apply. 4334 Section 131.For the purpose of incorporating the amendment 4335 made by this act to section 448.095, Florida Statutes, in a 4336 reference thereto, subsection (2) of section 448.09, Florida 4337 Statutes, is reenacted to read: 4338 448.09Unauthorized aliens; employment prohibited. 4339 (2)If the Department of Commerce finds or is notified by 4340 an entity specified in s. 448.095(3)(a) that an employer has 4341 knowingly employed an unauthorized alien without verifying the 4342 employment eligibility of such person, the department must enter 4343 an order pursuant to chapter 120 making such determination and 4344 require repayment of any economic development incentive pursuant 4345 to s. 288.061(6). 4346 Section 132.For the purpose of incorporating the amendment 4347 made by this act to section 481.219, Florida Statutes, in a 4348 reference thereto, paragraph (h) of subsection (2) of section 4349 287.055, Florida Statutes, is reenacted to read: 4350 287.055Acquisition of professional architectural, 4351 engineering, landscape architectural, or surveying and mapping 4352 services; definitions; procedures; contingent fees prohibited; 4353 penalties. 4354 (2)DEFINITIONS.For purposes of this section: 4355 (h)A design-build firm means a partnership, corporation, 4356 or other legal entity that: 4357 1.Is certified under s. 489.119 to engage in contracting 4358 through a certified or registered general contractor or a 4359 certified or registered building contractor as the qualifying 4360 agent; or 4361 2.Is qualified under s. 471.023 to practice or to offer to 4362 practice engineering; qualified under s. 481.219 to practice or 4363 to offer to practice architecture; or qualified under s. 481.319 4364 to practice or to offer to practice landscape architecture. 4365 Section 133.For the purpose of incorporating the amendment 4366 made by this act to sections 481.221 and 481.223, Florida 4367 Statutes, in references thereto, paragraph (a) of subsection (1) 4368 of section 481.225, Florida Statutes, is reenacted to read: 4369 481.225Disciplinary proceedings against registered 4370 architects. 4371 (1)The following acts constitute grounds for which the 4372 disciplinary actions in subsection (3) may be taken: 4373 (a)Violating any provision of s. 455.227(1), s. 481.221, 4374 or s. 481.223, or any rule of the board or department lawfully 4375 adopted pursuant to this part or chapter 455. 4376 Section 134.For the purpose of incorporating the amendment 4377 made by this act to section 481.229, Florida Statutes, in a 4378 reference thereto, subsection (4) of section 1013.45, Florida 4379 Statutes, is reenacted to read: 4380 1013.45Educational facilities contracting and construction 4381 techniques for school districts and Florida College System 4382 institutions. 4383 (4)Except as otherwise provided in this section and s. 4384 481.229, the services of a registered architect must be used for 4385 the development of plans for the erection, enlargement, or 4386 alteration of any educational facility. The services of a 4387 registered architect are not required for a minor renovation 4388 project for which the construction cost is less than $50,000 or 4389 for the placement or hookup of relocatable educational 4390 facilities that conform to standards adopted under s. 1013.37. 4391 However, boards must provide compliance with building code 4392 requirements and ensure that these structures are adequately 4393 anchored for wind resistance as required by law. A district 4394 school board shall reuse existing construction documents or 4395 design criteria packages if such reuse is feasible and 4396 practical. If a school districts 5-year educational facilities 4397 work plan includes the construction of two or more new schools 4398 for students in the same grade group and program, such as 4399 elementary, middle, or high school, the district school board 4400 must require that prototype design and construction be used for 4401 the construction of these schools. Notwithstanding s. 287.055, a 4402 board may purchase the architectural services for the design of 4403 educational or ancillary facilities under an existing contract 4404 agreement for professional services held by a district school 4405 board in the State of Florida, provided that the purchase is to 4406 the economic advantage of the purchasing board, the services 4407 conform to the standards prescribed by rules of the State Board 4408 of Education, and such reuse is not without notice to, and 4409 permission from, the architect of record whose plans or design 4410 criteria are being reused. Plans must be reviewed for compliance 4411 with the State Requirements for Educational Facilities. Rules 4412 adopted under this section must establish uniform 4413 prequalification, selection, bidding, and negotiation procedures 4414 applicable to construction management contracts and the design 4415 build process. This section does not supersede any small, woman 4416 owned, or minority-owned business enterprise preference program 4417 adopted by a board. Except as otherwise provided in this 4418 section, the negotiation procedures applicable to construction 4419 management contracts and the design-build process must conform 4420 to the requirements of s. 287.055. A board may not modify any 4421 rules regarding construction management contracts or the design 4422 build process. 4423 Section 135.For the purpose of incorporating the amendment 4424 made by this act to section 499.012, Florida Statutes, in a 4425 reference thereto, paragraph (b) of subsection (1) of section 4426 499.067, Florida Statutes, is reenacted to read: 4427 499.067Denial, suspension, or revocation of permit, 4428 certification, or registration. 4429 (1) 4430 (b)The department may deny an application for a permit or 4431 certification, or suspend or revoke a permit or certification, 4432 if the department finds that: 4433 1.The applicant is not of good moral character or that it 4434 would be a danger or not in the best interest of the public 4435 health, safety, and welfare if the applicant were issued a 4436 permit or certification. 4437 2.The applicant has not met the requirements for the 4438 permit or certification. 4439 3.The applicant is not eligible for a permit or 4440 certification for any of the reasons enumerated in s. 499.012. 4441 4.The applicant, permittee, or person certified under s. 4442 499.012(15) demonstrates any of the conditions enumerated in s. 4443 499.012. 4444 5.The applicant, permittee, or person certified under s. 4445 499.012(15) has committed any violation of this chapter. 4446 Section 136.For the purpose of incorporating the amendment 4447 made by this act to section 499.0121, Florida Statutes, in a 4448 reference thereto, paragraph (f) of subsection (3) of section 4449 458.3265, Florida Statutes, is reenacted to read: 4450 458.3265Pain-management clinics. 4451 (3)PHYSICIAN RESPONSIBILITIES.These responsibilities 4452 apply to any physician who provides professional services in a 4453 pain-management clinic that is required to be registered in 4454 subsection (1). 4455 (f)Each physician practicing in a pain-management clinic 4456 is responsible for ensuring compliance with the following 4457 facility and physical operations requirements: 4458 1.A pain-management clinic shall be located and operated 4459 at a publicly accessible fixed location and must: 4460 a.Display a sign that can be viewed by the public that 4461 contains the clinic name, hours of operations, and a street 4462 address. 4463 b.Have a publicly listed telephone number and a dedicated 4464 phone number to send and receive faxes with a fax machine that 4465 shall be operational 24 hours per day. 4466 c.Have emergency lighting and communications. 4467 d.Have a reception and waiting area. 4468 e.Provide a restroom. 4469 f.Have an administrative area, including room for storage 4470 of medical records, supplies, and equipment. 4471 g.Have private patient examination rooms. 4472 h.Have treatment rooms, if treatment is being provided to 4473 the patients. 4474 i.Display a printed sign located in a conspicuous place in 4475 the waiting room viewable by the public with the name and 4476 contact information of the clinics designated physician and the 4477 names of all physicians practicing in the clinic. 4478 j.If the clinic stores and dispenses prescription drugs, 4479 comply with ss. 499.0121 and 893.07. 4480 2.This section does not excuse a physician from providing 4481 any treatment or performing any medical duty without the proper 4482 equipment and materials as required by the standard of care. 4483 This section does not supersede the level of care, skill, and 4484 treatment recognized in general law related to health care 4485 licensure. 4486 Section 137.For the purpose of incorporating the amendment 4487 made by this act to section 499.0121, Florida Statutes, in a 4488 reference thereto, paragraph (f) of subsection (3) of section 4489 459.0137, Florida Statutes, is reenacted to read: 4490 459.0137Pain-management clinics. 4491 (3)PHYSICIAN RESPONSIBILITIES.These responsibilities 4492 apply to any osteopathic physician who provides professional 4493 services in a pain-management clinic that is required to be 4494 registered in subsection (1). 4495 (f)Each osteopathic physician practicing in a pain 4496 management clinic is responsible for ensuring compliance with 4497 the following facility and physical operations requirements: 4498 1.A pain-management clinic shall be located and operated 4499 at a publicly accessible fixed location and must: 4500 a.Display a sign that can be viewed by the public that 4501 contains the clinic name, hours of operations, and a street 4502 address. 4503 b.Have a publicly listed telephone number and a dedicated 4504 phone number to send and receive faxes with a fax machine that 4505 shall be operational 24 hours per day. 4506 c.Have emergency lighting and communications. 4507 d.Have a reception and waiting area. 4508 e.Provide a restroom. 4509 f.Have an administrative area including room for storage 4510 of medical records, supplies, and equipment. 4511 g.Have private patient examination rooms. 4512 h.Have treatment rooms, if treatment is being provided to 4513 the patient. 4514 i.Display a printed sign located in a conspicuous place in 4515 the waiting room viewable by the public with the name and 4516 contact information of the clinic-designated physician and the 4517 names of all physicians practicing in the clinic. 4518 j.If the clinic stores and dispenses prescription drugs, 4519 comply with ss. 499.0121 and 893.07. 4520 2.This section does not excuse an osteopathic physician 4521 from providing any treatment or performing any medical duty 4522 without the proper equipment and materials as required by the 4523 standard of care. This section does not supersede the level of 4524 care, skill, and treatment recognized in general law related to 4525 health care licensure. 4526 Section 138.For the purpose of incorporating the amendment 4527 made by this act to section 499.0121, Florida Statutes, in 4528 references thereto, paragraphs (a), (c), (h), (j) through (m), 4529 and (q) of subsection (2) of section 499.01, Florida Statutes, 4530 are reenacted to read: 4531 499.01Permits. 4532 (2)The following permits are established: 4533 (a)Prescription drug manufacturer permit.A prescription 4534 drug manufacturer permit is required for any person that is a 4535 manufacturer of a prescription drug and that manufactures or 4536 distributes such prescription drugs in this state. 4537 1.A person that operates an establishment permitted as a 4538 prescription drug manufacturer may engage in distribution of 4539 prescription drugs for which the person is the manufacturer and 4540 must comply with s. 499.0121 and all other provisions of this 4541 part and rules adopted under this part. The department shall 4542 adopt rules for issuing a virtual prescription drug manufacturer 4543 permit to a person who engages in the manufacture of 4544 prescription drugs but does not make or take physical possession 4545 of any prescription drugs. The rules adopted by the department 4546 under this section may exempt virtual manufacturers from certain 4547 establishment, security, and storage requirements set forth in 4548 s. 499.0121. 4549 2.A prescription drug manufacturer must comply with all 4550 appropriate state and federal good manufacturing practices. 4551 3.A blood establishment, as defined in s. 381.06014, 4552 operating in a manner consistent with the provisions of 21 4553 C.F.R. parts 211 and 600-640, and manufacturing only the 4554 prescription drugs described in s. 499.003(48)(j) is not 4555 required to be permitted as a prescription drug manufacturer 4556 under this paragraph or to register products under s. 499.015. 4557 (c)Nonresident prescription drug manufacturer permit.A 4558 nonresident prescription drug manufacturer permit is required 4559 for any person that is a manufacturer of prescription drugs, 4560 unless permitted as a third party logistics provider, located 4561 outside of this state or outside the United States and that 4562 engages in the distribution in this state of such prescription 4563 drugs. Each such manufacturer must be permitted by the 4564 department and comply with all of the provisions required of a 4565 prescription drug manufacturer under this part. The department 4566 shall adopt rules for issuing a virtual nonresident prescription 4567 drug manufacturer permit to a person who engages in the 4568 manufacture of prescription drugs but does not make or take 4569 physical possession of any prescription drugs. The rules adopted 4570 by the department under this section may exempt virtual 4571 nonresident manufacturers from certain establishment, security, 4572 and storage requirements set forth in s. 499.0121. 4573 1.A person that distributes prescription drugs for which 4574 the person is not the manufacturer must also obtain an out-of 4575 state prescription drug wholesale distributor permit or third 4576 party logistics provider permit pursuant to this section to 4577 engage in the distribution of such prescription drugs when 4578 required by this part. This subparagraph does not apply to a 4579 manufacturer that distributes prescription drugs only for the 4580 manufacturer of the prescription drugs where both manufacturers 4581 are affiliates. 4582 2.Any such person must comply with the licensing or 4583 permitting requirements of the jurisdiction in which the 4584 establishment is located and the federal act, and any 4585 prescription drug distributed into this state must comply with 4586 this part. If a person intends to import prescription drugs from 4587 a foreign country into this state, the nonresident prescription 4588 drug manufacturer must provide to the department a list 4589 identifying each prescription drug it intends to import and 4590 document approval by the United States Food and Drug 4591 Administration for such importation. 4592 (h)Restricted prescription drug distributor permit. 4593 1.A restricted prescription drug distributor permit is 4594 required for: 4595 a.Any person located in this state who engages in the 4596 distribution of a prescription drug, which distribution is not 4597 considered wholesale distribution under s. 499.003(48)(a). 4598 b.Any person located in this state who engages in the 4599 receipt or distribution of a prescription drug in this state for 4600 the purpose of processing its return or its destruction if such 4601 person is not the person initiating the return, the prescription 4602 drug wholesale supplier of the person initiating the return, or 4603 the manufacturer of the drug. 4604 c.A blood establishment located in this state which 4605 collects blood and blood components only from volunteer donors 4606 as defined in s. 381.06014 or pursuant to an authorized 4607 practitioners order for medical treatment or therapy and 4608 engages in the wholesale distribution of a prescription drug not 4609 described in s. 499.003(48)(j) to a health care entity. A mobile 4610 blood unit operated by a blood establishment permitted under 4611 this sub-subparagraph is not required to be separately 4612 permitted. The health care entity receiving a prescription drug 4613 distributed under this sub-subparagraph must be licensed as a 4614 closed pharmacy or provide health care services at that 4615 establishment. The blood establishment must operate in 4616 accordance with s. 381.06014 and may distribute only: 4617 (I)Prescription drugs indicated for a bleeding or clotting 4618 disorder or anemia; 4619 (II)Blood-collection containers approved under s. 505 of 4620 the federal act; 4621 (III)Drugs that are blood derivatives, or a recombinant or 4622 synthetic form of a blood derivative; 4623 (IV)Prescription drugs that are identified in rules 4624 adopted by the department and that are essential to services 4625 performed or provided by blood establishments and authorized for 4626 distribution by blood establishments under federal law; or 4627 (V)To the extent authorized by federal law, drugs 4628 necessary to collect blood or blood components from volunteer 4629 blood donors; for blood establishment personnel to perform 4630 therapeutic procedures under the direction and supervision of a 4631 licensed physician; and to diagnose, treat, manage, and prevent 4632 any reaction of a volunteer blood donor or a patient undergoing 4633 a therapeutic procedure performed under the direction and 4634 supervision of a licensed physician, 4635 4636 as long as all of the health care services provided by the blood 4637 establishment are related to its activities as a registered 4638 blood establishment or the health care services consist of 4639 collecting, processing, storing, or administering human 4640 hematopoietic stem cells or progenitor cells or performing 4641 diagnostic testing of specimens if such specimens are tested 4642 together with specimens undergoing routine donor testing. The 4643 blood establishment may purchase and possess the drugs described 4644 in this sub-subparagraph without a health care clinic 4645 establishment permit. 4646 2.Storage, handling, and recordkeeping of these 4647 distributions by a person required to be permitted as a 4648 restricted prescription drug distributor must be in accordance 4649 with the requirements for wholesale distributors under s. 4650 499.0121. 4651 3.A person who applies for a permit as a restricted 4652 prescription drug distributor, or for the renewal of such a 4653 permit, must provide to the department the information required 4654 under s. 499.012. 4655 4.The department may adopt rules regarding the 4656 distribution of prescription drugs by hospitals, health care 4657 entities, charitable organizations, other persons not involved 4658 in wholesale distribution, and blood establishments, which rules 4659 are necessary for the protection of the public health, safety, 4660 and welfare. 4661 5.A restricted prescription drug distributor permit is not 4662 required for distributions between pharmacies that each hold an 4663 active permit under chapter 465, have a common ownership, and 4664 are operating in a freestanding end-stage renal dialysis clinic, 4665 if such distributions are made to meet the immediate emergency 4666 medical needs of specifically identified patients and do not 4667 occur with such frequency as to amount to the regular and 4668 systematic supplying of that drug between the pharmacies. The 4669 department shall adopt rules establishing when the distribution 4670 of a prescription drug under this subparagraph amounts to the 4671 regular and systematic supplying of that drug. 4672 6.A restricted prescription drug distributor permit is not 4673 required for distributing medicinal drugs or prepackaged drug 4674 products between entities under common control that each hold 4675 either an active Class III institutional pharmacy permit under 4676 chapter 465 or an active health care clinic establishment permit 4677 under paragraph (r). For purposes of this subparagraph, the term 4678 common control has the same meaning as in s. 499.003(48)(a)3. 4679 (j)Freight forwarder permit.A freight forwarder permit is 4680 required for any person that engages in the distribution of a 4681 prescription drug as a freight forwarder unless the person is a 4682 common carrier. The storage, handling, and recordkeeping of such 4683 distributions must comply with the requirements for wholesale 4684 distributors under s. 499.0121. A freight forwarder must provide 4685 the source of the prescription drugs with a validated airway 4686 bill, bill of lading, or other appropriate documentation to 4687 evidence the exportation of the product. 4688 (k)Veterinary prescription drug retail establishment 4689 permit.A veterinary prescription drug retail establishment 4690 permit is required for any person that sells veterinary 4691 prescription drugs to the public but does not include a pharmacy 4692 licensed under chapter 465. 4693 1.The sale to the public must be based on a valid written 4694 order from a veterinarian licensed in this state who has a valid 4695 client-veterinarian relationship with the purchasers animal. 4696 2.Veterinary prescription drugs may not be sold in excess 4697 of the amount clearly indicated on the order or beyond the date 4698 indicated on the order. 4699 3.An order may not be valid for more than 1 year. 4700 4.A veterinary prescription drug retail establishment may 4701 not purchase, sell, trade, or possess human prescription drugs 4702 or any controlled substance as defined in chapter 893. 4703 5.A veterinary prescription drug retail establishment must 4704 sell a veterinary prescription drug in the original, sealed 4705 manufacturers container with all labeling intact and legible. 4706 The department may adopt by rule additional labeling 4707 requirements for the sale of a veterinary prescription drug. 4708 6.A veterinary prescription drug retail establishment must 4709 comply with all of the wholesale distribution requirements of s. 4710 499.0121. 4711 7.Prescription drugs sold by a veterinary prescription 4712 drug retail establishment pursuant to a practitioners order may 4713 not be returned into the retail establishments inventory. 4714 (l)Veterinary prescription drug wholesale distributor 4715 permit.A veterinary prescription drug wholesale distributor 4716 permit is required for any person that engages in the 4717 distribution of veterinary prescription drugs in or into this 4718 state. A veterinary prescription drug wholesale distributor that 4719 also distributes prescription drugs subject to, defined by, or 4720 described by s. 503(b) of the Federal Food, Drug, and Cosmetic 4721 Act which it did not manufacture must obtain a permit as a 4722 prescription drug wholesale distributor, an out-of-state 4723 prescription drug wholesale distributor, or a limited 4724 prescription drug veterinary wholesale distributor in lieu of 4725 the veterinary prescription drug wholesale distributor permit. A 4726 veterinary prescription drug wholesale distributor must comply 4727 with the requirements for wholesale distributors under s. 4728 499.0121. 4729 (m)Limited prescription drug veterinary wholesale 4730 distributor permit.Unless engaging in the activities of and 4731 permitted as a prescription drug manufacturer, nonresident 4732 prescription drug manufacturer, prescription drug wholesale 4733 distributor, or out-of-state prescription drug wholesale 4734 distributor, a limited prescription drug veterinary wholesale 4735 distributor permit is required for any person that engages in 4736 the distribution in or into this state of veterinary 4737 prescription drugs and prescription drugs subject to, defined 4738 by, or described by s. 503(b) of the Federal Food, Drug, and 4739 Cosmetic Act under the following conditions: 4740 1.The person is engaged in the business of wholesaling 4741 prescription and veterinary prescription drugs to persons: 4742 a.Licensed as veterinarians practicing on a full-time 4743 basis; 4744 b.Regularly and lawfully engaged in instruction in 4745 veterinary medicine; 4746 c.Regularly and lawfully engaged in law enforcement 4747 activities; 4748 d.For use in research not involving clinical use; or 4749 e.For use in chemical analysis or physical testing or for 4750 purposes of instruction in law enforcement activities, research, 4751 or testing. 4752 2.No more than 30 percent of total annual prescription 4753 drug sales may be prescription drugs approved for human use 4754 which are subject to, defined by, or described by s. 503(b) of 4755 the Federal Food, Drug, and Cosmetic Act. 4756 3.The person does not distribute in any jurisdiction 4757 prescription drugs subject to, defined by, or described by s. 4758 503(b) of the Federal Food, Drug, and Cosmetic Act to any person 4759 who is authorized to sell, distribute, purchase, trade, or use 4760 these drugs on or for humans. 4761 4.A limited prescription drug veterinary wholesale 4762 distributor that applies to the department for a new permit or 4763 the renewal of a permit must submit a bond of $20,000, or other 4764 equivalent means of security acceptable to the department, such 4765 as an irrevocable letter of credit or a deposit in a trust 4766 account or financial institution, payable to the Professional 4767 Regulation Trust Fund. The purpose of the bond is to secure 4768 payment of any administrative penalties imposed by the 4769 department and any fees and costs incurred by the department 4770 regarding that permit which are authorized under state law and 4771 which the permittee fails to pay 30 days after the fine or costs 4772 become final. The department may make a claim against such bond 4773 or security until 1 year after the permittees license ceases to 4774 be valid or until 60 days after any administrative or legal 4775 proceeding authorized in this part which involves the permittee 4776 is concluded, including any appeal, whichever occurs later. 4777 5.A limited prescription drug veterinary wholesale 4778 distributor must maintain at all times a license or permit to 4779 engage in the wholesale distribution of prescription drugs in 4780 compliance with laws of the state in which it is a resident. 4781 6.A limited prescription drug veterinary wholesale 4782 distributor must comply with the requirements for wholesale 4783 distributors under s. 499.0121. 4784 7.A limited prescription drug veterinary wholesale 4785 distributor may not return to inventory for subsequent wholesale 4786 distribution any prescription drug subject to, defined by, or 4787 described by s. 503(b) of the Federal Food, Drug, and Cosmetic 4788 Act which has been returned by a veterinarian. 4789 8.A limited prescription drug veterinary wholesale 4790 distributor permit is not required for an intracompany sale or 4791 transfer of a prescription drug from an out-of-state 4792 establishment that is duly licensed to engage in the wholesale 4793 distribution of prescription drugs in its state of residence to 4794 a licensed limited prescription drug veterinary wholesale 4795 distributor in this state if both wholesale distributors conduct 4796 wholesale distributions of prescription drugs under the same 4797 business name. The recordkeeping requirements of s. 499.0121(6) 4798 must be followed for this transaction. 4799 (q)Third party logistics provider permit.A third party 4800 logistics provider permit is required for any person that 4801 contracts with a prescription drug wholesale distributor or 4802 prescription drug manufacturer to provide warehousing, 4803 distribution, or other logistics services on behalf of a 4804 manufacturer, wholesale distributor, or dispenser, but who does 4805 not take title to the prescription drug or have responsibility 4806 to direct the sale or disposition of the prescription drug. A 4807 third party logistics provider located outside of this state 4808 must be licensed in the state or territory from which the 4809 prescription drug is distributed by the third party logistics 4810 provider. If the state or territory from which the third party 4811 logistics provider originates does not require a license to 4812 operate as a third party logistics provider, the third party 4813 logistics provider must be licensed as a third party logistics 4814 provider as required by the federal act. Each third party 4815 logistics provider permittee shall comply with s. 499.0121 and 4816 other rules that the department requires. 4817 Section 139.For the purpose of incorporating the amendment 4818 made by this act to section 499.041, Florida Statutes, in a 4819 reference thereto, paragraph (a) of subsection (1) of section 4820 499.015, Florida Statutes, is reenacted to read: 4821 499.015Registration of drugs and devices; issuance of 4822 certificates of free sale. 4823 (1)(a)Except for those persons exempted from the 4824 definition of manufacturer in s. 499.003, any person who 4825 manufactures, packages, repackages, labels, or relabels a drug 4826 or device in this state must register such drug or device 4827 biennially with the department; pay a fee in accordance with the 4828 fee schedule provided by s. 499.041; and comply with this 4829 section. The registrant must list each separate and distinct 4830 drug or device at the time of registration. 4831 Section 140.For the purpose of incorporating the amendment 4832 made by this act to section 713.03, Florida Statutes, in a 4833 reference thereto, subsection (19) of section 713.01, Florida 4834 Statutes, is reenacted to read: 4835 713.01Definitions.As used in this part, the term: 4836 (19)Lienor means a person who is: 4837 (a)A contractor; 4838 (b)A subcontractor; 4839 (c)A sub-subcontractor; 4840 (d)A laborer; 4841 (e)A materialman who contracts with the owner, a 4842 contractor, a subcontractor, or a sub-subcontractor; or 4843 (f)A professional lienor under s. 713.03; 4844 4845 and who has a lien or prospective lien upon real property under 4846 this part, and includes his or her successor in interest. No 4847 other person may have a lien under this part. 4848 Section 141.For the purpose of incorporating the amendment 4849 made by this act to section 713.03, Florida Statutes, in a 4850 reference thereto, subsection (1) of section 713.02, Florida 4851 Statutes, is reenacted to read: 4852 713.02Types of lienors and exemptions. 4853 (1)Persons performing the services described in s. 713.03 4854 shall have rights to a lien on real property as provided in that 4855 section. 4856 Section 142.This act shall take effect July 1, 2025.