HB0607 • 2026

Industries and Professional Activities

Education

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Industries & Professional Activities Subcommittee ; Yarkosky
Last action: 2026-03-13
Official status: House - Died in Commerce Committee
Effective date: Except as

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Industries and Professional Activities

Industries and Professional Activities; Renames, removes, & redesignates specified boards, commissions, and councils established within DBPR; changes office locations of certain divisions; specifies that certain license application requirements apply only to certain professions; provides licensing authority to department rather than licensing boards; removes postlicensure education requirements for brokers, broker associates, and sales associates; removes continuing education requirements for licensure renewal as broker, broker associate, and sales associate; removes continuing education requirements for licensure renewal due to inactive status; revises provisions pertaining to board to transfer powers, duties, and responsibilities of board to DBPR; granting certain authority to department, rather than Florida Real Estate Appraisal Board; requires department to adopt rules; revises violations for which retail tobacco products dealers are penalized; revises retail nicotine product dealer administrative penalties; requires FDLE to accept and process certain fingerprints; specifies procedures for submitting and processing fingerprinting; requires department to conduct certain background checks.

What This Bill Does

Industries and Professional Activities; Renames, removes, & redesignates specified boards, commissions, and councils established within DBPR; changes office locations of certain divisions; specifies that certain license application requirements apply only to certain professions; provides licensing authority to department rather than licensing boards; removes postlicensure education requirements for brokers, broker associates, and sales associates; removes continuing education requirements for licensure renewal as broker, broker associate, and sales associate; removes continuing education requirements for licensure renewal due to inactive status; revises provisions pertaining to board to transfer powers, duties, and responsibilities of board to DBPR; granting certain authority to department, rather than Florida Real Estate Appraisal Board; requires department to adopt rules; revises violations for which retail tobacco products dealers are penalized; revises retail nicotine product dealer administrative penalties; requires FDLE to accept and process certain fingerprints; specifies procedures for submitting and processing fingerprinting; requires department to conduct certain background checks.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

468807

Committee amendment H 607 Filed • Yarkosky

Filed

Plain English: COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.

COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.
HB 607 (2026) Amendment No.
468807 - h0607-line 11145.docx Published On: 12/10/2025 2:16:25 PM Page 1 of 3 COMMITTEE/SUBCOMMITTEE ACTION ADOPTED (Y/N) ADOPTED AS AMENDED (Y/N) ADOPTED W/O OBJECTION (Y/N) FAILED TO ADOPT (Y/N) WITHDRAWN (Y/N) OTHER Committee/Subcommittee hearing bill: Industries & Professional 1 Activities Subcommittee 2 Representative Yarkosky offered the following: 3 4 Amendment (with directory and title amendments) 5 Between lines 11145 and 11146, insert: 6 (16) APPLICABILITY TO PRESCRIPTION DRUGS NOT LISTED AS A 7 CONTROLLED SUBSTANCE.— 8 (a) An establishment at which prescription drugs not 9 listed as a controlled substance, as defined in s.
893.03, are 10 stored, warehoused, or held, solely for the purpose of arranging 11 for their destruction, is not required to comply with paragraph 12 (1)(c); subsections (3)-(6); paragraphs (8)(a), (b), and (d); 13 and subsection (13).

Bill History

2026-03-13 House
• Died in Commerce Committee
2026-01-14 House
• Favorable by State Administration Budget Subcommittee • Reported out of State Administration Budget Subcommittee • Now in Commerce Committee
2026-01-13 House
• 1st Reading (Original Filed Version) • 1st Reading (Committee Substitute 1)
2026-01-12 House
• Added to State Administration Budget Subcommittee agenda
2025-12-18 House
• Referred to State Administration Budget Subcommittee • Referred to Commerce Committee • Now in State Administration Budget Subcommittee
2025-12-15 House
• Reported out of Industries & Professional Activities Subcommittee • Laid on Table under Rule 7.18(a) • CS Filed
2025-12-11 House
• Favorable with CS by Industries & Professional Activities Subcommittee
2025-12-04 House
• Added to Industries & Professional Activities Subcommittee agenda
2025-12-03 House
• Referred to Industries & Professional Activities Subcommittee • Referred to State Administration Budget Subcommittee • Referred to Commerce Committee • Now in Industries & Professional Activities Subcommittee
2025-12-02 House
• Filed

Official Summary Text

Industries and Professional Activities; Renames, removes, & redesignates specified boards, commissions, and councils established within DBPR; changes office locations of certain divisions; specifies that certain license application requirements apply only to certain professions; provides licensing authority to department rather than licensing boards; removes postlicensure education requirements for brokers, broker associates, and sales associates; removes continuing education requirements for licensure renewal as broker, broker associate, and sales associate; removes continuing education requirements for licensure renewal due to inactive status; revises provisions pertaining to board to transfer powers, duties, and responsibilities of board to DBPR; granting certain authority to department, rather than Florida Real Estate Appraisal Board; requires department to adopt rules; revises violations for which retail tobacco products dealers are penalized; revises retail nicotine product dealer administrative penalties; requires FDLE to accept and process certain fingerprints; specifies procedures for submitting and processing fingerprinting; requires department to conduct certain background checks.

Current Bill Text

Read the full stored bill text

CS/HB 607 2026

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A bill to be entitled 1
An act relating to industries and professional 2
activities; amending s. 20.165, F.S.; renaming, 3
removing, and redesignating specified boards, 4
commissions, and councils established within the 5
Department of Business and Professional Regulation; 6
changing the office locations of certain divisions; 7
prohibiting extension or renewal of certain leases; 8
requiring the department to provide to the Division of 9
Professions a summary of changes to statutory law 10
within a specified time period after adjournment of 11
session; repealing ss. 310.011, 310.032, 310.042, 12
455.2124, 455.2228, 468.384, 468.399, 468.4315, 13
468.4337, 468.4338, 468.521, 468.522, 468.523, 14
468.605, 468.8316, 468.8416, 471.0195, 472.007, 15
472.008, 472.009, 472.017, 472.018, 472.019, 473.303, 16
474.204, 474.205, 474.206, 475.02, 475.03, 475.04, 17
475.045, 475.05, 475.10, 476.054, 476.064, 477.015, 18
481.205, 481.2055, 481.305, 482.243, 489.107, 489.507, 19
492.103, 499.01211, 559.9221, and 570.81, F.S., 20
relating to the Board of Pilot Commissioners; oath of 21
members of the Board of Pilot Commissioners; 22
organization and meetings of the board; proration of 23
continuing education; barbers and cosmetologists and 24
instruction on HIV and AIDS; the Florida Board of 25

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Auctioneers; expenditure of excess funds; the 26
Regulatory Council of Community Association Managers; 27
continuing education; reactivation and continuing 28
education; the Board of Employee Leasing Companies 29
membership, appointments, and terms; rules of the 30
board; applicability of s. 20.165 and chapter 455; the 31
Florida Building Code Administrators and Inspectors 32
Board; continuing education; Florida Building Code 33
training for engineers; the Board of Professional 34
Surveyors and Mappers; rules of the board; board 35
headquarters; continuing education; continuing 36
education for reactivating a license; the Board of 37
Veterinary Medicine; board headquarters; renewal of 38
license; the Board of Accountancy; the Barbers' Board; 39
organization, headquarters, personnel, and meetings of 40
the board; the Board of Cosmetology; the Board of 41
Architecture and Interior Design; authority of the 42
board to make rules; the Florida Real Estate 43
Commission; delegation of powers and duties; legal 44
services; duty of commission to educate members of 45
profession; the Florida Real Estate Commission 46
Education and Research Foundation; power of commission 47
to enact bylaws and rules and decide questions of 48
practice; seal; the Board of Landscape Architecture; 49
the Pest Control Enforcement Advisory Council; the 50

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Construction Industry Licensing Board; the Electrical 51
Contractors' Licensing Board; the Board of 52
Professional Geologists; the Drug Wholesale 53
Distributor Advisory Council; the Motor Vehicle Repair 54
Advisory Council; and the Agricultural Economic 55
Development Project Review Committee, respectively; 56
amending ss. 120.54, 212.08, 215.5586, 215.55871, 57
309.01, 310.0015, 310.002, 310.051, 310.061, 310.071, 58
310.073, 310.075, 310.081, 310.101, 310.102, 310.111, 59
310.121, 310.131, 310.142, 310.151, 310.183, 310.185, 60
326.002, 326.006, 376.303, 381.0065, 403.868, 61
403.9329, 440.02, 448.26, 455.203, 455.271, 468.382, 62
468.385, 468.3851, 468.3852, 468.3855, 468.386, 63
468.387, 468.388, 468.389, 468.392, 468.393, 468.395, 64
468.396, 468.397, 468.398, 468.404, 468.407, 468.431, 65
468.433, 468.4336, 468.435, 468.436, 468.520, 468.522, 66
468.524, 468.5245, 468.525, 468.526, 468.527, 67
468.5275, 468.529, 468.530, 468.531, 468.532, 468.603, 68
468.606, 468.607, 468.613, 468.619, 468.621, 468.627, 69
468.629, 468.631, 468.8312, 468.8315, 468.8412, 70
468.8415, 468.8417, 468.8419, 469.004, 469.012, 71
469.013, 471.011, 471.017, 471.019, 471.045, 472.003, 72
472.005, 472.006, 472.011, 472.0202, 472.0203, 73
473.302, 473.3035, 473.304, 473.305, 473.306, 473.309, 74
473.3101, 473.311, 473.3125, 473.313, 473.314, 75

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473.315, 473.316, 473.319, 473.3205, 473.321, 473.322, 76
473.323, 474.202, 474.2065, 474.207, 474.211, 77
474.2125, 474.213, 474.214, 474.215, 474.216, 78
474.2165, 474.217, 474.221, 475.451, 476.034, 476.074, 79
476.114, 476.134, 476.144, 476.154, 476.155, 476.192, 80
476.204, 476.214, 476.234, 477.013, 477.0135, 477.016, 81
477.018, 477.019, 477.0201, 477.0212, 477.022, 82
477.025, 477.026, 477.0263, 477.028, 477.029, 481.203, 83
481.207, 481.209, 481.211, 481.215, 481.217, 481.219, 84
481.221, 481.222, 481.223, 481.225, 481.2251, 481.303, 85
481.306, 481.307, 481.309, 481.310, 481.311, 481.313, 86
481.315, 481.317, 481.323, 481.325, 489.103, 489.105, 87
489.108, 489.109, 489.111, 489.113, 489.1131, 88
489.1136, 489.114, 489.115, 489.116, 489.117, 489.118, 89
489.119, 489.1195, 489.121, 489.126, 489.127, 489.129, 90
489.131, 489.132, 489.133, 489.1401, 489.1402, 91
489.141, 489.142, 489.1425, 489.143, 489.1455, 92
489.146, 489.505, 489.509, 489.510, 489.511, 489.513, 93
489.514, 489.515, 489.516, 489.5161, 489.517, 489.518, 94
489.5185, 489.519, 489.520, 489.521, 489.522, 489.523, 95
489.525, 489.533, 489.5335, 489.537, 489.552, 492.102, 96
492.104, 492.105, 492.1051, 492.106, 492.107, 492.108, 97
492.109, 492.1101, 492.111, 492.113, 493.6101, 98
493.6105, 493.6106, 493.6111, 493.6113, 493.6116, 99
493.6118, 493.6120, 493.6123, 493.6201, 493.6202, 100

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493.6203, 493.6301, 493.6302, 493.6303, 493.6304, 101
493.631, 493.6401, 493.6402, 493.6403, 493.6406, 102
499.067, 501.015, 501,609, 507.03, 514.0315, 514.075, 103
527,03, 539.001, 553.79, 553.791, 553.998, 559.904, 104
559.928, 627.192, 633.216, and 713.01, F.S.; providing 105
licensing authority to the department rather than 106
licensing boards; removing continuing education 107
requirements; revising licensure renewal periods; 108
conforming provisions to changes made by the act; 109
amending s. 259.1053, F.S.; removing the Babcock Ranch 110
Advisory Group; amending s. 339.035, F.S.; revising 111
the requirements for accessibility of elevators for 112
the physically handicapped; amending s. 455.02, F.S.; 113
specifying that certain license application 114
requirements apply only to certain professions; 115
amending s. 468.609, F.S.; revising the standards for 116
certification as a building code inspector or plans 117
examiner; amending s. 471.007, F.S.; providing for 118
abolishment of the Board of Professional Engineers; 119
amending s. 471.015, F.S.; revising who the department 120
must certify as qualified for a license by endorsement 121
for the practice of engineering; amending s. 473.308, 122
F.S.; revising the education and work experience 123
requirements for a certified public accountant 124
license; directing the department to prescribe 125

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specified coursework for licensure; revising 126
requirements for licensure by endorsement; removing 127
provisions relating to licensure of applicants with 128
work experience in foreign countries; providing 129
applicability; creating s. 473.3085, F.S.; requiring 130
an international applicant who seeks licensure as a 131
certified public accountant in this state to meet 132
specified criteria prescribed by the department; 133
requiring such applicants to apply to the department; 134
requiring such applicants to create and maintain an 135
online account with the department; providing that the 136
applicant's e-mail address serves as the primary means 137
of communication from the department; requiring an 138
applicant to submit any change in certain information 139
within a specified timeframe through the department's 140
online system; requiring the department to certify an 141
applicant who meets certain requirements; requiring 142
the department to adopt rules; amending s. 473.3141, 143
F.S.; revising requirements for certified public 144
accountants licensed in another state or a territory 145
of the United States to practice in this state without 146
obtaining a license; amending s. 474.2021, F.S.; 147
revising requirements relating to prescriptions by 148
veterinarians practicing telehealth; providing 149
licensing authority to the department rather than 150

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licensing boards; amending s. 475.17, F.S.; removing 151
postlicensure education requirements for brokers, 152
broker associates, and sales associates; amending ss. 153
475.175 and 475.180, F.S.; conforming provisions to 154
changes made by the act; amending s. 475.182, F.S.; 155
removing continuing education requirements for 156
licensure renewal as a broker, a broker associate, and 157
a sales associate; amending s. 475.183, F.S.; removing 158
continuing education requirements for licensure 159
renewal due to inactive status; amending ss. 475.25, 160
475.611, 475.612, 475.614, 475.6145, 475.6147, 161
475.615, 475.617, 475.6171, 475.618, 475.619, 475.621, 162
475.6222, 475.6235, 475.624, 475.6245, 475.625, 163
475.626, 475.627, 475.628, 475.629, 475.630, 475.631, 164
F.S.; revising provisions pertaining to the board to 165
transfer powers, duties, and responsibilities of the 166
board to the Department of Business and Professional 167
Regulation; amending s. 475.613, F.S.; granting 168
certain authority to the department, rather than the 169
Florida Real Estate Appraisal Board; amending s. 170
476.184, F.S.; requiring the department to adopt 171
rules; requiring a mobile barbershop to comply with 172
all licensure and operating requirements that apply to 173
a barbershop at a fixed location; providing an 174
exception; requiring a mobile barbershop to have a 175

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permanent business address in a specified location; 176
requiring that certain records be kept at the 177
permanent business address; requiring a mobile 178
barbershop licenseholder to file with the department a 179
written monthly itinerary that provides certain 180
information; requiring that a licenseholder comply 181
with certain laws and ordinances; amending s. 476.188, 182
F.S.; providing that a barbershop must be licensed 183
with the department, rather than registered; 184
authorizing the practice of barbering to be performed 185
in a location other than a licensed barbershop under 186
certain circumstances; amending s. 481.213, F.S.; 187
revising who the department shall certify as qualified 188
for a license by endorsement in the practice of 189
architecture; amending s. 481.321, F.S.; revising 190
provisions relating to seals and display of 191
certificate number of registered landscape architects; 192
amending s. 499.012, F.S.; revising permit application 193
requirements for sale, transfer, assignment, or lease; 194
removing permit application requirements for a 195
prescription drug wholesale distributor to include a 196
designated representative; amending s. 499.0121, F.S.; 197
removing a designated representative as a responsible 198
person who must be listed by a wholesale distributor; 199
exempting specified establishments that store, 200

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warehouse, or hold prescription drugs not listed as a 201
controlled substance from certain requirements; 202
requiring such establishments to maintain certain 203
records; requiring that such records be made readily 204
available or available within a specified time period 205
for inspection in certain circumstances; requiring 206
such records to be maintained for a specified time 207
period; amending s. 499.041, F.S.; removing a 208
requirement that the department assess each person 209
applying for certification as a designated 210
representative a fee, plus the cost of processing a 211
criminal history record check; creating s. 624.341, 212
F.S.; providing legislative findings; requiring the 213
Department of Law Enforcement to accept and process 214
certain fingerprints; specifying procedures for 215
submitting and processing fingerprints; providing fees 216
for fingerprinting; authorizing the department to 217
exchange certain records with the Office of Insurance 218
Regulation for certain purposes; specifying that 219
fingerprints must be submitted in accordance with 220
certain rules; authorizing fingerprints to be 221
submitted through a third-party vendor authorized by 222
the department; requiring the department to conduct 223
certain background checks; requiring certain 224
background checks to be conducted through the Federal 225

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Bureau of Investigation; requiring that fingerprints 226
be submitted and entered into a specified system; 227
specifying who bears the costs of fingerprint 228
processing; requiring the office to review certain 229
background checks results and to make certain 230
determinations; requiring that certain criminal 231
history records be used by the office for certain 232
purposes; amending s. 468.609, F.S.; revising the 233
standards for certification as a building code 234
inspector or plans examiner; amending s. 471.007, 235
F.S.; providing for abolishment of the Board of 236
Professional Engineers; amending s. 471.015, F.S.; 237
revising who the department must certify as qualified 238
for a license by endorsement for the practice of 239
engineering; amending s. 473.308, F.S.; revising the 240
education and work experience requirements for a 241
certified public accountant license; directing the 242
department to prescribe specified coursework for 243
licensure; revising requirements for licensure by 244
endorsement; removing provisions relating to licensure 245
of applicants with work experience in foreign 246
countries; providing applicability; creating s. 247
473.3085, F.S.; requiring an international applicant 248
who seeks licensure as a certified public accountant 249
in this state to meet specified criteria prescribed by 250

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the department; requiring such applicants to apply to 251
the department; requiring such applicants to create 252
and maintain an online account with the department; 253
providing that the applicant's e-mail address serves 254
as the primary means of communication from the 255
department; requiring an applicant to submit any 256
change in certain information within a specified 257
timeframe through the department's online system; 258
requiring the department to certify an applicant who 259
meets certain requirements; requiring the department 260
to adopt rules; amending s. 473.312, F.S.; conforming 261
provisions to changes made by the act; amending s. 262
473.3141, F.S.; revising requirements for certified 263
public accountants licensed in another state or a 264
territory of the United States to practice in this 265
state without obtaining a license; amending s. 266
474.2021, F.S.; revising requirements relating to 267
prescriptions by veterinarians practicing telehealth; 268
providing licensing authority to the department rather 269
than licensing boards; amending s. 475.17, F.S.; 270
removing postlicensure education requirements for 271
brokers, broker associates, and sales associates; 272
amending ss. 475.175 and 475.180, F.S.; conforming 273
provisions to changes made by the act; amending s. 274
475.182, F.S.; removing continuing education 275

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requirements for licensure renewal as a broker, a 276
broker associate, and a sales associate; amending s. 277
475.183, F.S.; removing continuing education 278
requirements for licensure renewal due to inactive 279
status; amending ss. 475.25, 475.611, 475.612, 280
475.614, 475.6145, 475.6147, 475.615, 475.617, 281
475.6171, 475.618, 475.619, 475.621, 475.6222, 282
475.6235, 475.624, 475.6245, 475.625, 475.626, 283
475.627, 475.628, 475.629, 475.630, and 475.631, F.S.; 284
revising provisions pertaining to the board to 285
transfer powers, duties, and responsibilities of the 286
board to the department; amending s. 475.613, F.S.; 287
granting certain authority to the department, rather 288
than the Florida Real Estate Appraisal Board; amending 289
s. 476.184, F.S.; requiring the department to adopt 290
rules; requiring a mobile barbershop to comply with 291
all licensure and operating requirements that apply to 292
a barbershop at a fixed location; providing an 293
exception; requiring a mobile barbershop to have a 294
permanent business address in a specified location; 295
requiring that certain records be kept at the 296
permanent business address; requiring a mobile 297
barbershop licenseholder to file with the department a 298
written monthly itinerary that provides certain 299
information; requiring that a licenseholder comply 300

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with certain laws and ordinances; amending s. 476.188, 301
F.S.; providing that a barbershop must be licensed 302
with the department, rather than registered; 303
authorizing the practice of barbering to be performed 304
in a location other than a licensed barbershop under 305
certain circumstances; amending s. 481.213, F.S.; 306
revising who the department shall certify as qualified 307
for a license by endorsement in the practice of 308
architecture; amending s. 481.321, F.S.; revising 309
provisions relating to seals and display of 310
certificate number of registered landscape architects; 311
amending s. 499.012, F.S.; revising permit application 312
requirements for sale, transfer, assignment, or lease; 313
removing permit application requirements for a 314
prescription drug wholesale distributor to include a 315
designated representative; amending s. 499.0121, F.S.; 316
removing a designated representative as a responsible 317
person who must be listed by a wholesale distributor; 318
amending s. 499.041, F.S.; removing a requirement that 319
the department assess each person applying for 320
certification as a designated representative a fee, 321
plus the cost of processing a criminal history record 322
check; creating s. 624.341, F.S.; providing 323
legislative findings; requiring the Department of Law 324
Enforcement to accept and process certain 325

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fingerprints; specifying procedures for submitting and 326
processing fingerprints; providing fees for 327
fingerprinting; authorizing the department to exchange 328
certain records with the Office of Insurance 329
Regulation for certain purposes; specifying that 330
fingerprints must be submitted in accordance with 331
certain rules; authorizing fingerprints to be 332
submitted through a third-party vendor authorized by 333
the department; requiring the department to conduct 334
certain background checks; requiring certain 335
background checks to be conducted through the Federal 336
Bureau of Investigation; requiring that fingerprints 337
be submitted and entered into a specified system; 338
specifying who bears the costs of fingerprint 339
processing; requiring the office to review certain 340
background check results and to make certain 341
determinations; requiring that certain criminal 342
history records be used by the office for certain 343
purposes; providing effective dates. 344
345
Be It Enacted by the Legislature of the State of Florida: 346
347
Section 1. Section 20.165, Florida Statutes, is amended to 348
read: 349
20.165 Department of Business and Professional 350

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Regulation.—There is created a Department of Business and 351
Professional Regulation. 352
(1) The head of the Department of Business and 353
Professional Regulation is the Secretary of Business and 354
Professional Regulation. The secretary shall be appointed by the 355
Governor, subject to confirmation by the Senate. The secretary 356
shall serve at the pleasure of the Governor. 357
(2) The following divisions of the Department of Business 358
and Professional Regulation are established: 359
(a) Division of Administration. 360
(b) Division of Alcoholic Beverages and Tobacco. 361
(c) Division of Certified Public Accounting. 362
1. The director of the division shall be appointed by the 363
secretary of the department, subject to approval by a majority 364
of the Board of Accountancy. 365
2. Effective at the termination of any lease in effect on 366
December 31, 2025, the offices of the division shall be located 367
in Tallahassee Gainesville. Such a lease may not be extended or 368
renewed. 369
(d) Division of Drugs, Devices, and Cosmetics. 370
(e) Division of Florida Condominiums, Timeshares, and 371
Mobile Homes. 372
(f) Division of Hotels and Restaurants. 373
(g) Division of Professions. 374
(h) Division of Real Estate. 375

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1. The director of the division shall be appointed by the 376
secretary of the department, subject to approval by a majority 377
of the Florida Real Estate Commission. 378
2. Effective at the termination of any lease in effect on 379
December 31, 2025, the offices of the division shall be located 380
in Tallahassee Orlando. Such a lease may not be extended or 381
renewed. 382
(i) Division of Regulation. 383
(j) Division of Technology. 384
(k) Division of Service Operations. 385
(3) The secretary shall appoint a director for each 386
division established within this section. Each division director 387
shall directly administer the division and shall be responsible 388
to the secretary. The secretary may appoint deputy and assistant 389
secretaries as necessary to aid the secretary in fulfilling the 390
secretary's statutory obligations. 391
(4)(a) The following boards and programs are established 392
within the Division of Professions: 393
(a)1. Board of Architecture and Interior Design licensing 394
program, created under parts part I and II of chapter 481. 395
(b)2. Florida Board of Auctioneers licensing program, 396
created under part VI of chapter 468. 397
(c)3. Barbers' licensing program Board, created under 398
chapter 476. 399
(d)4. Florida Building Code Administrators and Inspectors 400

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licensing program Board, created under part XII of chapter 468. 401
(e)5. Construction Industry licensing program Board, 402
created under part I of chapter 489. 403
(f)6. Board of Cosmetology licensing program, created 404
under chapter 477. 405
(g)7. Electrical Contractors' licensing program Board, 406
created under part II of chapter 489. 407
(h)8. Board of Employee Leasing Companies licensing 408
program, created under part XI of chapter 468. 409
(i)9. Board of Landscape Architecture licensing program, 410
created under part II of chapter 481. 411
(j)10. Board of Pilot Commissioners licensing program, 412
created under chapter 310. 413
(k)11. Board of Professional Engineers, created under 414
chapter 471. 415
(l)12. Board of Professional Geologists licensing program, 416
created under chapter 492. 417
(m)13. Board of Veterinary Medicine licensing program, 418
created under chapter 474. 419
(n)14. Home inspection services licensing program, created 420
under part XV of chapter 468. 421
(o)15. Mold-related services licensing program, created 422
under part XVI of chapter 468. 423
(p) Talent agency licensing program, created under part 424
VII of chapter 468. 425

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(q) The Florida Building Commission, created under chapter 426
553. 427
(r) The Community Association Managers licensing program, 428
created under part VIII of chapter 468. 429
(s) Yacht and ship brokers licensing program, created 430
under chapter 326. 431
(b) The following board and commission are established 432
within the Division of Real Estate: 433
1. Florida Real Estate Appraisal Board, created under part 434
II of chapter 475. 435
2. Florida Real Estate Commission, created under part I of 436
chapter 475. 437
(c) The following board is established within the Division 438
of Certified Public Accounting: Board of Accountancy, created 439
under chapter 473. 440
(5) The members of each board established pursuant to 441
subsection (4) shall be appointed by the Governor, subject to 442
confirmation by the Senate. Consumer members on the board shall 443
be appointed pursuant to subsection (6). Members shall be 444
appointed for 4-year terms, and such terms shall expire on 445
October 31. However, a term of less than 4 years may be utilized 446
to ensure that: 447
(a) No more than two members' terms expire during the same 448
calendar year for boards consisting of seven or eight members. 449
(b) No more than 3 members' terms expire during the same 450

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calendar year for boards consisting of 9 to 12 members. 451
(c) No more than 5 members' terms expire during the same 452
calendar year for boards consisting of 13 or more members. 453
454
A member whose term has expired shall continue to serve on the 455
board until such time as a replacement is appointed. A vacancy 456
on the board shall be filled for the unexpired portion of the 457
term in the same manner as the original appointment. No member 458
may serve for more than the remaining portion of a previous 459
member's unexpired term, plus two consecutive 4-year terms of 460
the member's own appointment thereafter. 461
(6) Each board with five or more members shall have at 462
least two consumer members who are not, and have never been, 463
members or practitioners of the profession regulated by such 464
board or of any closely related profession. Each board with 465
fewer than five members shall have at least one consumer member 466
who is not, and has never been, a member or practitioner of the 467
profession regulated by such board or of any closely related 468
profession. 469
(7) No board, with the exception of joint 470
coordinatorships, shall be transferred from its present location 471
unless authorized by the Legislature in the General 472
Appropriations Act. 473
(5)(8) Notwithstanding any other provision of law, the 474
department shall is authorized to establish uniform application 475

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forms and certificates of licensure for use by the divisions 476
within the department. However, Nothing in this subsection does 477
not authorize authorizes the department to vary any substantive 478
requirements, duties, or eligibilities for licensure or 479
certification as provided by law. 480
(6)(9)(a) All employees authorized by the Division of 481
Alcoholic Beverages and Tobacco shall have access to, and shall 482
have the right to inspect, premises licensed by the division, to 483
collect taxes and remit them to the officers entitled to them, 484
and to examine the books and records of all licensees. The 485
authorized employees shall require of each licensee strict 486
compliance with the laws of this state relating to the 487
transaction of such business. 488
(b) Each employee serving as a law enforcement officer for 489
the division must meet the qualifications for employment or 490
appointment as a law enforcement officer set forth under s. 491
943.13 and must be certified as a law enforcement officer by the 492
Department of Law Enforcement under chapter 943. Upon 493
certification, each law enforcement officer is subject to and 494
has the same authority as provided for law enforcement officers 495
generally in chapter 901 and has statewide jurisdiction. Each 496
officer also has arrest authority as provided for state law 497
enforcement officers in s. 901.15. Each officer possesses the 498
full law enforcement powers granted to other peace officers of 499
this state, including the authority to make arrests, carry 500

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firearms, serve court process, and seize contraband and the 501
proceeds of illegal activities. 502
1. The primary responsibility of each officer appointed 503
under this section is to investigate, enforce, and prosecute, 504
throughout this the state, violations and violators of parts I 505
and II of chapter 210, part VII of chapter 559, and chapters 506
561-569, and the rules adopted thereunder, as well as other 507
state laws that the division, all state law enforcement 508
officers, or beverage enforcement agents are specifically 509
authorized to enforce. 510
2. The secondary responsibility of each officer appointed 511
under this section is to enforce all other state laws, provided 512
that the enforcement is incidental to exercising the officer's 513
primary responsibility as provided in subparagraph 1., and the 514
officer exercises the powers of a deputy sheriff, only after 515
consultation or coordination with the appropriate local 516
sheriff's office or municipal police department or when the 517
division participates in the Florida Mutual Aid Plan during a 518
declared state emergency. 519
(7) The Department of Business and Professional Regulation 520
shall provide, via e-mail, to each person licensed by the 521
department, as promptly as possible after the adjournment sine 522
die of the regular session of the Legislature, a summary of 523
changes to existing law relating to each business and profession 524
and the effective date of each change. 525

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Section 2. Sections 310.011, 310.032, 310.042, 455.2124, 526
455.2228, 468.384, 468.399, 468.4315, 468.4337, 468.4338, 527
468.521, 468.522, 468.523, 468.605, 468.8316, 468.8416, 528
471.0195, 472.007, 472.008, 472.009, 472.017, 472.018, 472.019, 529
473.303, 474.204, 474.205, 474.206, 475.02, 475.03, 475.04, 530
475.045, 475.05, 475.10, 476.054, 476.064, 477.015, 481.205, 531
481.2055, 481.305, 482.243, 489.107, 489.507, 492.103, 532
499.01211, 559.9221, and 570.81, Florida Statutes, are repealed. 533
Section 3. Paragraph (c) of subsection (3) of section 534
120.54, Florida Statutes, is amended to read: 535
120.54 Rulemaking.— 536
(3) ADOPTION PROCEDURES.— 537
(c) Hearings.— 538
1. If the intended action concerns any rule other than one 539
relating exclusively to procedure or practice, the agency shall, 540
on the request of any affected person received within 21 days 541
after the date of publication of the notice of intended agency 542
action, give affected persons an opportunity to present evidence 543
and argument on all issues under consideration. The agency may 544
schedule a public hearing on the rule and, if requested by any 545
affected person, shall schedule a public hearing on the rule. 546
When a public hearing is held, the agency must ensure that staff 547
are available to explain the agency's proposal and to respond to 548
questions or comments regarding the rule. If the agency head is 549
a board, licensing program, or commission or other collegial 550

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body created under s. 20.165(4) or s. 20.43(3)(g), and one or 551
more requested public hearings is scheduled, the board, 552
licensing program, or commission or other collegial body shall 553
conduct at least one of the public hearings itself and may not 554
delegate this responsibility without the consent of those 555
persons requesting the public hearing. Any material pertinent to 556
the issues under consideration submitted to the agency within 21 557
days after the date of publication of the notice or submitted to 558
the agency between the date of publication of the notice and the 559
end of the final public hearing shall be considered by the 560
agency and made a part of the record of the rulemaking 561
proceeding. 562
2. Rulemaking proceedings shall be governed solely by the 563
provisions of this section unless a person timely asserts that 564
the person's substantial interests will be affected in the 565
proceeding and affirmatively demonstrates to the agency that the 566
proceeding does not provide adequate opportunity to protect 567
those interests. If the agency determines that the rulemaking 568
proceeding is not adequate to protect the person's interests, it 569
shall suspend the rulemaking proceeding and convene a separate 570
proceeding under the provisions of ss. 120.569 and 120.57. 571
Similarly situated persons may be requested to join and 572
participate in the separate proceeding. Upon conclusion of the 573
separate proceeding, the rulemaking proceeding shall be resumed. 574
Section 4. Paragraph (ttt) of subsection (7) of section 575

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212.08, Florida Statutes, is amended to read: 576
212.08 Sales, rental, use, consumption, distribution, and 577
storage tax; specified exemptions.—The sale at retail, the 578
rental, the use, the consumption, the distribution, and the 579
storage to be used or consumed in this state of the following 580
are hereby specifically exempt from the tax imposed by this 581
chapter. 582
(7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 583
entity by this chapter do not inure to any transaction that is 584
otherwise taxable under this chapter when payment is made by a 585
representative or employee of the entity by any means, 586
including, but not limited to, cash, check, or credit card, even 587
when that representative or employee is subsequently reimbursed 588
by the entity. In addition, exemptions provided to any entity by 589
this subsection do not inure to any transaction that is 590
otherwise taxable under this chapter unless the entity has 591
obtained a sales tax exemption certificate from the department 592
or the entity obtains or provides other documentation as 593
required by the department. Eligible purchases or leases made 594
with such a certificate must be in strict compliance with this 595
subsection and departmental rules, and any person who makes an 596
exempt purchase with a certificate that is not in strict 597
compliance with this subsection and the rules is liable for and 598
shall pay the tax. The department may adopt rules to administer 599
this subsection. 600

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(ttt) Small private investigative agencies.— 601
1. As used in this paragraph, the term: 602
a. "Private investigation services" has the same meaning 603
as "private investigation," as defined in s. 493.6101(17). 604
b. "Small private investigative agency" means a private 605
investigator licensed under s. 493.6201 which: 606
(I) Employs three or fewer full-time or part-time 607
employees, including those performing services pursuant to an 608
employee leasing arrangement as defined in s. 468.520 s. 609
468.520(4), in total; and 610
(II) During the previous calendar year, performed private 611
investigation services otherwise taxable under this chapter in 612
which the charges for the services performed were less than 613
$150,000 for all its businesses related through common 614
ownership. 615
2. The sale of private investigation services by a small 616
private investigative agency to a client is exempt from the tax 617
imposed by this chapter. 618
3. The exemption provided by this paragraph may not apply 619
in the first calendar year a small private investigative agency 620
conducts sales of private investigation services taxable under 621
this chapter. 622
Section 5. Paragraph (f) of subsection (1) of section 623
215.5586, Florida Statutes, is amended to read: 624
215.5586 My Safe Florida Home Program.—There is 625

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established within the Department of Financial Services the My 626
Safe Florida Home Program. The department shall provide fiscal 627
accountability, contract management, and strategic leadership 628
for the program, consistent with this section. This section does 629
not create an entitlement for property owners or obligate the 630
state in any way to fund the inspection or retrofitting of 631
residential property in this state. Implementation of this 632
program is subject to annual legislative appropriations. It is 633
the intent of the Legislature that, subject to the availability 634
of funds, the My Safe Florida Home Program provide licensed 635
inspectors to perform hurricane mitigation inspections of 636
eligible homes and grants to fund hurricane mitigation projects 637
on those homes. The department shall implement the program in 638
such a manner that the total amount of funding requested by 639
accepted applications, whether for inspections, grants, or other 640
services or assistance, does not exceed the total amount of 641
available funds. If, after applications are processed and 642
approved, funds remain available, the department may accept 643
applications up to the available amount. The program shall 644
develop and implement a comprehensive and coordinated approach 645
for hurricane damage mitigation pursuant to the requirements 646
provided in this section. 647
(1) HURRICANE MITIGATION INSPECTIONS.— 648
(f) To qualify for selection by the department as a wind 649
certification entity to provide hurricane mitigation 650

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inspections, the entity must, at a minimum, meet the following 651
requirements: 652
1. Use hurricane mitigation inspectors who are licensed or 653
certified as: 654
a. A building inspector under s. 468.607; 655
b. A general, building, or residential contractor under s. 656
489.111; 657
c. A professional engineer under s. 471.015; 658
d. A professional architect under s. 481.213; or 659
e. A home inspector under s. 468.8314 and who have 660
completed at least 3 hours of hurricane mitigation training 661
approved by the department Construction Industry Licensing 662
Board, which training must include hurricane mitigation 663
techniques, compliance with the uniform mitigation verification 664
form, and completion of a proficiency exam. 665
2. Use hurricane mitigation inspectors who also have 666
undergone drug testing and a background screening. The 667
department may conduct criminal record checks of inspectors used 668
by wind certification entities. Inspectors must submit a set of 669
fingerprints to the department for state and national criminal 670
history checks and must pay the fingerprint processing fee set 671
forth in s. 624.501. The fingerprints must be sent by the 672
department to the Department of Law Enforcement and forwarded to 673
the Federal Bureau of Investigation for processing. The results 674
must be returned to the department for screening. The 675

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fingerprints must be taken by a law enforcement agency, 676
designated examination center, or other department-approved 677
entity. 678
3. Provide a quality assurance program including a 679
reinspection component. 680
Section 6. Paragraph (b) of subsection (3) of section 681
215.55871, Florida Statutes, is amended to read: 682
215.55871 My Safe Florida Condominium Pilot Program.—There 683
is established within the Department of Financial Services the 684
My Safe Florida Condominium Pilot Program to be implemented 685
pursuant to appropriations. The department shall provide fiscal 686
accountability, contract management, and strategic leadership 687
for the pilot program, consistent with this section. This 688
section does not create an entitlement for associations or unit 689
owners or obligate the state in any way to fund the inspection 690
or retrofitting of condominiums in the state. Implementation of 691
this pilot program is subject to annual legislative 692
appropriations. It is the intent of the Legislature that the My 693
Safe Florida Condominium Pilot Program provide licensed 694
inspectors to perform inspections for and grants to eligible 695
associations as funding allows. 696
(3) HURRICANE MITIGATION INSPECTORS.— 697
(b) The department shall contract with wind certification 698
entities to provide hurricane mitigation inspections. To qualify 699
for selection by the department as a wind certification entity 700

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to provide hurricane mitigation inspections, the entity must, at 701
a minimum, meet all of the following requirements: 702
1. Use hurricane mitigation inspectors who are licensed or 703
certified as: 704
a. A building inspector under s. 468.607; 705
b. A general, building, or residential contractor under s. 706
489.111; 707
c. A professional engineer under s. 471.015; 708
d. A professional architect under s. 481.213; or 709
e. A home inspector under s. 468.8314 who has completed at 710
least 3 hours of hurricane mitigation training approved by the 711
department Construction Industry Licensing Board, which must 712
include hurricane mitigation techniques, compliance with the 713
uniform mitigation verification form, and completion of a 714
proficiency exam. 715
2. Use hurricane mitigation inspectors who have undergone 716
drug testing and a background screening. The department may 717
conduct criminal record checks of inspectors used by wind 718
certification entities. Inspectors must submit a full set of 719
fingerprints to the department or to a vendor, an entity, or an 720
agency authorized under s. 943.053(13). The department, vendor, 721
entity, or agency shall forward the fingerprints to the 722
Department of Law Enforcement for state processing, and the 723
Department of Law Enforcement shall forward the fingerprints to 724
the Federal Bureau of Investigation for national processing. 725

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Fees for state and federal fingerprint processing shall be borne 726
by the inspector. The state cost for fingerprint processing 727
shall be as provided in s. 943.053(3)(e). The results must be 728
returned to the department for screening. The fingerprints must 729
be taken by a law enforcement agency, designated examination 730
center, or other department-approved entity. 731
3. Provide a quality assurance program including a 732
reinspection component. 733
Section 7. Subsection (1) of section 309.01, Florida 734
Statutes, is amended to read: 735
309.01 Deposit of material in tidewater regulated.— 736
(1) It is not lawful for any person to discharge or cause 737
to be discharged or deposit or cause to be deposited, in the 738
tide or salt waters of any bay, port, harbor, or river of this 739
state, any ballast or material of any kind other than clear 740
stone or rock, free from gravel or pebbles, which said clear 741
stone or rock shall be deposited or discharged only in the 742
construction of enclosures in connection with wharves, piers, 743
quays, jetties, or in the construction of permanent bulkheads 744
connecting the solid and permanent portion of wharves. It is 745
lawful to construct three characters of bulkheads for retention 746
of material in solid wharves. First, clear stone or rock 747
enclosures, or bulkheads, may be built upon all sides to a 748
height not less than 2 1/2 feet above high watermark; and after 749
the enclosures have been made so solid, tight, and permanent as 750

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to prevent any sand, mud, gravel, or other material that may be 751
discharged or deposited in them from drifting or escaping 752
through such enclosures, any kind of ballast may be discharged 753
or deposited within the enclosures. The enclosures may be 754
constructed of wood, stone, and rock combined, the stone and 755
rocks to be placed on the outside of the wood to a height not 756
less at any point than 2 1/2 feet above high watermark. Second, 757
a bulkhead may be built by a permanent wharf consisting of 758
thoroughly creosoted piles not less than 12 inches in diameter 759
at the butt end, to be driven close together and to be capped 760
with timber not less than 10 or 14 inches drift, bolted to each 761
pile, and one or more longitudinal stringers to be placed on the 762
outside of the bulkhead and securely anchored by means of iron 763
rods to piles driven within the bulkheads, clear rock to be on 764
the inside of the bulkhead, to a height of not less than 2 1/2 765
feet above high water; and after this is done, ballast or other 766
material may be deposited within the permanent enclosure so 767
constructed. Third, a bulkhead may be constructed to consist of 768
creosoted piles, as described herein, driven not exceeding 4 769
feet apart from center to center, inside of which two or more 770
longitudinal stringers may be placed and securely bolted to the 771
piles. Inside of these longitudinal pieces, two thicknesses of 772
creosoted sheet piling are to be driven, each course of the 773
sheet piling to make a joint with the other so as to form an 774
impenetrable wharf; and within this permanent bulkhead so 775

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constructed, any ballast or other material may be deposited. No 776
Such an enclosure, pier, quay, or jetty may not begin shall be 777
begun until the point at which whereat it is to be built shall 778
have been connected by a substantial wharf with a shore or with 779
a permanent wharf; except that the owners of wharves may at any 780
time, with the consent of the Board of Pilot Commissioners of 781
the Division of Professions of the Department of Business and 782
Professional Regulation, build wharves of clear stone or rock, 783
or creosoted walls as hereinafter provided, on each side of 784
their wharves from the shore to a point at which the water is 785
not more than 15 feet deep, and when such walls have attained a 786
height of 2 1/2 feet above high watermark and have been securely 787
closed at the deepwater end by stone or creosoted walls of the 788
same height, any kind of ballast may be deposited in them. 789
Nothing contained in this section shall interfere with any 790
rights or privileges now enjoyed by riparian owners. While this 791
section empowers those who desire to construct the several 792
characters of wharves, piers, quays, jetties, and bulkheads 793
provided for and described herein, nothing in this section shall 794
be so construed as to require any person not desiring to 795
construct a permanent wharf by filling up with ballast, stone, 796
or other material to construct under the specifications 797
contained herein; and nothing in this chapter shall be so 798
construed as to prevent any person from constructing any wharf 799
or placing any pilings, logs, or lumber in any waters where the 800

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person would have heretofore had the right so to do. 801
Section 8. Subsection (3) of section 310.0015, Florida 802
Statutes, is amended to read: 803
310.0015 Piloting regulation; general provisions.— 804
(3) The rate-setting process, the issuance of licenses 805
only in numbers deemed necessary or prudent by the department 806
board, and other aspects of the economic regulation of piloting 807
established in this chapter are intended to protect the public 808
from the adverse effects of unrestricted competition which would 809
result from an unlimited number of licensed pilots being allowed 810
to market their services on the basis of lower prices rather 811
than safety concerns. This system of regulation benefits and 812
protects the public interest by maximizing safety, avoiding 813
uneconomic duplication of capital expenses and facilities, and 814
enhancing state regulatory oversight. The system seeks to 815
provide pilots with reasonable revenues, taking into 816
consideration the normal uncertainties of vessel traffic and 817
port usage, sufficient to maintain reliable, stable piloting 818
operations. Pilots have certain restrictions and obligations 819
under this system, including, but not limited to, the following: 820
(a) Pilots may not refuse to provide piloting services to 821
any person or entity that may lawfully request such services, 822
except for justifiable concerns relating to safety, or, in the 823
case of a vessel planning a departure, for nonpayment of 824
pilotage. 825

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(b) Pilots may not unilaterally determine the pilotage 826
rates they charge. Such pilotage rates shall instead be 827
determined by the Pilotage Rate Review Committee, in the public 828
interest, as set forth in s. 310.151. 829
(c) Pilots shall maintain or secure adequate pilot boats, 830
office facilities and equipment, dispatch systems, communication 831
equipment and other facilities, and equipment and support 832
services necessary for a modern, dependable piloting operation. 833
(d) The pilot or pilots in a port shall train and 834
compensate all member deputy pilots in that port. Failure to 835
train or compensate such deputy pilots constitutes a ground for 836
disciplinary action under s. 310.101. Nothing in this subsection 837
may be deemed to create an agency or employment relationship 838
between a pilot or deputy pilot and the pilot or pilots in a 839
port. 840
(e) In any instance of a payment or transfer of funds, a 841
request for the payment or transfer of funds, or a contractual 842
obligation assumed in respect to the payment or transfer of 843
funds from a licensee payor to a pilot or group of pilots, or to 844
any legal entity or fund administered or controlled by or under 845
common control with such pilot or group of pilots, the pilot or 846
group of pilots shall provide to the licensee payor, at the time 847
the payment or transfer or request for the payment or transfer 848
is made or the obligation is assumed in respect to the payment 849
or transfer, a detailed accounting of the specific assets, 850

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tangible or intangible, in which an interest is being directly 851
or indirectly purchased or for which the licensee payor is being 852
granted an interest in return for such payment or transfer of 853
funds or such contractual obligation. This paragraph does not 854
apply to either payments or transfers of funds if their 855
aggregate amounts are less than $1,000. As used in this 856
paragraph, "licensee payor" means any current or prospective 857
state pilot or deputy pilot. 858
Section 9. Subsection (3) of section 310.002, Florida 859
Statutes, is amended to read: 860
310.002 Definitions.—As used in this chapter, except where 861
the context clearly indicates otherwise: 862
(3) "Board" means the Board of Pilot Commissioners. 863
Section 10. Section 310.051, Florida Statutes, is amended 864
to read: 865
310.051 Personnel; employment.— 866
(1) The department may appoint or employ such personnel as 867
may be necessary to assist the department and the board in doing 868
and performing any and all of the powers, duties, and 869
obligations set forth in this chapter. Such personnel need not 870
be licensed state pilots or members of the department board. 871
Such personnel shall be authorized to do and perform such duties 872
and work as may be assigned by the department. Except as 873
otherwise provided in this chapter, the department shall provide 874
all legal services necessary in carrying out the provisions of 875

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this chapter. 876
(2) The department shall hire a person knowledgeable and 877
experienced in matters related to piloting. Such person shall 878
act for the department on matters of examination and 879
investigation and, when he or she deems it necessary, in the 880
selection of legal counsel qualified in admiralty law. On an 881
annual basis, the board shall recommend to the department a 882
person knowledgeable and experienced in matters related to 883
piloting to fill this post, and the department may accept or 884
reject the recommendation. If the department rejects the board's 885
recommendation, the board shall continue to submit 886
recommendations until one is accepted by the department. Unless 887
there is affirmative action by both the board and the 888
department, at the end of each year, the position shall be 889
declared vacant and the board shall submit a new recommendation 890
for a person to fill such position. 891
Section 11. Section 310.061, Florida Statutes, is amended 892
to read: 893
310.061 State pilots; number; cross licensing.—The 894
department board shall determine the number of pilots based on 895
the supply and demand for piloting services and the public 896
interest in maintaining efficient and safe piloting services. 897
Based on the economic conditions of the port, the department 898
board may adopt rules authorizing cross licensing between ports, 899
if this will best serve the public interest. 900

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Section 12. Paragraphs (b), (c), and (d) of subsection (1) 901
and subsections (2) and (3) of section 310.071, Florida 902
Statutes, are amended to read: 903
310.071 Deputy pilot certification.— 904
(1) In addition to meeting other requirements specified in 905
this chapter, each applicant for certification as a deputy pilot 906
must: 907
(b) Have successfully completed 12 years of formal 908
education, as evidenced by a high school diploma or by 909
equivalent evidence thereof that is satisfactory to the 910
department board. 911
(c) Be in good physical and mental health, as evidenced by 912
documentary proof of having satisfactorily passed a complete 913
physical examination administered by a licensed physician within 914
the preceding 6 months. The department board shall adopt rules 915
to establish requirements for passing the physical examination, 916
which rules shall establish minimum standards for the physical 917
or mental capabilities necessary to carry out the professional 918
duties of a certificated deputy pilot. Such standards shall 919
include zero tolerance for any controlled substance regulated 920
under chapter 893 unless that individual is under the care of a 921
physician, an advanced practice registered nurse, or a physician 922
assistant and that controlled substance was prescribed by that 923
physician, advanced practice registered nurse, or physician 924
assistant. To maintain eligibility as a certificated deputy 925

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pilot, each certificated deputy pilot must annually provide 926
documentary proof of having satisfactorily passed a complete 927
physical examination administered by a licensed physician. The 928
physician must know the minimum standards and certify that the 929
certificateholder satisfactorily meets the standards. The 930
standards for certificateholders shall include a drug test. 931
(d) Have had maritime experience satisfactory to the 932
department before board prior to taking the examination required 933
under s. 310.081(2), as evidenced by documentation of the 934
following service while holding a United States Coast Guard 935
license: 936
1. At least 2 years of service at sea during the 5-year 937
period immediately preceding the examination, 1 year of which 938
must have been in at least the capacity of an unlimited second 939
mate; 940
2. At least 2 years of service during the 5-year period 941
immediately preceding the examination in a deepwater United 942
States port as an active first-class unlimited pilot serving on 943
at least an unlimited second mate's license or a license as 944
master of freight and towing vessel of at least 1,600 gross 945
registered tons upon oceans, and acting under authority of a 946
duly constituted governmental regulatory entity; 947
3. At least 2 years of service during the 5-year period 948
immediately preceding the examination as an active first-class 949
unlimited pilot serving on a Great Lakes unlimited master's 950

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license; 951
4. At least 2 years of towing experience during the 5-year 952
period immediately preceding the examination, 1 year of which 953
must have been in the capacity of master of a tugboat/barge 954
combination of at least 5,000 gross registered tons, combined 955
tonnage, while holding a license as master of freight and towing 956
vessel of at least 1,600 gross registered tons upon oceans; or 957
5. At least 3 years of experience as a deck watch officer 958
during the 10-year period immediately preceding the examination, 959
1 year of which in the 5-year period immediately preceding the 960
exam must have been as the commanding officer, executive 961
officer, or operations officer of a United States Navy vessel or 962
a United States Coast Guard vessel of at least 1,600 gross tons, 963
and must currently hold a United States Coast Guard license of 964
at least an unlimited second mate. 965
(2) The department board may adopt rules authorizing 966
equivalent combinations of service from two or more of the areas 967
specified in subparagraphs (1)(d)1., 2., 3., 4., and 5. However, 968
the department board may waive the maritime experience 969
requirements prescribed in paragraph (1)(d) when necessary to 970
fill an opening, provided an applicant meeting such requirements 971
has not applied for the opening and the opening has been 972
advertised more than once. 973
(3) The initial certificate issued to a deputy pilot shall 974
be valid for a period of 12 months, and at the end of this 975

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period, the certificate shall automatically expire and may shall 976
not be renewed. During this period, the department board shall 977
thoroughly evaluate the deputy pilot's performance for 978
suitability to continue training and shall make appropriate 979
recommendations to the department. Upon the finding receipt of a 980
favorable evaluation recommendation by the board, the department 981
shall issue a certificate to the deputy pilot, which shall be 982
valid for a period of 2 years. The certificate may be renewed 983
only two times, except in the case of a fully licensed pilot who 984
is cross-licensed as a deputy pilot in another port, and 985
provided the deputy pilot meets the requirements specified for 986
pilots in paragraph (1)(c). 987
Section 13. Section 310.073, Florida Statutes, is amended 988
to read: 989
310.073 State pilot licensing.—In addition to meeting 990
other requirements specified in this chapter, each applicant for 991
license as a state pilot must: 992
(1) Be at least 21 years of age, as evidenced by a copy of 993
a birth certificate or other legal proof of age. 994
(2) Have successfully completed 12 years of formal 995
education, as evidenced by a high school diploma or by 996
equivalent evidence thereof that is satisfactory to the 997
department board. 998
(3) Be in good physical and mental health, as evidenced by 999
documentary proof of having satisfactorily passed a complete 1000

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physical examination administered by a licensed physician within 1001
the preceding 6 months. The department board shall adopt rules 1002
to establish requirements for passing the physical examination, 1003
which rules shall establish minimum standards for the physical 1004
or mental capabilities necessary to carry out the professional 1005
duties of a licensed state pilot. Such standards shall include 1006
zero tolerance for any controlled substance regulated under 1007
chapter 893 unless that individual is under the care of a 1008
physician, an advanced practice registered nurse, or a physician 1009
assistant and that controlled substance was prescribed by that 1010
physician, advanced practice registered nurse, or physician 1011
assistant. To maintain eligibility as a licensed state pilot, 1012
each licensed state pilot must annually provide documentary 1013
proof of having satisfactorily passed a complete physical 1014
examination administered by a licensed physician. The physician 1015
must know the minimum standards and certify that the licensee 1016
satisfactorily meets the standards. The standards for licensees 1017
shall include a drug test. 1018
(4) Have had at least 2 years of service as a deputy pilot 1019
in the port in which license as a licensed state pilot is 1020
desired, which service must have been attained during the period 1021
immediately preceding the examination required under s. 1022
310.081(1). Further, at the time of application, each applicant 1023
must have a valid United States Coast Guard first-class 1024
unlimited pilot's license covering all of the waters of the port 1025

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in which license as a state pilot is desired and must have 1026
successfully completed the department-approved board-approved 1027
deputy pilot training program in the port in which license as a 1028
state pilot is desired. 1029
Section 14. Section 310.075, Florida Statutes, is amended 1030
to read: 1031
310.075 Deputy pilot training program.—The licensed state 1032
pilots in each port shall submit to the department board for its 1033
approval a deputy pilot training program of not less than 2 1034
years' duration, applicable to all deputy pilots appointed to 1035
serve at such port. The following requirements constitute the 1036
parameters within which deputy pilot training programs are to be 1037
established and carried out by the licensed state pilots at all 1038
ports in this state: 1039
(1) Upon receiving his or her appointment, a deputy pilot 1040
must report to the licensed state pilots at the port he or she 1041
is appointed to serve and must serve a period of not less than 1042
90 days as an observer trainee. During such period: 1043
(a) The observer trainee must accompany licensed state 1044
pilots, becoming thoroughly familiar with all of the waters, the 1045
channels, the harbor, and the port under varied conditions. 1046
(b) The observer trainee must obtain a valid United States 1047
Coast Guard first-class unlimited pilot's license covering all 1048
of the waters of the port before the department board may 1049
authorize him or her to pilot vessels within the limits and 1050

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specifications established by the licensed state pilots of the 1051
port. 1052
(2) Upon completion of the observer-trainee period, the 1053
deputy pilot must submit to the department board a deputy pilot 1054
vessel handling form for each vessel upon which he or she has 1055
accompanied a licensed state pilot. Each such form must be 1056
signed by the pilot in charge who accompanied the deputy pilot 1057
and must accurately recite: 1058
(a) The vessel's registry, length, gross tonnage, and 1059
draft; 1060
(b) The name of the berth from which or to which the 1061
vessel was piloted; 1062
(c) The weather and sea conditions encountered; 1063
(d) The time of day; 1064
(e) Any marine incidents required to be reported under s. 1065
310.111; and 1066
(f) The comments of the pilot in charge, including 1067
whether, under his or her supervision, the pilot in charge 1068
turned the navigation of the vessel over to the deputy pilot. 1069
(3) Each request to increase the limits and specifications 1070
under which a deputy pilot is authorized to pilot must be 1071
submitted to the department board and must be accompanied by a 1072
deputy pilot vessel handling form as provided in subsection (2) 1073
for each vessel the deputy pilot has piloted since his or her 1074
limits and specifications were last increased by the department 1075

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board. 1076
(4) For successful completion of the deputy pilot training 1077
program, a deputy pilot must have gradually been increased in 1078
his or her authorized limits and specifications until the deputy 1079
pilot has been authorized by the department board to pilot 1080
vessels with a maximum draft of not more than 3 feet less than 1081
the normal maximum draft allowable in the port in which the 1082
deputy pilot is authorized to pilot, as proposed by the licensed 1083
state pilots in that port and approved by the department board. 1084
Section 15. Section 310.081, Florida Statutes, is amended 1085
to read: 1086
310.081 Department to examine and license state pilots and 1087
certificate deputy pilots; vacancies.— 1088
(1) The department shall examine persons who file 1089
application as state pilot in all matters pertaining to the 1090
management of vessels and in regard to their knowledge of the 1091
channels, waters, harbors, and port where they wish to serve, 1092
and, if upon examination to determine proficiency the department 1093
finds them qualified to pilot all classes of vessels liable to 1094
enter that port and thoroughly familiar with the waters, the 1095
channels, the harbor, and the port, the department shall appoint 1096
and license as state pilots such number of pilots as in the 1097
discretion of the department board are required to act in the 1098
ports of the state. However, the number of pilots appointed and 1099
licensed by the department may shall not exceed the number 1100

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provided for in s. 310.061. 1101
(2) The department shall similarly examine persons who 1102
file applications for certificate as deputy pilot, and, if upon 1103
examination to determine proficiency the department finds them 1104
qualified, the department must certify as qualified all 1105
applicants who pass the examination, provided that not more than 1106
five persons who passed the examination are certified for each 1107
declared opening. If more than five applicants per opening pass 1108
the examination, the persons having the highest scores must be 1109
certified as qualified up to the number of openings times five. 1110
The department shall appoint and certificate such number of 1111
deputy pilots from those applicants deemed qualified as in the 1112
discretion of the department board are required in the 1113
respective ports of the state. A deputy pilot shall be 1114
authorized by the department to pilot vessels within the limits 1115
and specifications established by the licensed state pilots at 1116
the port where the deputy is appointed to serve. 1117
(3) Pilots shall hold their licenses or certificates 1118
pursuant to the requirements of this chapter so long as they: 1119
(a) Possess the qualifications set out in this chapter. 1120
(b) Are in good physical and mental health as evidenced by 1121
documentary proof of having satisfactorily passed a physical 1122
examination administered by a licensed physician or physician 1123
assistant within each calendar year. The department board shall 1124
adopt rules to establish requirements for passing the physical 1125

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examination, which rules shall establish minimum standards for 1126
the physical or mental capabilities necessary to carry out the 1127
professional duties of a licensed state pilot or a certificated 1128
deputy pilot. Such standards shall include zero tolerance for 1129
any controlled substance regulated under chapter 893 unless that 1130
individual is under the care of a physician, an advanced 1131
practice registered nurse, or a physician assistant and that 1132
controlled substance was prescribed by that physician, advanced 1133
practice registered nurse, or physician assistant. To maintain 1134
eligibility as a certificated deputy pilot or licensed state 1135
pilot, each certificated deputy pilot or licensed state pilot 1136
must annually provide documentary proof of having satisfactorily 1137
passed a complete physical examination administered by a 1138
licensed physician. The physician must know the minimum 1139
standards and certify that the certificateholder or licensee 1140
satisfactorily meets the standards. The standards for 1141
certificateholders and for licensees shall include a drug test. 1142
(c) Are subject to a substance abuse program that has been 1143
approved by the department board, which includes provisions for 1144
drug testing. 1145
(d) Attend a board-approved seminar for continuing 1146
education which includes radar certification. 1147
(d)(e) Remain in active service in the ports for which 1148
they are appointed. 1149
1150

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Upon resignation or in the case of disability permanently 1151
affecting a pilot's ability to serve, the state license or 1152
certificate issued under this chapter shall be revoked by the 1153
department. 1154
Section 16. Paragraphs (d), (g), and (h) of subsection (1) 1155
and subsections (2), (3), and (4) of section 310.101, Florida 1156
Statutes, are amended to read: 1157
310.101 Grounds for disciplinary action by the department 1158
board.— 1159
(1) Any act of misconduct, inattention to duty, 1160
negligence, or incompetence; any willful violation of any law or 1161
rule, including the rules of the road, applicable to a licensed 1162
state pilot or certificated deputy pilot; or any failure to 1163
exercise that care which a reasonable and prudent licensed state 1164
pilot or certificated deputy pilot would exercise under the same 1165
or similar circumstances may result in disciplinary action. 1166
Examples of acts by a licensed state pilot or certificated 1167
deputy pilot which constitute grounds for disciplinary action 1168
include, but are not limited to: 1169
(d) Navigating in channels where the depth of water under 1170
the keel is less than the prescribed bottom clearance as 1171
recommended by the licensed state pilots of that port and 1172
approved by the department board. 1173
(g) Making or filing, or inducing another person to make 1174
or file, a report which the pilot knows to be false or 1175

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intentionally or negligently failing to file, or willfully 1176
impeding or obstructing the filing of, a report or record 1177
required by state law or by rule of the board or the department. 1178
Such reports or records include only those which are signed by 1179
the pilot in his or her capacity as a licensed state pilot or 1180
certificated deputy pilot. 1181
(h) Being unable to perform the duties of a pilot with 1182
reasonable skill and safety by reason of illness or use of 1183
alcohol, drugs, narcotics, chemicals, or any other type of 1184
material or as a result of any mental or physical condition such 1185
as, but not limited to, poor eyesight or hearing, heart disease, 1186
or diabetes. In enforcing this paragraph, the department shall 1187
have authority, upon recommendation of the probable cause panel 1188
of the department board, to compel a licensed state pilot or 1189
certificated deputy pilot to submit to a mental or physical 1190
examination by physicians designated by the department. The 1191
failure of a pilot to submit to such an examination when so 1192
directed constitutes an admission of the allegations against the 1193
pilot, unless the failure is due to circumstances beyond his or 1194
her control, consequent upon which an emergency suspension order 1195
may be entered by the department suspending the pilot's license 1196
until he or she complies with the order for a compulsory mental 1197
or physical examination. A licensed state pilot or certificated 1198
deputy pilot affected under this paragraph must be afforded, at 1199
reasonable intervals, an opportunity to demonstrate that he or 1200

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she can resume the competent practice of piloting with 1201
reasonable skill and safety. 1202
(2) When the department board finds any person has 1203
committed any act set forth in subsection (1), it may enter an 1204
order imposing one or more of the following penalties: 1205
(a) Refusing to certify to the department an application 1206
for license or certification. 1207
(b) Revoking or suspending the license or certificate. 1208
(c) Restricting the practice of the violator. 1209
(d) Imposing an administrative fine not to exceed $5,000 1210
for each count or separate offense. 1211
(e) Issuing a reprimand. 1212
(f) Placing the licensed state pilot or certificated 1213
deputy pilot on probation for such period of time and subject to 1214
such conditions as the department board may specify, including, 1215
but not limited to, requiring the pilot to submit to treatment, 1216
submit to additional or remedial training, submit to 1217
reexamination, or undergo a complete physical examination. 1218
(3) The department board shall not reinstate the license 1219
or certificate of a state pilot or deputy pilot or cause a 1220
license or certificate to be issued to a person whom it has 1221
determined to be unqualified until the department board is 1222
satisfied that such person has complied with all the terms and 1223
conditions set forth in the final order and that such person is 1224
capable of safely engaging in the practice of piloting. 1225

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(4) In any foreign vessel or foreign trading vessel 1226
movement that an individual holding a state pilot license or 1227
deputy pilot certificate is engaged in directing, whether 1228
movement of the vessel in or out of the port or movement in 1229
close proximity to a dock or any other movement undertaken in 1230
furtherance of his or her piloting duties, such individual is 1231
operating under the authority of his or her state license or 1232
certificate and is accountable to the department board for his 1233
or her actions. 1234
Section 17. Subsections (4) and (6) of section 310.102, 1235
Florida Statutes, are amended to read: 1236
310.102 Treatment programs for impaired pilots and deputy 1237
pilots.— 1238
(4) In any disciplinary action for a violation other than 1239
impairment, if a pilot or deputy pilot establishes that the 1240
violation for which the pilot or deputy pilot is being 1241
prosecuted was due to or connected with impairment and further 1242
establishes that the pilot or deputy pilot is satisfactorily 1243
progressing through or has successfully completed an approved 1244
treatment program pursuant to this section, such information may 1245
be considered by the department board as a mitigating factor in 1246
determining the appropriate penalty. This subsection does not 1247
limit mitigating factors the department board may consider. 1248
(6) A consultant, licensee, or approved treatment provider 1249
who makes a disclosure pursuant to this section is not subject 1250

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to civil liability for such disclosure or its consequences. The 1251
provisions of s. 766.101 apply to any officer, employee, or 1252
agent of the department or the board and to any officer, 1253
employee, or agent of any entity with which the department has 1254
contracted pursuant to this section. 1255
Section 18. Section 310.111, Florida Statutes, is amended 1256
to read: 1257
310.111 Marine incident reports.—Each collision, 1258
grounding, stranding, or other marine peril sustained or caused 1259
by a vessel on which there was employed a licensed state pilot 1260
or certificated deputy pilot shall be reported to the department 1261
office of the board or the piloting consultant within 48 hours 1262
after of the occurrence. In addition, a written report shall be 1263
submitted to the department on forms and in the manner 1264
prescribed by the department within 7 days after of the 1265
occurrence. However, any marine incident involving oil spillage, 1266
pollution, physical injury, or death shall be reported to the 1267
department board or the piloting consultant by telephone or 1268
telegram within 24 hours after of the occurrence in addition to 1269
submission of the required written report. 1270
Section 19. Section 310.121, Florida Statutes, is amended 1271
to read: 1272
310.121 Application, examination, and biennial fees.— 1273
(1) The department shall, in accordance with rules set by 1274
the department board, assess and collect the following fees: 1275

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(a) A fee not to exceed $300 for each application for 1276
licensure as a state pilot or certification as a deputy pilot. 1277
This fee shall be nonrefundable. 1278
(b) A fee not to exceed $300 for each examination for 1279
licensure as a state pilot or certification as a deputy pilot. 1280
(c) A fee not to exceed $300 for each examination review. 1281
(2) The department shall assess and collect biennially 1282
from each licensed state pilot and each certificated deputy 1283
pilot a fee, not to exceed $200 in the case of a licensed state 1284
pilot or $100 in the case of a certificated deputy pilot, such 1285
fees to be set by the department board. 1286
Section 20. Section 310.131, Florida Statutes, is amended 1287
to read: 1288
310.131 Assessment of percentage of gross pilotage.—The 1289
department shall assess the licensed state pilots in the 1290
respective ports of the state a percentage of the gross amount 1291
of pilotage earned by such pilots during each year, which 1292
percentage will be established by the department board not to 1293
exceed 2 percent, to be paid into the Professional Regulation 1294
Trust Fund by such pilots at such time and in such manner as the 1295
department board prescribes or as is set forth in the General 1296
Appropriations Act. The financial records of all pilots and 1297
deputy pilots relating to pilotage are subject to audit by the 1298
department and the Auditor General. The department shall by rule 1299
set a procedure for verifying the amount of pilotage at each 1300

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port and may charge costs to the appropriate port if the port 1301
does not comply with such procedure. 1302
Section 21. Section 310.142, Florida Statutes, is amended 1303
to read: 1304
310.142 Pilotage at St. Marys Entrance.—The department may 1305
exercise board is authorized to enter into an agreement with the 1306
Board of Pilotage Commissioners for the corporate authority of 1307
St. Marys, Georgia, for reciprocal pilotage of vessels in the 1308
boundary waters and tributaries of St. Marys Entrance. 1309
Section 22. Subsections (1) and (7) of section 310.151, 1310
Florida Statutes, are amended to read: 1311
310.151 Rates of pilotage; Pilotage Rate Review 1312
Committee.— 1313
(1)(a) As used in this section, the term: 1314
1. "committee" means the Pilotage Rate Review Committee 1315
established under this section as part of the Board of Pilot 1316
Commissioners. 1317
2. "Board" means the Board of Pilot Commissioners. 1318
(b) To carry out the provisions of this section, the 1319
Pilotage Rate Review Committee is established as part of the 1320
Board of Pilot Commissioners within the department of Business 1321
and Professional Regulation. The committee shall consist of the 1322
following seven members of the board: two board members who are 1323
licensed state pilots actively practicing their profession, who 1324
shall be appointed by majority vote of the licensed state pilots 1325

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serving on the board; two board members who are actively 1326
involved in a professional or business capacity in the maritime 1327
industry, marine shipping industry, or commercial passenger 1328
cruise industry; one board member who is a certified public 1329
accountant with at least 5 years of experience in financial 1330
management; and two board members who are citizens of the state. 1331
(c) Committee members shall comply with the disclosure 1332
requirements of s. 112.3143(4) if participating in any matter 1333
that would result in special private gain or loss as described 1334
in that subsection. 1335
(d) The committee may has authority to adopt rules 1336
pursuant to ss. 120.536(1) and 120.54 to implement provisions of 1337
this section conferring duties upon it. The department shall 1338
provide the staff required by the committee to carry out its 1339
duties under this section. 1340
(e) All funds received pursuant to this section shall be 1341
placed in the account of the department Board of Pilot 1342
Commissioners, and the department Board of Pilot Commissioners 1343
shall pay for all expenses incurred pursuant to this section. 1344
(7) The decisions of the committee regarding rates are not 1345
appealable to the department board. 1346
Section 23. Section 310.183, Florida Statutes, is amended 1347
to read: 1348
310.183 Immediate inactivation of license or certificate 1349
for certain violations.—The department shall issue an emergency 1350

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order placing on inactive status, for a period not to exceed 15 1351
days, the license of any pilot or certificate of any deputy 1352
pilot who, while providing piloting services, is involved in a 1353
marine incident that results in the death of a human or, as 1354
determined by rule of the board, substantial physical injury to 1355
a human or significant property or environmental damage, unless 1356
the department determines that the incident is clearly not the 1357
result of the actions of the pilot or deputy pilot. 1358
Section 24. Subsection (1) of section 310.185, Florida 1359
Statutes, is amended to read: 1360
310.185 Rulemaking.— 1361
(1) The department may board has authority to adopt rules 1362
pursuant to ss. 120.536(1) and 120.54 to implement the 1363
provisions of this chapter. 1364
Section 25. Subsection (2) of section 326.002, Florida 1365
Statutes, is amended to read: 1366
326.002 Definitions.—As used in ss. 326.001-326.006, the 1367
term: 1368
(2) "Division" means the Division of Professions Florida 1369
Condominiums, Timeshares, and Mobile Homes of the Department of 1370
Business and Professional Regulation. 1371
Section 26. Subsection (3) of section 326.006, Florida 1372
Statutes, is amended to read: 1373
326.006 Powers and duties of division.— 1374
(3) All fees must be deposited in the Professional 1375

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Regulation Division of Florida Condominiums, Timeshares, and 1376
Mobile Homes Trust Fund as provided by law. 1377
Section 27. Paragraph (a) of subsection (3) of section 1378
376.303, Florida Statutes, is amended to read: 1379
376.303 Powers and duties of the Department of 1380
Environmental Protection.— 1381
(3) INSPECTION OF POLLUTANT STORAGE TANKS.— 1382
(a) The department may inspect the installation of any 1383
pollutant storage tank. Any person installing a pollutant 1384
storage tank, as defined in s. 489.105(16) s. 489.105(17), shall 1385
certify that such installation is in accordance with the 1386
standards adopted pursuant to this section. The department shall 1387
promulgate a form for such certification which shall at a 1388
minimum include: 1389
1. A signed statement by the certified pollutant storage 1390
systems contractor, as defined in s. 489.105(2)(p) s. 1391
489.105(3)(p), that such installation is in accordance with 1392
standards adopted pursuant to this section; and 1393
2. Signed statements by the onsite persons performing or 1394
supervising the installation of a pollutant storage tank, which 1395
statements shall be required of tasks that are necessary for the 1396
proper installation of such tank. 1397
Section 28. Paragraph (n) of subsection (3) of section 1398
381.0065, Florida Statutes, is amended to read: 1399
381.0065 Onsite sewage treatment and disposal systems; 1400

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regulation.— 1401
(3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL 1402
PROTECTION.—The department shall: 1403
(n) Regulate and permit maintenance entities for 1404
performance-based treatment systems and aerobic treatment unit 1405
systems. To ensure systems are maintained and operated according 1406
to manufacturer's specifications and designs, the department 1407
shall establish by rule minimum qualifying criteria for 1408
maintenance entities. The criteria shall include training, 1409
access to approved spare parts and components, access to 1410
manufacturer's maintenance and operation manuals, and service 1411
response time. The maintenance entity shall employ a contractor 1412
licensed under s. 489.105(2)(m) s. 489.105(3)(m), or part III of 1413
chapter 489, or a state-licensed wastewater plant operator, who 1414
is responsible for maintenance and repair of all systems under 1415
contract. 1416
Section 29. Section 403.868, Florida Statutes, is amended 1417
to read: 1418
403.868 Requirements by a utility.—A utility may have more 1419
stringent requirements than set by law, including certification 1420
requirements for water distribution systems and domestic 1421
wastewater collection systems operations, except that a utility 1422
may not require a licensed contractor, as defined in s. 1423
489.105(2) s. 489.105(3) to have any additional license for work 1424
in water distribution systems or domestic wastewater collection 1425

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systems. 1426
Section 30. Paragraph (e) of subsection (1) of section 1427
403.9329, Florida Statutes, is amended to read: 1428
403.9329 Professional mangrove trimmers.— 1429
(1) For purposes of ss. 403.9321-403.9333, the following 1430
persons are considered professional mangrove trimmers: 1431
(e) Persons licensed under part II of chapter 481. The 1432
Department of Business and Professional Regulation Board of 1433
Landscape Architecture shall establish appropriate standards and 1434
continuing legal education requirements to assure the competence 1435
of licensees to conduct the activities authorized under ss. 1436
403.9321-403.9333. Trimming by landscape architects as 1437
professional mangrove trimmers is not allowed until the 1438
establishment of standards by the department board. The 1439
department board shall also establish penalties for violating 1440
ss. 403.9321-403.9333. Only those landscape architects who are 1441
certified in the state may qualify as professional mangrove 1442
trimmers under ss. 403.9321-403.9333, notwithstanding any 1443
reciprocity agreements that may exist between this state and 1444
other states; 1445
Section 31. Paragraph (a) of subsection (19) of section 1446
440.02, Florida Statutes, is amended to read: 1447
440.02 Definitions.—When used in this chapter, unless the 1448
context clearly requires otherwise, the following terms shall 1449
have the following meanings: 1450

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(19)(a) "Employer" means the state and all political 1451
subdivisions thereof, all public and quasi-public corporations 1452
therein, every person carrying on any employment, and the legal 1453
representative of a deceased person or the receiver or trustees 1454
of any person. The term also includes employee leasing 1455
companies, as defined in s. 468.520(4) s. 468.520(5), and 1456
employment agencies that provide their own employees to other 1457
persons. If the employer is a corporation, parties in actual 1458
control of the corporation, including, but not limited to, the 1459
president, officers who exercise broad corporate powers, 1460
directors, and all shareholders who directly or indirectly own a 1461
controlling interest in the corporation, are considered the 1462
employer for the purposes of ss. 440.105, 440.106, and 440.107. 1463
Section 32. Section 448.26, Florida Statutes, is amended 1464
to read: 1465
448.26 Application.—Nothing in this part shall exempt any 1466
client of any labor pool or temporary help arrangement entity as 1467
defined in s. 468.520(3)(a) s. 468.520(4)(a) or any assigned 1468
employee from any other license requirements of state, local, or 1469
federal law. Any employee assigned to a client who is licensed, 1470
registered, or certified pursuant to law shall be deemed an 1471
employee of the client for such licensure purposes but shall 1472
remain an employee of the labor pool or temporary help 1473
arrangement entity for purposes of chapters 440 and 443. 1474
Section 33. Section 455.203, Florida Statutes, is amended 1475

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to read: 1476
455.203 Department; powers and duties.—Notwithstanding any 1477
other law, for each profession under the jurisdiction of the 1478
department, and for the boards under its jurisdiction, the 1479
department shall: 1480
(1) Adopt rules establishing a procedure for the biennial 1481
renewal of licenses every 4 years; however, the department may 1482
issue up to a 4-year license to selected licensees 1483
notwithstanding any other provisions of law to the contrary. 1484
Fees for such renewal shall not exceed the fee caps for 1485
individual professions on an annualized basis as authorized by 1486
law. 1487
(2) Appoint the executive director of each board, subject 1488
to the approval of the board. 1489
(3) Submit an annual budget to the Legislature at a time 1490
and in the manner provided by law. 1491
(4) Develop a training program for persons newly appointed 1492
to membership on any board. The program shall familiarize such 1493
persons with the substantive and procedural laws and rules and 1494
fiscal information relating to the regulation of the appropriate 1495
profession and with the structure of the department. 1496
(5) Adopt rules pursuant to ss. 120.536(1) and 120.54 to 1497
implement the provisions of this chapter. 1498
(6) Establish by rule procedures by which the department 1499
shall use the expert or technical advice of the appropriate 1500

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board for the purposes of investigation, inspection, evaluation 1501
of applications, other duties of the department, or any other 1502
areas the department may deem appropriate. 1503
(7) Require all proceedings of any board or panel thereof 1504
and all formal or informal proceedings conducted by the 1505
department, an administrative law judge, or a hearing officer 1506
with respect to licensing or discipline to be electronically 1507
recorded in a manner sufficient to assure the accurate 1508
transcription of all matters so recorded. 1509
(8) Select only those investigators, or consultants who 1510
undertake investigations, who meet criteria established with the 1511
advice of the respective boards. 1512
(9) Work cooperatively with the Department of Revenue to 1513
implement an automated method for periodically disclosing 1514
information relating to current licensees to the Department of 1515
Revenue. The purpose of this subsection is to promote the public 1516
policy of this state as established in s. 409.2551. The 1517
department shall, when directed by the court or the Department 1518
of Revenue pursuant to s. 409.2598, suspend or deny the license 1519
of any licensee found not to be in compliance with a support 1520
order, subpoena, order to show cause, or written agreement 1521
entered into by the licensee with the Department of Revenue. The 1522
department shall issue or reinstate the license without 1523
additional charge to the licensee when notified by the court or 1524
the Department of Revenue that the licensee has complied with 1525

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the terms of the support order. The department shall not be held 1526
liable for any license denial or suspension resulting from the 1527
discharge of its duties under this subsection. 1528
(10) Have authority to: 1529
(a) Close and terminate deficient license application 1530
files 2 years after the board or the department notifies the 1531
applicant of the deficiency; and 1532
(b) Approve applications for professional licenses that 1533
meet all statutory and rule requirements for licensure. 1534
Section 34. Subsections (8) and (9) of section 455.271, 1535
Florida Statutes, are amended to read: 1536
455.271 Inactive and delinquent status.— 1537
(8) Each board, or the department when there is no board, 1538
shall, by rule, impose an additional fee, not to exceed the 1539
biennial renewal fee for an active status license, for 1540
processing a licensee's request to change licensure status at 1541
any time other than at the beginning of a licensure cycle. 1542
(9) Each board, or the department when there is no board, 1543
may, by rule, impose reasonable conditions, excluding full 1544
reexamination but including part of a national examination or a 1545
special purpose examination to assess current competency, 1546
necessary to ensure that a licensee who has been on inactive 1547
status for more than one two consecutive biennial licensure 1548
cycle cycles and who applies for active status can practice with 1549
the care and skill sufficient to protect the health, safety, and 1550

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welfare of the public. Reactivation requirements may differ 1551
depending on the length of time licensees are inactive. The 1552
costs to meet reactivation requirements shall be borne by 1553
licensees requesting reactivation. 1554
Section 35. Subsection (4) of section 468.382, Florida 1555
Statutes, is amended to read: 1556
468.382 Definitions.—As used in this act, the term: 1557
(4) "Board" means the Florida Board of Auctioneers. 1558
Section 36. Subsections (1) and (3) through (7) of section 1559
468.385, Florida Statutes, are amended to read: 1560
468.385 Licenses required; qualifications; examination.— 1561
(1) The department shall license any applicant who the 1562
board certifies is qualified to practice auctioneering. 1563
(3) A No person may not shall be licensed as an auctioneer 1564
or apprentice if he or she: 1565
(a) Is under 18 years of age; or 1566
(b) Has committed any act or offense in this state or any 1567
other jurisdiction which would constitute a basis for 1568
disciplinary action under s. 468.389. 1569
(4) A Any person seeking a license as an auctioneer must 1570
pass a written examination approved by the department board 1571
which tests his or her general knowledge of the laws of this 1572
state relating to provisions of the Uniform Commercial Code that 1573
are relevant to auctions, the laws of agency, and the provisions 1574
of this act. 1575

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(5) Each apprentice application and license shall name a 1576
licensed auctioneer who has agreed to serve as the supervisor of 1577
the apprentice. An No apprentice may not conduct, or contract to 1578
conduct, an auction without the express approval of his or her 1579
supervisor. The supervisor shall regularly review the 1580
apprentice's records, which are required by the department board 1581
to be maintained, to determine whether if such records are 1582
accurate and current. 1583
(6) A No person may not shall be licensed as an auctioneer 1584
unless he or she: 1585
(a) Has held an apprentice license and has served as an 1586
apprentice for 1 year or more, or has completed a course of 1587
study, consisting of not less than 80 classroom hours of 1588
instruction, that meets standards adopted by the department 1589
board; 1590
(b) Has passed the required examination; and 1591
(c) Is approved by the department board. 1592
(7)(a) Any auction that is subject to the provisions of 1593
this part must be conducted by an auctioneer who has an active 1594
license or an apprentice who has an active apprentice auctioneer 1595
license and who has received prior written sponsor consent. 1596
(b) A No business may not shall auction or offer to 1597
auction any property in this state unless it is licensed as an 1598
auction business by the department board or is exempt from 1599
licensure under this act. An Each application for licensure must 1600

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shall include the names of the owner and the business, the 1601
business mailing address and location, and any other information 1602
which the department board may require. The owner of an auction 1603
business shall report to the department board within 30 days 1604
after of any change in this required information. 1605
Section 37. Subsection (2) of section 468.3851, Florida 1606
Statutes, is amended to read: 1607
468.3851 Renewal of license.— 1608
(2) The department shall adopt a procedure for the 1609
biennial renewal of licenses every 4 years. 1610
Section 38. Section 468.3852, Florida Statutes, is amended 1611
to read: 1612
468.3852 Reactivation of license; fee.—The department 1613
board shall prescribe a fee not to exceed $250 for the 1614
reactivation of an inactive license. The fee shall be in 1615
addition to the current biennial renewal fee. 1616
Section 39. Subsections (2) through (5) and (8) of section 1617
468.3855, Florida Statutes, are amended to read: 1618
468.3855 Apprenticeship training requirements.— 1619
(2) Any auctioneer who undertakes the sponsorship of an 1620
apprentice shall ensure that the apprentice receives training as 1621
required by department board rule. 1622
(3) An apprentice must actively participate in auction 1623
sales as required by department board rule, and a record of each 1624
auction for which participation credit is claimed must be made 1625

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as required by department board rule. 1626
(4) Apprentices are prohibited from conducting any auction 1627
without the prior express written consent of the sponsor. The 1628
apprentice's sponsor must be present at the auction site at any 1629
time the apprentice is actively participating in the conduct of 1630
the auction. If the apprentice's sponsor cannot attend a 1631
particular auction, the sponsor may appoint a qualified 1632
auctioneer who meets the requirements of department board rule 1633
to attend the auction in his or her place. Prior written consent 1634
must be given by the apprentice's sponsor for each substitution. 1635
(5) Each apprentice and sponsor shall file reports as 1636
required by department board rule. 1637
(8) All apprentice applications shall be valid for a 1638
period of 6 months after department board approval. Any 1639
applicant who fails to complete the licensure process within 1640
that time shall be required to make application as a new 1641
applicant. 1642
Section 40. Subsection (1) of section 468.386, Florida 1643
Statutes, is amended to read: 1644
468.386 Fees; local licensing requirements.— 1645
(1) The department board by rule may establish 1646
application, examination, licensure, renewal, and other 1647
reasonable and necessary fees, based upon the department's 1648
estimate of the costs to the board in administering this act. 1649
Section 41. Section 468.387, Florida Statutes, is amended 1650

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to read: 1651
468.387 Licensing of nonresidents; endorsement; 1652
reciprocity.—The department shall issue a license by endorsement 1653
to practice auctioneering to an applicant who, upon applying to 1654
the department and remitting the required fee, set by the 1655
department board, demonstrates to the department board that he 1656
or she satisfies the requirements of s. 468.385(3) and holds a 1657
valid license to practice auctioneering in another state, 1658
provided that the requirements for licensure in that state are 1659
substantially equivalent to or more stringent than those 1660
existing in this state. The endorsement and reciprocity 1661
provisions of this section shall apply to auctioneers only and 1662
not to professions or occupations regulated by other statutes. 1663
Section 42. Subsections (3) and (9) and paragraph (b) of 1664
subsection (10) of section 468.388, Florida Statutes, are 1665
amended to read: 1666
468.388 Conduct of an auction.— 1667
(3) Each auctioneer or auction business shall maintain a 1668
record book of all sales. The record book shall be open to 1669
inspection by the department board at reasonable times. 1670
(9) The auction business under which the auction is 1671
conducted is responsible for all other aspects of the auction as 1672
required by department board rule. The auction business may 1673
delegate in whole, or in part, different aspects of the auction 1674
only to the extent that such delegation is permitted by law and 1675

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that such delegation will not impede the principal auctioneer's 1676
ability to ensure the proper conduct of his or her independent 1677
responsibility for the auction. The auction business under whose 1678
auspices the auction is conducted is responsible for ensuring 1679
compliance as required by department board rule. 1680
(10) 1681
(b) Each auction business shall maintain, for not less 1682
than 2 years, a separate ledger showing the funds held for 1683
another person deposited and disbursed by the auction business 1684
for each auction. The escrow or trust account must be reconciled 1685
monthly with the bank statement. A signed and dated record shall 1686
be maintained for a 2-year period and be available for 1687
inspection by the department or at the request of the board. 1688
Section 43. Paragraph (j) of subsection (1), subsection 1689
(2), and paragraph (a) of subsection (3) of section 468.389, 1690
Florida Statutes, are amended to read: 1691
468.389 Prohibited acts; penalties.— 1692
(1) The following acts shall be grounds for the 1693
disciplinary activities provided in subsections (2) and (3): 1694
(j) Violating a statute or administrative rule regulating 1695
practice under this part or a lawful disciplinary order of the 1696
board or the department. 1697
(2) When the department board finds any person guilty of 1698
any of the prohibited acts set forth in subsection (1), it may 1699
enter an order imposing one or more of the following penalties: 1700

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(a) Refusal to certify to the department an application 1701
for licensure. 1702
(b) Revocation or suspension of a license. 1703
(c) Imposition of an administrative fine not to exceed 1704
$1,000 for each count or separate offense. 1705
(d) Issuance of a reprimand. 1706
(e) Placement of the auctioneer on probation for a period 1707
of time and subject to conditions as the department board may 1708
specify, including requiring the auctioneer to successfully 1709
complete the licensure examination. 1710
(f) Requirement that the person in violation make 1711
restitution to each consumer affected by that violation. Proof 1712
of such restitution shall be a signed and notarized release 1713
executed by the consumer or the consumer's estate. 1714
(3)(a) Failure to pay a fine within a reasonable time, as 1715
prescribed by department board rule, may be grounds for 1716
disciplinary action. 1717
Section 44. Section 468.392, Florida Statutes, is amended 1718
to read: 1719
468.392 Auctioneer Recovery Fund.—There is created the 1720
Auctioneer Recovery Fund as a separate account in the 1721
Professional Regulation Trust Fund. The fund shall be 1722
administered by the department Florida Board of Auctioneers. 1723
(1) The Chief Financial Officer shall invest the money not 1724
currently needed to meet the obligations of the fund in the same 1725

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manner as other public funds may be invested. Interest that 1726
accrues from these investments shall be deposited to the credit 1727
of the Auctioneer Recovery Fund and shall be available for the 1728
same purposes as other moneys deposited in the Auctioneer 1729
Recovery Fund. 1730
(2) All payments and disbursements from the Auctioneer 1731
Recovery Fund shall be made by the Chief Financial Officer upon 1732
a voucher signed by the Secretary of Business and Professional 1733
Regulation or the secretary's designee. 1734
(3) If at any time the moneys in the Auctioneer Recovery 1735
Fund are insufficient to satisfy any valid claim or portion 1736
thereof, the department board shall satisfy such unpaid claim or 1737
portion thereof as soon as a sufficient amount has been 1738
deposited in or transferred to the fund. When there is more than 1739
one unsatisfied claim outstanding, such claims shall be paid in 1740
the order in which the claims were made. 1741
(4) Upon the payment of any amount from the Auctioneer 1742
Recovery Fund in settlement of a claim in satisfaction of a 1743
judgment against an auctioneer or auction business as described 1744
in s. 468.395, the license of such auctioneer or auction 1745
business shall be automatically suspended until the licensee has 1746
complied with s. 468.398. A discharge of bankruptcy does shall 1747
not relieve a person from the penalties and disabilities 1748
provided in this section. 1749
(5) Moneys in the fund at the end of a fiscal year shall 1750

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be retained in the fund and shall accrue for the benefit of 1751
auctioneers and auction businesses. When the fund exceeds the 1752
amount as set forth in s. 468.393(2), all surcharges shall be 1753
suspended until such time as the fund is reduced below the 1754
amount as set forth in s. 468.393(3). 1755
Section 45. Subsections (1), (3), and (4) of section 1756
468.393, Florida Statutes, are amended to read: 1757
468.393 Surcharge to license fee; assessments.— 1758
(1) At the time of licensure under s. 468.385, s. 1759
468.3851, or s. 468.3852, each licensee shall pay, in addition 1760
to an application and license fee, a surcharge in an amount to 1761
be determined by the department board, not to exceed $300, which 1762
shall be deposited in the Auctioneer Recovery Fund. 1763
(3) After October 1, 1995, if the total amount in the 1764
Auctioneer Recovery Fund, including principal and interest, is 1765
less than $200,000 at the end of the fiscal year after the 1766
payment of all claims and expenses, the department board shall 1767
assess, in addition to any other fees under s. 468.3852, a 1768
surcharge against a licensee at the time of initial licensure or 1769
at the time of license renewal, according to the following 1770
formula in order to maintain the fund at $500,000: 1771
(a) Determine the amount remaining in the fund at the end 1772
of the state fiscal year after all expenses and claims have been 1773
paid. 1774
(b) Subtract the amount determined under paragraph (a) 1775

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from $500,000. 1776
(c) Determine the number of initial licenses and license 1777
renewals in the fiscal year that precedes the current fiscal 1778
year. 1779
(d) Divide the amount determined under paragraph (b) by 1780
the number determined under paragraph (c). 1781
(4) The department board shall assess the surcharge 1782
described in subsection (3) against each licensee who receives 1783
an initial license or receives a renewal license during the 1784
fiscal year that follows the year in which the amount remaining 1785
in the fund was less than $200,000. 1786
Section 46. Subsections (1) and (4) of section 468.395, 1787
Florida Statutes, are amended to read: 1788
468.395 Conditions of recovery; eligibility.— 1789
(1) Recovery from the Auctioneer Recovery Fund may be 1790
obtained as follows: 1791
(a) Any aggrieved person is eligible to receive recovery 1792
from the Auctioneer Recovery Fund if the department Florida 1793
Board of Auctioneers has issued a final order directing an 1794
offending licensee to pay restitution to the claimant as the 1795
result of the licensee violating, within this state, any 1796
provision of s. 468.389 or any rule adopted by the department 1797
board and if the department board determined that the order of 1798
restitution cannot be enforced; or 1799
(b) Any aggrieved person who obtains a final judgment in 1800

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any court against any licensee to recover damages for any actual 1801
loss that results from the violation, within this state, by a 1802
licensee of any provision of s. 468.389 or any rule adopted by 1803
the department board may, upon termination of all proceedings, 1804
including appeals and proceedings supplemental to judgment for 1805
collection purposes, file a verified application to the 1806
department board for an order directing payment out of the 1807
Auctioneer Recovery Fund of the amount of actual loss in the 1808
transaction that remains unpaid upon the judgment. The amount of 1809
actual loss may include court costs, but may shall not include 1810
attorney attorney's fees or punitive damages awarded. 1811
(4) The department may board shall not issue an order for 1812
payment of a claim from the Auctioneer Recovery Fund unless the 1813
claimant has reasonably established to the department board that 1814
she or he has taken proper and reasonable action to collect the 1815
amount of her or his claim from the licensee responsible for the 1816
loss and that any recovery made has been applied to reduce the 1817
amount of the claim on the Auctioneer Recovery Fund. 1818
Section 47. Subsections (2) and (3) of section 468.396, 1819
Florida Statutes, are amended to read: 1820
468.396 Claims against a single licensee in excess of 1821
dollar limitation; joinder of claims, payment; insufficient 1822
funds.— 1823
(2) Upon petition of the department board, the court may 1824
require all claimants and prospective claimants against one 1825

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licensee to be joined in one action, to the end that the 1826
respective rights of all the claimants to the department board 1827
may be equitably adjudicated and settled. 1828
(3) On June 30 and December 31 of each year, the 1829
department board shall identify each claim that the court orders 1830
to be paid during the 6-month period that ended on that day. The 1831
department board shall pay the part of each claim that is so 1832
identified within 15 days after the end of the 6-month period in 1833
which the claim is ordered paid. However, if the balance in the 1834
fund is insufficient to pay the full payable amount of each 1835
claim that is ordered to be paid during a 6-month period, the 1836
department board shall pay a prorated portion of each claim that 1837
is ordered to be paid during the period. Any part of the payable 1838
amount of a claim left unpaid due to the prorating of payments 1839
under this subsection shall be paid, subject to the $50,000 1840
limit described in s. 468.395, before the payment of claims 1841
ordered to be paid during the following 6 months. 1842
Section 48. Section 468.397, Florida Statutes, is amended 1843
to read: 1844
468.397 Payment of claim.—Upon a final order of the court 1845
directing that payment be made out of the Auctioneer Recovery 1846
Fund, the department board shall, subject to the provisions of 1847
this part, make the payment out of the Auctioneer Recovery Fund 1848
as provided in s. 468.395. 1849
Section 49. Section 468.398, Florida Statutes, is amended 1850

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to read: 1851
468.398 Suspension of judgment debtor's license; repayment 1852
by licensee; interest.—If the department board is required to 1853
make any payment from the Auctioneer Recovery Fund in settlement 1854
of a claim or toward the satisfaction of a judgment under this 1855
part, the department board shall suspend the judgment debtor's 1856
license. The licensee is not eligible to be licensed again as 1857
either an auctioneer or auction business until the licensee has 1858
repaid in full the amount paid from the Auctioneer Recovery 1859
Fund, with interest at the current applicable rate. 1860
Section 50. Subsection (1) of section 468.404, Florida 1861
Statutes, is amended to read: 1862
468.404 License; fees; renewals.— 1863
(1) The department shall establish biennial fees for 1864
initial licensing, renewal of license every 4 years, and 1865
reinstatement of license, none of which fees shall exceed $400. 1866
The department may establish a delinquency fee of no more than 1867
$50. The fees shall be adequate to proportionately fund the 1868
expenses of the department which are allocated to the regulation 1869
of talent agencies and shall be based on the department's 1870
estimate of the revenue required to administer this part. 1871
Section 51. Subsection (1) of section 468.407, Florida 1872
Statutes, is amended to read: 1873
468.407 License; content; posting.— 1874
(1) The talent agency license shall be valid for the 1875

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biennial period in which issued and shall be in such form as may 1876
be determined by the department, but shall at least specify the 1877
name under which the applicant is to operate, the address of the 1878
place of business, the expiration date of the license, the full 1879
names and titles of the owner and the operator, and the number 1880
of the license. 1881
Section 52. Subsection (5) of section 468.431, Florida 1882
Statutes, is amended to read: 1883
468.431 Definitions.—As used in this part: 1884
(5) "Council" means the Regulatory Council of Community 1885
Association Managers. 1886
Section 53. Paragraph (d) of subsection (2) and subsection 1887
(3) of section 468.433, Florida Statutes, are amended to read: 1888
468.433 Licensure by examination.— 1889
(2) The department shall examine each applicant who is at 1890
least 18 years of age, who has successfully completed all 1891
prelicensure education requirements, and who the department 1892
certifies is of good moral character. 1893
(d) The department council shall establish by rule the 1894
required amount of prelicensure education, which shall consist 1895
of not more than 24 hours of in-person instruction by a 1896
department-approved provider and which shall cover all areas of 1897
the examination specified in subsection (3). Such instruction 1898
shall be completed within 12 months before prior to the date of 1899
the examination. Prelicensure education providers shall be 1900

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considered continuing education providers for purposes of 1901
establishing provider approval fees. A licensee shall not be 1902
required to comply with the continuing education requirements of 1903
s. 468.4337 prior to the first license renewal. The department 1904
shall, by rule, set standards for exceptions to the requirement 1905
of in-person instruction in cases of hardship or disability. 1906
(3) The department council shall approve an examination 1907
for licensure. The examination must demonstrate that the 1908
applicant has a fundamental knowledge of state and federal laws 1909
relating to the operation of all types of community associations 1910
and state laws relating to corporations and nonprofit 1911
corporations, proper preparation of community association 1912
budgets, proper procedures for noticing and conducting community 1913
association meetings, insurance matters relating to community 1914
associations, and management skills. 1915
Section 54. Subsection (1) of section 468.4336, Florida 1916
Statutes, is amended to read: 1917
468.4336 Renewal of license.— 1918
(1) The department shall renew a license upon receipt of 1919
the renewal application and fee and upon proof of compliance 1920
with the continuing education requirements of s. 468.4337. 1921
Section 55. Section 468.435, Florida Statutes, is amended 1922
to read: 1923
468.435 Fees; establishment; disposition.— 1924
(1) The department council shall establish fees for the 1925

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described purposes and within the ranges specified in this 1926
section: 1927
(a) Application fee: not less than $25, or more than $50. 1928
(b) Examination fee: not less than $25, or more than $100. 1929
(c) Initial license fee: not less than $25, or more than 1930
$100. 1931
(d) Renewal of license fee: not less than $25, or more 1932
than $100. 1933
(e) Delinquent license fee: not less than $25, or more 1934
than $50. 1935
(f) Inactive license fee: not less than $10, or more than 1936
$25. 1937
(2) Until the department council establishes fees under 1938
subsection (1), the lower amount in each range shall apply. 1939
(3) Fees collected under this section shall be deposited 1940
to the credit of the Professional Regulation Trust Fund. 1941
(4) The department council shall establish fees that are 1942
adequate to fund the cost to implement the provisions of this 1943
part. Fees shall be based on the department estimates of the 1944
revenue required to implement this part and the provisions of 1945
law with respect to the regulation of community association 1946
managers. 1947
Section 56. Paragraph (b) of subsection (2) and subsection 1948
(3) of section 468.436, Florida Statutes, are amended to read: 1949
468.436 Disciplinary proceedings.— 1950

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(2) The following acts constitute grounds for which the 1951
disciplinary actions in subsection (4) may be taken: 1952
(b)1. Violation of this part. 1953
2. Violation of any lawful order or rule rendered or 1954
adopted by the department or the council. 1955
3. Being convicted of or pleading nolo contendere to a 1956
felony in any court in the United States. 1957
4. Obtaining a license or certification or any other 1958
order, ruling, or authorization by means of fraud, 1959
misrepresentation, or concealment of material facts. 1960
5. Committing acts of gross misconduct or gross negligence 1961
in connection with the profession. 1962
6. Contracting, on behalf of an association, with any 1963
entity in which the licensee has a financial interest that is 1964
not disclosed. 1965
7. Failing to disclose any conflict of interest as 1966
required by s. 468.4335. 1967
8. Violating chapter 718, chapter 719, or chapter 720 1968
during the course of performing community association management 1969
services pursuant to a contract with a community association as 1970
defined in s. 468.431(1). 1971
(3) The department council shall specify by rule the acts 1972
or omissions that constitute a violation of subsection (2). 1973
Section 57. Subsection (2) of section 468.520, Florida 1974
Statutes, is amended to read: 1975

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468.520 Definitions.—As used in this part: 1976
(2) "Board" means the Board of Employee Leasing Companies. 1977
Section 58. Section 468.522, Florida Statutes, is amended 1978
to read: 1979
468.522 Rules of the department board.—The department may 1980
board has authority to adopt rules pursuant to ss. 120.536(1) 1981
and 120.54 to implement the provisions of this part. Every 1982
licensee shall be governed and controlled by this part and the 1983
rules adopted by the department board. 1984
Section 59. Subsection (2) and paragraph (b) of subsection 1985
(4) of section 468.524, Florida Statutes, are amended to read: 1986
468.524 Application for license.— 1987
(2) The department board may require information and 1988
certifications necessary to determine that the applicant is of 1989
good moral character and meets other licensure requirements of 1990
this part. 1991
(4) An applicant or licensee is ineligible to reapply for 1992
a license for a period of 1 year following final agency action 1993
on the denial or revocation of a license applied for or issued 1994
under this part. This time restriction does not apply to 1995
administrative denials or revocations entered because: 1996
(b) The experience documented to the department board was 1997
insufficient at the time of the previous application; 1998
Section 60. Section 468.5245, Florida Statutes, is amended 1999
to read: 2000

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468.5245 Change of ownership.— 2001
(1) A license or registration issued to any entity under 2002
this part may not be transferred or assigned. The department 2003
board shall adopt rules to provide for a licensee's or 2004
registrant's change of name or location. 2005
(2) A person or entity that seeks to purchase or acquire 2006
control of an employee leasing company or group licensed or 2007
registered under this part must first apply to the department 2008
board for a certificate of approval for the proposed change of 2009
ownership. However, prior approval is not required if, at the 2010
time the purchase or acquisition occurs, a controlling person of 2011
the employee leasing company or group maintains a controlling 2012
person license under this part. Notification must be provided to 2013
the department board within 30 days after the purchase or 2014
acquisition of such company in the manner prescribed by the 2015
department board. 2016
(3) Any application that is submitted to the department 2017
board under this section shall be deemed approved if the 2018
department board has not approved the application or rejected 2019
the application, and provided the applicant with the basis for a 2020
rejection, within 90 days after the receipt of the completed 2021
application. 2022
(4) The department board shall establish filing fees for a 2023
change-of-ownership application in accordance with s. 2024
468.524(1). 2025

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Section 61. Subsection (2) and paragraphs (c) through (f) 2026
of subsection (3) of section 468.525, Florida Statutes, are 2027
amended to read: 2028
468.525 License requirements.— 2029
(2)(a) As used in this part, "good moral character" means 2030
a personal history of honesty, trustworthiness, fairness, a good 2031
reputation for fair dealings, and respect for the rights of 2032
others and for the laws of this state and nation. A thorough 2033
background investigation of the individual's good moral 2034
character shall be instituted by the department. Such 2035
investigation shall require: 2036
1. The submission of fingerprints, for processing through 2037
appropriate law enforcement agencies, by the applicant and the 2038
examination of police records by the department board. 2039
2. Such other investigation of the individual as the 2040
department board may deem necessary. 2041
(b) The department board may deny an application for 2042
licensure or renewal citing lack of good moral character. 2043
Conviction of a crime within the last 7 years may shall not 2044
automatically bar any applicant or licensee from obtaining a 2045
license or continuing as a licensee. The department board shall 2046
consider the type of crime committed, the crime's relevancy to 2047
the employee leasing industry, the length of time since the 2048
conviction, and any other factors deemed relevant by the 2049
department board. 2050

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(3) Each employee leasing company licensed by the 2051
department shall have a registered agent for service of process 2052
in this state and at least one licensed controlling person. In 2053
addition, each licensed employee leasing company shall comply 2054
with the following requirements: 2055
(c) An applicant for initial or renewal license of an 2056
employee leasing company license or employee leasing company 2057
group shall have an accounting net worth or shall have 2058
guaranties, letters of credit, or other security acceptable to 2059
the department board in sufficient amounts to offset any 2060
deficiency. A guaranty will not be acceptable to satisfy this 2061
requirement unless the applicant submits sufficient evidence to 2062
satisfy the department board that the guarantor has adequate 2063
resources to satisfy the obligation of the guaranty. 2064
(d) Each employee leasing company shall maintain an 2065
accounting net worth and positive working capital, as determined 2066
in accordance with generally accepted accounting principles, or 2067
shall have guaranties, letters of credit, or other security 2068
acceptable to the department board in sufficient amounts to 2069
offset any deficiency. A guaranty will not be acceptable to 2070
satisfy this requirement unless the licensee submits sufficient 2071
evidence, as defined by rule, that the guarantor has adequate 2072
resources to satisfy the obligation of the guaranty. In 2073
determining the amount of working capital, a licensee shall 2074
include adequate reserves for all taxes and insurance, including 2075

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plans of self-insurance or partial self-insurance for claims 2076
incurred but not paid and for claims incurred but not reported. 2077
Compliance with the requirements of this paragraph is subject to 2078
verification by department or board audit. 2079
(e) Each employee leasing company or employee leasing 2080
company group shall submit annual financial statements audited 2081
by an independent certified public accountant, with the 2082
application and within 120 days after the end of each fiscal 2083
year, in a manner and time prescribed by the department board, 2084
provided, however, that any employee leasing company or employee 2085
leasing company group with gross Florida payroll of less than 2086
$2.5 million during any fiscal year may submit financial 2087
statements reviewed by an independent certified public 2088
accountant for that year. 2089
(f) The licensee shall notify the department or board in 2090
writing within 30 days after any change in the application or 2091
status of the license. 2092
Section 62. Subsections (3) and (5) of section 468.526, 2093
Florida Statutes, are amended to read: 2094
468.526 License required; fees.— 2095
(3) Each employee leasing company and employee leasing 2096
company group licensee shall pay to the department upon the 2097
initial issuance of a license and upon each renewal thereafter a 2098
license fee not to exceed $2,500 to be established by the 2099
department board. In addition to the license fee, the department 2100

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board shall establish an annual assessment for each employee 2101
leasing company and each employee leasing company group 2102
sufficient to cover all costs for regulation of the profession 2103
pursuant to this chapter, chapter 455, and any other applicable 2104
provisions of law. The annual assessment shall: 2105
(a) Be due and payable upon initial licensure and 2106
subsequent renewals thereof and 1 year before the expiration of 2107
any licensure period; and 2108
(b) Be based on a fixed percentage, variable classes, or a 2109
combination of both, as determined by the department board, of 2110
gross Florida payroll for employees leased to clients by the 2111
applicant or licensee during the period beginning five quarters 2112
before and ending one quarter before each assessment. It is the 2113
intent of the Legislature that the greater weight of total fees 2114
for licensure and assessments should be on larger companies and 2115
groups. 2116
(5) Each controlling person licensee shall pay to the 2117
department upon the initial issuance of a license and upon each 2118
renewal thereafter a license fee to be established by the 2119
department board in an amount not to exceed $2,000. 2120
Section 63. Subsection (1) of section 468.527, Florida 2121
Statutes, is amended to read: 2122
468.527 Licensure and license renewal.— 2123
(1) The department shall license any applicant who the 2124
department board certifies is qualified to practice employee 2125

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leasing as an employee leasing company, employee leasing company 2126
group, or controlling person. 2127
Section 64. Subsection (2) of section 468.5275, Florida 2128
Statutes, is amended to read: 2129
468.5275 Registration and exemption of de minimis 2130
operations.— 2131
(2) A registration is valid for 1 year. Each registrant 2132
shall pay to the department upon initial registration, and upon 2133
each renewal thereafter, a registration fee to be established by 2134
the department board in an amount not to exceed: 2135
(a) Two hundred and fifty dollars for an employee leasing 2136
company. 2137
(b) Five hundred dollars for an employee leasing company 2138
group. 2139
Section 65. Subsections (2), (4), and (5) of section 2140
468.529, Florida Statutes, are amended to read: 2141
468.529 Licensee's insurance; employment tax; benefit 2142
plans.— 2143
(2) An initial or renewal license may not be issued to any 2144
employee leasing company unless the employee leasing company 2145
first files with the department board evidence of workers' 2146
compensation coverage for all leased employees in this state. 2147
Each employee leasing company shall maintain and make available 2148
to its workers' compensation carrier the following information: 2149
(a) The correct name and federal identification number of 2150

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each client company. 2151
(b) A listing of all covered employees provided to each 2152
client company, by classification code. 2153
(c) The total eligible wages by classification code and 2154
the premiums due to the carrier for the employees provided to 2155
each client company. 2156
(4) An initial or renewal license may not be issued to any 2157
employee leasing company unless the employee leasing company 2158
first provides evidence to the department board, as required by 2159
department board rule, that the employee leasing company has 2160
paid all of the employee leasing company's obligations for 2161
payroll, payroll-related taxes, workers' compensation insurance, 2162
and employee benefits. All disputed amounts must be disclosed in 2163
the application. 2164
(5) The provisions of this section are subject to 2165
verification by department or board audit. 2166
Section 66. Subsections (3) and (4) of section 468.530, 2167
Florida Statutes, are amended to read: 2168
468.530 License, contents; posting.— 2169
(3) A No license is not shall be valid for any person or 2170
entity who engages in the business under any name other than 2171
that specified in the license. A license issued under this part 2172
is shall not be assignable, and a no licensee may not conduct a 2173
business under a fictitious name without prior written 2174
authorization of the department board to do so. The department 2175

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board may not authorize the use of a name which is so similar to 2176
that of a public officer or agency, or of that used by another 2177
licensee, that the public may be confused or misled thereby. A 2178
No licensee may not shall be permitted to conduct business under 2179
more than one name unless it has obtained a separate license. A 2180
licensee desiring to change its licensed name at any time except 2181
upon license renewal shall notify the department board and pay a 2182
fee not to exceed $50 for each authorized change of name. 2183
(4) Each employee leasing company or employee leasing 2184
company group licensed under this part shall be properly 2185
identified in all advertisements, which must include the license 2186
number, licensed business name, and other appropriate 2187
information in accordance with rules established by the 2188
department board. 2189
Section 67. Paragraph (e) of subsection (1) of section 2190
468.531, Florida Statutes, is amended to read: 2191
468.531 Prohibitions; penalties.— 2192
(1) No person or entity shall: 2193
(e) Knowingly give false or forged evidence to the 2194
department board or a member thereof; or 2195
Section 68. Section 468.532, Florida Statutes, is amended 2196
to read: 2197
468.532 Discipline.— 2198
(1) The following constitute grounds for which 2199
disciplinary action against a licensee may be taken by the 2200

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department board: 2201
(a) Being convicted or found guilty of, or entering a plea 2202
of nolo contendere to, regardless of adjudication, bribery, 2203
fraud, or willful misrepresentation in obtaining, attempting to 2204
obtain, or renewing a license. 2205
(b) Being convicted or found guilty of, or entering a plea 2206
of nolo contendere to, regardless of adjudication, a crime in 2207
any jurisdiction which relates to the operation of an employee 2208
leasing business or the ability to engage in business as an 2209
employee leasing company. 2210
(c) Being convicted or found guilty of, or entering a plea 2211
of nolo contendere to, regardless of adjudication, fraud, 2212
deceit, or misconduct in the classification of employees 2213
pursuant to chapter 440. 2214
(d) Being convicted or found guilty of, or entering a plea 2215
of nolo contendere to, regardless of adjudication, fraud, 2216
deceit, or misconduct in the establishment or maintenance of 2217
self-insurance, be it health insurance or workers' compensation 2218
insurance. 2219
(e) Being convicted or found guilty of, or entering a plea 2220
of nolo contendere to, regardless of adjudication, fraud, 2221
deceit, or misconduct in the operation of an employee leasing 2222
company. 2223
(f) Conducting business without an active license. 2224
(g) Failing to maintain workers' compensation insurance as 2225

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required in s. 468.529. 2226
(h) Transferring or attempting to transfer a license 2227
issued pursuant to this part. 2228
(i) Violating any provision of this part or any lawful 2229
order or rule issued under the provisions of this part or 2230
chapter 455. 2231
(j) Failing to notify the department board, in writing, of 2232
any change of the primary business address or the addresses of 2233
any of the licensee's offices in the state. 2234
(k) Having been confined in any county jail, 2235
postadjudication, or being confined in any state or federal 2236
prison or mental institution, or when through mental disease or 2237
deterioration, the licensee can no longer safely be entrusted to 2238
deal with the public or in a confidential capacity. 2239
(l) Having been found guilty for a second time of any 2240
misconduct that warrants suspension or being found guilty of a 2241
course of conduct or practices which shows that the licensee is 2242
so incompetent, negligent, dishonest, or untruthful that the 2243
money, property, transactions, and rights of investors, or those 2244
with whom the licensee may sustain a confidential relationship, 2245
may not safely be entrusted to the licensee. 2246
(m) Failing to inform the department board in writing 2247
within 30 days after being convicted or found guilty of, or 2248
entering a plea of nolo contendere to, any felony, regardless of 2249
adjudication. 2250

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(n) Failing to conform to any lawful order of the 2251
department board. 2252
(o) Being determined liable for civil fraud by a court in 2253
any jurisdiction. 2254
(p) Having adverse material final action taken by any 2255
state or federal regulatory agency for violations within the 2256
scope of control of the licensee. 2257
(q) Failing to inform the department board in writing 2258
within 30 days after any adverse material final action by a 2259
state or federal regulatory agency. 2260
(r) Failing to meet or maintain the requirements for 2261
licensure as an employee leasing company or controlling person. 2262
(s) Engaging as a controlling person any person who is not 2263
licensed as a controlling person by the department board. 2264
(t) Attempting to obtain, obtaining, or renewing a license 2265
to practice employee leasing by bribery, misrepresentation, or 2266
fraud. 2267
(2) When the department board finds any violation of 2268
subsection (1), it may do one or more of the following: 2269
(a) Deny an application for licensure. 2270
(b) Permanently revoke, suspend, restrict, or not renew a 2271
license. 2272
(c) Impose an administrative fine not to exceed $5,000 for 2273
every count or separate offense. 2274
(d) Issue a reprimand. 2275

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(e) Place the licensee on probation for a period of time 2276
and subject to such conditions as the department board may 2277
specify. 2278
(f) Assess costs associated with investigation and 2279
prosecution. 2280
(3) Upon revocation or suspension of a license, the 2281
licensee must immediately return to the department the license 2282
that was revoked or suspended. 2283
(4) The department board shall specify the penalties for 2284
any violation of this part. 2285
Section 69. Subsection (1) of section 468.603, Florida 2286
Statutes, is amended to read: 2287
468.603 Definitions.—As used in this part: 2288
(1) "Board" means the Florida Building Code Administrators 2289
and Inspectors Board. 2290
Section 70. Section 468.606, Florida Statutes, is amended 2291
to read: 2292
468.606 Authority of the department board.—The department 2293
may board is authorized to: 2294
(1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to 2295
implement the provisions of this part. 2296
(2) Certify individuals as being qualified under the 2297
provisions of this part to be building code administrators, 2298
plans examiners, and building code inspectors. 2299
Section 71. Section 468.607, Florida Statutes, is amended 2300

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to read: 2301
468.607 Certification of building code administration and 2302
inspection personnel.—The department board shall issue a 2303
certificate to any individual whom the department board 2304
determines to be qualified, within such class and level as 2305
provided in this part and with such limitations as the 2306
department board may place upon it. A No person may not be 2307
employed by a state agency or local governmental authority to 2308
perform the duties of a building code administrator, plans 2309
examiner, or building code inspector after October 1, 1993, 2310
without possessing the proper valid certificate issued in 2311
accordance with the provisions of this part. A Any person who 2312
acts as an inspector and plans examiner under s. 1013.37 while 2313
conducting activities authorized by certification under that 2314
section is certified to continue to conduct inspections for a 2315
local enforcement agency until the person's UBCI certification 2316
expires, after which time such person must possess the proper 2317
valid certificate issued in accordance with this part. 2318
Section 72. Section 468.613, Florida Statutes, is amended 2319
to read: 2320
468.613 Certification by endorsement.—The department board 2321
shall examine other certification or training programs, as 2322
applicable, upon submission to the department board for its 2323
consideration of an application for certification by 2324
endorsement. The department board shall waive its examination, 2325

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qualification, education, or training requirements, to the 2326
extent that such examination, qualification, education, or 2327
training requirements of the applicant are determined by the 2328
department board to be comparable with those established by the 2329
department board. The department board shall waive its 2330
examination, qualification, education, or training requirements 2331
if an applicant for certification by endorsement is at least 18 2332
years of age; is of good moral character; has held a valid 2333
building administrator, inspector, plans examiner, or the 2334
equivalent, certification issued by another state or territory 2335
of the United States for at least 10 years before the date of 2336
application; and has successfully passed an applicable 2337
examination administered by the International Code Council. Such 2338
application must be made either when the license in another 2339
state or territory is active or within 2 years after such 2340
license was last active. 2341
Section 73. Subsections (5) and (7) of section 468.619, 2342
Florida Statutes, are amended to read: 2343
468.619 Building code enforcement officials' bill of 2344
rights.— 2345
(5) The enforcement official shall be considered an agent 2346
of the governmental entity employing him or her and as such 2347
shall be defended by that entity in any action brought by the 2348
department or the board, provided the enforcement official is 2349
working within the scope of his or her employment. 2350

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(7) If any action taken against the enforcement official 2351
by the department or the board is found to be without merit by a 2352
court of competent jurisdiction, or if judgment in such an 2353
action is awarded to the enforcement official, the department or 2354
the board, or the assignee of the department or board, shall 2355
reimburse the enforcement official or his or her employer, as 2356
appropriate, for reasonable legal costs and reasonable attorney 2357
attorney's fees incurred. The amount awarded may shall not 2358
exceed the limit provided in s. 120.595. 2359
Section 74. Paragraph (a) of subsection (1) and 2360
subsections (2), (3), and (4) of section 468.621, Florida 2361
Statutes, are amended to read: 2362
468.621 Disciplinary proceedings.— 2363
(1) The following acts constitute grounds for which the 2364
disciplinary actions in subsection (2) may be taken: 2365
(a) Violating or failing to comply with any provision of 2366
this part, or a valid rule or lawful order of the board or 2367
department pursuant thereto. 2368
(2) When the department board finds any person guilty of 2369
any of the grounds set forth in subsection (1), it may enter an 2370
order imposing one or more of the following penalties: 2371
(a) Denial of an application for certification. 2372
(b) Permanent revocation. 2373
(c) Suspension of a certificate. 2374
(d) Imposition of an administrative fine not to exceed 2375

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$5,000 for each separate offense. Such fine must be rationally 2376
related to the gravity of the violation. 2377
(e) Issuance of a reprimand. 2378
(f) Placement of the certificateholder on probation for a 2379
period of time and subject to such conditions as the department 2380
board may impose, including alteration of performance level. 2381
(g) Satisfactory completion of continuing education. 2382
(h) Issuance of a citation. 2383
(3) Where a certificate is suspended, placed on probation, 2384
or has conditions imposed, the department board shall reinstate 2385
the certificate of a disciplined building code administrator, 2386
plans examiner, or building code inspector upon proof the 2387
disciplined individual has complied with all terms and 2388
conditions set forth in the final order. 2389
(4) A No person may not be allowed to apply for 2390
certification under this part for a minimum of 5 years after the 2391
date of revocation of any certificate issued pursuant to this 2392
part. The department board may by rule establish additional 2393
criteria for certification following revocation. 2394
Section 75. Subsections (1) and (5) of section 468.627, 2395
Florida Statutes, are amended to read: 2396
468.627 Application; examination; renewal; fees.— 2397
(1) The department board shall establish by rule fees to 2398
be paid for application, examination, reexamination, 2399
certification and certification renewal, inactive status 2400

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application, and reactivation of inactive certificates. The 2401
department board may establish by rule a late renewal penalty. 2402
The department board shall establish fees which are adequate, 2403
when combined with revenue generated by the provisions of s. 2404
468.631, to ensure the continued operation of this part. Fees 2405
shall be based on department estimates of the revenue required 2406
to implement this part. 2407
(5) The certificateholder shall provide proof, in a form 2408
established by board rule, that the certificateholder has 2409
completed at least 14 classroom hours of at least 50 minutes 2410
each of continuing education courses during each biennium since 2411
the issuance or renewal of the certificate, including the 2412
specialized or advanced coursework approved by the Florida 2413
Building Commission, as part of the building code training 2414
program established pursuant to s. 553.841, appropriate to the 2415
licensing category sought. A minimum of 3 of the required 14 2416
classroom hours must be on state law, rules, and ethics relating 2417
to professional standards of practice, duties, and 2418
responsibilities of the certificateholder. The board shall by 2419
rule establish criteria for approval of continuing education 2420
courses and providers, and may by rule establish criteria for 2421
accepting alternative nonclassroom continuing education on an 2422
hour-for-hour basis. 2423
Section 76. Paragraph (d) of subsection (1) of section 2424
468.629, Florida Statutes, is amended to read: 2425

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468.629 Prohibitions; penalties.— 2426
(1) No person may: 2427
(d) Give false or forged evidence to the board or the 2428
department, or a member, an employee, or an officer thereof, for 2429
the purpose of obtaining a certificate. 2430
Section 77. Subsection (1) of section 468.631, Florida 2431
Statutes, is amended to read: 2432
468.631 Building Code Administrators and Inspectors Fund.— 2433
(1) This part shall be funded through a surcharge, to be 2434
assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of 2435
1.5 percent of all permit fees associated with enforcement of 2436
the Florida Building Code as defined by the uniform account 2437
criteria and specifically the uniform account code for building 2438
permits adopted for local government financial reporting 2439
pursuant to s. 218.32. The minimum amount collected on any 2440
permit issued shall be $2. The unit of government responsible 2441
for collecting permit fees pursuant to s. 125.56 or s. 166.201 2442
shall collect such surcharge and shall remit the funds to the 2443
department on a quarterly calendar basis beginning not later 2444
than December 31, 2010, for the preceding quarter, and 2445
continuing each third month thereafter; and such unit of 2446
government shall retain 10 percent of the surcharge collected to 2447
fund the participation of building departments in the national 2448
and state building code adoption processes and to provide 2449
education related to enforcement of the Florida Building Code. 2450

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There is created within the Professional Regulation Trust Fund a 2451
separate account to be known as the Building Code Administrators 2452
and Inspectors Fund, which shall deposit and disburse funds as 2453
necessary for the implementation of this part. The proceeds from 2454
this surcharge shall be allocated equally to fund the Florida 2455
Homeowners' Construction Recovery Fund established by s. 489.140 2456
and the functions of the Building Code Administrators and 2457
Inspectors Board. The department may transfer excess cash to the 2458
Florida Homeowners' Construction Recovery Fund that it 2459
determines is not required to fund the implementation of this 2460
part board from the board's account within the Professional 2461
Regulation Trust Fund. However, the department may not transfer 2462
excess cash that would exceed the amount appropriated in the 2463
General Appropriations Act, and any amount approved by the 2464
Legislative Budget Commission pursuant to s. 216.181, to be used 2465
for the payment of claims from the Florida Homeowners' 2466
Construction Recovery Fund. 2467
Section 78. Subsections (4) and (7) of section 468.8312, 2468
Florida Statutes, are amended to read: 2469
468.8312 Fees.— 2470
(4) The biennial renewal fee shall not exceed $200. 2471
(7) The fee for applications from providers of continuing 2472
education may not exceed $500. 2473
Section 79. Section 468.8315, Florida Statutes, is amended 2474
to read: 2475

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468.8315 Renewal of license.— 2476
(1) The department shall renew a license upon receipt of 2477
the renewal application and upon certification by the department 2478
that the licensee has satisfactorily completed the continuing 2479
education requirements of s. 468.8316. 2480
(2) The department shall adopt rules establishing a 2481
procedure for the biennial renewal of licenses every 4 years. 2482
Section 80. Subsection (5) of section 468.8412, Florida 2483
Statutes, is amended to read: 2484
468.8412 Fees.— 2485
(5) The fee for a biennial license renewal shall not 2486
exceed $400. 2487
Section 81. Section 468.8415, Florida Statutes, is amended 2488
to read: 2489
468.8415 Renewal of license.— 2490
(1) The department shall renew a license upon receipt of 2491
the renewal application and fee and upon certification by the 2492
department that the licensee has satisfactorily completed the 2493
continuing education requirements of s. 468.8416. 2494
(2) The department shall adopt rules establishing a 2495
procedure for the biennial renewal of licenses every 4 years. 2496
Section 82. Subsection (2) of section 468.8417, Florida 2497
Statutes, is amended to read: 2498
468.8417 Inactive license.— 2499
(2) A license that becomes inactive may be reactivated 2500

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upon application to the department. The department may prescribe 2501
by rule continuing education requirements as a condition of 2502
reactivating a license. The rules may not require more than one 2503
renewal cycle of continuing education to reactivate a license. 2504
Section 83. Paragraph (d) of subsection (1) and paragraph 2505
(d) of subsection (2) of section 468.8419, Florida Statutes, are 2506
amended to read: 2507
468.8419 Prohibitions; penalties.— 2508
(1) A person may not: 2509
(d) Perform or offer to perform any mold remediation to a 2510
structure on which the mold assessor or the mold assessor's 2511
company provided a mold assessment within the last 12 months. 2512
This paragraph does not apply to a certified contractor who is 2513
classified in s. 489.105(2) s. 489.105(3) as a Division I 2514
contractor. However, the department may adopt rules requiring 2515
that, if such contractor performs the mold assessment and offers 2516
to perform the mold remediation, the contract for mold 2517
remediation provided to the homeowner discloses that he or she 2518
has the right to request competitive bids. 2519
(2) A mold remediator, a company that employs a mold 2520
remediator, or a company that is controlled by a company that 2521
also has a financial interest in a company employing a mold 2522
remediator may not: 2523
(d) Perform or offer to perform any mold assessment to a 2524
structure on which the mold remediator or the mold remediator's 2525

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company provided a mold remediation within the last 12 months. 2526
This paragraph does not apply to a certified contractor who is 2527
classified in s. 489.105(2) s. 489.105(3) as a Division I 2528
contractor. However, the department may adopt rules requiring 2529
that, if such contractor performs the mold remediation and 2530
offers to perform the mold assessment, the contract for mold 2531
assessment provided to the homeowner discloses that he or she 2532
has the right to request competitive bids. 2533
Section 84. Subsection (4) of section 469.004, Florida 2534
Statutes, is amended to read: 2535
469.004 License; asbestos consultant; asbestos 2536
contractor.— 2537
(4) A license issued under this chapter must be renewed 2538
every 4 2 years. Before an asbestos contractor's license may be 2539
renewed, the licensee must complete a 1-day course of continuing 2540
education during each of the preceding 2 years. Before an 2541
asbestos consultant's license may be renewed, the licensee must 2542
complete a 2-day course of continuing education during each of 2543
the preceding 2 years. 2544
Section 85. Subsection (5) of section 469.012, Florida 2545
Statutes, is renumbered as subsection (4), and subsection (1) 2546
and present subsection (4) of that section are amended to read: 2547
469.012 Course requirements for onsite supervisors and 2548
asbestos abatement workers.— 2549
(1) Each asbestos contractor's onsite supervisor must 2550

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complete an asbestos contractor/supervisor course of not less 2551
than 5 days before prior to engaging in onsite supervision. Such 2552
training shall cover the nature of the health risks, the medical 2553
effects of exposure, federal and state asbestos laws and 2554
regulations, worker protection, and work area protection. Each 2555
onsite supervisor must also complete a continuing education 2556
course of not less than 1 day in length each year. 2557
(4) All asbestos abatement workers, including onsite 2558
supervisors, must complete, as a condition of renewal of 2559
accreditation, such courses of continuing education each year as 2560
are approved and required by the department. 2561
Section 86. Subsection (1) of section 469.013, Florida 2562
Statutes, is amended to read: 2563
469.013 Course requirements for asbestos surveyors, 2564
management planners, project monitors, and project designers.— 2565
(1) All asbestos surveyors, management planners, and 2566
project monitors must comply with the requirements under set 2567
forth in this section before prior to commencing such activities 2568
and must also complete the continuing education necessary to 2569
maintain accreditation each year. 2570
(a) Management planners must complete all requirements of 2571
s. 469.005(2)(b) and (d). 2572
(b) Asbestos surveyors must complete all requirements of 2573
s. 469.005(2)(a). 2574
(c) Project monitors must complete all requirements of s. 2575

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469.005(3)(a) and must also complete an asbestos sampling course 2576
which is equivalent to NIOSH Course 582. 2577
(d) Project designers must complete all requirements of s. 2578
469.005(2)(d). 2579
Section 87. Subsection (5) of section 471.011, Florida 2580
Statutes, is amended to read: 2581
471.011 Fees.— 2582
(5) The biennial renewal fee shall not exceed $125. 2583
Section 88. Subsections (2) and (3) of section 471.017, 2584
Florida Statutes, are amended to read: 2585
471.017 Renewal of license.— 2586
(2) The board shall adopt rules establishing a procedure 2587
for the biennial renewal of licenses every 4 years. 2588
(3)(a) The board shall require a demonstration of 2589
continuing professional competency of engineers as a condition 2590
of license renewal or relicensure. Every licensee must complete 2591
9 continuing education hours for each year of the license 2592
renewal period, totaling 18 continuing education hours for the 2593
license renewal period. For each renewal period for such 2594
continuing education: 2595
1. One hour must relate to this chapter and the rules 2596
adopted under this chapter. 2597
2. One hour must relate to professional ethics. 2598
3. Four hours must relate to the licensee's area of 2599
practice. 2600

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4. The remaining hours may relate to any topic pertinent 2601
to the practice of engineering. 2602
2603
Continuing education hours may be earned by presenting or 2604
attending seminars, in-house or nonclassroom courses, workshops, 2605
or professional or technical presentations made at meetings, 2606
webinars, conventions, or conferences, including those presented 2607
by vendors with specific knowledge related to the licensee's 2608
area of practice. Up to 4 hours may be earned by serving as an 2609
officer or actively participating on a committee of a board-2610
recognized professional or technical engineering society. The 2 2611
required continuing education hours relating to this chapter, 2612
the rules adopted pursuant to this chapter, and ethics may be 2613
earned by serving as a member of the Legislature or as an 2614
elected state or local official. The hours required pursuant to 2615
s. 471.0195 may apply to any requirements of this section except 2616
for those required under subparagraph 1. 2617
(b) The board shall adopt rules that are substantially 2618
consistent with the most recent published version of the 2619
Continuing Professional Competency Guidelines of the National 2620
Council of Examiners for Engineering and Surveying, and shall 2621
allow nonclassroom hours to be credited. The board may, by rule, 2622
exempt from continuing professional competency requirements 2623
retired professional engineers who no longer sign and seal 2624
engineering documents and licensees in unique circumstances that 2625

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severely limit opportunities to obtain the required continuing 2626
education hours. 2627
Section 89. Section 471.019, Florida Statutes, is amended 2628
to read: 2629
471.019 Reactivation.—The board shall establish by rule a 2630
reinstatement process for void licenses. The rule shall 2631
prescribe appropriate continuing education requirements for 2632
reactivating a license. The continuing education requirements 2633
for reactivating a license for a licensed engineer may not 2634
exceed the continuing education requirements prescribed pursuant 2635
to s. 471.017 for each year the license was inactive. 2636
Section 90. Section 471.045, Florida Statutes, is amended 2637
to read: 2638
471.045 Professional engineers performing building code 2639
inspector duties.—Notwithstanding any other provision of law, a 2640
person who is currently licensed under this chapter to practice 2641
as a professional engineer may provide building code inspection 2642
services described in s. 468.603(4) and (7) s. 468.603(5) and 2643
(8) to a local government or state agency upon its request, 2644
without being certified by the Florida Building Code 2645
Administrators and Inspectors licensing program Board under part 2646
XII of chapter 468. When performing these building code 2647
inspection services, the professional engineer is subject to the 2648
disciplinary guidelines of this chapter and s. 468.621(1)(c)-2649
(h). Any complaint processing, investigation, and discipline 2650

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that arise out of a professional engineer's performing building 2651
code inspection services shall be conducted by the Board of 2652
Professional Engineers rather than the Florida Building Code 2653
Administrators and Inspectors licensing program Board. A 2654
professional engineer may not perform plans review as an 2655
employee of a local government upon any job that the 2656
professional engineer or the professional engineer's company 2657
designed. 2658
Section 91. Subsection (4) of section 472.003, Florida 2659
Statutes, is amended to read: 2660
472.003 Persons not affected by ss. 472.001-472.037.—2661
Sections 472.001-472.037 do not apply to: 2662
(4) Persons employed by county property appraisers, as 2663
defined at s. 192.001(3), and persons employed by the Department 2664
of Revenue, to prepare maps for property appraisal purposes 2665
only, but only to the extent that they perform mapping services 2666
which do not include any surveying activities as described in s. 2667
472.005(3)(a) and (b) s. 472.005(4)(a) and (b). 2668
Section 92. Subsection (1) of section 472.005, Florida 2669
Statutes, is amended to read: 2670
472.005 Definitions.—As used in ss. 472.001-472.037: 2671
(1) "Board" means the Board of Professional Surveyors and 2672
Mappers. 2673
Section 93. Subsection (1) of section 472.006, Florida 2674
Statutes, is amended to read: 2675

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472.006 Department; powers and duties.—The department 2676
shall: 2677
(1) Adopt rules establishing a procedure for the biennial 2678
renewal of licenses every 4 years. However, the department may 2679
issue up to a 4-year license to selected licensees 2680
notwithstanding any other law to the contrary. Fees for such 2681
renewal may not exceed the fee caps for individual professions 2682
on an annualized basis as authorized by law. 2683
Section 94. Subsection (5) of section 472.011, Florida 2684
Statutes, is amended to read: 2685
472.011 Fees.— 2686
(5) The biennial renewal fee shall not exceed $500. 2687
Section 95. Subsections (7) through (10) of section 2688
472.0202, Florida Statutes, are amended to read: 2689
472.0202 Inactive and delinquent status.— 2690
(7) The board, by rule, shall impose an additional 2691
delinquency fee, not to exceed the biennial renewal fee for an 2692
active status license, on a delinquent status licensee when such 2693
licensee applies for active or inactive status. 2694
(8) The board, by rule, shall impose an additional fee, 2695
not to exceed the biennial renewal fee for an active status 2696
license, for processing a licensee's request to change licensure 2697
status at any time other than at the beginning of a licensure 2698
cycle. 2699
(9) The board, by rule, may impose reasonable conditions, 2700

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excluding full reexamination but including part of a national 2701
examination or a special purpose examination to assess current 2702
competency, necessary to ensure that a licensee who has been on 2703
inactive status for more than one two consecutive biennial 2704
licensure cycle cycles and who applies for active status can 2705
practice with the care and skill sufficient to protect the 2706
health, safety, and welfare of the public. Reactivation 2707
requirements may differ depending on the length of time 2708
licensees are inactive. The costs to meet reactivation 2709
requirements shall be borne by licensees requesting 2710
reactivation. 2711
(10) Before reactivation, an inactive or delinquent 2712
licensee shall meet the same continuing education requirements, 2713
if any, imposed on an active status licensee for all biennial 2714
licensure periods in which the licensee was inactive or 2715
delinquent. 2716
Section 96. Subsection (2) of section 472.0203, Florida 2717
Statutes, is amended to read: 2718
472.0203 Renewal and cancellation notices.— 2719
(2) Each licensure renewal notification and each notice of 2720
pending cancellation of licensure must state conspicuously that 2721
a licensee who remains on inactive status for more than one two 2722
consecutive biennial licensure cycle cycles and who wishes to 2723
reactivate the license may be required to demonstrate the 2724
competency to resume active practice by sitting for a special 2725

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purpose examination or by completing other reactivation 2726
requirements, as defined by rule of the board. 2727
Section 97. Section 473.302, Florida Statutes, is amended 2728
to read: 2729
473.302 Definitions.—As used in this chapter, the term: 2730
(1) "Board" means the Board of Accountancy. 2731
(1)(2) "Department" means the Department of Business and 2732
Professional Regulation. 2733
(2)(3) "Division" means the Division of Certified Public 2734
Accounting. 2735
(3)(4) "Certified public accountant" means an individual 2736
who holds a license to practice public accounting in this state 2737
or an individual who is practicing public accounting in this 2738
state pursuant to the practice privilege granted in s. 473.3141. 2739
The term "Florida certified public accountant" means an 2740
individual holding a license under the authority of this 2741
chapter. 2742
(4)(5) "Firm" means any legal entity that is engaged in 2743
the practice of public accounting. 2744
(5)(6) "Home office" means the principal headquarters of 2745
an entity. An entity may have only one principal headquarters. 2746
(6)(7) "Licensed firm" or "public accounting firm" means a 2747
sole proprietorship, partnership, corporation, limited liability 2748
company, firm, or any other legal entity licensed under s. 2749
473.3101. 2750

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(7)(8) "Practice of," "practicing public accountancy," or 2751
"public accounting" means: 2752
(a) Offering to perform or performing for the public one 2753
or more types of services involving the expression of an opinion 2754
on financial statements, the attestation as an expert in 2755
accountancy to the reliability or fairness of presentation of 2756
financial information, the utilization of any form of opinion or 2757
financial statements that provide a level of assurance, the 2758
utilization of any form of disclaimer of opinion which conveys 2759
an assurance of reliability as to matters not specifically 2760
disclaimed, or the expression of an opinion on the reliability 2761
of an assertion by one party for the use by a third party; 2762
(b) Offering to perform or performing for the public one 2763
or more types of services involving the use of accounting 2764
skills, or one or more types of tax, management advisory, or 2765
consulting services, by any person who is a certified public 2766
accountant who holds an active license, issued pursuant to this 2767
chapter, or who is authorized to practice public accounting 2768
pursuant to the practice privileges granted in s. 473.3141, 2769
including the performance of such services by a certified public 2770
accountant in the employ of a person or firm; 2771
(c) Offering to perform or performing for the public one 2772
or more types of service involving the preparation of financial 2773
statements not included within paragraph (a), by a certified 2774
public accountant who holds an active license, issued pursuant 2775

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to this chapter, or who is authorized to practice public 2776
accounting pursuant to the practice privileges granted in s. 2777
473.3141; by a firm of certified public accountants; or by a 2778
firm in which a certified public accountant has an ownership 2779
interest, including the performance of such services in the 2780
employ of another person. The department board shall adopt rules 2781
establishing standards of practice for such reports and 2782
financial statements; provided, however, that nothing in this 2783
paragraph shall be construed to permit the department board to 2784
adopt rules that have the result of prohibiting Florida 2785
certified public accountants employed by unlicensed firms from 2786
preparing financial statements as authorized by this paragraph; 2787
or 2788
(d) Offering to perform or performing for the public one 2789
or more types of services involving any attestation engagements 2790
in accordance with the Statements on Standards for Attestation 2791
Engagements. 2792
(8)(9) "Uniform Accountancy Act" means the Uniform 2793
Accountancy Act, Eighth Edition, dated January 2018 and 2794
published by the American Institute of Certified Public 2795
Accountants and the National Association of State Boards of 2796
Accountancy. 2797
2798
However, these terms may shall not include services provided by 2799
the American Institute of Certified Public Accountants or the 2800

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Florida Institute of Certified Public Accountants, or any full 2801
service association of certified public accounting firms whose 2802
plans of administration have been approved by the department 2803
board, to their members or services performed by these entities 2804
in reviewing the services provided to the public by members of 2805
these entities. 2806
Section 98. Section 473.3035, Florida Statutes, is amended 2807
to read: 2808
473.3035 Division of Certified Public Accounting.— 2809
(1) All services concerning this chapter, including, but 2810
not limited to, recordkeeping services, examination services, 2811
legal services, and investigative services, and those services 2812
in chapter 455 necessary to perform the duties of this chapter 2813
shall be provided by the Division of Certified Public 2814
Accounting. The department board may, by majority vote, delegate 2815
a duty or duties to the appropriate division within the 2816
department. The department board may, by majority vote, rescind 2817
any such delegation of duties at any time. 2818
(2) The Division of Certified Public Accounting shall be 2819
funded by fees and assessments of the department board, and 2820
funds collected by the department board shall be used only to 2821
fund public accounting regulation. Funding for the Division of 2822
Certified Public Accounting shall be governed by ss. 215.37 and 2823
455.219. 2824
Section 99. Section 473.304, Florida Statutes, is amended 2825

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to read: 2826
473.304 Rules of department board; powers and duties; 2827
legal services.— 2828
(1) The department board shall adopt rules pursuant to ss. 2829
120.536(1) and 120.54 to implement the provisions of this act. 2830
Every certified public accountant and firm shall be governed and 2831
controlled by this act and the rules adopted by the department 2832
board. 2833
(2) Subject to the prior approval of the Attorney General, 2834
the department board may retain independent legal counsel to 2835
provide legal advice to the department board on a specific 2836
matter. 2837
(3) An attorney employed or used by the department board 2838
may not both prosecute a matter and provide legal services to 2839
the department board with respect to the same matter. 2840
Section 100. Section 473.305, Florida Statutes, is amended 2841
to read: 2842
473.305 Fees.—The department board, by rule, may establish 2843
fees to be paid for applications, examination, reexamination, 2844
licensing and renewal, reinstatement, and recordmaking and 2845
recordkeeping. The fee for the examination shall be established 2846
at an amount that covers the costs for the procurement or 2847
development, administration, grading, and review of the 2848
examination. The fee for the examination is refundable if the 2849
applicant is found to be ineligible to sit for the examination. 2850

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The fee for initial application is nonrefundable, and the 2851
combined fees for application and examination may not exceed 2852
$250 plus the actual per applicant cost to the department for 2853
purchase of the examination from the American Institute of 2854
Certified Public Accountants or a similar national organization. 2855
The biennial renewal fee may not exceed $250. The department 2856
board may also establish, by rule, a reactivation fee, and a 2857
delinquency fee not to exceed $50 for continuing professional 2858
education reporting forms. The department board shall establish 2859
fees which are adequate to ensure the continued operation of the 2860
department board and to fund the proportionate expenses incurred 2861
by the department which are allocated to the regulation of 2862
public accountants. Fees shall be based on department estimates 2863
of the revenue required to implement this chapter and the 2864
provisions of law with respect to the regulation of certified 2865
public accountants. 2866
Section 101. Paragraph (b) of subsection (3) and 2867
subsections (4), (5), and (6) of section 473.306, Florida 2868
Statutes, are amended to read: 2869
473.306 Examinations.— 2870
(3) An applicant is entitled to take the licensure 2871
examination to practice in this state as a certified public 2872
accountant if: 2873
(b) The applicant shows that she or he has good moral 2874
character. For purposes of this paragraph, the term "good moral 2875

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character" has the same meaning as provided in s. 473.308(6)(a) 2876
s. 473.308(7)(a). The department board may refuse to allow an 2877
applicant to take the licensure examination for failure to 2878
satisfy this requirement if: 2879
1. The department board finds a reasonable relationship 2880
between the lack of good moral character of the applicant and 2881
the professional responsibilities of a certified public 2882
accountant; and 2883
2. The finding by the department board of lack of good 2884
moral character is supported by competent substantial evidence. 2885
2886
If an applicant is found pursuant to this paragraph to be 2887
unqualified to take the licensure examination because of a lack 2888
of good moral character, the department board shall furnish to 2889
the applicant a statement containing the findings of the 2890
department board, a complete record of the evidence upon which 2891
the determination was based, and a notice of the rights of the 2892
applicant to a rehearing and appeal. 2893
(4) The department board shall have the authority to 2894
establish the standards for determining and shall determine: 2895
(a) What constitutes a passing grade for each subject or 2896
part of the licensure examination; 2897
(b) Which educational institutions, in addition to the 2898
universities in the State University System of Florida, shall be 2899
deemed to be accredited colleges or universities; 2900

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(c) What courses and number of hours constitute a major in 2901
accounting; and 2902
(d) What courses and number of hours constitute additional 2903
accounting courses acceptable under s. 473.308(4). 2904
(5) The department board may adopt an alternative 2905
licensure examination for persons who have been licensed to 2906
practice public accountancy or its equivalent in a foreign 2907
country so long as the International Qualifications Appraisal 2908
Board of the National Association of State Boards of Accountancy 2909
has ratified an agreement with that country for reciprocal 2910
licensure. 2911
(6) For the purposes of maintaining the proper educational 2912
qualifications for licensure under this chapter, the department 2913
board may appoint an Educational Advisory Committee, which shall 2914
be composed of one member of the department board, two persons 2915
in public practice who are licensed under this chapter, and four 2916
academicians on faculties of universities in this state. 2917
Section 102. Subsections (1), (2), and (3) of section 2918
473.309, Florida Statutes, are amended to read: 2919
473.309 Practice requirements for partnerships, 2920
corporations, and limited liability companies; business entities 2921
practicing public accounting.— 2922
(1) A partnership may not engage in the practice of public 2923
accounting, as defined in s. 473.302(7)(a) s. 473.302(8)(a), or 2924
meet the requirements of s. 473.3101(1)(b), unless: 2925

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(a) It is a form of partnership recognized by Florida law. 2926
(b) Partners owning at least 51 percent of the financial 2927
interest and voting rights of the partnership are certified 2928
public accountants in some state. However, each partner who is a 2929
certified public accountant in another state and is domiciled in 2930
this state must be a certified public accountant of this state 2931
and hold an active license. 2932
(c) At least one general partner is a certified public 2933
accountant of this state and holds an active license or, in the 2934
case of a firm that must have a license pursuant to s. 2935
473.3101(1)(c), at least one general partner is a certified 2936
public accountant in some state and meets the requirements of s. 2937
473.3141(1) s. 473.3141(1)(a) or (b). 2938
(d) All partners who are not certified public accountants 2939
in any state are engaged in the business of the partnership as 2940
their principal occupation. 2941
(e) It is in compliance with rules adopted by the 2942
department board pertaining to minimum capitalization, letters 2943
of credit, and adequate public liability insurance. 2944
(2) A corporation may not engage in the practice of public 2945
accounting, as defined in s. 473.302(7)(a) s. 473.302(8)(a), or 2946
meet the requirements of s. 473.3101(1)(b), unless: 2947
(a) It is a corporation duly organized in this or some 2948
other state. 2949
(b) Shareholders of the corporation owning at least 51 2950

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percent of the financial interest and voting rights of the 2951
corporation are certified public accountants in some state and 2952
are principally engaged in the business of the corporation. 2953
However, each shareholder who is a certified public accountant 2954
in another state and is domiciled in this state must be a 2955
certified public accountant of this state and hold an active 2956
license. 2957
(c) The principal officer of the corporation is a 2958
certified public accountant in some state. 2959
(d) At least one shareholder of the corporation is a 2960
certified public accountant and holds an active license in this 2961
state or, in the case of a firm that must have a license 2962
pursuant to s. 473.3101(1)(c), at least one shareholder is a 2963
certified public accountant in some state and meets the 2964
requirements of s. 473.3141(1) s. 473.3141(1)(a) or (b). 2965
(e) All shareholders who are not certified public 2966
accountants in any state are engaged in the business of the 2967
corporation as their principal occupation. 2968
(f) It is in compliance with rules adopted by the 2969
department board pertaining to minimum capitalization, letters 2970
of credit, and adequate public liability insurance. 2971
(3) A limited liability company may not engage in the 2972
practice of public accounting, as defined in s. 473.302(7)(a) s. 2973
473.302(8)(a), or meet the requirements of s. 473.3101(1)(b), 2974
unless: 2975

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(a) It is a limited liability company duly organized in 2976
this or some other state. 2977
(b) Members of the limited liability company owning at 2978
least 51 percent of the financial interest and voting rights of 2979
the company are certified public accountants in some state. 2980
However, each member who is a certified public accountant in 2981
some state and is domiciled in this state must be a certified 2982
public accountant of this state and hold an active license. 2983
(c) At least one member of the limited liability company 2984
is a certified public accountant and holds an active license in 2985
this state or, in the case of a firm that must have a license 2986
pursuant to s. 473.3101(1)(c), at least one member is a 2987
certified public accountant in some state and meets the 2988
requirements of s. 473.3141(1) s. 473.3141(1)(a) or (b). 2989
(d) All members who are not certified public accountants 2990
in any state are engaged in the business of the company as their 2991
principal occupation. 2992
(e) It is in compliance with rules adopted by the 2993
department board pertaining to minimum capitalization, letters 2994
of credit, and adequate public liability insurance. 2995
(f) It is currently licensed as required by s. 473.3101. 2996
Section 103. Subsections (1) and (4) of section 473.3101, 2997
Florida Statutes, are amended to read: 2998
473.3101 Licensure of firms or public accounting firms.— 2999
(1) The following must hold a license issued under this 3000

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section: 3001
(a) Any firm with an office in this state which performs 3002
services as defined in s. 473.302(7)(a) s. 473.302(8)(a); 3003
(b) Any firm with an office in this state which uses the 3004
title "CPA," "CPA firm," or any other title, designation, words, 3005
letters, abbreviations, or device tending to indicate that it is 3006
a CPA firm. The department board shall define by rule what 3007
constitutes a CPA firm; or 3008
(c)1. Any firm that does not have an office in this state 3009
but performs the services described in s. 473.3141(4) for a 3010
client having its home office in this state, unless it: 3011
a. Complies with the qualifications described in s. 3012
473.309. 3013
b. Is enrolled in a peer review program pursuant to s. 3014
473.3125(4). 3015
c. Performs services through an individual with practice 3016
privileges under s. 473.3141. 3017
d. Lawfully performs services in a state where an 3018
individual with practice privileges granted under s. 473.3141 3019
has his or her principal place of business. 3020
2. The department board shall define by rule what 3021
constitutes an office. 3022
(4) The department board shall determine whether the firm 3023
or public accounting firm meets the requirements for practice 3024
and, pending that determination, may certify to the department 3025

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the firm or public accounting firm for provisional licensure. 3026
Section 104. Subsection (2) of section 473.311, Florida 3027
Statutes, is amended to read: 3028
473.311 Renewal of license.— 3029
(2) The department shall adopt rules establishing a 3030
procedure for the biennial renewal of licenses issued pursuant 3031
to this section every 4 years. 3032
Section 105. Paragraph (a) of subsection (1) and 3033
subsections (2), (3), and (4) of section 473.3125, Florida 3034
Statutes, are amended to read: 3035
473.3125 Peer review.— 3036
(1) As used in this section, the term: 3037
(a) "Licensee" means a licensed firm or public accounting 3038
firm as defined in s. 473.302 s. 473.302(7) and engaged in the 3039
practice of public accounting as defined in s. 473.302(7)(a) s. 3040
473.302(8)(a) that is required to be licensed under s. 473.3101. 3041
(2) The department board shall adopt rules establishing 3042
minimum standards for peer review programs, including, but not 3043
limited to, standards for administering, performing, and 3044
reporting peer reviews. The department board shall also adopt 3045
rules establishing minimum criteria for the department's board's 3046
approval of one or more organizations that facilitate and 3047
administer peer review programs. 3048
(3) For the purposes of maintaining oversight of the 3049
license renewal requirements of s. 473.311(2), the department 3050

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board may establish a peer review oversight committee, which 3051
shall be composed of at least three, but no more than five, 3052
members who are licensed under this chapter and whose firms are 3053
subject to s. 473.311(2) and have received a review rating of 3054
"pass" on the most recent peer review. 3055
(4) Effective January 1, 2015, a licensed firm or public 3056
accounting firm as defined in s. 473.302 s. 473.302(7) and 3057
licensed under s. 473.3101 and engaged in the practice of public 3058
accounting as defined in s. 473.302(7)(a) s. 473.302(8)(a), 3059
except for the performance of compilations and reviews as those 3060
terms are defined by the department board, must be enrolled in a 3061
peer review program. 3062
Section 106. Section 473.313, Florida Statutes, is amended 3063
to read: 3064
473.313 Inactive status; retired status.— 3065
(1) A Florida certified public accountant may request that 3066
her or his license be placed in an inactive status by making 3067
application to the department. The department board may 3068
prescribe by rule fees for placing a license on inactive status, 3069
renewal of inactive status, and reactivation of an inactive 3070
license. 3071
(a) A license that has become inactive under this 3072
subsection or for failure to complete the requirements in s. 3073
473.312 may be reactivated under s. 473.311 upon application to 3074
the department. The department board may prescribe by rule 3075

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continuing education requirements as a condition of reactivating 3076
a license. The maximum continuing education requirements for 3077
reactivating a license are 120 hours, including at least 30 3078
hours in accounting-related and auditing-related subjects, not 3079
more than 30 hours in behavioral subjects, and a minimum of 8 3080
hours in ethics subjects approved by the department board, for 3081
the reactivation of a license that is inactive or delinquent. 3082
(b) A license that is delinquent for failure to report 3083
completion of the requirements in s. 473.312 may be reactivated 3084
under s. 473.311 upon application to the department. 3085
Reactivation requires the payment of an application fee as 3086
determined by the department board and certification by the 3087
Florida certified public accountant that the applicant 3088
satisfactorily completed the continuing education requirements 3089
set forth under s. 473.311. If the license is delinquent on 3090
January 1 because of failure to report completed continuing 3091
education requirements, the applicant must submit a complete 3092
application to the department board by March 15 immediately 3093
after the delinquent period. 3094
(c) Any Florida certified public accountant holding an 3095
inactive license may be permitted to reactivate such license in 3096
a conditional manner. The conditions of reactivation shall 3097
require the payment of fees and the completion of required 3098
continuing education. 3099
(d) Notwithstanding the provisions of s. 455.271, the 3100

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department board may, at its discretion, reinstate the license 3101
of an individual whose license has become null and void if the 3102
individual has made a good faith effort to comply with this 3103
section but has failed to comply because of illness or unusual 3104
hardship. The individual shall apply to the department board for 3105
reinstatement in a manner prescribed by rules of the department 3106
board and shall pay an application fee in an amount determined 3107
by rule of the department board. The department board shall 3108
require that the individual meet all continuing education 3109
requirements as provided in paragraph (a), pay appropriate 3110
licensing fees, and otherwise be eligible for renewal of 3111
licensure under this chapter. 3112
(2) A Florida certified public accountant who is at least 3113
65 years of age, currently holds an active or inactive license 3114
in good standing under this chapter, and is not the subject of 3115
any sanction or disciplinary action may request that her or his 3116
license be placed on retired status by making application to the 3117
department. The department board may prescribe by rule the 3118
application for placing a license on retired status, which must 3119
state that the applicant has no association with accounting or 3120
any of the services described in s. 473.302 s. 473.302(8). If a 3121
licensee who has been granted retired status reenters the 3122
workforce in a position that has an association with accounting 3123
or any of the services described in s. 473.302 s. 473.302(8), 3124
the licensee automatically loses her or his retired status. 3125

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(a) A retired licensee may, without losing her or his 3126
retired status, serve without compensation on a board of 3127
directors or board of trustees, provide volunteer tax 3128
preparation services, participate in a government-sponsored 3129
business mentoring program such as the Internal Revenue 3130
Service's Volunteer Income Tax Assistance program or the Small 3131
Business Administration's SCORE program, or participate in an 3132
advisory role for a similar charitable, civic, or other 3133
nonprofit non-profit organization. 3134
(b) The department board shall require a retired licensee 3135
to affirm in writing her or his understanding of the limited 3136
types of activities in which she or he may engage while in 3137
retired status and that she or he has a professional duty to 3138
ensure that she or he holds the professional competencies 3139
necessary to participate in such activities. 3140
(c) A retired licensee may accept routine reimbursement 3141
for actual costs of travel and meals associated with volunteer 3142
services or de minimis per diem amounts paid to the licensee to 3143
cover such expenses as allowed by law. 3144
(d) A retired licensee may use the title of "retired CPA" 3145
on any business card or letterhead or any other printed or 3146
electronic document. However, such title must not be applied in 3147
such a manner that could confuse the public as to the current 3148
status of the licensee. The licensee is not required to have a 3149
certificate issued with the word "retired" on the certificate. 3150

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(e) A retired licensee is not required to maintain the 3151
continuing education requirements under s. 473.312. 3152
(f) A retired licensee may not offer or render 3153
professional services that require her or his signature and the 3154
use of the CPA title, regardless of whether "retired" is 3155
attached to such title. 3156
(g) A retired licensee may be permitted to reactivate her 3157
or his license in a conditional manner as determined by the 3158
department board. The conditions of reactivation must require 3159
the payment of fees and the completion of required continuing 3160
education. The department board may prescribe by rule an 3161
application for reactivating a license placed on retired status 3162
and continuing education requirements as a condition of 3163
reactivating a license placed on retired status. The minimum 3164
continuing education requirements for reactivating a license 3165
placed on retired status are those of the most recent biennium 3166
plus one-half of the requirements in s. 473.312 for each 3167
biennium or part thereof during which the license was on retired 3168
status. 3169
3170
For the purposes of this subsection, the term "retired licensee" 3171
means a licensee whose license has been placed in retired status 3172
by the department. 3173
Section 107. Subsections (1), (2), and (4) of section 3174
473.314, Florida Statutes, are amended to read: 3175

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473.314 Temporary license.— 3176
(1) The department board shall adopt rules providing for 3177
the issuance of temporary licenses to certified public 3178
accountants or firms of other states who do not meet the 3179
requirements of s. 473.3141, for the purpose of enabling them or 3180
their employees to perform specific engagements involving the 3181
practice of public accountancy in this state. No temporary 3182
license shall be valid for more than 90 days after its issuance, 3183
and no license shall cover more than one engagement. After the 3184
expiration of 90 days, a new license shall be required. 3185
(2) Each application for a temporary license shall state 3186
the names of all persons who are to enter this state and shall 3187
be accompanied by a fee in an amount established by the 3188
department board not to exceed $400. 3189
(4) Upon certification of the applicant by the board, the 3190
department shall issue a temporary license to the applicant. 3191
Section 108. Subsections (3) and (4) of section 473.315, 3192
Florida Statutes, are amended to read: 3193
473.315 Independence, technical standards.— 3194
(3) The department board shall adopt rules establishing 3195
the standards of practice of public accounting, including, but 3196
not limited to, independence, competence, and technical 3197
standards. 3198
(4) Attorneys who are admitted to practice law by the 3199
Supreme Court of Florida are exempt from the standards of 3200

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practice of public accounting as defined in s. 473.302(7)(b) and 3201
(c) s. 473.302(8)(b) and (c) when such standards conflict with 3202
the rules of The Florida Bar or orders of the Florida Supreme 3203
Court. 3204
Section 109. Subsections (5) and (6) of section 473.316, 3205
Florida Statutes, are amended to read: 3206
473.316 Communications between the accountant and client 3207
privileged.— 3208
(5) Communications are not privileged from disclosure in 3209
any disciplinary investigation or proceeding conducted pursuant 3210
to this act by the department or before the department board or 3211
in any judicial review of such a proceeding. In any such 3212
proceeding, a certified public accountant or public accountant, 3213
without the consent of her or his client, may testify with 3214
respect to any communication between the accountant and the 3215
accountant's client or be compelled, pursuant to a subpoena of 3216
the department or the board, to testify or produce records, 3217
books, or papers. Such a communication disclosed to the 3218
department board and records of the department board relating to 3219
the communication shall for all other purposes and proceedings 3220
be a privileged communication in all of the courts of this 3221
state. 3222
(6) The proceedings, records, and workpapers of a review 3223
committee are privileged and are not subject to discovery, 3224
subpoena, or other means of legal process or to introduction 3225

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into evidence in a civil action or arbitration or an, 3226
administrative proceeding, or state accountancy board 3227
proceeding. A member of a review committee or person who was 3228
involved in a quality review may not testify in a civil action 3229
or arbitration or an, administrative proceeding, or state 3230
accountancy board proceeding as to any matter produced or 3231
disclosed during the quality review or as to any findings, 3232
recommendations, evaluations, opinions, or other actions of the 3233
review committee or any members thereof. Public records and 3234
materials prepared for a particular engagement are not 3235
privileged merely because they were presented during the quality 3236
review. This privilege does not apply to disputes between a 3237
review committee and a person subject to a quality review. 3238
Section 110. Section 473.319, Florida Statutes, is amended 3239
to read: 3240
473.319 Contingent fees.—Public accounting services as 3241
defined in s. 473.302(7)(a) and (c) s. 473.302(8)(a) and (c), 3242
and those that include tax filings with federal, state, or local 3243
government, may shall not be offered or rendered for a fee 3244
contingent upon the findings or results of such service. This 3245
section does not apply to services involving federal, state, or 3246
other taxes in which the findings are those of the tax 3247
authorities and not those of the certified public accountant or 3248
firm. Fees to be fixed by courts or other public authorities, 3249
which are of an indeterminate amount at the time a public 3250

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accounting service is undertaken, may shall not be regarded as 3251
contingent fees for purposes of this section. 3252
Section 111. Section 473.3205, Florida Statutes, is 3253
amended to read: 3254
473.3205 Commissions or referral fees.—A certified public 3255
accountant or firm may not accept or pay a commission or 3256
referral fee in connection with the sale or referral of public 3257
accounting services as defined in s. 473.302(7)(a) and (c) s. 3258
473.302(8)(a) and (c). Any certified public accountant or firm 3259
that is engaged in the practice of public accounting and that 3260
accepts a commission for the sale of a product or service to a 3261
client must disclose that fact to the client in writing in 3262
accordance with rules adopted by the department board. However, 3263
this section may shall not prohibit: 3264
(1) Payments for the purchase of an accounting practice; 3265
(2) Retirement payments to individuals formerly engaged in 3266
the practice of public accounting or payments to their heirs or 3267
estates; or 3268
(3) Payment of fees to a referring certified public 3269
accountant or firm for public accounting services to the 3270
successor certified public accountant or firm or the client in 3271
connection with an engagement. 3272
Section 112. Subsection (3) of section 473.321, Florida 3273
Statutes, is amended to read: 3274
473.321 Fictitious names.— 3275

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(3) The department board shall adopt rules for 3276
interpretation of this section. 3277
Section 113. Paragraphs (c) and (e) of subsection (1) of 3278
section 473.322, Florida Statutes, are amended to read: 3279
473.322 Prohibitions; penalties.— 3280
(1) A person may not knowingly: 3281
(c) Perform or offer to perform any services described in 3282
s. 473.302(7)(a) or (d) s. 473.302(8)(a) or (d) unless such 3283
person holds an active license under this chapter and is a 3284
licensed firm, provides such services through a licensed firm, 3285
or complies with ss. 473.3101 and 473.3141. This paragraph does 3286
not prohibit the performance by persons other than certified 3287
public accountants of other services involving the use of 3288
accounting skills, including the preparation of tax returns and 3289
the preparation of financial statements without expression of 3290
opinion thereon; 3291
(e) Give false or forged evidence to the department board 3292
or a member thereof; 3293
Section 114. Paragraph (m) of subsection (1) and 3294
subsections (2), (3), and (4) of section 473.323, Florida 3295
Statutes, are amended to read: 3296
473.323 Disciplinary proceedings.— 3297
(1) The following acts constitute grounds for which the 3298
disciplinary actions in subsection (3) may be taken: 3299
(m) Failing to provide any written disclosure to a client 3300

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or the public which is required by this chapter or rule of the 3301
department board. 3302
(2) The department board shall specify, by rule, what acts 3303
or omissions constitute a violation of subsection (1). 3304
(3) When the department board finds any certified public 3305
accountant or firm guilty of any of the grounds set forth in 3306
subsection (1), it may enter an order imposing one or more of 3307
the following penalties: 3308
(a) Denial of an application for licensure. 3309
(b) Revocation or suspension of the certified public 3310
accountant or firm's license or practice privileges in this 3311
state. 3312
(c) Imposition of an administrative fine not to exceed 3313
$5,000 for each count or separate offense. 3314
(d) Issuance of a reprimand. 3315
(e) Placement of the certified public accountant on 3316
probation for a period of time and subject to such conditions as 3317
the department board may specify, including requiring the 3318
certified public accountant to attend continuing education 3319
courses or to work under the supervision of another licensee. 3320
(f) Restriction of the authorized scope of practice by the 3321
certified public accountant. 3322
(4) The department shall reissue the license of a 3323
disciplined licensee upon certification by the board that the 3324
disciplined licensee has complied with all of the terms and 3325

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conditions set forth in the final order. 3326
Section 115. Subsection (2) of section 474.202, Florida 3327
Statutes, is amended to read: 3328
474.202 Definitions.—As used in this chapter: 3329
(2) "Board" means the Board of Veterinary Medicine. 3330
Section 116. Section 474.2065, Florida Statutes, is 3331
amended to read: 3332
474.2065 Fees.—The department board, by rule, shall 3333
establish fees for application and examination, reexamination, 3334
license renewal, inactive status, renewal of inactive status, 3335
license reactivation, periodic inspection of veterinary 3336
establishments, and duplicate copies of licenses, certificates, 3337
and permits. The fee for the initial application and examination 3338
may not exceed $650 plus the actual per applicant cost to the 3339
department for purchase of portions of the examination from the 3340
Professional Examination Service for the American Veterinary 3341
Medical Association or a similar national organization. The fee 3342
for licensure by endorsement may not exceed $500. The fee for 3343
temporary licensure may not exceed $200. The department board 3344
shall establish fees that are adequate to ensure its continued 3345
operation and to fund the proportionate expenses incurred by the 3346
department which are allocated to the regulation of 3347
veterinarians. Fees shall be based on departmental estimates of 3348
the revenue required to administer this chapter and the 3349
provisions relating to the regulation of veterinarians. 3350

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Section 117. Subsections (1) through (4) of section 3351
474.207, Florida Statutes, are amended to read: 3352
474.207 Licensure by examination.— 3353
(1) Any person desiring to be licensed as a veterinarian 3354
shall apply to the department to take a licensure examination. 3355
The department board may by rule adopt use of a national 3356
examination in lieu of part or all of the examination required 3357
by this section, with a reasonable passing score to be set by 3358
rule of the department board. 3359
(2) The department shall license each applicant who the 3360
department board certifies has: 3361
(a) Completed the application form and remitted an 3362
examination fee set by the department board. 3363
(b)1. Graduated from a college of veterinary medicine 3364
accredited by the American Veterinary Medical Association 3365
Council on Education; or 3366
2. Graduated from a college of veterinary medicine listed 3367
in the American Veterinary Medical Association Roster of 3368
Veterinary Colleges of the World and obtained a certificate from 3369
the Education Commission for Foreign Veterinary Graduates or the 3370
Program for the Assessment of Veterinary Education Equivalence. 3371
(c) Successfully completed the examination provided by the 3372
department for this purpose, or an examination determined by the 3373
department board to be equivalent. 3374
(d) Demonstrated knowledge of the laws and rules governing 3375

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the practice of veterinary medicine in Florida in a manner 3376
designated by rules of the department board. 3377
3378
The department may shall not issue a license to any applicant 3379
who is under investigation in any state or territory of the 3380
United States or in the District of Columbia for an act which 3381
would constitute a violation of this chapter until the 3382
investigation is complete and disciplinary proceedings have been 3383
terminated, at which time the provisions of s. 474.214 shall 3384
apply. 3385
(3) Notwithstanding the provisions of paragraph (2)(b), an 3386
applicant shall be deemed to have met the education requirements 3387
for licensure upon submission of evidence that the applicant 3388
meets one of the following: 3389
(a) The applicant was certified for examination before by 3390
the board prior to October 1, 1989; or 3391
(b) The applicant immigrated to the United States after 3392
leaving her or his home country because of political reasons, 3393
provided such country is located in the Western Hemisphere and 3394
lacks diplomatic relations with the United States; and 3395
1. Was a Florida resident immediately preceding her or his 3396
application for licensure; 3397
2. Demonstrates to the department board, through 3398
submission of documentation verified by the applicant's 3399
respective professional association in exile, that she or he 3400

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received a professional degree in veterinary medicine from a 3401
college or university located in the country from which she or 3402
he emigrated. However, the department board may not require 3403
receipt transcripts from the Republic of Cuba as a condition of 3404
eligibility under this section; and 3405
3. Lawfully practiced her or his profession for at least 3 3406
years. 3407
(4) Applicants certified for examination or reexamination 3408
under subsection (3) who fail the examination three times 3409
subsequent to October 1, 1989, shall be required to demonstrate 3410
to the department board that they meet the requirements of 3411
paragraph (2)(b) before prior to any further reexamination or 3412
certification for licensure. 3413
Section 118. Section 474.211, Florida Statutes, is amended 3414
to read: 3415
474.211 Renewal of license.— 3416
(1) The department shall renew a license upon receipt of 3417
the renewal application and fee and an affidavit of compliance 3418
with continuing education requirements set by rule of the board. 3419
(2) The department shall adopt rules establishing a 3420
procedure for the biennial renewal of licenses every 4 years. 3421
(3) The board may by rule prescribe continuing education, 3422
not to exceed 30 hours biennially, as a condition for renewal of 3423
a license or certificate. The criteria for such programs, 3424
providers, and courses shall be approved by the board. 3425

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Section 119. Subsections (1), (2), and (3) of section 3426
474.2125, Florida Statutes, are amended to read: 3427
474.2125 Temporary license.— 3428
(1) The department board shall adopt rules providing for 3429
the issuance of a temporary license to a licensed veterinarian 3430
of another state for the purpose of enabling her or him to 3431
provide veterinary medical services in this state for the 3432
animals of a specific owner or, as may be needed in an emergency 3433
as defined in s. 252.34(4), for the animals of multiple owners, 3434
provided the applicant would qualify for licensure by 3435
endorsement under s. 474.217. No temporary license shall be 3436
valid for more than 30 days after its issuance, and no license 3437
shall cover more than the treatment of the animals of one owner 3438
except in an emergency as defined in s. 252.34(4). After the 3439
expiration of 30 days, a new license is required. 3440
(2) Each application for a temporary license shall state 3441
the names of all persons who are to enter this state and shall 3442
be accompanied by a fee in an amount established by the 3443
department board. 3444
(3) Upon certification of the applicant by the board, the 3445
department shall issue a temporary license to the applicant. 3446
Section 120. Paragraph (d) of subsection (1) of section 3447
474.213, Florida Statutes, is amended to read: 3448
474.213 Prohibitions; penalties.— 3449
(1) No person shall: 3450

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(d) Give false or forged evidence to the department board 3451
or a member thereof for the purpose of obtaining a license; 3452
Section 121. Paragraphs (a), (f), (h), (j), (v), (aa), 3453
(ee), (jj), and (nn) of subsection (1) and subsections (2) and 3454
(3) of section 474.214, Florida Statutes, are amended to read: 3455
474.214 Disciplinary proceedings.— 3456
(1) The following acts shall constitute grounds for which 3457
the disciplinary actions in subsection (2) may be taken: 3458
(a) Attempting to procure a license to practice veterinary 3459
medicine by bribery, by fraudulent representations, or through 3460
an error of the department or the board. 3461
(f) Violating any provision of this chapter or chapter 3462
455, a rule of the board or department, or a lawful order of the 3463
board or department previously entered in a disciplinary 3464
hearing, or failing to comply with a lawfully issued subpoena of 3465
the department. 3466
(h) Being unable to practice veterinary medicine with 3467
reasonable skill or safety to patients by reason of illness, 3468
drunkenness, use of drugs, narcotics, chemicals, or any other 3469
material or substance or as a result of any mental or physical 3470
condition. In enforcing this paragraph, upon a finding by the 3471
secretary, the secretary's designee, or the probable cause panel 3472
of the department board that probable cause exists to believe 3473
that the licensee is unable to practice the profession because 3474
of the reasons stated in this paragraph, the department may 3475

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shall have the authority to compel a licensee to submit to a 3476
mental or physical examination by a physician designated by the 3477
department. If the licensee refuses to comply with the 3478
department's order, the department may file a petition for 3479
enforcement in the circuit court of the circuit in which the 3480
licensee resides or does business. The licensee may shall not be 3481
named or identified by initials in any other public court 3482
records or documents and the enforcement proceedings shall be 3483
closed to the public. The department shall be entitled to the 3484
summary procedure provided in s. 51.011. A licensee affected 3485
under this paragraph shall be afforded an opportunity at 3486
reasonable intervals to demonstrate that she or he can resume 3487
the competent practice for which she or he is licensed with 3488
reasonable skill and safety to patients. Neither the record of 3489
proceedings nor the orders entered by the department board in 3490
any proceedings under this paragraph shall be used against a 3491
licensee in any other proceedings. 3492
(j) Knowingly maintaining a professional connection or 3493
association with any person who is in violation of the 3494
provisions of this chapter or the rules of the board or 3495
department. However, if the licensee verifies that the person is 3496
actively participating in a department-approved board-approved 3497
program for the treatment of a physical or mental condition, the 3498
licensee is required only to report such person to the 3499
consultant. 3500

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(v) Failing to keep the equipment and premises of the 3501
business establishment in a clean and sanitary condition, having 3502
a premises permit suspended or revoked pursuant to s. 474.215, 3503
or operating or managing premises that do not comply with 3504
requirements established by rule of the department board. 3505
(aa) Failing to report to the department any person the 3506
licensee knows to be in violation of this chapter or of the 3507
rules of the department or board. However, if the licensee 3508
verifies that the person is actively participating in a 3509
department-approved board-approved program for the treatment of 3510
a physical or mental condition, the licensee is required only to 3511
report such person to the consultant. 3512
(ee) Failing to keep contemporaneously written medical 3513
records as required by rule of the department board. 3514
(jj) Failing to report to the department board within 30 3515
days, in writing, any action set forth in paragraph (b) that has 3516
been taken against the practitioner's license to practice 3517
veterinary medicine by any jurisdiction, including any agency or 3518
subdivision thereof. 3519
(nn) Failing to report a change of address to the 3520
department board within 60 days thereafter thereof. 3521
(2) When the department board finds any applicant or 3522
veterinarian guilty of any of the grounds set forth in 3523
subsection (1), regardless of whether the violation occurred 3524
before prior to licensure, it may enter an order imposing one or 3525

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more of the following penalties: 3526
(a) Denial of certification for examination or licensure. 3527
(b) Revocation or suspension of a license. 3528
(c) Imposition of an administrative fine not to exceed 3529
$5,000 for each count or separate offense. 3530
(d) Issuance of a reprimand. 3531
(e) Placement of the veterinarian on probation for a 3532
period of time and subject to such conditions as the department 3533
board may specify, including requiring the veterinarian to 3534
attend continuing education courses or to work under the 3535
supervision of another veterinarian. 3536
(f) Restricting the authorized scope of practice. 3537
(g) Imposition of costs of the investigation and 3538
prosecution. 3539
(h) Requiring the veterinarian to undergo remedial 3540
education. 3541
3542
In determining appropriate action, the department board must 3543
first consider those sanctions necessary to protect the public. 3544
Only after those sanctions have been imposed may the 3545
disciplining authority consider and include in its order 3546
requirements designed to rehabilitate the veterinarian. All 3547
costs associated with compliance with any order issued under 3548
this subsection are the obligation of the veterinarian. 3549
(3) The department shall reissue the license of a 3550

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disciplined veterinarian upon certification by the board that 3551
the disciplined veterinarian has complied with all of the terms 3552
and conditions set forth in the final order and is capable of 3553
competently and safely engaging in the practice of veterinary 3554
medicine. 3555
Section 122. Subsections (1), (5), (7), (8), and (9) of 3556
section 474.215, Florida Statutes, are amended to read: 3557
474.215 Premises permits.— 3558
(1) Any establishment, permanent or mobile, where a 3559
licensed veterinarian practices must have a premises permit 3560
issued by the department. Upon application and payment of a fee 3561
not to exceed $250, as set by rule of the department board, the 3562
department shall cause such establishment to be inspected. A 3563
premises permit shall be issued if the establishment meets 3564
minimum standards, to be adopted by rule of the department 3565
board, as to sanitary conditions, recordkeeping, equipment, 3566
radiation monitoring, services required, and physical plant. 3567
(5) The department may issue a temporary premises permit 3568
to a responsible veterinarian who has submitted the application 3569
fee and a completed application form affirming compliance with 3570
the standards set by rule of the department board. If the 3571
department inspects the establishment and discovers that it is 3572
not in compliance with the department's standards, the 3573
department shall notify the veterinarian in writing of the 3574
deficiencies and shall provide 30 days for correction of the 3575

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deficiencies and reinspection. Such temporary permit shall 3576
become void upon notification by the department that the 3577
establishment has failed, after reinspection, to meet those 3578
standards. Upon receipt of such notice, the responsible 3579
veterinarian shall close the establishment until completion of a 3580
subsequent inspection affirming that the required standards have 3581
been met and until another permit has been issued by the 3582
department. 3583
(7) The department board by rule shall establish minimum 3584
standards for the operation of limited service veterinary 3585
medical practices. Such rules may shall not restrict limited 3586
service veterinary medical practices and shall be consistent 3587
with the type of limited veterinary medical service provided. 3588
(a) Any person that offers or provides limited service 3589
veterinary medical practice shall obtain a biennial permit from 3590
the department board the cost of which may shall not exceed 3591
$250. The limited service permittee shall register each location 3592
where a limited service clinic is held and shall pay a fee set 3593
by rule not to exceed $25 to register each such location. 3594
(b) All permits issued under this subsection are subject 3595
to the provisions of ss. 474.213 and 474.214. 3596
(c) Notwithstanding any provision of this subsection to 3597
the contrary, any temporary rabies vaccination effort operated 3598
by a county health department in response to a public health 3599
threat, as declared by the State Health Officer in consultation 3600

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with the State Veterinarian, is not subject to any 3601
preregistration, time limitation, or fee requirements, but must 3602
adhere to all other requirements for limited service veterinary 3603
medical practice as prescribed by rule. The fee charged to the 3604
public for a rabies vaccination administered during such 3605
temporary rabies vaccination effort may not exceed the actual 3606
cost of administering the rabies vaccine. Such rabies 3607
vaccination efforts may not be used for any purpose other than 3608
to address the public health consequences of the rabies 3609
outbreak. The department board shall be immediately notified in 3610
writing of any temporary rabies vaccination effort operated 3611
under this paragraph. 3612
(8) Any person who is not a veterinarian licensed under 3613
this chapter but who desires to own and operate a veterinary 3614
medical establishment or limited service clinic shall apply to 3615
the department board for a premises permit. If the department 3616
board certifies that the applicant complies with the applicable 3617
laws and rules of the department board, the department shall 3618
issue a premises permit. No permit shall be issued unless a 3619
licensed veterinarian is designated to undertake the 3620
professional supervision of the veterinary medical practice and 3621
the minimum standards set by rule of the department board for 3622
premises where veterinary medicine is practiced. Upon 3623
application, the department shall submit the permittee's name 3624
for a statewide criminal records correspondence check through 3625

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the Department of Law Enforcement. The permittee shall notify 3626
the department board within 10 days after any designation of a 3627
new licensed veterinarian responsible for such duties. A 3628
permittee under this subsection is subject to the provisions of 3629
subsection (9) and s. 474.214. 3630
(9)(a) The department or the board may deny, revoke, or 3631
suspend the permit of any permittee under this section and may 3632
fine, place on probation, or otherwise discipline any such 3633
permittee who has: 3634
1. Obtained a permit by misrepresentation or fraud or 3635
through an error of the department or board; 3636
2. Attempted to procure, or has procured, a permit for any 3637
other person by making, or causing to be made, any false 3638
representation; 3639
3. Violated any of the requirements of this chapter or any 3640
rule of the department board; or 3641
4. Been convicted or found guilty of, or entered a plea of 3642
nolo contendere to, regardless of adjudication, a felony in any 3643
court of this state, of any other state, or of the United 3644
States. 3645
(b) If the permit is revoked or suspended, the owner, 3646
manager, or proprietor shall cease to operate the premises as a 3647
veterinary medical practice as of the effective date of the 3648
suspension or revocation. In the event of such revocation or 3649
suspension, the owner, manager, or proprietor shall remove from 3650

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the premises all signs and symbols identifying the premises as a 3651
veterinary medical practice. The period of any such suspension 3652
shall be prescribed by rule of the department board, but may not 3653
exceed 1 year. If the permit is revoked, the person owning or 3654
operating the establishment may not apply for a permit to 3655
operate a premises for a period of 1 year after the effective 3656
date of such revocation. Upon the effective date of such 3657
revocation, the permittee must advise the department board of 3658
the disposition of all medicinal drugs and must provide for 3659
ensuring the security, confidentiality, and availability to 3660
clients of all patient medical records. 3661
Section 123. Section 474.216, Florida Statutes, is amended 3662
to read: 3663
474.216 License and premises permit to be displayed.—Each 3664
person to whom a license or premises permit is issued shall keep 3665
such document conspicuously displayed in her or his office, 3666
place of business, or place of employment, whether a permanent 3667
or mobile veterinary establishment or clinic, and shall, 3668
whenever required, exhibit said document to any member or 3669
authorized representative of the department board. 3670
Section 124. Subsections (6), (8), (10), and (11) of 3671
section 474.2165, Florida Statutes, are amended to read: 3672
474.2165 Ownership and control of veterinary medical 3673
patient records; report or copies of records to be furnished.— 3674
(6) The department may obtain patient records pursuant to 3675

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a subpoena without written authorization from the client if the 3676
department finds and the probable cause panel of the board find 3677
reasonable cause to believe that a veterinarian has excessively 3678
or inappropriately prescribed any controlled substance specified 3679
in chapter 893 in violation of this chapter or that a 3680
veterinarian has practiced his or her profession below that 3681
level of care, skill, and treatment required as defined by this 3682
chapter. 3683
(8) Notwithstanding the provisions of s. 455.242, records 3684
owners shall notify the department board office when they are 3685
terminating practice, retiring, or relocating and are no longer 3686
available to patients, specifying who the new records owner is 3687
and where the medical records can be found. 3688
(10) Veterinarians in violation of the provisions of this 3689
section shall be disciplined by the department board. 3690
(11) A records owner furnishing copies of reports or 3691
records pursuant to this section shall charge no more than the 3692
actual cost of copying, including reasonable staff time, or the 3693
amount specified in administrative rule by the department board. 3694
Section 125. Subsection (1) of section 474.217, Florida 3695
Statutes, is amended to read: 3696
474.217 Licensure by endorsement.— 3697
(1) The department shall issue a license by endorsement to 3698
any applicant who, upon applying to the department and remitting 3699
a fee set by the department board, demonstrates to the 3700

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department board that she or he: 3701
(a) Has demonstrated, in a manner designated by rule of 3702
the department board, knowledge of the laws and rules governing 3703
the practice of veterinary medicine in this state; and 3704
(b)1. Holds, and has held for the 3 years immediately 3705
preceding the application for licensure, a valid, active license 3706
to practice veterinary medicine in another state of the United 3707
States, the District of Columbia, or a territory of the United 3708
States, provided that the applicant has successfully completed a 3709
state, regional, national, or other examination that is 3710
equivalent to or more stringent than the examination required by 3711
the department board; or 3712
2. Meets the qualifications of s. 474.207(2)(b) and has 3713
successfully completed a state, regional, national, or other 3714
examination which is equivalent to or more stringent than the 3715
examination given by the department and has passed the 3716
department's board's clinical competency examination or another 3717
clinical competency examination specified by rule of the 3718
department board. 3719
Section 126. Section 474.221, Florida Statutes, is amended 3720
to read: 3721
474.221 Impaired practitioner provisions; applicability.—3722
Notwithstanding the transfer of the Division of Medical Quality 3723
Assurance to the Department of Health or any other provision of 3724
law to the contrary, veterinarians licensed under this chapter 3725

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shall be governed by the impaired practitioner program 3726
provisions of s. 456.076 as if they were under the jurisdiction 3727
of the Division of Medical Quality Assurance, except that for 3728
veterinarians the Department of Business and Professional 3729
Regulation shall, at its option, exercise any of the powers 3730
granted to the Department of Health by that section, and "board" 3731
shall mean board as defined in this chapter. 3732
Section 127. Subsection (6) of section 475.451, Florida 3733
Statutes, is amended to read: 3734
475.451 Schools teaching real estate practice.— 3735
(6) Any course prescribed by the commission as a condition 3736
precedent to a person's becoming initially licensed as a sales 3737
associate or broker may be taught by a real estate school in a 3738
classroom or via distance learning pursuant to s. 475.17(2) by a 3739
currently permitted instructor from any such school. All other 3740
prescribed courses, except the continuing education course 3741
required by s. 475.182, shall be taught by a currently permitted 3742
school instructor personally in attendance at such course or by 3743
distance learning pursuant to s. 475.17. The continuing 3744
education course required by s. 475.182 may be taught by 3745
distance learning pursuant to s. 475.17 or by an equivalent 3746
correspondence course; however, any such correspondence course 3747
shall be required to have a final examination, prepared and 3748
administered by the school or course provider issuing the 3749
correspondence course. The continuing education requirements 3750

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provided in this chapter do not apply to an attorney who is 3751
otherwise qualified under this chapter and who is a member in 3752
good standing of The Florida Bar. 3753
Section 128. Subsection (4) of section 476.034, Florida 3754
Statutes, is amended to read: 3755
476.034 Definitions.—As used in this act: 3756
(4) "Board" means the Barbers' Board. 3757
Section 129. Subsection (2) of section 476.074, Florida 3758
Statutes, is amended to read: 3759
476.074 Legal, investigative, and inspection services.— 3760
(2) The department shall provide all investigative 3761
services required by the board or the department in carrying out 3762
the provisions of this act. 3763
Section 130. Paragraph (c) of subsection (2) and 3764
subsection (3) of section 476.114, Florida Statutes, are amended 3765
to read: 3766
476.114 Examination; prerequisites.— 3767
(2) An applicant is eligible for licensure by examination 3768
to practice barbering if the applicant: 3769
(c) Has received a minimum of 900 hours of training in 3770
sanitation, safety, and laws and rules, as established by the 3771
department board, which must include, but is not limited to, the 3772
equivalent of completion of services directly related to the 3773
practice of barbering at one of the following: 3774
1. A school of barbering licensed pursuant to chapter 3775

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1005; 3776
2. A barbering program within the public school system; or 3777
3. A government-operated barbering program in this state. 3778
3779
The department board shall establish by rule procedures whereby 3780
the school or program may certify that a person is qualified to 3781
take the required examination after the completion of a minimum 3782
of 600 actual school hours. If the person passes the 3783
examination, she or he has satisfied this requirement,; but if 3784
the person fails the examination, she or he may not be qualified 3785
to take the examination again until the completion of the full 3786
requirements provided by this section. 3787
(3) An applicant who meets the requirements set forth in 3788
paragraph (2)(c) who fails to pass the examination may take 3789
subsequent examinations as many times as necessary to pass, 3790
except that the department board may specify by rule reasonable 3791
timeframes for rescheduling the examination and additional 3792
training requirements for applicants who, after the third 3793
attempt, fail to pass the examination. Before Prior to 3794
reexamination, the applicant must file the appropriate form and 3795
pay the reexamination fee as required by rule. 3796
Section 131. Subsections (1) and (2) of section 476.134, 3797
Florida Statutes, are amended to read: 3798
476.134 Examinations.— 3799
(1) Examinations of applicants for licenses as barbers 3800

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shall be offered not less than four times each year. The 3801
examination of applicants for licenses as barbers shall include 3802
a written test. The department may board shall have the 3803
authority to adopt rules with respect to the examination of 3804
applicants for licensure. The department board may provide rules 3805
with respect to written examinations in such manner as the 3806
department board may deem fit. 3807
(2) The department board shall adopt rules specifying the 3808
areas of competency to be covered by the examination. Such rules 3809
shall include the relative weight assigned in grading each area. 3810
All areas tested shall be reasonably related to the protection 3811
of the public and the applicant's competency to practice 3812
barbering in a manner which will not endanger the public. 3813
Section 132. Subsections (1), (2), (5), and (6) of section 3814
476.144, Florida Statutes, are amended to read: 3815
476.144 Licensure.— 3816
(1) The department shall license any applicant who the 3817
department board certifies is qualified to practice barbering in 3818
this state. 3819
(2) The department board shall certify for licensure any 3820
applicant who satisfies the requirements of s. 476.114, and who 3821
passes the required examination, achieving a passing grade as 3822
established by department board rule. 3823
(5) The department board shall certify as qualified for 3824
licensure by endorsement as a barber in this state an applicant 3825

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who holds a current active license to practice barbering in 3826
another state. The department board shall adopt rules specifying 3827
procedures for the licensure by endorsement of practitioners 3828
desiring to be licensed in this state who hold a current active 3829
license in another country and who have met qualifications 3830
substantially similar to, equivalent to, or greater than the 3831
qualifications required of applicants from this state. 3832
(6) A person may apply for a restricted license to 3833
practice barbering. The department board shall adopt rules 3834
specifying procedures for an applicant to obtain a restricted 3835
license if the applicant: 3836
(a)1. Has successfully completed a restricted barber 3837
course, as established by rule of the department board, at a 3838
school of barbering licensed pursuant to chapter 1005, a 3839
barbering program within the public school system, or a 3840
government-operated barbering program in this state; or 3841
2.a. Holds or has within the previous 5 years held an 3842
active valid license to practice barbering in another state or 3843
country or has held a Florida barbering license which has been 3844
declared null and void for failure to renew the license, and the 3845
applicant fulfilled the requirements of s. 476.114(2)(c) for 3846
initial licensure; and 3847
b. Has not been disciplined relating to the practice of 3848
barbering in the previous 5 years; and 3849
(b) Passes a written examination on the laws and rules 3850

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governing the practice of barbering in Florida, as established 3851
by the department board. 3852
3853
The restricted license shall limit the licensee's practice to 3854
those specific areas in which the applicant has demonstrated 3855
competence pursuant to rules adopted by the department board. 3856
Section 133. Section 476.154, Florida Statutes, is amended 3857
to read: 3858
476.154 Biennial Renewal of licenses.— 3859
(1) Each licensed barber who continues in active practice 3860
or service shall renew her or his license every 4 years 3861
biennially and pay the required fee. 3862
(2) Any license or certificate of registration issued 3863
pursuant to this act for a period less than the established 3864
biennial issuance period may be issued for that lesser period of 3865
time, and the department shall adjust the required fee 3866
accordingly. The department board shall adopt rules providing 3867
for such partial period fee adjustments. 3868
(3)(a) The department shall renew a license upon receipt 3869
of the renewal application and fee. 3870
(b) The department shall adopt rules establishing a 3871
procedure for the biennial renewal of licenses. 3872
Section 134. Subsection (2) of section 476.155, Florida 3873
Statutes, is amended to read: 3874
476.155 Inactive status; reactivation of inactive 3875

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license.— 3876
(2) The department board shall adopt promulgate rules 3877
relating to licenses which have become inactive and for the 3878
renewal of inactive licenses. The department board shall 3879
prescribe by rule a fee not to exceed $100 for the reactivation 3880
of an inactive license and a fee not to exceed $50 for the 3881
renewal of an inactive license. 3882
Section 135. Subsection (1) of section 476.192, Florida 3883
Statutes, is amended to read: 3884
476.192 Fees; disposition.— 3885
(1) The department board shall set by rule fees according 3886
to the following schedule: 3887
(a) For barbers, fees for original licensing, license 3888
renewal, and delinquent renewal may shall not exceed $100. 3889
(b) For barbers, fees for endorsement application, 3890
examination, and reexamination may shall not exceed $150. 3891
(c) For barbershops, fees for license application, 3892
original licensing, license renewal, and delinquent renewal may 3893
shall not exceed $150. 3894
(d) For duplicate licenses and certificates, fees may 3895
shall not exceed $25. 3896
Section 136. Paragraph (i) of subsection (1) and 3897
subsection (2) of section 476.204, Florida Statutes, are amended 3898
to read: 3899
476.204 Penalties.— 3900

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(1) It is unlawful for any person to: 3901
(i) Violate or refuse to comply with any provision of this 3902
chapter or chapter 455 or a rule or final order of the 3903
department board. 3904
(2) Any person who violates any provision of this section 3905
shall be subject to one or more of the following penalties, as 3906
determined by the department board: 3907
(a) Revocation or suspension of any license or 3908
registration issued pursuant to this chapter. 3909
(b) Issuance of a reprimand or censure. 3910
(c) Imposition of an administrative fine not to exceed 3911
$500 for each count or separate offense. 3912
(d) Placement on probation for a period of time and 3913
subject to such reasonable conditions as the department board 3914
may specify. 3915
(e) Refusal to certify to the department an applicant for 3916
licensure. 3917
Section 137. Section 476.214, Florida Statutes, is amended 3918
to read: 3919
476.214 Grounds for suspending, revoking, or refusing to 3920
grant license or certificate.— 3921
(1) The department may board shall have the power to 3922
revoke or suspend any license, registration card, or certificate 3923
of registration issued pursuant to this act, or to reprimand, 3924
censure, deny subsequent licensure of, or otherwise discipline 3925

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any holder of a license, registration card, or certificate of 3926
registration issued pursuant to this act, for any of the 3927
following causes: 3928
(a) Gross malpractice or gross incompetency in the 3929
practice of barbering; 3930
(b) Practice by a person knowingly having an infectious or 3931
contagious disease; or 3932
(c) Commission of any of the offenses described in s. 3933
476.194. 3934
(2) The department board shall keep a record of its 3935
disciplinary proceedings against holders of licenses or 3936
certificates of registration issued pursuant to this act. 3937
(3) The department may shall not issue or renew a license 3938
or certificate of registration under this chapter to any person 3939
against whom or barbershop against which the department board 3940
has assessed a fine, interest, or costs associated with 3941
investigation and prosecution until the person or barbershop has 3942
paid in full such fine, interest, or costs associated with 3943
investigation and prosecution or until the person or barbershop 3944
complies with or satisfies all terms and conditions of the final 3945
order. 3946
Section 138. Section 476.234, Florida Statutes, is amended 3947
to read: 3948
476.234 Civil proceedings.—In addition to any other 3949
remedy, the department may file a proceeding in the name of the 3950

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state seeking issuance of a restraining order, injunction, or 3951
writ of mandamus against any person who is or has been violating 3952
any of the provisions of this act or the lawful rules or orders 3953
of the board, commission, or department. 3954
Section 139. Subsections (2) through (13) of section 3955
477.013, Florida Statutes, are renumbered as subsections (1) 3956
through (12), respectively, and present subsections (1) and (8) 3957
of that section are amended to read: 3958
477.013 Definitions.—As used in this chapter: 3959
(1) "Board" means the Board of Cosmetology. 3960
(7)(8) "Specialty salon" means any place of business 3961
wherein the practice of one or all of the specialties as defined 3962
in subsection (5) (6) are engaged in or carried on. 3963
Section 140. Subsections (7), (8), and (9) of section 3964
477.0135, Florida Statutes, are amended to read: 3965
477.0135 Exemptions.— 3966
(7) A license or registration is not required for a person 3967
whose occupation or practice is confined solely to hair braiding 3968
as defined in s. 477.013(8) s. 477.013(9). 3969
(8) A license or registration is not required for a person 3970
whose occupation or practice is confined solely to hair wrapping 3971
as defined in s. 477.013(9) s. 477.013(10). 3972
(9) A license or registration is not required for a person 3973
whose occupation or practice is confined solely to body wrapping 3974
as defined in s. 477.013(11) s. 477.013(12). 3975

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Section 141. Section 477.016, Florida Statutes, is amended 3976
to read: 3977
477.016 Rulemaking.— 3978
(1) The department board may adopt rules pursuant to ss. 3979
120.536(1) and 120.54 to implement the provisions of this 3980
chapter conferring duties upon it. 3981
(2) The department board may by rule adopt any restriction 3982
established by a regulation of the United States Food and Drug 3983
Administration related to the use of a cosmetic product or any 3984
substance used in the practice of cosmetology if the department 3985
board finds that the product or substance poses a risk to the 3986
health, safety, and welfare of clients or persons providing 3987
cosmetology services. 3988
Section 142. Section 477.018, Florida Statutes, is amended 3989
to read: 3990
477.018 Investigative services.—The department shall 3991
provide all investigative services required by the board or the 3992
department in carrying out the provisions of this act. 3993
Section 143. Subsections (2), (3), (5), (6), and (7) of 3994
section 477.019, Florida Statutes, are amended to read: 3995
477.019 Cosmetologists; qualifications; licensure; 3996
supervised practice; license renewal; endorsement; continuing 3997
education.— 3998
(2) An applicant is eligible for licensure by examination 3999
to practice cosmetology if the applicant: 4000

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(a) Is at least 16 years of age or has received a high 4001
school diploma; 4002
(b) Pays the required application fee, which is not 4003
refundable, and the required examination fee, which is 4004
refundable if the applicant is determined to not be eligible for 4005
licensure for any reason other than failure to successfully 4006
complete the licensure examination; and 4007
(c) Has received a minimum of 1,200 hours of training as 4008
established by the department board, which must include, but is 4009
not limited to, the equivalent of completion of services 4010
directly related to the practice of cosmetology at one of the 4011
following: 4012
1. A school of cosmetology licensed pursuant to chapter 4013
1005. 4014
2. A cosmetology program within the public school system. 4015
3. The Cosmetology Division of the Florida School for the 4016
Deaf and the Blind, provided the division meets the standards of 4017
this chapter. 4018
4. A government-operated cosmetology program in this 4019
state. 4020
4021
The department board shall establish by rule procedures whereby 4022
the school or program may certify that a person is qualified to 4023
take the required examination after the completion of a minimum 4024
of 1,000 actual school hours. If the person then passes the 4025

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examination, he or she has satisfied this requirement,; but if 4026
the person fails the examination, he or she may not be qualified 4027
to take the examination again until the completion of the full 4028
requirements provided by this section. 4029
(3) Upon an applicant receiving a passing grade, as 4030
established by department board rule, on the examination and 4031
paying the initial licensing fee, the department shall issue a 4032
license to practice cosmetology. 4033
(5) Renewal of license registration shall be accomplished 4034
pursuant to rules adopted by the department board. 4035
(6) The department board shall certify as qualified for 4036
licensure by endorsement as a cosmetologist in this state an 4037
applicant who holds a current active license to practice 4038
cosmetology in another state. 4039
(7)(a) The board shall prescribe by rule continuing 4040
education requirements intended to ensure protection of the 4041
public through updated training of licensees and registered 4042
specialists, not to exceed 10 hours biennially, as a condition 4043
for renewal of a license or registration as a specialist under 4044
this chapter. Continuing education courses shall include, but 4045
not be limited to, the following subjects as they relate to the 4046
practice of cosmetology: human immunodeficiency virus and 4047
acquired immune deficiency syndrome; Occupational Safety and 4048
Health Administration regulations; workers' compensation issues; 4049
state and federal laws and rules as they pertain to 4050

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cosmetologists, cosmetology, salons, specialists, specialty 4051
salons, and booth renters; chemical makeup as it pertains to 4052
hair, skin, and nails; and environmental issues. Courses given 4053
at cosmetology conferences may be counted toward the number of 4054
continuing education hours required if approved by the board. 4055
(b) The board may, by rule, require any licensee in 4056
violation of a continuing education requirement to take a 4057
refresher course or refresher course and examination in addition 4058
to any other penalty. The number of hours for the refresher 4059
course may not exceed 48 hours. 4060
Section 144. Paragraphs (b) and (c) of subsection (1) and 4061
subsections (4) and (5) of section 477.0201, Florida Statutes, 4062
are amended to read: 4063
477.0201 Specialty registration; qualifications; 4064
registration renewal; endorsement.— 4065
(1) Any person is qualified for registration as a 4066
specialist in any specialty practice within the practice of 4067
cosmetology under this chapter who: 4068
(b) Has received a certificate of completion for: 4069
1. One hundred and eighty hours of training, as 4070
established by the department board, which shall focus primarily 4071
on sanitation and safety, to practice specialties as defined in 4072
s. 477.013(5)(a) and (b) s. 477.013(6)(a) and (b); 4073
2. Two hundred and twenty hours of training, as 4074
established by the department board, which shall focus primarily 4075

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on sanitation and safety, to practice the specialty as defined 4076
in s. 477.013(5)(c) s. 477.013(6)(c); or 4077
3. Four hundred hours of training or the number of hours 4078
of training required to maintain minimum Pell Grant 4079
requirements, as established by the department board, which 4080
shall focus primarily on sanitation and safety, to practice the 4081
specialties as defined in s. 477.013(5)(a)-(c) s. 477.013(6)(a)-4082
(c). 4083
(c) The certificate of completion specified in paragraph 4084
(b) must be from one of the following: 4085
1. A school licensed pursuant to s. 477.023. 4086
2. A school licensed pursuant to chapter 1005 or the 4087
equivalent licensing authority of another state. 4088
3. A specialty program within the public school system. 4089
4. A specialty division within the Cosmetology Division of 4090
the Florida School for the Deaf and the Blind, provided the 4091
training programs comply with minimum curriculum requirements 4092
established by the department board. 4093
(4) Renewal of registration shall be accomplished pursuant 4094
to rules adopted by the department board. 4095
(5) The department board shall adopt rules specifying 4096
procedures for the registration of specialty practitioners 4097
desiring to be registered in this state who have been registered 4098
or licensed and are practicing in states which have registering 4099
or licensing standards substantially similar to, equivalent to, 4100

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or more stringent than the standards of this state. 4101
Section 145. Subsection (2) of section 477.0212, Florida 4102
Statutes, is amended to read: 4103
477.0212 Inactive status.— 4104
(2) The department board shall adopt rules relating to 4105
licenses that become inactive and for the renewal of inactive 4106
licenses. The rules may not require more than one renewal cycle 4107
of continuing education to reactivate a license. The department 4108
board shall prescribe by rule a fee not to exceed $50 for the 4109
reactivation of an inactive license and a fee not to exceed $50 4110
for the renewal of an inactive license. 4111
Section 146. Subsections (1) and (2) of section 477.022, 4112
Florida Statutes, are amended to read: 4113
477.022 Examinations.— 4114
(1) The department board shall ensure that examinations 4115
adequately measure both an applicant's competency and her or his 4116
knowledge of related statutory requirements. Professional 4117
testing services may be utilized to formulate the examinations. 4118
The department board may offer a written clinical examination or 4119
a performance examination, or both, in addition to a written 4120
theory examination. 4121
(2) The department board shall ensure that examinations 4122
comply with state and federal equal employment opportunity 4123
guidelines. 4124
Section 147. Subsections (2), (8), (9), and (10) of 4125

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section 477.025, Florida Statutes, are amended to read: 4126
477.025 Cosmetology salons; specialty salons; requisites; 4127
licensure; inspection; mobile cosmetology salons.— 4128
(2) The department board shall adopt rules governing the 4129
licensure and operation of salons and specialty salons and their 4130
facilities, personnel, safety and sanitary requirements, and the 4131
license application and granting process. 4132
(8) Renewal of license registration for cosmetology salons 4133
or specialty salons shall be accomplished pursuant to rules 4134
adopted by the department board. The department board is further 4135
authorized to adopt rules governing delinquent renewal of 4136
licenses and may impose penalty fees for delinquent renewal. 4137
(9) The department may board is authorized to adopt rules 4138
governing the periodic inspection of cosmetology salons and 4139
specialty salons licensed under this chapter. 4140
(10)(a) The department board shall adopt rules governing 4141
the licensure, operation, and inspection of mobile cosmetology 4142
salons, including their facilities, personnel, and safety and 4143
sanitary requirements. 4144
(b) Each mobile salon must comply with all licensure and 4145
operating requirements specified in this chapter or chapter 455 4146
or rules of the board or department that apply to cosmetology 4147
salons at fixed locations, except to the extent that such 4148
requirements conflict with this subsection or rules adopted 4149
pursuant to this subsection. 4150

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(c) A mobile cosmetology salon must maintain a permanent 4151
business address, located in the inspection area of the local 4152
department office, at which records of appointments, 4153
itineraries, license numbers of employees, and vehicle 4154
identification numbers of the licenseholder's mobile salon shall 4155
be kept and made available for verification purposes by 4156
department personnel, and at which correspondence from the 4157
department can be received. 4158
(d) To facilitate periodic inspections of mobile 4159
cosmetology salons, before prior to the beginning of each month 4160
each mobile salon licenseholder must file with the department 4161
board a written monthly itinerary listing the locations where 4162
and the dates and hours when the mobile salon will be operating. 4163
(e) The department board shall establish fees for mobile 4164
cosmetology salons, not to exceed the fees for cosmetology 4165
salons at fixed locations. 4166
(f) The operation of mobile cosmetology salons must be in 4167
compliance with all local laws and ordinances regulating 4168
business establishments, with all applicable requirements of the 4169
Americans with Disabilities Act relating to accommodations for 4170
persons with disabilities, and with all applicable OSHA 4171
requirements. 4172
Section 148. Section 477.026, Florida Statutes, is amended 4173
to read: 4174
477.026 Fees; disposition.— 4175

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(1) The department board shall set fees according to the 4176
following schedule: 4177
(a) For cosmetologists, fees for original licensing, 4178
license renewal, and delinquent renewal may shall not exceed 4179
$50. 4180
(b) For cosmetologists, fees for endorsement application, 4181
examination, and reexamination may shall not exceed $50. 4182
(c) For cosmetology and specialty salons, fees for license 4183
application, original licensing, license renewal, and delinquent 4184
renewal may shall not exceed $50. 4185
(d) For specialists, fees for application and endorsement 4186
registration may shall not exceed $30. 4187
(e) For specialists, fees for initial registration, 4188
registration renewal, and delinquent renewal may shall not 4189
exceed $50. 4190
(2) All moneys collected by the department from fees 4191
authorized by this chapter shall be paid into the Professional 4192
Regulation Trust Fund, which fund is created in the department, 4193
and shall be applied in accordance with ss. 215.37 and 455.219. 4194
The Legislature may appropriate any excess moneys from this fund 4195
to the General Revenue Fund. 4196
(3) The department, with the advice of the board, shall 4197
prepare and submit a proposed budget in accordance with law. 4198
Section 149. Subsections (2) and (4) of section 477.0263, 4199
Florida Statutes, are amended to read: 4200

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477.0263 Cosmetology services to be performed in licensed 4201
salon; exceptions.— 4202
(2) Pursuant to rules established by the department board, 4203
cosmetology services may be performed by a licensed 4204
cosmetologist in a location other than a licensed salon, 4205
including, but not limited to, a nursing home, hospital, or 4206
residence, when a client for reasons of ill health is unable to 4207
go to a licensed salon. Arrangements for the performance of such 4208
cosmetology services in a location other than a licensed salon 4209
shall be made only through a licensed salon. 4210
(4) Pursuant to rules adopted by the department board, any 4211
cosmetology or specialty service may be performed in a location 4212
other than a licensed salon when the service is performed in 4213
connection with a special event and is performed by a person who 4214
holds the proper license or specialty registration. 4215
Section 150. Section 477.028, Florida Statutes, is amended 4216
to read: 4217
477.028 Disciplinary proceedings.— 4218
(1) The department may board shall have the power to 4219
revoke or suspend the license of a cosmetologist licensed under 4220
this chapter, or the registration of a specialist registered 4221
under this chapter, and to reprimand, censure, deny subsequent 4222
licensure or registration of, or otherwise discipline a 4223
cosmetologist or a specialist licensed or registered under this 4224
chapter in any of the following cases: 4225

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(a) Upon proof that a license or registration has been 4226
obtained by fraud or misrepresentation. 4227
(b) Upon proof that the holder of a license or 4228
registration is guilty of fraud or deceit or of gross 4229
negligence, incompetency, or misconduct in the practice or 4230
instruction of cosmetology or a specialty. 4231
(c) Upon proof that the holder of a license or 4232
registration is guilty of aiding, assisting, procuring, or 4233
advising any unlicensed person to practice as a cosmetologist. 4234
(2) The department may board shall have the power to 4235
revoke or suspend the license of a cosmetology salon or a 4236
specialty salon licensed under this chapter, to deny subsequent 4237
licensure of such salon, or to reprimand, censure, or otherwise 4238
discipline the owner of such salon in either of the following 4239
cases: 4240
(a) Upon proof that a license has been obtained by fraud 4241
or misrepresentation. 4242
(b) Upon proof that the holder of a license is guilty of 4243
fraud or deceit or of gross negligence, incompetency, or 4244
misconduct in the operation of the salon so licensed. 4245
(3) Disciplinary proceedings shall be conducted pursuant 4246
to the provisions of chapter 120. 4247
(4) The department may shall not issue or renew a license 4248
or certificate of registration under this chapter to any person 4249
against whom or salon against which the department board has 4250

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assessed a fine, interest, or costs associated with 4251
investigation and prosecution until the person or salon has paid 4252
in full such fine, interest, or costs associated with 4253
investigation and prosecution or until the person or salon 4254
complies with or satisfies all terms and conditions of the final 4255
order. 4256
Section 151. Paragraph (i) of subsection (1) and 4257
subsection (2) of section 477.029, Florida Statutes, are amended 4258
to read: 4259
477.029 Penalty.— 4260
(1) It is unlawful for any person to: 4261
(i) Violate or refuse to comply with any provision of this 4262
chapter or chapter 455 or a rule or final order of the board or 4263
the department. 4264
(2) Any person who violates the provisions of this section 4265
shall be subject to one or more of the following penalties, as 4266
determined by the department board: 4267
(a) Revocation or suspension of any license or 4268
registration issued pursuant to this chapter. 4269
(b) Issuance of a reprimand or censure. 4270
(c) Imposition of an administrative fine not to exceed 4271
$500 for each count or separate offense. 4272
(d) Placement on probation for a period of time and 4273
subject to such reasonable conditions as the department board 4274
may specify. 4275

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(e) Refusal to certify to the department an applicant for 4276
licensure. 4277
Section 152. Subsections (4) through (16) of section 4278
481.203, Florida Statutes, are renumbered as subsections (3) 4279
through (15), respectively, and subsection (3) and present 4280
subsection (8) of that section are amended to read: 4281
481.203 Definitions.—As used in this part, the term: 4282
(3) "Board" means the Board of Architecture and Interior 4283
Design. 4284
(7)(8) "Diversified interior design experience" means 4285
experience which substantially encompasses the various elements 4286
of interior design services set forth under the definition of 4287
"interior design" in subsection (9) (10). 4288
Section 153. Section 481.207, Florida Statutes, is amended 4289
to read: 4290
481.207 Fees.—The department board, by rule, may establish 4291
fees for architects and registered interior designers, to be 4292
paid for applications, examination, reexamination, licensing and 4293
renewal, delinquency, reinstatement, and recordmaking and 4294
recordkeeping. The examination fee shall be in an amount that 4295
covers the cost of obtaining and administering the examination 4296
and shall be refunded if the applicant is found ineligible to 4297
sit for the examination. The application fee is nonrefundable. 4298
The fee for initial application and examination for architects 4299
may not exceed $775 plus the actual per applicant cost to the 4300

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department for purchase of the examination from the National 4301
Council of Architectural Registration Boards or similar national 4302
organizations. The initial nonrefundable fee for registered 4303
interior designers may not exceed $75. The biennial renewal fee 4304
for architects may not exceed $200. The biennial renewal fee for 4305
registered interior designers may not exceed $75. The 4306
delinquency fee may not exceed the biennial renewal fee 4307
established by the department board for an active license. The 4308
department board shall establish fees that are adequate to 4309
ensure the continued operation of the department board and to 4310
fund the proportionate expenses incurred by the department which 4311
are allocated to the regulation of architects and registered 4312
interior designers. Fees shall be based on department estimates 4313
of the revenue required to implement this part and the 4314
provisions of law with respect to the regulation of architects 4315
and interior designers. 4316
Section 154. Subsection (1) of section 481.209, Florida 4317
Statutes, is amended to read: 4318
481.209 Examinations.— 4319
(1) A person desiring to be licensed as a registered 4320
architect by initial examination shall apply to the department, 4321
complete the application form, and remit a nonrefundable 4322
application fee. The department shall license any applicant who 4323
the department board certifies has passed the licensure 4324
examination prescribed by department board rule and is a 4325

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graduate of a school or college of architecture with a program 4326
accredited by the National Architectural Accreditation Board. 4327
Section 155. Section 481.211, Florida Statutes, is amended 4328
to read: 4329
481.211 Architecture internship required.—An applicant for 4330
licensure as a registered architect shall complete, before 4331
licensure, an internship of diversified architectural experience 4332
approved by the department board, which meets the requirements 4333
set forth by rule. 4334
Section 156. Section 481.215, Florida Statutes, is amended 4335
to read: 4336
481.215 Renewal of license or certificate of 4337
registration.— 4338
(1) Subject to the requirement of subsection (3), The 4339
department shall renew a license or certificate of registration 4340
upon receipt of the renewal application and renewal fee. 4341
(2) The department shall adopt rules establishing a 4342
procedure for the biennial renewal of licenses and certificates 4343
of registration every 4 years. 4344
(3) A license or certificate of registration renewal may 4345
not be issued to an architect or a registered interior designer 4346
by the department until the licensee or registrant submits proof 4347
satisfactory to the department that, during the 2 years before 4348
application for renewal, the licensee or registrant participated 4349
per biennium in not less than 20 hours of at least 50 minutes 4350

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each per biennium of continuing education approved by the board. 4351
The board shall approve only continuing education that builds 4352
upon the basic knowledge of architecture or interior design. The 4353
board may make exception from the requirements of continuing 4354
education in emergency or hardship cases. 4355
(4) The board shall by rule establish criteria for the 4356
approval of continuing education courses and providers and shall 4357
by rule establish criteria for accepting alternative 4358
nonclassroom continuing education on an hour-for-hour basis. 4359
(5) For a license or certificate of registration, the 4360
board shall require, by rule adopted pursuant to ss. 120.536(1) 4361
and 120.54, 2 hours in specialized or advanced courses on any 4362
portion of the Florida Building Code, adopted pursuant to part 4363
IV of chapter 553, relating to the licensee's respective area of 4364
practice. Such hours count toward the continuing education hours 4365
required under subsection (3). A licensee may complete the 4366
courses required under this subsection online. 4367
Section 157. Section 481.217, Florida Statutes, is amended 4368
to read: 4369
481.217 Inactive status.— 4370
(1) The board may prescribe by rule continuing education 4371
requirements as a condition of reactivating a license. The rules 4372
may not require more than one renewal cycle of continuing 4373
education to reactivate a license or registration for a 4374
registered architect or registered interior designer. 4375

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(2) The department board shall adopt rules relating to 4376
application procedures for inactive status and for the 4377
reactivation of inactive licenses and registrations. 4378
Section 158. Subsection (2), paragraph (b) of subsection 4379
(3), and subsection (5) of section 481.219, Florida Statutes, 4380
are amended to read: 4381
481.219 Qualification of business organizations.— 4382
(2) If a licensee or an applicant proposes to engage in 4383
the practice of architecture as a business organization, the 4384
licensee or applicant shall qualify the business organization 4385
upon approval of the department board. 4386
(3) 4387
(b) In the event a qualifying agent ceases employment with 4388
a qualified business organization, the department executive 4389
director or the chair of the board may authorize another 4390
registered architect employed by the business organization to 4391
temporarily serve as its qualifying agent for a period of no 4392
more than 60 days. The business organization may is not 4393
authorized to operate beyond such period under this chapter 4394
absent replacement of the qualifying agent who has ceased 4395
employment. 4396
(5) The department board shall allow a licensee or an 4397
applicant to qualify one or more business organizations to offer 4398
architectural services, or to use a fictitious name to offer 4399
such services, if one or more of the principal officers of the 4400

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corporation or limited liability company, or one or more 4401
partners of the partnership, and all personnel of the 4402
corporation, limited liability company, or partnership who act 4403
in its behalf in this state as architects, are registered as 4404
provided by this part. 4405
Section 159. Subsections (1), (2), (6), (11), and (12) of 4406
section 481.221, Florida Statutes, are amended to read: 4407
481.221 Seals; display of certificate number.— 4408
(1) The department board shall prescribe, by rule, one or 4409
more forms of seals to be used by registered architects holding 4410
valid certificates of registration. 4411
(2) Each registered architect shall obtain one seal in a 4412
form approved by rule of the department board and may, in 4413
addition, register her or his seal electronically in accordance 4414
with ss. 668.001-668.006. All final construction documents and 4415
instruments of service which include drawings, plans, 4416
specifications, or reports prepared or issued by the registered 4417
architect and being filed for public record shall bear the 4418
signature and seal of the registered architect who prepared or 4419
approved the document and the date on which they were sealed. 4420
The signature, date, and seal shall be evidence of the 4421
authenticity of that to which they are affixed. Final plans, 4422
specifications, or reports prepared or issued by a registered 4423
architect may be transmitted electronically and may be signed by 4424
the registered architect, dated, and sealed electronically with 4425

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the seal in accordance with ss. 668.001-668.006. 4426
(6) A No registered architect may not shall affix her or 4427
his signature or seal to any final construction document or 4428
instrument of service which includes drawings, plans, 4429
specifications, or architectural documents which were not 4430
prepared by her or him or under her or his responsible 4431
supervising control or by another registered architect and 4432
reviewed, approved, or modified and adopted by her or him as her 4433
or his own work according to rules adopted by the department 4434
board. 4435
(11) When the certificate of registration of a registered 4436
architect or interior designer has been revoked or suspended by 4437
the department board, the registered architect or interior 4438
designer shall surrender her or his seal to the secretary of the 4439
department board within a period of 30 days after the revocation 4440
or suspension has become effective. If the certificate of the 4441
registered architect or interior designer has been suspended for 4442
a period of time, her or his seal shall be returned to her or 4443
him upon expiration of the suspension period. 4444
(12) A person may not sign and seal by any means any final 4445
plan, specification, or report after her or his certificate of 4446
registration has expired or is suspended or revoked. A 4447
registered architect or interior designer whose certificate of 4448
registration is suspended or revoked shall, within 30 days after 4449
the effective date of the suspension or revocation, surrender 4450

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her or his seal to the secretary of the department executive 4451
director of the board and confirm in writing to the secretary 4452
executive director the cancellation of the registered 4453
architect's or interior designer's electronic signature in 4454
accordance with ss. 668.001-668.006. When a registered 4455
architect's or interior designer's certificate of registration 4456
is suspended for a period of time, her or his seal shall be 4457
returned upon expiration of the period of suspension. 4458
Section 160. Section 481.222, Florida Statutes, is amended 4459
to read: 4460
481.222 Architects performing building code inspection 4461
services.—Notwithstanding any other provision of law, a person 4462
who is currently licensed to practice as an architect under this 4463
part may provide building code inspection services described in 4464
s. 468.603(4) and (7) s. 468.603(5) and (8) to a local 4465
government or state agency upon its request, without being 4466
certified by the Florida Building Code Administrators and 4467
Inspectors licensing program Board under part XII of chapter 4468
468. With respect to the performance of such building code 4469
inspection services, the architect is subject to the 4470
disciplinary guidelines of this part and s. 468.621(1)(c)-(h). 4471
Any complaint processing, investigation, and discipline that 4472
arise out of an architect's performance of building code 4473
inspection services shall be conducted by the department Board 4474
of Architecture and Interior Design rather than the Florida 4475

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Building Code Administrators and Inspectors Board. An architect 4476
may not perform plans review as an employee of a local 4477
government upon any job that the architect or the architect's 4478
company designed. 4479
Section 161. Paragraphs (a) and (d) of subsection (1) of 4480
section 481.223, Florida Statutes, are amended to read: 4481
481.223 Prohibitions; penalties; injunctive relief.— 4482
(1) A person may not knowingly: 4483
(a) Practice architecture unless the person is an 4484
architect or a registered architect; however, a licensed 4485
architect who has been licensed by the department board and who 4486
chooses to relinquish or not to renew his or her license may use 4487
the title "Architect, Retired" but may not otherwise render any 4488
architectural services. 4489
(d) Give false or forged evidence to the department board 4490
or a member thereof. 4491
Section 162. Paragraphs (a), (g), and (i) of subsection 4492
(1) and subsections (2), (3), and (4) of section 481.225, 4493
Florida Statutes, are amended to read: 4494
481.225 Disciplinary proceedings against registered 4495
architects.— 4496
(1) The following acts constitute grounds for which the 4497
disciplinary actions in subsection (3) may be taken: 4498
(a) Violating any provision of s. 455.227(1), s. 481.221, 4499
or s. 481.223, or any rule of the board or department lawfully 4500

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adopted pursuant to this part or chapter 455. 4501
(g) Committing an act of fraud or deceit, or of 4502
negligence, incompetency, or misconduct, in the practice of 4503
architecture, including, but not limited to, allowing the 4504
preparation of any architectural studies, plans, or other 4505
instruments of service in an office that does not have a full-4506
time Florida-registered architect assigned to such office or 4507
failing to ensure the responsible supervising control of 4508
services or projects, as required by department board rule. 4509
(i) Aiding, assisting, procuring, or advising any 4510
unlicensed person to practice architecture contrary to this part 4511
or to a rule of the department or the board. 4512
(2) The department board shall specify, by rule, what acts 4513
or omissions constitute a violation of subsection (1). 4514
(3) When the department board finds any registered 4515
architect guilty of any of the grounds set forth in subsection 4516
(1), it may enter an order imposing one or more of the following 4517
penalties: 4518
(a) Denial of an application for licensure. 4519
(b) Revocation or suspension of a license. 4520
(c) Imposition of an administrative fine not to exceed 4521
$1,000 for each count or separate offense and a fine of up to 4522
$5,000 for matters pertaining to a material violation of the 4523
Florida Building Code as reported by a local jurisdiction. 4524
(d) Issuance of a reprimand. 4525

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(e) Placement of the registered architect on probation for 4526
a period of time and subject to such conditions as the 4527
department board may specify, including requiring the registered 4528
architect to attend continuing education courses or to work 4529
under the supervision of another registered architect. 4530
(f) Restriction of the authorized scope of practice by the 4531
registered architect. 4532
(4) The department shall reissue the license of a 4533
disciplined registered architect upon certification by the board 4534
that he or she has complied with all of the terms and conditions 4535
set forth in the final order. 4536
Section 163. Paragraph (a) of subsection (1) and 4537
subsection (2) of section 481.2251, Florida Statutes, are 4538
amended to read: 4539
481.2251 Disciplinary proceedings against registered 4540
interior designers.— 4541
(1) The following acts constitute grounds for which the 4542
disciplinary actions specified in subsection (2) may be taken: 4543
(a) Attempting to register or renewing registration by 4544
bribery, by fraudulent misrepresentation, or through an error of 4545
the department board; 4546
(2) When the department board finds any person guilty of 4547
any of the grounds set forth in subsection (1), it may enter an 4548
order taking the following action or imposing one or more of the 4549
following penalties: 4550

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(a) Refusal to register the applicant; 4551
(b) Refusal to renew an existing registration; 4552
(c) Removal from the state registry; or 4553
(d) Imposition of an administrative fine not to exceed 4554
$500 for each violation or separate offense and a fine of up to 4555
$2,500 for matters pertaining to a material violation of the 4556
Florida Building Code as reported by a local jurisdiction. 4557
Section 164. Subsection (1) of section 481.303, Florida 4558
Statutes, is amended to read: 4559
481.303 Definitions.—As used in this chapter, the term: 4560
(1) "Board" means the Board of Landscape Architecture. 4561
Section 165. Section 481.306, Florida Statutes, is amended 4562
to read: 4563
481.306 Authority to make rules.—The department may board 4564
has authority to adopt rules pursuant to ss. 120.536(1) and 4565
120.54 to implement the provisions of this chapter and chapter 4566
455 conferring duties upon it. 4567
Section 166. Section 481.307, Florida Statutes, is amended 4568
to read: 4569
481.307 Fees.—The department board, by rule, may establish 4570
fees to be paid for applications, examination, reexamination, 4571
licensing and renewal, delinquency, reinstatement, and 4572
recordmaking and recordkeeping. The examination fee shall be in 4573
an amount that covers the costs of obtaining and administering 4574
the examination and shall be refunded if the applicant is found 4575

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ineligible to sit for the examination. The application fee is 4576
nonrefundable. The combined fees for initial application and 4577
examination may not exceed $800 plus the actual per applicant 4578
cost to the department for purchase of portions of the 4579
examination from the Council of Landscape Architectural 4580
Registration Boards or a similar national organization. The 4581
biennial renewal fee may not exceed $600. The delinquency fee 4582
may not exceed the biennial renewal fee established by the 4583
department board for an active license. The department board 4584
shall establish fees that are adequate to ensure the continued 4585
operation of the department board and to fund the proportionate 4586
expenses incurred by the department which are allocated to the 4587
regulation of landscape architects. Fees shall be based on 4588
department estimates of the revenue required to implement this 4589
part and the provisions of law with respect to the regulation of 4590
landscape architects. 4591
Section 167. Subsection (1) of section 481.309, Florida 4592
Statutes, is amended to read: 4593
481.309 Examinations.— 4594
(1) A person desiring to be licensed as a registered 4595
landscape architect shall apply to the department to take the 4596
licensure examination. The department shall examine each 4597
applicant who the department board certifies: 4598
(a) Has completed the application form and remitted a 4599
nonrefundable application fee and an examination fee which is 4600

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refundable if the applicant is found to be ineligible to take 4601
the examination; and 4602
(b)1. Has completed a professional degree program in 4603
landscape architecture as approved by the department Landscape 4604
Architectural Accreditation Board; or 4605
2. Presents evidence of not less than 6 years of actual 4606
practical experience in landscape architectural work of a grade 4607
and character satisfactory to the department board. Each year of 4608
education completed in a recognized school shall be considered 4609
to be equivalent to 1 year of experience, with a maximum credit 4610
of 4 years. 4611
Section 168. Section 481.310, Florida Statutes, is amended 4612
to read: 4613
481.310 Practical experience requirement.—Beginning 4614
October 1, 1990, every applicant for licensure as a registered 4615
landscape architect shall demonstrate, before prior to 4616
licensure, 1 year of practical experience in landscape 4617
architectural work. An applicant who holds a master of landscape 4618
architecture degree and a bachelor's degree in a related field 4619
is not required to demonstrate 1 year of practical experience in 4620
landscape architectural work to obtain licensure. The department 4621
board shall adopt rules providing standards for the required 4622
experience. An applicant who qualifies for examination pursuant 4623
to s. 481.309(1)(b)1. may obtain the practical experience after 4624
completing the required professional degree. Experience used to 4625

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qualify for examination pursuant to s. 481.309(1)(b)2. may not 4626
be used to satisfy the practical experience requirement under 4627
this section. 4628
Section 169. Section 481.311, Florida Statutes, is amended 4629
to read: 4630
481.311 Licensure.— 4631
(1) The department shall license any applicant who the 4632
department board certifies is qualified to practice landscape 4633
architecture and who has paid the initial licensure fee. 4634
(2) The department board shall certify for licensure any 4635
applicant who: 4636
(a) Passes the examination required by s. 481.309; and 4637
(b) Satisfies the experience requirement of s. 481.310. 4638
(3) The department board shall certify as qualified for a 4639
license by endorsement an applicant who: 4640
(a) Qualifies to take the examination as set forth in s. 4641
481.309; and has passed a national, regional, state, or 4642
territorial licensing examination which is substantially 4643
equivalent to the examination required by s. 481.309; 4644
(b) Holds a valid license to practice landscape 4645
architecture issued by another state or territory of the United 4646
States, if the criteria for issuance of such license were 4647
substantially identical to the licensure criteria which existed 4648
in this state at the time the license was issued; or 4649
(c) Has held a valid license to practice landscape 4650

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architecture in another state or territory of the United States 4651
for at least 10 years before the date of application and has 4652
successfully completed a state, regional, national, or other 4653
examination that is equivalent to or more stringent than the 4654
examination required by the department board, subject to 4655
subsection (5). An applicant who has met the requirements to be 4656
qualified for a license by endorsement, except for successful 4657
completion of an examination that is equivalent to or more 4658
stringent than the examination required by the department board, 4659
may take the examination required by the department board 4660
without completing additional education requirements. Such 4661
application must be submitted to the department board while the 4662
applicant holds a valid license in another state or territory or 4663
within 2 years after the expiration of such license. 4664
(4) The department board may refuse to certify any 4665
applicant who is under investigation in any jurisdiction for any 4666
act which would constitute a violation of this act or of chapter 4667
455, until the investigation is complete and disciplinary 4668
proceedings have been terminated. 4669
(5) The department board may refuse to certify any 4670
applicant who has violated any of the provisions of s. 481.325. 4671
Section 170. Subsections (2) through (5) of section 4672
481.313, Florida Statutes, are amended to read: 4673
481.313 Renewal of license.— 4674
(2) The department shall adopt rules establishing a 4675

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procedure for the biennial renewal of licenses every 4 years. 4676
(3) No license renewal shall be issued to a landscape 4677
architect by the department until the licensee submits proof, 4678
satisfactory to the department, that during the 2-year period 4679
prior to application for renewal, the licensee participated in 4680
such continuing education courses required by the board. The 4681
board shall approve only continuing education courses that 4682
relate to and increase the basic knowledge of landscape 4683
architecture. The board may make an exception from the 4684
requirements of continuing education in emergency or hardship 4685
cases. 4686
(4) The board, by rule adopted pursuant to ss. 120.536(1) 4687
and 120.54, shall establish criteria for the approval of 4688
continuing education courses and providers, and shall by rule 4689
establish criteria for accepting alternative nonclassroom 4690
continuing education on an hour-for-hour basis. A landscape 4691
architect shall receive hour-for-hour credit for attending 4692
continuing education courses approved by the Landscape 4693
Architecture Continuing Education System or another nationally 4694
recognized clearinghouse for continuing education that relate to 4695
and increase his or her basic knowledge of landscape 4696
architecture, as determined by the board, if the landscape 4697
architect submits proof satisfactory to the board that such 4698
course was approved by the Landscape Architecture Continuing 4699
Education System or another nationally recognized clearinghouse 4700

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for continuing education, along with the syllabus or outline for 4701
such course and proof of course attendance. 4702
(5) The board shall require, by rule adopted pursuant to 4703
ss. 120.536(1) and 120.54, a specified number of hours in 4704
specialized or advanced courses, approved by the Florida 4705
Building Commission, on any portion of the Florida Building 4706
Code, adopted pursuant to part IV of chapter 553, relating to 4707
the licensee's respective area of practice. 4708
Section 171. Section 481.315, Florida Statutes, is amended 4709
to read: 4710
481.315 Inactive status.— 4711
(1) A license that has become inactive or delinquent may 4712
be reactivated under this section upon application to the 4713
department and payment of any applicable biennial renewal or 4714
delinquency fee, or both, and a reactivation fee. The board may 4715
not require a licensee to complete more than one renewal cycle 4716
of continuing education requirements. 4717
(2) The department board shall adopt rules relating to 4718
application procedures for inactive status and for the 4719
reactivation of inactive licenses. 4720
Section 172. Subsection (1) of section 481.317, Florida 4721
Statutes, is amended to read: 4722
481.317 Temporary certificates.— 4723
(1) Upon the approval by the department board and payment 4724
of the fee set in s. 481.307, the department shall grant a 4725

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temporary certificate of registration for work on a specified 4726
project in this state for a period not to exceed 1 year to an 4727
applicant who is licensed in another state or territory to 4728
practice landscape architecture. 4729
Section 173. Paragraph (d) of subsection (1) of section 4730
481.323, Florida Statutes, is amended to read: 4731
481.323 Prohibitions; penalties.— 4732
(1) A person may not knowingly: 4733
(d) Give false or forged evidence to the department board 4734
or a member thereof; 4735
Section 174. Subsections (2), (3), and (4) of section 4736
481.325, Florida Statutes, are amended to read: 4737
481.325 Disciplinary proceedings.— 4738
(2) The department board shall specify, by rule, what acts 4739
or omissions constitute a violation of subsection (1). 4740
(3) When the department board finds any registered 4741
landscape architect guilty of any of the grounds set forth in 4742
subsection (1), it may enter an order imposing one or more of 4743
the following penalties: 4744
(a) Denial of an application for licensure. 4745
(b) Revocation or suspension of a license. 4746
(c) Imposition of an administrative fine not to exceed 4747
$1,000 for each count or separate offense and a fine of up to 4748
$5,000 for matters pertaining to a material violation of the 4749
Florida Building Code as reported by a local jurisdiction. 4750

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(d) Issuance of a reprimand. 4751
(e) Placement of the registered landscape architect on 4752
probation for a period of time and subject to such conditions as 4753
the department board may specify, including requiring the 4754
registered landscape architect to attend continuing education 4755
courses or to work under the supervision of another registered 4756
landscape architect. 4757
(f) Restriction of the authorized scope of practice by the 4758
registered landscape architect. 4759
(4) The department shall reissue the license of a 4760
disciplined registered landscape architect upon certification by 4761
the board that she or he has complied with all of the terms and 4762
conditions set forth in the final order. 4763
Section 175. Paragraph (c) of subsection (7) of section 4764
489.103, Florida Statutes, is amended to read: 4765
489.103 Exemptions.—This part does not apply to: 4766
(7) 4767
(c) To qualify for exemption under this subsection, an 4768
owner must personally appear and sign the building permit 4769
application and must satisfy local permitting agency 4770
requirements, if any, proving that the owner has a complete 4771
understanding of the owner's obligations under the law as 4772
specified in the disclosure statement in this section. However, 4773
for purposes of implementing a "United States Department of 4774
Energy SunShot Initiative: Rooftop Solar Challenge" grant and 4775

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the participation of county and municipal governments, including 4776
local permitting agencies under the jurisdiction of such county 4777
and municipal governments, an owner's notarized signature or 4778
personal appearance to sign the permit application is not 4779
required for a solar project, as described in subparagraph 4780
(a)3., if the building permit application is submitted 4781
electronically to the permitting agency and the owner certifies 4782
the application and disclosure statement using the permitting 4783
agency's electronic confirmation system. If any person violates 4784
the requirements of this subsection, the local permitting agency 4785
shall withhold final approval, revoke the permit, or pursue any 4786
action or remedy for unlicensed activity against the owner and 4787
any person performing work that requires licensure under the 4788
permit issued. The local permitting agency shall provide the 4789
person with a disclosure statement in substantially the 4790
following form: 4791
DISCLOSURE STATEMENT 4792
1. I understand that state law requires construction to be done 4793
by a licensed contractor and have applied for an owner-builder 4794
permit under an exemption from the law. The exemption specifies 4795
that I, as the owner of the property listed, may act as my own 4796
contractor with certain restrictions even though I do not have a 4797
license. 4798
2. I understand that building permits are not required to be 4799
signed by a property owner unless he or she is responsible for 4800

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the construction and is not hiring a licensed contractor to 4801
assume responsibility. 4802
3. I understand that, as an owner-builder, I am the responsible 4803
party of record on a permit. I understand that I may protect 4804
myself from potential financial risk by hiring a licensed 4805
contractor and having the permit filed in his or her name 4806
instead of my own name. I also understand that a contractor is 4807
required by law to be licensed in Florida and to list his or her 4808
license numbers on permits and contracts. 4809
4. I understand that I may build or improve a one-family or 4810
two-family residence or a farm outbuilding. I may also build or 4811
improve a commercial building if the costs do not exceed 4812
$75,000. The building or residence must be for my own use or 4813
occupancy. It may not be built or substantially improved for 4814
sale or lease, unless I am completing the requirements of a 4815
building permit where the contractor listed on the permit 4816
substantially completed the project. If a building or residence 4817
that I have built or substantially improved myself is sold or 4818
leased within 1 year after the construction is complete, the law 4819
will presume that I built or substantially improved it for sale 4820
or lease, which violates the exemption. 4821
5. I understand that, as the owner-builder, I must provide 4822
direct, onsite supervision of the construction. 4823
6. I understand that I may not hire an unlicensed person to act 4824
as my contractor or to supervise persons working on my building 4825

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or residence. It is my responsibility to ensure that the persons 4826
whom I employ have the licenses required by law and by county or 4827
municipal ordinance. 4828
7. I understand that it is a frequent practice of unlicensed 4829
persons to have the property owner obtain an owner-builder 4830
permit that erroneously implies that the property owner is 4831
providing his or her own labor and materials. I, as an owner-4832
builder, may be held liable and subjected to serious financial 4833
risk for any injuries sustained by an unlicensed person or his 4834
or her employees while working on my property. My homeowner's 4835
insurance may not provide coverage for those injuries. I am 4836
willfully acting as an owner-builder and am aware of the limits 4837
of my insurance coverage for injuries to workers on my property. 4838
8. I understand that I may not delegate the responsibility for 4839
supervising work to a licensed contractor who is not licensed to 4840
perform the work being done. Any person working on my building 4841
who is not licensed must work under my direct supervision and 4842
must be employed by me, which means that I must comply with laws 4843
requiring the withholding of federal income tax and social 4844
security contributions under the Federal Insurance Contributions 4845
Act (FICA) and must provide workers' compensation for the 4846
employee. I understand that my failure to follow these laws may 4847
subject me to serious financial risk. 4848
9. I agree that, as the party legally and financially 4849
responsible for this proposed construction activity, I will 4850

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abide by all applicable laws and requirements that govern owner-4851
builders as well as employers. I also understand that the 4852
construction must comply with all applicable laws, ordinances, 4853
building codes, and zoning regulations. 4854
10. I understand that I may obtain more information regarding 4855
my obligations as an employer from the Internal Revenue Service, 4856
the United States Small Business Administration, the Florida 4857
Department of Financial Services, and the Florida Department of 4858
Revenue. I also understand that I may contact the Florida 4859
Department of Business and Professional Regulation Construction 4860
Industry Licensing Board at ...(telephone number)... or 4861
...(Internet website address)... for more information about 4862
licensed contractors. 4863
11. I am aware of, and consent to, an owner-builder building 4864
permit applied for in my name and understand that I am the party 4865
legally and financially responsible for the proposed 4866
construction activity at the following address: ...(address of 4867
property).... 4868
12. I agree to notify ...(issuer of disclosure statements)... 4869
immediately of any additions, deletions, or changes to any of 4870
the information that I have provided on this disclosure. 4871
Licensed contractors are regulated by laws designed to protect 4872
the public. If you contract with a person who does not have a 4873
license, the Construction Industry Licensing Board and 4874
Department of Business and Professional Regulation may be unable 4875

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to assist you with any financial loss that you sustain as a 4876
result of a complaint. Your only remedy against an unlicensed 4877
contractor may be in civil court. It is also important for you 4878
to understand that, if an unlicensed contractor or employee of 4879
an individual or firm is injured while working on your property, 4880
you may be held liable for damages. If you obtain an owner-4881
builder permit and wish to hire a licensed contractor, you will 4882
be responsible for verifying whether the contractor is properly 4883
licensed and the status of the contractor's workers' 4884
compensation coverage. 4885
Before a building permit can be issued, this disclosure 4886
statement must be completed and signed by the property owner and 4887
returned to the local permitting agency responsible for issuing 4888
the permit. A copy of the property owner's driver license, the 4889
notarized signature of the property owner, or other type of 4890
verification acceptable to the local permitting agency is 4891
required when the permit is issued. 4892
Signature: ...(signature of property owner).... 4893
Date: ...(date).... 4894
Section 176. Subsections (2) through (19) of section 4895
489.105, Florida Statutes, are renumbered as subsections (1) 4896
through (18), respectively, and subsection (1) and present 4897
subsection (6) of that section are amended to read: 4898
489.105 Definitions.—As used in this part: 4899
(1) "Board" means the Construction Industry Licensing 4900

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Board. 4901
(5)(6) "Contracting" means, except as exempted in this 4902
part, engaging in business as a contractor and includes, but is 4903
not limited to, performance of any of the acts as set forth in 4904
subsection (2) (3) which define types of contractors. The 4905
attempted sale of contracting services and the negotiation or 4906
bid for a contract on these services also constitutes 4907
contracting. If the services offered require licensure or agent 4908
qualification, the offering, negotiation for a bid, or attempted 4909
sale of these services requires the corresponding licensure. 4910
However, the term "contracting" does shall not extend to an 4911
individual, partnership, corporation, trust, or other legal 4912
entity that offers to sell or sells completed residences on 4913
property on which the individual or business entity has any 4914
legal or equitable interest, or to the individual or business 4915
entity that offers to sell or sells manufactured or factory-4916
built buildings that will be completed on site on property on 4917
which either party to a contract has any legal or equitable 4918
interest, if the services of a qualified contractor certified or 4919
registered pursuant to the requirements of this chapter have 4920
been or will be retained for the purpose of constructing or 4921
completing such residences. 4922
Section 177. Section 489.108, Florida Statutes, is amended 4923
to read: 4924
489.108 Rulemaking authority.—The department may board has 4925

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authority to adopt rules pursuant to ss. 120.536(1) and 120.54 4926
to implement the provisions of this chapter conferring duties 4927
upon it. 4928
Section 178. Subsections (1) and (2) of section 489.109, 4929
Florida Statutes, are amended to read: 4930
489.109 Fees.— 4931
(1) The department board, by rule, shall establish 4932
reasonable fees to be paid for applications, certification and 4933
renewal, registration and renewal, and recordmaking and 4934
recordkeeping. The fees shall be established as follows: 4935
(a) With respect to an applicant for a certificate, the 4936
initial application fee may not exceed $150, and, if an 4937
examination cost is included in the application fee, the 4938
combined amount may not exceed $350. The initial certification 4939
fee and the renewal fee may not exceed $250. However, any 4940
applicant who seeks certification under this part by taking a 4941
practical examination must pay as an examination fee the actual 4942
cost incurred by the department in developing, preparing, 4943
administering, scoring, score reporting, and evaluating the 4944
examination, if the examination is conducted by the department. 4945
(b) With respect to an applicant for registration, the 4946
initial application fee may not exceed $100, and the initial 4947
registration fee and the renewal fee may not exceed $200. 4948
(c) The department board, by rule, may establish 4949
delinquency fees, not to exceed the applicable renewal fee for 4950

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renewal applications made after the expiration date of the 4951
certificate or registration. 4952
(d) With respect to an application for registration or 4953
certification to qualify a business organization, the initial 4954
application fee and the renewal fee shall be $50. 4955
(e) The department board, by rule, shall impose a renewal 4956
fee for an inactive status certificate or registration, not to 4957
exceed the renewal fee for an active status certificate or 4958
registration. Neither the inactive certification fee nor the 4959
inactive registration fee may exceed $50. The department board, 4960
by rule, may provide for a different fee for inactive status 4961
where such status is sought by a building code administrator, 4962
plans examiner, or inspector certified pursuant to part XII of 4963
chapter 468 who is employed by a local government and is not 4964
allowed by the terms of such employment to maintain a 4965
certificate on active status issued pursuant to this part. 4966
(f) The department board, by rule, shall impose an 4967
additional late fee on a delinquent status certificateholder or 4968
registrant when such certificateholder or registrant applies for 4969
active or inactive status. 4970
(g) The department board, by rule, shall impose an 4971
additional fee, not to exceed the applicable renewal fee, which 4972
reasonably reflects the costs of processing a 4973
certificateholder's or registrant's request to change licensure 4974
status at any time other than at the beginning of a licensure 4975

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cycle. 4976
(2) The board shall establish fees that are adequate to 4977
ensure the continued operation of the board. Fees shall be based 4978
on department estimates of the revenue required to implement 4979
this part and the provisions of law with respect to the 4980
regulation of the construction industry. 4981
Section 179. Paragraph (c) of subsection (2) and 4982
subsection (3) of section 489.111, Florida Statutes, are amended 4983
to read: 4984
489.111 Licensure by examination.— 4985
(2) A person shall be eligible for licensure by 4986
examination if the person: 4987
(c) Meets eligibility requirements according to one of the 4988
following criteria: 4989
1. Has received a baccalaureate degree from an accredited 4990
4-year college in the appropriate field of engineering, 4991
architecture, or building construction and has 1 year of proven 4992
experience in the category in which the person seeks to qualify. 4993
For the purpose of this part, a minimum of 2,000 person-hours 4994
shall be used in determining full-time equivalency. An applicant 4995
who is exempt from passing an examination under s. 489.113(1) is 4996
eligible for a license under this section. 4997
2. Has a total of at least 4 years of active experience as 4998
a worker who has learned the trade by serving an apprenticeship 4999
as a skilled worker who is able to command the rate of a 5000

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mechanic in the particular trade or as a foreman who is in 5001
charge of a group of workers and usually is responsible to a 5002
superintendent or a contractor or his or her equivalent; 5003
provided, however, that at least 1 year of active experience 5004
shall be as a foreman. 5005
3. Has a combination of not less than 1 year of experience 5006
as a foreman and not less than 3 years of credits for any 5007
accredited college-level courses; has a combination of not less 5008
than 1 year of experience as a skilled worker, 1 year of 5009
experience as a foreman, and not less than 2 years of credits 5010
for any accredited college-level courses; or has a combination 5011
of not less than 2 years of experience as a skilled worker, 1 5012
year of experience as a foreman, and not less than 1 year of 5013
credits for any accredited college-level courses. All junior 5014
college or community college-level courses shall be considered 5015
accredited college-level courses. 5016
4.a. An active certified residential contractor is 5017
eligible to receive a certified building contractor license 5018
after passing or having previously passed the building 5019
contractors' examination if he or she possesses a minimum of 3 5020
years of proven experience in the classification in which he or 5021
she is certified. 5022
b. An active certified residential contractor is eligible 5023
to receive a certified general contractor license after passing 5024
or having previously passed the general contractors' examination 5025

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if he or she possesses a minimum of 4 years of proven experience 5026
in the classification in which he or she is certified. 5027
c. An active certified building contractor is eligible to 5028
receive a certified general contractor license after passing or 5029
having previously passed the general contractors' examination if 5030
he or she possesses a minimum of 4 years of proven experience in 5031
the classification in which he or she is certified. 5032
5.a. An active certified air-conditioning Class C 5033
contractor is eligible to receive a certified air-conditioning 5034
Class B contractor license after passing or having previously 5035
passed the air-conditioning Class B contractors' examination if 5036
he or she possesses a minimum of 3 years of proven experience in 5037
the classification in which he or she is certified. 5038
b. An active certified air-conditioning Class C contractor 5039
is eligible to receive a certified air-conditioning Class A 5040
contractor license after passing or having previously passed the 5041
air-conditioning Class A contractors' examination if he or she 5042
possesses a minimum of 4 years of proven experience in the 5043
classification in which he or she is certified. 5044
c. An active certified air-conditioning Class B contractor 5045
is eligible to receive a certified air-conditioning Class A 5046
contractor license after passing or having previously passed the 5047
air-conditioning Class A contractors' examination if he or she 5048
possesses a minimum of 1 year of proven experience in the 5049
classification in which he or she is certified. 5050

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6.a. An active certified swimming pool servicing 5051
contractor is eligible to receive a certified residential 5052
swimming pool contractor license after passing or having 5053
previously passed the residential swimming pool contractors' 5054
examination if he or she possesses a minimum of 3 years of 5055
proven experience in the classification in which he or she is 5056
certified. 5057
b. An active certified swimming pool servicing contractor 5058
is eligible to receive a certified commercial swimming pool 5059
contractor license after passing or having previously passed the 5060
swimming pool commercial contractors' examination if he or she 5061
possesses a minimum of 4 years of proven experience in the 5062
classification in which he or she is certified. 5063
c. An active certified residential swimming pool 5064
contractor is eligible to receive a certified commercial 5065
swimming pool contractor license after passing or having 5066
previously passed the commercial swimming pool contractors' 5067
examination if he or she possesses a minimum of 1 year of proven 5068
experience in the classification in which he or she is 5069
certified. 5070
d. An applicant is eligible to receive a certified 5071
swimming pool/spa servicing contractor license after passing or 5072
having previously passed the swimming pool/spa servicing 5073
contractors' examination if he or she has satisfactorily 5074
completed 60 hours of instruction in courses related to the 5075

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scope of work covered by that license and approved by the 5076
department Construction Industry Licensing Board by rule and has 5077
at least 1 year of proven experience related to the scope of 5078
work of such a contractor. 5079
(3)(a) The department board may refuse to certify an 5080
applicant for failure to satisfy the requirement of good moral 5081
character only if: 5082
1. There is a substantial connection between the lack of 5083
good moral character of the applicant and the professional 5084
responsibilities of a certified contractor; and 5085
2. The finding by the department board of lack of good 5086
moral character is supported by clear and convincing evidence. 5087
(b) When an applicant is found to be unqualified for a 5088
certificate because of a lack of good moral character, the 5089
department board shall furnish the applicant a statement 5090
containing the findings of the department board, a complete 5091
record of the evidence upon which the determination was based, 5092
and a notice of the rights of the applicant to a rehearing and 5093
appeal. 5094
Section 180. Subsections (1) and (2), paragraph (f) of 5095
subsection (3), and subsections (6), (7), and (8) of section 5096
489.113, Florida Statutes, are amended to read: 5097
489.113 Qualifications for practice; restrictions.— 5098
(1) Any person who desires to engage in contracting on a 5099
statewide basis shall, as a prerequisite thereto, establish his 5100

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or her competency and qualifications to be certified pursuant to 5101
this part. To establish competency, a person shall pass the 5102
appropriate examination approved by the board and certified by 5103
the department. If an applicant has received a baccalaureate 5104
degree in building construction from an accredited 4-year 5105
college, or a related degree as approved by the department board 5106
by rule, and has a grade point average of 3.0 or higher, such 5107
applicant is only required to take and pass the business and 5108
finance portion of the examination. Any person who desires to 5109
engage in contracting on other than a statewide basis shall, as 5110
a prerequisite thereto, be registered pursuant to this part, 5111
unless exempted by this part. 5112
(2) A person must be certified or registered in order to 5113
engage in the business of contracting in this state. However, 5114
for purposes of complying with the provisions of this chapter, a 5115
subcontractor who is not certified or registered may perform 5116
construction work under the supervision of a person who is 5117
certified or registered, provided that the work is within the 5118
scope of the supervising contractor's license, the supervising 5119
contractor is responsible for the work, and the subcontractor 5120
being supervised is not engaged in construction work that would 5121
require a license as a contractor under any of the categories 5122
listed in s. 489.105(2)(d)-(o) s. 489.105(3)(d)-(o). This 5123
subsection does not affect the application of any local 5124
construction licensing ordinances. To enforce this subsection: 5125

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(a) The department shall issue a cease and desist order to 5126
prohibit any person from engaging in the business of contracting 5127
who does not hold the required certification or registration for 5128
the work being performed under this part. For the purpose of 5129
enforcing a cease and desist order, the department may file a 5130
proceeding in the name of the state seeking issuance of an 5131
injunction or a writ of mandamus against any person who violates 5132
any provision of such order. 5133
(b) A county, municipality, or local licensing board 5134
created by special act may issue a cease and desist order to 5135
prohibit any person from engaging in the business of contracting 5136
who does not hold the required certification or registration for 5137
the work being performed under this part. 5138
(3) A contractor shall subcontract all electrical, 5139
mechanical, plumbing, roofing, sheet metal, swimming pool, and 5140
air-conditioning work, unless such contractor holds a state 5141
certificate or registration in the respective trade category, 5142
however: 5143
(f) A solar contractor may shall not be required to 5144
subcontract minor, as defined by department board rule, 5145
electrical, mechanical, plumbing, or roofing work so long as 5146
that work is within the scope of the license held by the solar 5147
contractor and where such work exclusively pertains to the 5148
installation of residential solar energy equipment as defined by 5149
rules of the department board adopted in conjunction with the 5150

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Electrical Contracting Licensing Board. 5151
(6)(a) The department board shall, by rule, designate 5152
those types of specialty contractors which may be certified 5153
under this part. The limit of the scope of work and 5154
responsibility of a specialty contractor shall be established by 5155
the department board by rule. However, a certified specialty 5156
contractor category established by department board rule exists 5157
as a voluntary statewide licensing category and does not create 5158
a mandatory licensing requirement. Any mandatory statewide 5159
construction contracting licensure requirement may only be 5160
established through specific statutory provision. 5161
(b) By July 1, 2025, the department board shall, by rule, 5162
establish certified specialty contractor categories for 5163
voluntary licensure for all of the following: 5164
1. Structural aluminum or screen enclosures. 5165
2. Marine seawall work. 5166
3. Marine bulkhead work. 5167
4. Marine dock work. 5168
5. Marine pile driving. 5169
6. Structural masonry. 5170
7. Structural prestressed, precast concrete work. 5171
8. Rooftop solar heating installation. 5172
9. Structural steel. 5173
10. Window and door installation, including garage door 5174
installation and hurricane or windstorm protection. 5175

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11. Plaster and lath. 5176
12. Structural carpentry. 5177
(7) If an eligible applicant fails any contractor's 5178
written examination, except the general and building 5179
contractors' examination, and provides the department board with 5180
acceptable proof of lack of comprehension of written 5181
examinations, the applicant may petition the department board to 5182
be administered a uniform oral examination, subject to the 5183
following conditions: 5184
(a) The applicant documents 10 years of experience in the 5185
appropriate construction craft. 5186
(b) The applicant files written recommendations concerning 5187
his or her competency in the appropriate construction craft. 5188
(c) The applicant is administered only one oral 5189
examination within a period of 1 year. 5190
(8) Any public record of the department board, when 5191
certified by the department executive director of the board or 5192
the executive director's representative, may be received as 5193
prima facie evidence in any administrative or judicial 5194
proceeding. 5195
Section 181. Subsection (1) of section 489.1131, Florida 5196
Statutes, is amended to read: 5197
489.1131 Credit for relevant military training and 5198
education.— 5199
(1) The department shall provide a method by which 5200

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honorably discharged veterans may apply for licensure. The 5201
method must include a veteran-specific application and provide: 5202
(a) To the fullest extent possible, credit toward the 5203
requirements for licensure for military experience, training, 5204
and education received and completed during service in the 5205
United States Armed Forces if the military experience, training, 5206
or education is substantially similar to the experience, 5207
training, or education required for licensure. 5208
(b) Acceptance of up to 3 years of active duty service in 5209
the United States Armed Forces, regardless of duty or training, 5210
to meet the experience requirements of s. 489.111(2)(c). At 5211
least 1 additional year of active experience as a foreman in the 5212
trade, either civilian or military, is required to fulfill the 5213
experience requirement of s. 489.111(2)(c). 5214
5215
The department board may adopt rules pursuant to ss. 120.536(1) 5216
and 120.54 to implement this subsection. 5217
Section 182. Subsection (1) of section 489.1136, Florida 5218
Statutes, is amended to read: 5219
489.1136 Medical gas certification.— 5220
(1)(a) In addition to the certification or registration 5221
required to engage in business as a plumbing contractor, any 5222
plumbing contractor who wishes to engage in the business of 5223
installation, improvement, repair, or maintenance of any tubing, 5224
pipe, or similar conduit used to transport gaseous or partly 5225

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gaseous substances for medical purposes shall take, as part of 5226
the contractor's continuing education requirement, at least once 5227
during the holding of such license, a course of at least 6 hours 5228
before the licensee's initial installation, improvement, repair, 5229
or maintenance of any tubing, pipe, or similar conduit used to 5230
transport gaseous or partly gaseous substances for medical 5231
purposes. Such course shall be given by an instructional 5232
facility or teaching entity that has been approved by the 5233
department board. In order for a course to be approved, the 5234
department board must find that the course is designed to teach 5235
familiarity with the National Fire Prevention Association 5236
Standard 99C (Standard on Gas and Vacuum Systems, latest 5237
edition) and also designed to teach familiarity and practical 5238
ability in performing and inspecting brazing duties required of 5239
medical gas installation, improvement, repair, or maintenance 5240
work. Such course shall issue a certificate of completion to the 5241
taker of the course, which certificate shall be available for 5242
inspection by any entity or person seeking to have such 5243
contractor engage in the business of installation, improvement, 5244
repair, or maintenance of a medical gas system. 5245
(b) Any other natural person who is employed by a licensed 5246
plumbing contractor to provide work on the installation, 5247
improvement, repair, or maintenance of a medical gas system, 5248
except as noted in paragraph (c), shall, as a prerequisite to 5249
his or her ability to provide such service, take a course 5250

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approved by the department board. Such course shall be at least 5251
8 hours and consist of both classroom and practical work 5252
designed to teach familiarity with the National Fire Prevention 5253
Association Standard 99C (Standard on Gas and Vacuum Systems, 5254
latest edition) and also designed to teach familiarity and 5255
practical ability in performing and inspecting brazing duties 5256
required of medical gas installation, improvement, repair, or 5257
maintenance work. Such course shall also include the 5258
administration of a practical examination in the skills required 5259
to perform work as outlined above, including brazing, and each 5260
examination shall be reasonably constructed to test for 5261
knowledge of the subject matter. The person taking such course 5262
and examination must, upon successful completion of both, be 5263
issued a certificate of completion by the giver of such course, 5264
which certificate shall be made available by the holder for 5265
inspection by any person or entity seeking to have such person 5266
perform work on the installation, improvement, repair, or 5267
maintenance of a medical gas system. 5268
(c) Any other natural person who wishes to perform only 5269
brazing duties incidental to the installation, improvement, 5270
repair, or maintenance of a medical gas system shall pass an 5271
examination designed to show that person's familiarity with and 5272
practical ability in performing brazing duties required of 5273
medical gas installation, improvement, repair, or maintenance. 5274
Such examination shall be from a test approved by the department 5275

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board. Such examination must test for knowledge of National Fire 5276
Prevention Association Standard 99C (Standard on Gas and Vacuum 5277
Systems, latest edition). The person taking such examination 5278
must, upon passing such examination, be issued a certificate of 5279
completion by the giver of such examination, and such 5280
certificate shall be made available by the holder for inspection 5281
by any person or entity seeking to have or employ such person to 5282
perform brazing duties on a medical gas system. 5283
(d) It is the responsibility of the licensed plumbing 5284
contractor to ascertain whether members of his or her workforce 5285
are in compliance with this subsection, and such contractor is 5286
subject to discipline under s. 489.129 for violation of this 5287
subsection. 5288
(e) Training programs in medical gas piping installation, 5289
improvement, repair, or maintenance shall be reviewed annually 5290
by the department board to ensure that programs have been 5291
provided equitably across the state. 5292
(f) Periodically, the department board shall review 5293
training programs in medical gas piping installation for quality 5294
in content and instruction in accordance with the National Fire 5295
Prevention Association Standard 99C (Standard on Gas and Vacuum 5296
Systems, latest edition). The department board shall also 5297
respond to complaints regarding approved programs. 5298
Section 183. Section 489.114, Florida Statutes, is amended 5299
to read: 5300

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489.114 Evidence of workers' compensation coverage.—Except 5301
as provided in s. 489.115(5)(d), any person, business 5302
organization, or qualifying agent engaged in the business of 5303
contracting in this state and certified or registered under this 5304
part shall, as a condition precedent to the issuance or renewal 5305
of a certificate or registration of the contractor, provide to 5306
the department Construction Industry Licensing Board, as 5307
provided by department board rule, evidence of workers' 5308
compensation coverage pursuant to chapter 440. In the event that 5309
the Division of Workers' Compensation of the Department of 5310
Financial Services receives notice of the cancellation of a 5311
policy of workers' compensation insurance insuring a person or 5312
entity governed by this section, the Division of Workers' 5313
Compensation shall certify and identify all persons or entities 5314
by certification or registration license number to the 5315
department after verification is made by the Division of 5316
Workers' Compensation that persons or entities governed by this 5317
section are no longer covered by workers' compensation 5318
insurance. Such certification and verification by the Division 5319
of Workers' Compensation may result from records furnished to 5320
the Division of Workers' Compensation by the persons or entities 5321
governed by this section or an investigation completed by the 5322
Division of Workers' Compensation. The department shall notify 5323
the persons or entities governed by this section who have been 5324
determined to be in noncompliance with chapter 440, and the 5325

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persons or entities notified shall provide certification of 5326
compliance with chapter 440 to the department and pay an 5327
administrative fine in the amount of $500. The failure to 5328
maintain workers' compensation coverage as required by law shall 5329
be grounds for the department board to revoke, suspend, or deny 5330
the issuance or renewal of a certificate or registration of the 5331
contractor under the provisions of s. 489.129. 5332
Section 184. Paragraph (c) of subsection (4) of section 5333
489.115, Florida Statutes, is redesignated as paragraph (b), and 5334
paragraph (a) of subsection (2), subsection (3), present 5335
paragraph (b) of subsection (4), and subsections (5) through (9) 5336
of that section are amended to read: 5337
489.115 Certification and registration; endorsement; 5338
reciprocity; renewals; continuing education.— 5339
(2)(a) The department shall issue a certificate or 5340
registration to each person qualified by the department board 5341
and upon receipt of the original license fee. 5342
(3) The department board shall certify as qualified for 5343
certification by endorsement any applicant who: 5344
(a) Meets the requirements for certification as set forth 5345
in this section; has passed a national, regional, state, or 5346
United States territorial licensing examination that is 5347
substantially equivalent to the examination required by this 5348
part; and has satisfied the requirements set forth in s. 5349
489.111; 5350

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(b) Holds a valid license to practice contracting issued 5351
by another state or territory of the United States, if the 5352
criteria for issuance of such license were substantially 5353
equivalent to Florida's current certification criteria; 5354
(c) Holds a valid, current license to practice contracting 5355
issued by another state or territory of the United States, if 5356
the state or territory has entered into a reciprocal agreement 5357
with the department board for the recognition of contractor 5358
licenses issued in that state, based on criteria for the 5359
issuance of such licenses that are substantially equivalent to 5360
the criteria for certification in this state; or 5361
(d) Has held a valid, current license to practice 5362
contracting issued by another state or territory of the United 5363
States for at least 10 years before the date of application and 5364
is applying for the same or similar license in this state, 5365
subject to subsections (5)-(8) (5)-(9). The department board may 5366
consider an applicant's technical competence to ensure the 5367
applicant is able to meet the requirements of this state's codes 5368
and standards for wind mitigation and water intrusion. The 5369
department board may also consider whether such applicant has 5370
had a license to practice contracting revoked, suspended, or 5371
otherwise acted against by the licensing authority of another 5372
state, territory, or country. Such application must be made 5373
either when the license in another state or territory is active 5374
or within 2 years after such license was last active. Division I 5375

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contractors and roofing contractors must complete a 2-hour 5376
course on the Florida Building Code which includes information 5377
on wind mitigation techniques. The required courses may be 5378
completed online. 5379
(4) 5380
(b)1. Each certificateholder or registrant shall provide 5381
proof, in a form established by rule of the board, that the 5382
certificateholder or registrant has completed at least 14 5383
classroom hours of at least 50 minutes each of continuing 5384
education courses during each biennium since the issuance or 5385
renewal of the certificate or registration. The board shall 5386
establish by rule that a portion of the required 14 hours must 5387
deal with the subject of workers' compensation, business 5388
practices, workplace safety, and, for applicable licensure 5389
categories, wind mitigation methodologies, and 1 hour of which 5390
must deal with laws and rules. The board shall by rule establish 5391
criteria for the approval of continuing education courses and 5392
providers, including requirements relating to the content of 5393
courses and standards for approval of providers, and may by rule 5394
establish criteria for accepting alternative nonclassroom 5395
continuing education on an hour-for-hour basis. The board shall 5396
prescribe by rule the continuing education, if any, which is 5397
required during the first biennium of initial licensure. A 5398
person who has been licensed for less than an entire biennium 5399
must not be required to complete the full 14 hours of continuing 5400

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education. 5401
2. In addition, the board may approve specialized 5402
continuing education courses on compliance with the wind 5403
resistance provisions for one and two family dwellings contained 5404
in the Florida Building Code and any alternate methodologies for 5405
providing such wind resistance which have been approved for use 5406
by the Florida Building Commission. Division I 5407
certificateholders or registrants who demonstrate proficiency 5408
upon completion of such specialized courses may certify plans 5409
and specifications for one and two family dwellings to be in 5410
compliance with the code or alternate methodologies, as 5411
appropriate, except for dwellings located in floodways or 5412
coastal hazard areas as defined in ss. 60.3D and E of the 5413
National Flood Insurance Program. 5414
3. The board shall require, by rule adopted pursuant to 5415
ss. 120.536(1) and 120.54, a specified number of hours in 5416
specialized or advanced module courses, approved by the Florida 5417
Building Commission, on any portion of the Florida Building 5418
Code, adopted pursuant to part IV of chapter 553, relating to 5419
the contractor's respective discipline. 5420
(5)(a) As a prerequisite to the initial issuance or the 5421
renewal of a certificate or registration, the applicant shall 5422
submit an affidavit on a form provided by the department board 5423
attesting to the fact that the applicant has obtained workers' 5424
compensation insurance as required by chapter 440, public 5425

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liability insurance, and property damage insurance for the 5426
safety and welfare of the public, in amounts determined by rule 5427
of the department board. The department board shall by rule 5428
establish a procedure to verify the accuracy of such affidavits 5429
based upon a random sample method. 5430
(b) In addition to the affidavit of insurance, as a 5431
prerequisite to the initial issuance of a certificate, the 5432
applicant shall furnish a credit report from a nationally 5433
recognized credit agency that reflects the financial 5434
responsibility of the applicant and evidence of financial 5435
responsibility, credit, and business reputation of either 5436
himself or herself or the business organization he or she 5437
desires to qualify. The department board shall adopt rules 5438
defining financial responsibility based upon the applicant's 5439
credit history, ability to be bonded, and any history of 5440
bankruptcy or assignment of receivers. The department board may 5441
also adopt rules that would allow applicants to demonstrate 5442
financial responsibility, as an alternative to the foregoing, by 5443
providing minimum credit scores or bonds payable as prescribed 5444
for financially responsible officers. Such rules shall specify 5445
the financial responsibility grounds on which the department 5446
board may refuse to qualify an applicant for certification. 5447
(c) If, within 60 days from the date the applicant is 5448
notified that he or she has qualified, he or she does not 5449
provide the evidence required, he or she shall apply to the 5450

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department for an extension of time which shall be granted upon 5451
a showing of just cause. 5452
(d) An applicant for initial issuance of a certificate or 5453
registration shall submit as a prerequisite to qualifying for an 5454
exemption from workers' compensation coverage requirements under 5455
s. 440.05 an affidavit attesting to the fact that the applicant 5456
will obtain an exemption within 30 days after the date the 5457
initial certificate or registration is issued by the department 5458
board. 5459
(6) An applicant for initial issuance of a certificate or 5460
registration shall submit to a statewide criminal history 5461
records check through the Department of Law Enforcement. The 5462
Department of Business and Professional Regulation shall submit 5463
the requests for the criminal history records check to the 5464
Department of Law Enforcement for state processing, and the 5465
Department of Law Enforcement shall return the results to the 5466
department to determine if the applicant meets certification or 5467
registration requirements. If the applicant has been convicted 5468
of a felony, the Department of Business and Professional 5469
Regulation board may deny licensure to the applicant based upon 5470
the severity of the crime, the relationship of the crime to 5471
contracting, or the potential for public harm. The department 5472
board shall also, in denying or approving licensure, consider 5473
the length of time since the commission of the crime and the 5474
rehabilitation of the applicant. The department board may not 5475

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deny licensure to an applicant based solely upon a felony 5476
conviction or the applicant's failure to provide proof of 5477
restoration of civil rights. 5478
(7) An initial applicant shall, along with the 5479
application, and a certificateholder or registrant shall, upon 5480
requesting a change of status, submit to the department board a 5481
credit report from a nationally recognized credit agency that 5482
reflects the financial responsibility of the applicant or 5483
certificateholder or registrant. The credit report required for 5484
the initial applicant shall be considered the minimum evidence 5485
necessary to satisfy the department board that he or she is 5486
financially responsible to be certified, has the necessary 5487
credit and business reputation to engage in contracting in the 5488
state, and has the minimum financial stability necessary to 5489
avoid the problem of financial mismanagement or misconduct. The 5490
department board shall, by rule, adopt guidelines for 5491
determination of financial stability, which may include minimum 5492
requirements for net worth, cash, and bonding for Division I 5493
certificateholders of no more than $20,000 and for Division II 5494
certificateholders of no more than $10,000. Fifty percent of the 5495
financial requirements may be met by completing a 14-hour 5496
financial responsibility course approved by the department 5497
board. 5498
(8) If a certificateholder or registrant holds a license 5499
under both this part and part II and is required to have 5500

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continuing education courses under s. 489.517(3), the 5501
certificateholder or registrant may apply those course hours for 5502
workers' compensation, workplace safety, and business practices 5503
obtained under part II to the requirements under this part. 5504
(8)(9) An initial applicant shall submit, along with the 5505
application, a complete set of fingerprints to the department. 5506
The fingerprints shall be submitted to the Department of Law 5507
Enforcement for state processing, and the Department of Law 5508
Enforcement shall forward them to the Federal Bureau of 5509
Investigation for national processing for the purpose of 5510
determining if the applicant has a criminal history record. The 5511
Department of Business and Professional Regulation shall and the 5512
board may review the background results to determine if an 5513
applicant meets licensure requirements. The cost for the 5514
fingerprint processing shall be borne by the person subject to 5515
the background screening. These fees are to be collected by the 5516
authorized agencies or vendors. The authorized agencies or 5517
vendors are responsible for paying the processing costs to the 5518
Department of Law Enforcement. 5519
Section 185. Subsections (7) and (8) of section 489.116, 5520
Florida Statutes, are renumbered as subsections (6) and (7), 5521
respectively, and subsections (2) through (6) and present 5522
subsection (7) of that section are amended, to read: 5523
489.116 Inactive and delinquent status; renewal and 5524
cancellation notices.— 5525

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(2) The department board shall permit a certificateholder 5526
or registrant to elect, at the time of licensure renewal, an 5527
active or inactive status. 5528
(3) An inactive status certificateholder or registrant may 5529
change to active status at any time, if the certificateholder or 5530
registrant meets all requirements for active status, pays any 5531
additional licensure fees necessary to equal those imposed on an 5532
active status certificateholder or registrant, pays any 5533
applicable late fees, and meets all continuing education 5534
requirements prescribed by the department board. 5535
(4) A certificateholder or registrant shall apply with a 5536
completed application, as determined by department board rule, 5537
to renew an active or inactive status certificate or 5538
registration before the certificate or registration expires. 5539
Failure of a certificateholder or registrant to so apply shall 5540
cause the certificate or registration to become a delinquent 5541
certificate or registration. Further, any delinquent 5542
certificateholder or registrant who fails to apply to renew 5543
licensure on either active or inactive status before expiration 5544
of the current licensure cycle must reapply in the same manner 5545
as an applicant for initial certification or registration. 5546
(5) A delinquent status certificateholder or registrant 5547
must apply with a completed application, as determined by 5548
department board rule, for active or inactive status during the 5549
current licensure cycle. Failure by a delinquent status 5550

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certificateholder or registrant to become active or inactive 5551
before the expiration of the current licensure cycle renders the 5552
certificate or registration void, and any subsequent licensure 5553
shall be subject to all procedures and requirements imposed on 5554
an applicant for initial licensure. 5555
(6) The board may not require an inactive 5556
certificateholder or registrant to complete more than one 5557
renewal cycle of continuing education for reactivating a 5558
certificate or registration. 5559
(6)(7) The status or any change in status of a 5560
certificateholder or registrant may shall not alter in any way 5561
the department's board's right to impose discipline or to 5562
enforce discipline previously imposed on a certificateholder or 5563
registrant for acts or omissions committed by the 5564
certificateholder or registrant while holding a certificate or 5565
registration. 5566
Section 186. Paragraphs (a) and (c) of subsection (1), 5567
subsection (2), paragraph (a) of subsection (3), and subsection 5568
(4) of section 489.117, Florida Statutes, are amended to read: 5569
489.117 Registration; specialty contractors.— 5570
(1)(a) A person engaged in the business of a contractor as 5571
defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o) must be 5572
registered before engaging in business as a contractor in this 5573
state, unless he or she is certified. Except as provided in 5574
paragraph (2)(b), to be initially registered, the applicant must 5575

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submit the required fee and file evidence of successful 5576
compliance with the local examination and licensing 5577
requirements, if any, in the area for which registration is 5578
desired. An examination is not required for registration. 5579
(c) Each registrant shall report to the department board 5580
each local jurisdiction and each category of registration in 5581
which the registrant holds a certificate of competency or 5582
license, or where the registrant has been granted a certificate 5583
of competency or license by reciprocal agreement, for which 5584
registration is required by this part, within 30 days after 5585
obtaining such certificate or license. 5586
(2)(a) Except as provided in paragraph (b), the department 5587
board may not issue a new registration after July 1, 1993, based 5588
on any certificate of competency or license for a category of 5589
contractor defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o) 5590
which is issued by a municipal or county government that does 5591
not exercise disciplinary control and oversight over such 5592
locally licensed contractors, including forwarding a recommended 5593
order in each action to the department board as provided in s. 5594
489.131(7). For purposes of this subsection and s. 489.131(10), 5595
the department board shall determine the adequacy of such 5596
disciplinary control by reviewing the local government's ability 5597
to process and investigate complaints and to take disciplinary 5598
action against locally licensed contractors. 5599
(b) The department board shall issue a registration to an 5600

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eligible applicant to engage in the business of a contractor in 5601
a specified local jurisdiction, provided each of the following 5602
conditions are satisfied: 5603
1. The applicant held, in any local jurisdiction in this 5604
state during 2021, 2022, or 2023, a certificate of registration 5605
issued by the state or a local license issued by a local 5606
jurisdiction to perform work in a category of contractor defined 5607
in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o). 5608
2. The applicant submits all of the following to the 5609
department board: 5610
a. Evidence of the certificate of registration or local 5611
license held by the applicant as required by subparagraph 1. 5612
b. Evidence that the specified local jurisdiction does not 5613
have a license type available for the category of work for which 5614
the applicant was issued a certificate of registration or local 5615
license during 2021, 2022, or 2023, such as a notification on 5616
the website of the local jurisdiction or an e-mail or letter 5617
from the office of the local building official or local building 5618
department stating that such license type is not available in 5619
that local jurisdiction. 5620
c. Evidence that the applicant has submitted the required 5621
fee. 5622
d. Evidence of compliance with the insurance and financial 5623
responsibility requirements of s. 489.115(5). 5624
5625

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An examination is not required for an applicant seeking a 5626
registration under this paragraph. 5627
(c) The department board is responsible for disciplining 5628
licensees issued a registration under paragraph (b). The 5629
department board shall make such licensure and disciplinary 5630
information available through the automated information system 5631
provided pursuant to s. 455.2286. 5632
(d) The fees for an applicant seeking a registration under 5633
paragraph (b) and renewal of such registration every 2 years are 5634
the same as the fees established by the department board for 5635
applications, registration and renewal, and record making and 5636
recordkeeping, as set forth in s. 489.109. The department shall 5637
provide license, renewal, and cancellation notices pursuant to 5638
ss. 455.273 and 455.275. 5639
(3)(a) Upon findings of fact supporting the need therefor, 5640
the department board may grant a limited nonrenewable 5641
registration to a contractor not domiciled in the state, for one 5642
project. During the period of such registration the department 5643
board may require compliance with this and any other statute of 5644
the state. 5645
(4)(a)1. A person whose job scope does not substantially 5646
correspond to either the job scope of one of the contractor 5647
categories defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o), 5648
or the job scope of one of the certified specialty contractor 5649
categories established by department board rule, is not required 5650

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to register with the department board. A local government, as 5651
defined in s. 163.211, may not require a person to obtain a 5652
license, issued by the local government or the state, for a job 5653
scope which does not substantially correspond to the job scope 5654
of one of the contractor categories defined in s. 489.105(2)(a)-5655
(o) and (q) s. 489.105(3)(a)-(o) and (q) or authorized in s. 5656
489.1455(1), or the job scope of one of the certified specialty 5657
contractor categories established pursuant to s. 489.113(6). A 5658
local government may not require a state or local license to 5659
obtain a permit for such job scopes. For purposes of this 5660
section, job scopes for which a local government may not require 5661
a license include, but are not limited to, painting; flooring; 5662
cabinetry; interior remodeling when the scope of the project 5663
does not include a task for which a state license is required; 5664
driveway or tennis court installation; handyman services; 5665
decorative stone, tile, marble, granite, or terrazzo 5666
installation; plastering; pressure washing; stuccoing; caulking; 5667
and canvas awning and ornamental iron installation. 5668
2. A county that includes an area designated as an area of 5669
critical state concern under s. 380.05 may offer a license for 5670
any job scope which requires a contractor license under this 5671
part if the county imposed such a licensing requirement before 5672
January 1, 2021. 5673
3. A local government may continue to offer a license for 5674
veneer, including aluminum or vinyl gutters, siding, soffit, or 5675

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fascia; rooftop painting, coating, and cleaning above three 5676
stories in height; or fence installation and erection if the 5677
local government imposed such a licensing requirement before 5678
January 1, 2021. 5679
4. A local government may not require a license as a 5680
prerequisite to submit a bid for public works projects if the 5681
work to be performed does not require a license under general 5682
law. 5683
(b) The local jurisdictions are responsible for providing 5684
the following information to the department board within 30 days 5685
after licensure of, or any disciplinary action against, a 5686
locally licensed contractor who is registered under this part: 5687
1. Licensure information. 5688
2. Code violation information pursuant to s. 553.781. 5689
3. Disciplinary information. 5690
5691
The department board shall maintain such licensure and 5692
disciplinary information as it is provided to the department 5693
board and shall make the information available through the 5694
automated information system provided pursuant to s. 455.2286. 5695
(c) Providing discipline to such locally licensed 5696
contractors is the responsibility of the local jurisdiction. 5697
(d) Any person who is not required to obtain registration 5698
or certification pursuant to s. 489.105(2)(d)-(o) s. 5699
489.105(3)(d)-(o) may perform contracting services for the 5700

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construction, remodeling, repair, or improvement of single-5701
family residences, including a townhouse as defined in the 5702
Florida Building Code, without obtaining a local license if such 5703
person is under the supervision of a certified or registered 5704
general, building, or residential contractor. As used in this 5705
paragraph, supervision may shall not be deemed to require the 5706
existence of a direct contract between the certified or 5707
registered general, building, or residential contractor and the 5708
person performing specialty contracting services. 5709
(e) Any person who is not certified or registered may 5710
perform the work of a specialty contractor whose scope of 5711
practice is limited to the type of work specified under s. 5712
489.105(2)(j), (k), or (l) s. 489.105(3)(j), (k), or (l) for the 5713
construction, remodeling, repair, or improvement of commercial 5714
or residential swimming pools, interactive water features as 5715
defined in the Florida Building Code, hot tubs, and spas without 5716
obtaining a local license or certification as a specialty 5717
contractor if he or she is supervised by a contractor who is 5718
certified or registered under s. 489.105(2)(j), (k), or (l) s. 5719
489.105(3)(j), (k), or (l); the work is within the scope of the 5720
supervising contractor's license; the supervising contractor is 5721
responsible for the work; and the work does not require 5722
certification or registration under s. 489.105(2)(d)-(i), (m)-5723
(o) s. 489.105(3)(d)-(i), (m)-(o), or s. 489.505. Such 5724
supervision does not require a direct contract between the 5725

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contractor certified or registered under s. 489.105(2)(j), (k), 5726
or (l) s. 489.105(3)(j), (k), or (l) and the person performing 5727
the work, or for the person performing the work to be an 5728
employee of the contractor certified or registered under s. 5729
489.105(2)(j), (k), or (l) s. 489.105(3)(j), (k), or (l). This 5730
paragraph does not limit the exemptions provided in s. 489.103 5731
and may not be construed to expand the scope of a contractor 5732
certified or registered under s. 489.105(2)(j), (k), or (l) s. 5733
489.105(3)(j), (k), or (l) to provide plumbing or electrical 5734
services for which certification or registration is required by 5735
this part or part II. 5736
Section 187. Section 489.118, Florida Statutes, is amended 5737
to read: 5738
489.118 Certification of registered contractors; 5739
grandfathering provisions.—The department board shall, upon 5740
receipt of a completed application and appropriate fee, issue a 5741
certificate in the appropriate category to any contractor 5742
registered under this part who makes application to the 5743
department board and can show that he or she meets each of the 5744
following requirements: 5745
(1) Currently holds a valid registered local license in 5746
one of the contractor categories defined in s. 489.105(3)(a)-(p) 5747
s. 489.105(3)(a)-(p). 5748
(2) Has, for that category, passed a written examination 5749
that the department board finds to be substantially similar to 5750

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the examination required to be licensed as a certified 5751
contractor under this part. For purposes of this subsection, a 5752
written, proctored examination such as that produced by the 5753
National Assessment Institute, Block and Associates, NAI/Block, 5754
Experior Assessments, Professional Testing, Inc., or Assessment 5755
Systems, Inc., shall be considered to be substantially similar 5756
to the examination required to be licensed as a certified 5757
contractor. The department board may not impose or make any 5758
requirements regarding the nature or content of these cited 5759
examinations. 5760
(3) Has at least 5 years of experience as a contractor in 5761
that contracting category, or as an inspector or building 5762
administrator with oversight over that category, at the time of 5763
application. For contractors, only time periods in which the 5764
contractor license is active and the contractor is not on 5765
probation shall count toward the 5 years required by this 5766
subsection. 5767
(4) Has not had his or her contractor's license revoked at 5768
any time, had his or her contractor's license suspended within 5769
the last 5 years, or been assessed a fine in excess of $500 5770
within the last 5 years. 5771
(5) Is in compliance with the insurance and financial 5772
responsibility requirements in s. 489.115(5). 5773
Section 188. Paragraphs (b), (c), and (e) of subsection 5774
(2), paragraph (a) of subsection (3), paragraphs (a), (b), and 5775

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(e) of subsection (5), subsection (6), and paragraph (b) of 5776
subsection (7) of section 489.119, Florida Statutes, are amended 5777
to read: 5778
489.119 Business organizations; qualifying agents.— 5779
(2) If the applicant proposes to engage in contracting as 5780
a business organization, including any partnership, corporation, 5781
business trust, or other legal entity, or in any name other than 5782
the applicant's legal name or a fictitious name where the 5783
applicant is doing business as a sole proprietorship, the 5784
applicant must apply for registration or certification as the 5785
qualifying agent of the business organization. 5786
(b)1. An application for registration or certification to 5787
qualify a business organization must include an affidavit on a 5788
form provided by the department board attesting that the 5789
applicant has final approval authority for all construction work 5790
performed by the business organization and that the applicant 5791
has final approval authority on all business matters, including 5792
contracts, specifications, checks, drafts, or payments, 5793
regardless of the form of payment, made by the business 5794
organization, except where a financially responsible officer is 5795
approved. 5796
2. The application for financially responsible officer 5797
must include an affidavit on a form provided by the department 5798
board attesting that the applicant's approval is required for 5799
all checks, drafts, or payments, regardless of the form of 5800

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payment, made by the business organization and that the 5801
applicant has authority to act for the business organization in 5802
all financial matters. 5803
3. The application for secondary qualifying agent must 5804
include an affidavit on a form provided by the department board 5805
attesting that the applicant has authority to supervise all 5806
construction work performed by the business organization as 5807
provided in s. 489.1195(2). 5808
(c) The department board may deny an application for 5809
registration or certification to qualify a business organization 5810
if the applicant, or any person listed in paragraph (a), has 5811
been involved in past disciplinary actions or on any grounds for 5812
which an individual registration or certification may be denied. 5813
(e) A joint venture, including a joint venture composed of 5814
qualified business organizations, is itself a separate and 5815
distinct organization that must be qualified in accordance with 5816
department board rules. 5817
(3)(a) A qualifying agent must be certified or registered 5818
under this part in order for the business organization to 5819
operate in the category of contracting in which the qualifying 5820
agent is certified or registered. If any qualifying agent ceases 5821
to be affiliated with a business organization, he or she shall 5822
inform the department. In addition, if the qualifying agent is 5823
the only certified or registered contractor affiliated with the 5824
business organization, the business organization shall notify 5825

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the department of the termination of the qualifying agent and 5826
shall have 60 days from the termination of the qualifying 5827
agent's affiliation with the business organization in which to 5828
employ another qualifying agent. The business organization may 5829
not engage in contracting until a qualifying agent is employed, 5830
unless the department executive director or chair of the board 5831
has granted a temporary nonrenewable certificate or registration 5832
to the financially responsible officer, the president, a 5833
partner, or, in the case of a limited partnership, the general 5834
partner, who assumes all responsibilities of a primary 5835
qualifying agent for the business organization. This temporary 5836
certificate or registration shall only allow the business 5837
organization to proceed with incomplete contracts. For the 5838
purposes of this paragraph, an incomplete contract is one which 5839
has been awarded to, or entered into by, the business 5840
organization before prior to the cessation of affiliation of the 5841
qualifying agent with the business organization or one on which 5842
the business organization was the low bidder and the contract is 5843
subsequently awarded, regardless of whether any actual work has 5844
commenced under the contract before prior to the qualifying 5845
agent ceasing to be affiliated with the business organization. 5846
(5)(a) Each registered or certified contractor shall affix 5847
the number of his or her registration or certification to each 5848
application for a building permit and on each building permit 5849
issued and recorded. Each city or county building department 5850

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shall require, as a precondition for the issuance of the 5851
building permit, that the contractor taking out the permit must 5852
provide verification giving his or her department Construction 5853
Industry Licensing Board registration or certification number. 5854
(b) The registration or certification number of each 5855
contractor shall appear in each offer of services, business 5856
proposal, bid, contract, or advertisement, regardless of medium, 5857
as defined by department board rule, used by that contractor or 5858
business organization in the practice of contracting. 5859
(e) The department board shall issue a notice of 5860
noncompliance for the first offense, and may assess a fine or 5861
issue a citation for failure to correct the offense within 30 5862
days or for any subsequent offense, to any contractor or 5863
business organization that fails to include the certification or 5864
registration number as required by this part when submitting an 5865
advertisement for publication, broadcast, or printing or fails 5866
to display the certification or registration number as required 5867
by this part. 5868
(6) Each qualifying agent shall pay the department an 5869
amount equal to the original fee for registration or 5870
certification to qualify a new business organization. If the 5871
qualifying agent for a business organization desires to qualify 5872
additional business organizations, the department board shall 5873
require the qualifying agent to present evidence of his or her 5874
ability to supervise the construction activities of each such 5875

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organization. Approval of each business organization is 5876
discretionary with the department board. 5877
(7) 5878
(b) Any business organization engaging in contracting 5879
under this subsection shall provide the department board with 5880
the name and license number of each registered or certified 5881
contractor employed by the business organization to supervise 5882
its contracting activities. The business organization is not 5883
required to post a bond or otherwise evidence any financial or 5884
credit information except as necessary to demonstrate compliance 5885
with paragraph (a). 5886
Section 189. Paragraphs (b) and (d) of subsection (1), 5887
paragraphs (a) and (b) of subsection (2), and paragraphs (a) and 5888
(b) of subsection (3) of section 489.1195, Florida Statutes, are 5889
amended to read: 5890
489.1195 Responsibilities.— 5891
(1) A qualifying agent is a primary qualifying agent 5892
unless he or she is a secondary qualifying agent under this 5893
section. 5894
(b) Upon approval by the department board, a business 5895
entity may designate a financially responsible officer for 5896
purposes of certification or registration. A financially 5897
responsible officer shall be responsible for all financial 5898
aspects of the business organization and may not be designated 5899
as the primary qualifying agent. The designated financially 5900

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responsible officer shall furnish evidence of the financial 5901
responsibility, credit, and business reputation of either 5902
himself or herself, or the business organization he or she 5903
desires to qualify, as determined appropriate by the department 5904
board. 5905
(d) The department board shall adopt rules prescribing the 5906
qualifications for financially responsible officers, including 5907
net worth, cash, and bonding requirements. These qualifications 5908
must be at least as extensive as the requirements for the 5909
financial responsibility of qualifying agents. 5910
(2)(a) One of the qualifying agents for a business 5911
organization that has more than one qualifying agent may be 5912
designated as the sole primary qualifying agent for the business 5913
organization by a joint agreement that is executed, on a form 5914
provided by the department board, by all qualifying agents for 5915
the business organization. 5916
(b) The joint agreement must be submitted to the 5917
department board for approval. If the department board 5918
determines that the joint agreement is in good order, it shall 5919
approve the designation and immediately notify the qualifying 5920
agents of such approval. The designation made by the joint 5921
agreement is effective upon receipt of the notice by the 5922
qualifying agents. 5923
(3)(a) A qualifying agent who has been designated by a 5924
joint agreement as the sole primary qualifying agent for a 5925

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business organization may terminate this status as such by 5926
giving actual notice to the business organization, to the 5927
department board, and to all secondary qualifying agents of his 5928
or her intention to terminate this status. The notice to the 5929
department board must include proof satisfactory to the 5930
department board that he or she has given the notice required in 5931
this paragraph. 5932
(b) The status of the qualifying agent shall cease upon 5933
the designation of a new primary qualifying agent or 60 days 5934
after satisfactory notice of termination has been provided to 5935
the department board, whichever first occurs. 5936
Section 190. Section 489.121, Florida Statutes, is amended 5937
to read: 5938
489.121 Emergency registration upon death of contractor.—5939
If an incomplete contract exists at the time of death of a 5940
contractor, the contract may be completed by any person even 5941
though not certified or registered. Such person shall notify the 5942
department board, within 30 days after the death of the 5943
contractor, of his or her name and address, knowledge of the 5944
contract, and ability to complete it. If the department board 5945
approves, he or she may proceed with the contract. For purposes 5946
of this section, an incomplete contract is one which has been 5947
awarded to, or entered into by, the contractor before his or her 5948
death, or on which he or she was the low bidder and the contract 5949
is subsequently awarded to him or her, regardless of whether any 5950

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actual work has commenced under the contract before the 5951
contractor's death. 5952
Section 191. Subsection (1) of section 489.126, Florida 5953
Statutes, is amended to read: 5954
489.126 Moneys received by contractors.— 5955
(1) For purposes of this section, the term "contractor" 5956
includes all definitions as set forth in s. 489.105(2) s. 5957
489.105(3), and any person performing or contracting or 5958
promising to perform work described therein, without regard to 5959
the licensure of the person. 5960
Section 192. Subsection (6) of section 489.127, Florida 5961
Statutes, is amended to read: 5962
489.127 Prohibitions; penalties.— 5963
(6) Local building departments may collect outstanding 5964
fines against registered or certified contractors issued by the 5965
department Construction Industry Licensing Board and may retain 5966
75 percent of the fines they are able to collect, provided that 5967
they transmit 25 percent of the fines they are able to collect 5968
to the department according to a procedure to be determined by 5969
the department. 5970
Section 193. Section 489.129, Florida Statutes, is amended 5971
to read: 5972
489.129 Disciplinary proceedings.— 5973
(1) The department board may take any of the following 5974
actions against any certificateholder or registrant: place on 5975

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probation or reprimand the licensee, revoke, suspend, or deny 5976
the issuance or renewal of the certificate or registration, 5977
require financial restitution to a consumer for financial harm 5978
directly related to a violation of a provision of this part, 5979
impose an administrative fine not to exceed $10,000 per 5980
violation, require continuing education, or assess costs 5981
associated with investigation and prosecution, if the 5982
contractor, financially responsible officer, or business 5983
organization for which the contractor is a primary qualifying 5984
agent, a financially responsible officer, or a secondary 5985
qualifying agent responsible under s. 489.1195 is found guilty 5986
of any of the following acts: 5987
(a) Obtaining a certificate or registration by fraud or 5988
misrepresentation. 5989
(b) Being convicted or found guilty of, or entering a plea 5990
of nolo contendere to, regardless of adjudication, a crime in 5991
any jurisdiction which directly relates to the practice of 5992
contracting or the ability to practice contracting. 5993
(c) Violating any provision of chapter 455. 5994
(d) Performing any act which assists a person or entity in 5995
engaging in the prohibited uncertified and unregistered practice 5996
of contracting, if the certificateholder or registrant knows or 5997
has reasonable grounds to know that the person or entity was 5998
uncertified and unregistered. 5999
(e) Knowingly combining or conspiring with an uncertified 6000

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or unregistered person by allowing his or her certificate or 6001
registration to be used by the uncertified or unregistered 6002
person with intent to evade the provisions of this part. When a 6003
certificateholder or registrant allows his or her certificate or 6004
registration to be used by one or more business organizations 6005
without having any active participation in the operations, 6006
management, or control of such business organizations, such act 6007
constitutes prima facie evidence of an intent to evade the 6008
provisions of this part. 6009
(f) Acting in the capacity of a contractor under any 6010
certificate or registration issued hereunder except in the name 6011
of the certificateholder or registrant as set forth on the 6012
issued certificate or registration, or in accordance with the 6013
personnel of the certificateholder or registrant as set forth in 6014
the application for the certificate or registration, or as later 6015
changed as provided in this part. 6016
(g) Committing mismanagement or misconduct in the practice 6017
of contracting that causes financial harm to a customer. 6018
Financial mismanagement or misconduct occurs when: 6019
1. Valid liens have been recorded against the property of 6020
a contractor's customer for supplies or services ordered by the 6021
contractor for the customer's job; the contractor has received 6022
funds from the customer to pay for the supplies or services; and 6023
the contractor has not had the liens removed from the property, 6024
by payment or by bond, within 75 days after the date of such 6025

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liens; 6026
2. The contractor has abandoned a customer's job and the 6027
percentage of completion is less than the percentage of the 6028
total contract price paid to the contractor as of the time of 6029
abandonment, unless the contractor is entitled to retain such 6030
funds under the terms of the contract or refunds the excess 6031
funds within 30 days after the date the job is abandoned; or 6032
3. The contractor's job has been completed, and it is 6033
shown that the customer has had to pay more for the contracted 6034
job than the original contract price, as adjusted for subsequent 6035
change orders, unless such increase in cost was the result of 6036
circumstances beyond the control of the contractor, was the 6037
result of circumstances caused by the customer, or was otherwise 6038
permitted by the terms of the contract between the contractor 6039
and the customer. 6040
(h) Being disciplined by any municipality or county for an 6041
act or violation of this part. 6042
(i) Failing in any material respect to comply with the 6043
provisions of this part or violating a rule or lawful order of 6044
the department board. 6045
(j) Abandoning a construction project in which the 6046
contractor is engaged or under contract as a contractor. A 6047
project may be presumed abandoned after 90 days if the 6048
contractor terminates the project without just cause or without 6049
proper notification to the owner, including the reason for 6050

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termination, or fails to perform work without just cause for 90 6051
consecutive days. 6052
(k) Signing a statement with respect to a project or 6053
contract falsely indicating that the work is bonded; falsely 6054
indicating that payment has been made for all subcontracted 6055
work, labor, and materials which results in a financial loss to 6056
the owner, purchaser, or contractor; or falsely indicating that 6057
workers' compensation and public liability insurance are 6058
provided. 6059
(l) Committing fraud or deceit in the practice of 6060
contracting. 6061
(m) Committing incompetency or misconduct in the practice 6062
of contracting. 6063
(n) Committing gross negligence, repeated negligence, or 6064
negligence resulting in a significant danger to life or 6065
property. 6066
(o) Proceeding on any job without obtaining applicable 6067
local building department permits and inspections. 6068
(p) Intimidating, threatening, coercing, or otherwise 6069
discouraging the service of a notice to owner under part I of 6070
chapter 713 or a notice to contractor under chapter 255 or part 6071
I of chapter 713. 6072
(q) Failing to satisfy within a reasonable time, the terms 6073
of a civil judgment obtained against the licensee, or the 6074
business organization qualified by the licensee, relating to the 6075

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practice of the licensee's profession. 6076
(r) Committing misapplication of construction funds in 6077
violation of s. 713.345. If a contractor, subcontractor, sub-6078
subcontractor, or other person licensed by the department board 6079
under this chapter is convicted of misapplication of 6080
construction funds, the department board must suspend all 6081
licenses issued to such licensee under this chapter for a 6082
minimum of 1 year from the date of conviction. The suspension 6083
required under this paragraph is not exclusive, and the 6084
department board may impose any additional penalties set forth 6085
in this subsection. 6086
6087
For the purposes of this subsection, construction is considered 6088
to be commenced when the contract is executed and the contractor 6089
has accepted funds from the customer or lender. A contractor 6090
does not commit a violation of this subsection when the 6091
contractor relies on a building code interpretation rendered by 6092
a building official or person authorized by s. 553.80 to enforce 6093
the building code, absent a finding of fraud or deceit in the 6094
practice of contracting, or gross negligence, repeated 6095
negligence, or negligence resulting in a significant danger to 6096
life or property on the part of the building official, in a 6097
proceeding under chapter 120. 6098
(2) If a registrant or certificateholder disciplined under 6099
subsection (1) is a qualifying agent or financially responsible 6100

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officer for a business organization and the violation was 6101
performed in connection with a construction project undertaken 6102
by that business organization, the department board may impose 6103
an additional administrative fine not to exceed $5,000 per 6104
violation against the business organization or against any 6105
partner, officer, director, trustee, or member if such person 6106
participated in the violation or knew or should have known of 6107
the violation and failed to take reasonable corrective action. 6108
(3) The department board may specify by rule the acts or 6109
omissions which constitute violations of this section. 6110
(4) In recommending penalties in any proposed recommended 6111
final order, the department shall follow the penalty guidelines 6112
established by the department board by rule. The department 6113
shall advise the administrative law judge of the appropriate 6114
penalty, including mitigating and aggravating circumstances, and 6115
the specific rule citation. 6116
(5) The department board may not reinstate the 6117
certification or registration of, or cause a certificate or 6118
registration to be issued to, a person who or business 6119
organization which the department board has determined is 6120
unqualified or whose certificate or registration the department 6121
board has suspended until it is satisfied that such person or 6122
business organization has complied with all the terms and 6123
conditions set forth in the final order and is capable of 6124
competently engaging in the business of contracting. 6125

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(6)(a) The department board may assess interest or 6126
penalties on all fines imposed under this chapter against any 6127
person or business organization which has not paid the imposed 6128
fine by the due date established by rule or final order. The 6129
provisions of chapter 120 do not apply to such assessment. 6130
Interest rates to be imposed shall be established by rule and 6131
may shall not be usurious. 6132
(b) Venue for all actions to enforce any fine levied by 6133
the department board shall be in Duval County. The department 6134
board is authorized to enter into contracts with private 6135
businesses or attorneys to collect such fines with payment for 6136
such collections made on a contingent fee basis. All such 6137
contracts shall be publicly advertised and competitively awarded 6138
based upon responses submitted to a request for proposals 6139
developed by the department board. 6140
(7) The department may board shall not issue or renew a 6141
certificate or registration to any person or business 6142
organization that has been assessed a fine, interest, or costs 6143
associated with investigation and prosecution, or has been 6144
ordered to pay restitution, until such fine, interest, or costs 6145
associated with investigation and prosecution or restitution are 6146
paid in full or until all terms and conditions of the final 6147
order have been satisfied. 6148
(8) If the department board finds any certified or 6149
registered contractor guilty of a violation, the department 6150

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board may, as part of its disciplinary action, require such 6151
contractor to obtain continuing education in the areas of 6152
contracting affected by such violation. 6153
(9) Any person certified or registered pursuant to this 6154
part who has had his or her license revoked may shall not be 6155
eligible to be a partner, officer, director, or trustee of a 6156
business organization defined by this section or be employed in 6157
a managerial or supervisory capacity for a 5-year period. Such 6158
person shall also be ineligible to reapply for certification or 6159
registration under this part for a period of 5 years after the 6160
effective date of the revocation. 6161
(10) If a business organization or any of its partners, 6162
officers, directors, trustees, or members is or has previously 6163
been fined for violating subsection (2) or s. 489.132, the board 6164
may, on that basis alone, revoke, suspend, place on probation, 6165
or deny issuance of a certificate or registration to a 6166
qualifying agent or financially responsible officer of that 6167
business organization. 6168
(11)(a) Notwithstanding the provisions of chapters 120 and 6169
455, upon receipt of a legally sufficient consumer complaint 6170
alleging a violation of this part, the department may provide by 6171
rule for binding arbitration between the complainant and the 6172
certificateholder or registrant, provided the following 6173
conditions exist: 6174
1. There is evidence that the complainant has suffered or 6175

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is likely to suffer monetary damages resulting from the 6176
violation of this part; 6177
2. The certificateholder or registrant does not have a 6178
history of repeated or similar violations; 6179
3. Reasonable grounds exist to believe that the public 6180
interest will be better served by arbitration than by 6181
disciplinary action; and 6182
4. The complainant and certificateholder or registrant 6183
have not previously entered into private arbitration, and no 6184
civil court action based on the same transaction has been filed. 6185
(b) The certificateholder or registrant and the 6186
complainant may consent in writing to binding arbitration within 6187
15 days following notification of this process by the 6188
department. The department may suspend all action in the matter 6189
for 45 days when notice of consent to binding arbitration is 6190
received by the department. If the arbitration process is 6191
successfully concluded within the 60-day period, the department 6192
may close the case file with a notation of the disposition and 6193
the licensee's record shall reflect only that a complaint was 6194
filed and resolved through arbitration. 6195
(c) Where a complaint meets the criteria for arbitration 6196
set forth in paragraph (a) and the damages at issue are less 6197
than $2,500, the department shall refer the complaint for 6198
mandatory arbitration. 6199
(d) The arbitrator's order shall become a final order of 6200

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the department board if not challenged by the complainant or the 6201
certificateholder or registrant within 30 days after filing. The 6202
department's board's review of the arbitrator's order shall 6203
operate in the manner of the review of recommended orders 6204
pursuant to s. 120.57(1) and may shall not be a de novo review. 6205
(12) When an investigation of a contractor is undertaken, 6206
the department shall promptly furnish to the contractor or the 6207
contractor's attorney a copy of the complaint or document that 6208
resulted in the initiation of the investigation. The department 6209
shall make the complaint and supporting documents available to 6210
the contractor. The complaint or supporting documents shall 6211
contain information regarding the specific facts that serve as 6212
the basis for the complaint. The contractor may submit a written 6213
response to the information contained in such complaint or 6214
document within 20 days after service to the contractor of the 6215
complaint or document. The contractor's written response shall 6216
be considered by the probable cause panel. The right to respond 6217
does not prohibit the issuance of a summary emergency order if 6218
necessary to protect the public. However, if the department 6219
decides secretary, or the secretary's designee, and the chair of 6220
the board or the chair of the probable cause panel agree in 6221
writing that such notification would be detrimental to the 6222
investigation, the department may withhold notification. The 6223
department may conduct an investigation without notification to 6224
a contractor if the act under investigation is a criminal 6225

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offense. 6226
Section 194. Paragraphs (c) and (f) of subsection (3), 6227
paragraphs (b) and (c) of subsection (6), paragraphs (c), (d), 6228
(e), and (f) of subsection (7), and subsections (10), (11), and 6229
(12) of section 489.131, Florida Statutes, are amended to read: 6230
489.131 Applicability.— 6231
(3) Nothing in this part limits the power of a 6232
municipality or county: 6233
(c) To collect business taxes, subject to s. 205.065, and 6234
inspection fees for engaging in contracting or examination fees 6235
from persons who are registered with the department board 6236
pursuant to local examination requirements and issue business 6237
tax receipts. However, nothing in this part shall be construed 6238
to require general contractors, building contractors, or 6239
residential contractors to obtain additional business tax 6240
receipts for specialty work when such specialty work is 6241
performed by employees of such contractors on projects for which 6242
they have substantially full responsibility and such contractors 6243
do not hold themselves out to the public as being specialty 6244
contractors. 6245
(f) To refuse to issue permits or issue permits with 6246
specific conditions to a contractor who has committed multiple 6247
violations, when he or she has been disciplined for each of them 6248
by the department board and when each disciplinary action has 6249
involved revocation or suspension of a license, imposition of an 6250

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administrative fine of at least $1,000, or probation; or to 6251
issue permits with specific conditions to a contractor who, 6252
within the previous 12 months, has had disciplinary action other 6253
than a citation or letter of guidance taken against him or her 6254
by the department or by a local board or agency which licenses 6255
contractors and has reported the action pursuant to paragraph 6256
(6)(c), for engaging in the business or acting in the capacity 6257
of a contractor without a license. However, this subsection does 6258
not supersede the provisions of s. 489.113(4), and no county or 6259
municipality may require any certificateholder to obtain a local 6260
professional license or pay a local professional license fee as 6261
a condition of performing any services within the scope of the 6262
certificateholder's statewide license as established under this 6263
part. 6264
(6) 6265
(b) To engage in contracting in the territorial area, an 6266
applicant shall also be registered with the department board, as 6267
required by s. 489.117. 6268
(c) Each local board or agency that licenses contractors 6269
must transmit quarterly to the department board a report of any 6270
disciplinary action taken against contractors and of any 6271
administrative or disciplinary action taken against unlicensed 6272
persons for engaging in the business or acting in the capacity 6273
of a contractor including any cease and desist orders issued 6274
pursuant to s. 489.113(2)(b) and any fine issued pursuant to s. 6275

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489.127(5). 6276
(7) 6277
(c) In addition to any action the local jurisdiction 6278
enforcement body may take against the individual's local 6279
license, and any fine the local jurisdiction may impose, the 6280
local jurisdiction enforcement body shall issue a recommended 6281
penalty for department board action. This recommended penalty 6282
may include a recommendation for no further action, or a 6283
recommendation for suspension, restitution, revocation, or 6284
restriction of the registration, or a fine to be levied by the 6285
department board, or a combination thereof. The recommended 6286
penalty must specify the violations of this chapter upon which 6287
the recommendation is based. The local jurisdiction enforcement 6288
body shall inform the disciplined contractor and the complainant 6289
of the local license penalty imposed, the department board 6290
penalty recommended, his or her rights to appeal, and the 6291
consequences should he or she decide not to appeal. The local 6292
jurisdiction enforcement body shall, upon having reached 6293
adjudication or having accepted a plea of nolo contendere, 6294
immediately inform the department board of its action and the 6295
recommended department board penalty. 6296
(d) The department, the disciplined contractor, or the 6297
complainant may challenge the local jurisdiction enforcement 6298
body's recommended penalty for department board action to the 6299
department Construction Industry Licensing Board. A challenge 6300

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shall be filed within 60 days after the issuance of the 6301
recommended penalty to the department board. If challenged, 6302
there is a presumptive finding of probable cause and the case 6303
may proceed without the need for a probable cause hearing. 6304
(e) Failure of the department, the disciplined contractor, 6305
or the complainant to challenge the local jurisdiction's 6306
recommended penalty within the time period set forth in this 6307
subsection shall constitute a waiver of the right to a hearing 6308
before the department board. A waiver of the right to a hearing 6309
before the department board shall be deemed an admission of the 6310
violation, and the penalty recommended shall become a final 6311
order according to procedures developed by department board rule 6312
without further department board action. The disciplined 6313
contractor may appeal this department board action to the 6314
district court. 6315
(f)1. The department may investigate any complaint which 6316
is made with the department. However, the department may not 6317
initiate or pursue any complaint against a registered contractor 6318
who is not also a certified contractor where a local 6319
jurisdiction enforcement body has jurisdiction over the 6320
complaint, unless summary procedures are initiated by the 6321
department secretary pursuant to s. 455.225(8), or unless the 6322
local jurisdiction enforcement body has failed to investigate 6323
and prosecute a complaint, or make a finding of no violation, 6324
within 6 months of receiving the complaint. The department shall 6325

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refer the complaint to the local jurisdiction enforcement body 6326
for investigation, and if appropriate, prosecution. However, the 6327
department may investigate such complaints to the extent 6328
necessary to determine whether summary procedures should be 6329
initiated. 6330
2. Upon a recommendation by the department, the department 6331
board may make conditional, suspend, or rescind its 6332
determination of the adequacy of the local government 6333
enforcement body's disciplinary procedures granted under s. 6334
489.117(2). 6335
(10) No municipal or county government may issue any 6336
certificate of competency or license for any contractor defined 6337
in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o) after July 1, 1993, 6338
unless such local government exercises disciplinary control and 6339
oversight over such locally licensed contractors, including 6340
forwarding a recommended order in each action to the department 6341
board as provided in subsection (7). Each local board that 6342
licenses and disciplines contractors must have at least two 6343
consumer representatives on that board. If the local board has 6344
seven or more members, at least three of those members must be 6345
consumer representatives. The consumer representative may be any 6346
resident of the local jurisdiction who is not, and has never 6347
been, a contractor member or practitioner of a profession 6348
regulated by the board or a member of any closely related 6349
profession. 6350

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(11) Any municipal or county government which enters or 6351
has in place a reciprocal agreement which accepts a certificate 6352
of competency or license issued by another municipal or county 6353
government in lieu of its own certificate of competency or 6354
license allowing contractors defined in s. 489.105(2)(a)-(o) s. 6355
489.105(3)(a)-(o), shall file a certified copy of such agreement 6356
with the department board not later than 60 days after July 1, 6357
1993, or 30 days after the effective date of such agreement. 6358
(12) Unless specifically provided, the provisions of this 6359
part does shall not be construed to create a civil cause of 6360
action. 6361
Section 195. Subsection (5) of section 489.132, Florida 6362
Statutes, is amended to read: 6363
489.132 Prohibited acts by unlicensed principals; 6364
investigation; hearing; penalties.— 6365
(5) The department may suspend, revoke, or deny issuance 6366
or renewal of a certificate or registration for any individual 6367
or business organization that associates a person as an officer, 6368
director, or partner, or in a managerial or supervisory 6369
capacity, after such person has been found under a final order 6370
to have violated this section or was an officer, director, 6371
partner, trustee, or manager of a business organization 6372
disciplined by the department board by revocation, suspension, 6373
or fine in excess of $2,500, upon finding reasonable cause that 6374
such person knew or reasonably should have known of the conduct 6375

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leading to the discipline. 6376
Section 196. Subsections (2) and (4) of section 489.133, 6377
Florida Statutes, are amended to read: 6378
489.133 Pollutant storage systems specialty contractors; 6379
definitions; certification; restrictions.— 6380
(2) The department board shall adopt rules providing 6381
standards for registration of precision tank testers who 6382
precision test a pollutant storage tank. The Department of 6383
Environmental Protection shall approve the methodology, 6384
procedures, and equipment used and shall approve the applicant 6385
as being eligible for registration as a registered precision 6386
tank tester. A registered precision tank tester is subject to 6387
the provisions of ss. 489.129 and 489.132 and is considered a 6388
contractor operating as a primary qualifying agent for the 6389
business entity employing him or her, which is considered a 6390
contracting firm for the purposes of ss. 489.129 and 489.132. A 6391
person who registers under this subsection is exempt from 6392
municipal, county, or development district registration under s. 6393
489.117 and may operate as a precision tank tester statewide. 6394
(4) The department board shall adopt rules providing 6395
standards for certification of pollutant storage systems 6396
specialty contractors, including persons who remove such 6397
systems. The department board shall provide the proposed rules 6398
to the Department of Environmental Protection for review and 6399
comment before prior to adoption. The rules shall include, but 6400

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not be limited to: 6401
(a) Standards for operating as a pollutant storage systems 6402
specialty contractor. 6403
(b) Requirements for certification as a pollutant storage 6404
systems specialty contractor. 6405
(c) Requirements for certification without examination of 6406
pollutant storage systems specialty contractors for any person 6407
who has passed a local licensure examination, a licensure 6408
examination in another state, or a licensure examination of a 6409
national organization, which is at least as stringent as the 6410
examination adopted by the department board. 6411
Section 197. Subsections (1) and (2) of section 489.1401, 6412
Florida Statutes, are amended to read: 6413
489.1401 Legislative intent.— 6414
(1) It is the intent of the Legislature that actions taken 6415
by the department Construction Industry Licensing Board with 6416
respect to contractor sanctions and pursuant to this chapter are 6417
an exercise of the department's regulatory power for the 6418
protection of public safety and welfare. 6419
(2) It is the intent of the Legislature that the sole 6420
purpose of the Florida Homeowners' Construction Recovery Fund is 6421
to compensate an aggrieved claimant who contracted for the 6422
construction or improvement of the homeowner's residence located 6423
within this state and who has obtained a final judgment in a 6424
court of competent jurisdiction, was awarded restitution by the 6425

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department Construction Industry Licensing Board, or received an 6426
award in arbitration against a licensee on grounds of financial 6427
mismanagement or misconduct, abandoning a construction project, 6428
or making a false statement with respect to a project. Such 6429
grievance must arise directly out of a transaction conducted 6430
when the judgment debtor was licensed and must involve an act 6431
enumerated in s. 489.129(1)(g), (j), or (k). 6432
Section 198. Paragraphs (c) through (l) of subsection (1) 6433
of section 489.1402, Florida Statutes, are redesignated as 6434
paragraphs (b) through (k), respectively, and paragraph (b) and 6435
present paragraph (d) of that subsection are amended, to read: 6436
489.1402 Homeowners' Construction Recovery Fund; 6437
definitions.— 6438
(1) The following definitions apply to ss. 489.140-6439
489.144: 6440
(b) "Board" means the Construction Industry Licensing 6441
Board. 6442
(c)(d) "Contractor" means a Division I or Division II 6443
contractor performing his or her respective services described 6444
in s. 489.105(2) s. 489.105(3). 6445
Section 199. Paragraphs (a), (e), (f), and (g) of 6446
subsection (1), paragraph (f) of subsection (2), and subsection 6447
(3) of section 489.141, Florida Statutes, are amended to read: 6448
489.141 Conditions for recovery; eligibility.— 6449
(1) A claimant is eligible to seek recovery from the 6450

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recovery fund after making a claim and exhausting the limits of 6451
any available bond, cash bond, surety, guarantee, warranty, 6452
letter of credit, or policy of insurance if each of the 6453
following conditions is satisfied: 6454
(a) The claimant has received a final judgment in a court 6455
of competent jurisdiction in this state or has received an award 6456
in arbitration or the department Construction Industry Licensing 6457
Board has issued a final order directing the licensee to pay 6458
restitution to the claimant. The department board may waive this 6459
requirement if: 6460
1. The claimant is unable to secure a final judgment 6461
against the licensee due to the death of the licensee; or 6462
2. The claimant has sought to have assets involving the 6463
transaction that gave rise to the claim removed from the 6464
bankruptcy proceedings so that the matter might be heard in a 6465
court of competent jurisdiction in this state and, after due 6466
diligence, the claimant is precluded by action of the bankruptcy 6467
court from securing a final judgment against the licensee. 6468
(e) The contract was executed and the violation occurred 6469
on or after July 1, 1993, and provided that: 6470
1. The claimant has caused to be issued a writ of 6471
execution upon such judgment, and the officer executing the writ 6472
has made a return showing that no personal or real property of 6473
the judgment debtor or licensee liable to be levied upon in 6474
satisfaction of the judgment can be found or that the amount 6475

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realized on the sale of the judgment debtor's or licensee's 6476
property pursuant to such execution was insufficient to satisfy 6477
the judgment; 6478
2. If the claimant is unable to comply with subparagraph 6479
1. for a valid reason to be determined by the department board, 6480
the claimant has made all reasonable searches and inquiries to 6481
ascertain whether the judgment debtor or licensee is possessed 6482
of real or personal property or other assets subject to being 6483
sold or applied in satisfaction of the judgment and by his or 6484
her search has discovered no property or assets or has 6485
discovered property and assets and has taken all necessary 6486
action and proceedings for the application thereof to the 6487
judgment but the amount thereby realized was insufficient to 6488
satisfy the judgment; and 6489
3. The claimant has made a diligent attempt, as defined by 6490
department board rule, to collect the restitution awarded by the 6491
department board. 6492
(f) A claim for recovery is made within 1 year after the 6493
conclusion of any civil, criminal, or administrative action or 6494
award in arbitration based on the act. This paragraph applies to 6495
any claim filed with the department board after October 1, 1998. 6496
(g) Any amounts recovered by the claimant from the 6497
judgment debtor or licensee, or from any other source, have been 6498
applied to the damages awarded by the court or the amount of 6499
restitution ordered by the department board. 6500

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(2) A claimant is not qualified to make a claim for 6501
recovery from the recovery fund if: 6502
(f) The claimant had entered into a contract with a 6503
licensee to perform a scope of work described in s. 6504
489.105(2)(d)-(q) s. 489.105(3)(d)-(q) before July 1, 2016. 6505
(3) The department board may determine by rule 6506
documentation that is required to complete a claim. 6507
Section 200. Section 489.142, Florida Statutes, is amended 6508
to read: 6509
489.142 Department Board powers relating to recovery; 6510
conduct of hearings and service.— 6511
(1) With respect to actions for recovery from the recovery 6512
fund, the department board may intervene, enter an appearance, 6513
file an answer, defend the action, or take any action it deems 6514
appropriate and may take recourse through any appropriate method 6515
of review on behalf of the State of Florida. The department 6516
board may delegate to the department by rule the authority to 6517
close any case when a claimant is not qualified to make a claim 6518
for recovery from the recovery fund under s. 489.141(2); when 6519
after notice the claimant has failed to provide documentation in 6520
support of the claim as required by the department board; or 6521
when the licensee has reached the aggregate limit. 6522
(2) Notwithstanding any other provision of law, the 6523
department board shall cause a notice of hearing to be served 14 6524
days in advance of the hearing on the claimant and on the 6525

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licensee whose license is subject to suspension by s. 489.143. 6526
Each notice shall inform the recipient of any administrative 6527
hearing or judicial review that is available under s. 120.569, 6528
s. 120.57, or s. 120.68; shall indicate the procedure that must 6529
be followed to obtain the hearing or judicial review; and shall 6530
state the time limits that apply. Service of the notice on the 6531
licensee shall be made in accordance with s. 455.275. Service of 6532
the notice on the claimant shall be by regular United States 6533
mail at the address provided on the claim. The service of notice 6534
in accordance with this section is complete upon expiration of 6535
14 days after deposit in the United States mail. Proof of 6536
service of a notice shall be made by entry in the records of the 6537
department that the notice was given. The entry shall be 6538
admissible in judicial and administrative proceedings of this 6539
state and shall constitute sufficient proof that notice was 6540
given. 6541
(3) Notwithstanding any other provision of law, department 6542
board hearings on claims shall be conducted in accordance with 6543
ss. 120.569 and 120.57(2). All claim hearings shall be conducted 6544
at the department's board's regular meeting at the place, date, 6545
and time published. Orders of the department board denying or 6546
awarding funds to a claimant constitute final orders that may be 6547
appealed in accordance with s. 120.68. Orders awarding or 6548
denying claims shall be served in the same manner as notices of 6549
hearing in this section. 6550

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Section 201. Section 489.1425, Florida Statutes, is 6551
amended to read: 6552
489.1425 Duty of contractor to notify residential property 6553
owner of recovery fund.— 6554
(1) Each agreement or contract for repair, restoration, 6555
improvement, or construction to residential real property must 6556
contain a written statement explaining the consumer's rights 6557
under the recovery fund, except where the value of all labor and 6558
materials does not exceed $2,500. The written statement must be 6559
substantially in the following form: 6560
FLORIDA HOMEOWNERS' CONSTRUCTION 6561
RECOVERY FUND 6562
PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE 6563
FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY 6564
ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS 6565
FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED 6566
CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A 6567
CLAIM, CONTACT THE FLORIDA DEPARTMENT OF BUSINESS AND 6568
PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD AT 6569
THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 6570
The statement must shall be immediately followed by the 6571
department's board's address and telephone number as established 6572
by department board rule. 6573
(2)(a) Upon finding a first violation of subsection (1), 6574
the department board may fine the contractor up to $500, and the 6575

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moneys must be deposited into the recovery fund. 6576
(b) Upon finding a second or subsequent violation of 6577
subsection (1), the department board shall fine the contractor 6578
$1,000 per violation, and the moneys must be deposited into the 6579
recovery fund. 6580
Section 202. Subsections (1), (2), (4), and (6) of section 6581
489.143, Florida Statutes, are amended to read: 6582
489.143 Payment from the fund.— 6583
(1) The fund shall be disbursed as provided in s. 489.141 6584
on a final order of the department board. 6585
(2) A claimant who meets all of the conditions prescribed 6586
in s. 489.141 may apply to the department board to cause payment 6587
to be made to a claimant from the recovery fund in an amount 6588
equal to the judgment, award, or restitution order or $25,000, 6589
whichever is less, or an amount equal to the unsatisfied portion 6590
of such person's judgment, award, or restitution order, but only 6591
to the extent and amount of actual damages suffered by the 6592
claimant, and only up to the maximum payment allowed for each 6593
respective Division I and Division II claim. Payment from the 6594
fund for other costs related to or pursuant to civil proceedings 6595
such as postjudgment interest, attorney fees, court costs, 6596
medical damages, and punitive damages is prohibited. The 6597
recovery fund is not obligated to pay a judgment, an award, or a 6598
restitution order, or any portion thereof, which is not 6599
expressly based on one of the grounds for recovery set forth in 6600

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s. 489.141. 6601
(4) Upon receipt by a claimant under subsection (2) of 6602
payment from the recovery fund, the claimant shall assign his or 6603
her additional right, title, and interest in the judgment, 6604
award, or restitution order, to the extent of such payment, to 6605
the department board, and thereupon the department board shall 6606
be subrogated to the right, title, and interest of the claimant; 6607
and any amount subsequently recovered on the judgment, award, or 6608
restitution order, to the extent of the right, title, and 6609
interest of the department board therein, shall be for the 6610
purpose of reimbursing the recovery fund. 6611
(6) For contracts entered into before July 1, 2004, 6612
payments for claims against any one licensee may not exceed, in 6613
the aggregate, $100,000 annually, up to a total aggregate of 6614
$250,000. For any claim approved by the department board which 6615
is in excess of the annual cap, the amount in excess of $100,000 6616
up to the total aggregate cap of $250,000 is eligible for 6617
payment in the next and succeeding fiscal years, but only after 6618
all claims for the then-current calendar year have been paid. 6619
Payments may not exceed the aggregate annual or per claimant 6620
limits under law. Beginning January 1, 2005, for each Division I 6621
contract entered into after July 1, 2004, payment from the 6622
recovery fund is subject only to a total aggregate cap of 6623
$500,000 for each Division I licensee. Beginning January 1, 6624
2017, for each Division II contract entered into on or after 6625

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July 1, 2016, payment from the recovery fund is subject only to 6626
a total aggregate cap of $150,000 for each Division II licensee. 6627
Beginning January 1, 2025, for Division I and Division II 6628
contracts entered into on or after July 1, 2024, payment from 6629
the recovery fund is subject only to a total aggregate cap of $2 6630
million for each Division I licensee and $600,000 for each 6631
Division II licensee. 6632
Section 203. Paragraph (a) of subsection (1) of section 6633
489.1455, Florida Statutes, is amended to read: 6634
489.1455 Journeyman; reciprocity; standards.— 6635
(1) Counties and municipalities are authorized to issue 6636
journeyman licenses in the plumbing, pipe fitting, mechanical, 6637
or HVAC trades to an individual who: 6638
(a) Has scored at least 70 percent, or after October 1, 6639
1997, at least 75 percent, on a proctored journeyman Block and 6640
Associates examination or other proctored examination approved 6641
by the department board for the trade in which he or she is 6642
licensed; 6643
Section 204. Section 489.146, Florida Statutes, is amended 6644
to read: 6645
489.146 Privatization of services.—Notwithstanding any 6646
other provision of this part relating to the review of licensure 6647
applications, issuance of licenses and renewals, collection of 6648
revenues, fees, and fines, service of documents, publications, 6649
and printing, and other ministerial functions of the department 6650

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relating to the regulation of contractors, the department shall 6651
make all reasonable efforts to contract with one or more private 6652
entities for provision of such services, when such services can 6653
be provided in a more efficient manner by private entities. The 6654
department or the department board shall retain final authority 6655
for licensure decisions and rulemaking, including all appeals or 6656
other legal action resulting from such licensure decisions or 6657
rulemaking. 6658
Section 205. Subsections (4) through (29) of section 6659
489.505, Florida Statutes, are renumbered as subsections (3) 6660
through (28), respectively, and subsection (3) and present 6661
subsections (14), (15), (19), and (23) of that section are 6662
amended to read: 6663
489.505 Definitions.—As used in this part: 6664
(3) "Board," except "local board," means the Electrical 6665
Contractors' Licensing Board created by this part. 6666
(13)(14) "Primary qualifying agent" means a person who 6667
possesses the requisite skill, knowledge, and experience, and 6668
has the responsibility, to supervise, direct, manage, and 6669
control the electrical or alarm system contracting activities of 6670
the business organization with which he or she is connected; and 6671
whose technical and personal qualifications have been determined 6672
by investigation and examination as provided in this part by the 6673
department, as attested to by the department board; and who has 6674
been issued a certificate of competency by the department. 6675

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(14)(15) "Secondary qualifying agent" means a person who 6676
possesses the requisite skill, knowledge, and experience, and 6677
has the responsibility to supervise, direct, manage, and control 6678
the electrical or alarm system contracting activities on a job 6679
for which he or she has obtained a permit; and whose technical 6680
and personal qualifications have been determined by 6681
investigation and examination as provided in this part by the 6682
department, as attested to by the department board; and who has 6683
been issued a certificate of competency by the department. 6684
(18)(19) "Specialty contractor" means a contractor whose 6685
scope of practice is limited to a specific segment of electrical 6686
or alarm system contracting established in a category adopted by 6687
department board rule, including, but not limited to, 6688
residential electrical contracting, maintenance of electrical 6689
fixtures, and fabrication, erection, installation, and 6690
maintenance of electrical and nonelectrical advertising signs 6691
together with the interrelated parts and supports thereof. 6692
(22)(23) "Registered residential alarm system contractor" 6693
means an alarm system contractor whose business is limited to 6694
burglar alarm systems in single-family residential, quadruplex 6695
housing, and mobile homes of a residential occupancy class and 6696
who is registered with the department pursuant to s. 489.513. 6697
The department board shall define "residential occupancy class" 6698
by rule. A registered residential alarm system contractor may 6699
contract only in the jurisdiction for which his or her 6700

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registration is issued. 6701
Section 206. Subsection (1) of section 489.509, Florida 6702
Statutes, is amended to read: 6703
489.509 Fees.— 6704
(1) The department board, by rule, shall establish fees to 6705
be paid for applications, examination, reexamination, transfers, 6706
licensing and renewal, reinstatement, and recordmaking and 6707
recordkeeping. The examination fee shall be in an amount that 6708
covers the cost of obtaining and administering the examination 6709
and shall be refunded if the applicant is found ineligible to 6710
sit for the examination. The application fee is nonrefundable. 6711
The fee for initial application and examination for 6712
certification of electrical contractors may not exceed $400. The 6713
initial application fee for registration may not exceed $150. 6714
The biennial renewal fee may not exceed $400 for 6715
certificateholders and $200 for registrants. The fee for initial 6716
application and examination for certification of alarm system 6717
contractors may not exceed $400. The biennial renewal fee for 6718
certified alarm system contractors may not exceed $450. The 6719
department board may establish a fee for a temporary certificate 6720
as an alarm system contractor not to exceed $75. The department 6721
board may also establish by rule a delinquency fee not to exceed 6722
$50. The fee to transfer a certificate or registration from one 6723
business organization to another may not exceed $200. The fee 6724
for reactivation of an inactive license may not exceed $50. The 6725

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department board shall establish fees that are adequate to 6726
ensure the continued operation of the department board. Fees 6727
shall be based on department estimates of the revenue required 6728
to implement this part and the provisions of law with respect to 6729
the regulation of electrical contractors and alarm system 6730
contractors. 6731
Section 207. Section 489.510, Florida Statutes, is amended 6732
to read: 6733
489.510 Evidence of workers' compensation coverage.—Except 6734
as provided in s. 489.515(3)(b), any person, business 6735
organization, or qualifying agent engaged in the business of 6736
contracting in this state and certified or registered under this 6737
part shall, as a condition precedent to the issuance or renewal 6738
of a certificate or registration of the contractor, provide to 6739
the department Electrical Contractors' Licensing Board, as 6740
provided by department board rule, evidence of workers' 6741
compensation coverage pursuant to chapter 440. In the event that 6742
the Division of Workers' Compensation of the Department of 6743
Financial Services receives notice of the cancellation of a 6744
policy of workers' compensation insurance insuring a person or 6745
entity governed by this section, the Division of Workers' 6746
Compensation shall certify and identify all persons or entities 6747
by certification or registration license number to the 6748
department after verification is made by the Division of 6749
Workers' Compensation that persons or entities governed by this 6750

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section are no longer covered by workers' compensation 6751
insurance. Such certification and verification by the Division 6752
of Workers' Compensation may result from records furnished to 6753
the Division of Workers' Compensation by the persons or entities 6754
governed by this section or an investigation completed by the 6755
Division of Workers' Compensation. The department shall notify 6756
the persons or entities governed by this section who have been 6757
determined to be in noncompliance with chapter 440, and the 6758
persons or entities notified shall provide certification of 6759
compliance with chapter 440 to the department and pay an 6760
administrative fine in the amount of $500. The failure to 6761
maintain workers' compensation coverage as required by law shall 6762
be grounds for the department board to revoke, suspend, or deny 6763
the issuance or renewal of a certificate or registration of the 6764
contractor under the provisions of s. 489.533. 6765
Section 208. Paragraph (b) of subsection (1) and 6766
subsections (2) through (5) of section 489.511, Florida 6767
Statutes, are amended to read: 6768
489.511 Certification; application; examinations; 6769
endorsement.— 6770
(1) 6771
(b) Any person desiring to be certified as a contractor 6772
shall apply to the department in writing and must meet the 6773
following criteria: 6774
1. Be of good moral character; 6775

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2. Pass the certification examination, achieving a passing 6776
grade as established by department board rule; and 6777
3. Meet eligibility requirements according to one of the 6778
following criteria: 6779
a. Has, within the 6 years immediately preceding the 6780
filing of the application, at least 3 years of proven management 6781
experience in the trade or education equivalent thereto, or a 6782
combination thereof, but not more than one-half of such 6783
experience may be educational equivalent; 6784
b. Has, within the 8 years immediately preceding the 6785
filing of the application, at least 4 years of experience as a 6786
supervisor or contractor in the trade for which he or she is 6787
making application, or at least 4 years of experience as a 6788
supervisor in electrical or alarm system work with the United 6789
States Armed Forces; 6790
c. Has, within the 12 years immediately preceding the 6791
filing of the application, at least 6 years of comprehensive 6792
training, technical education, or supervisory experience 6793
associated with an electrical or alarm system contracting 6794
business, or at least 6 years of technical experience, 6795
education, or training in electrical or alarm system work with 6796
the United States Armed Forces or a governmental entity; 6797
d. Has, within the 12 years immediately preceding the 6798
filing of the application, been licensed for 3 years as a 6799
professional engineer who is qualified by education, training, 6800

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or experience to practice electrical engineering; or 6801
e. Has any combination of qualifications under sub-6802
subparagraphs a.-c. totaling 6 years of experience. 6803
(2) The department board may determine by rule the number 6804
of times per year the applicant may take the examination and 6805
after three unsuccessful attempts may require the applicant to 6806
complete additional college-level or technical education courses 6807
in the areas of deficiency, as determined by the department 6808
board, as a condition of future eligibility to take the 6809
examination. 6810
(3)(a) "Good moral character" means a personal history of 6811
honesty, fairness, and respect for the rights of others and for 6812
laws of this state and nation. 6813
(b) The department board may determine that an individual 6814
applying for certification is ineligible for failure to satisfy 6815
the requirement of good moral character only if: 6816
1. There is a substantial connection between the lack of 6817
good moral character of the individual and the professional 6818
responsibilities of a certified contractor; and 6819
2. The finding by the department board of lack of good 6820
moral character is supported by clear and convincing evidence. 6821
(c) When an individual is found to be unqualified for 6822
certification because of a lack of good moral character, the 6823
department board shall furnish such individual a statement 6824
containing the findings of the department board, a complete 6825

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record of the evidence upon which the determination was based, 6826
and a notice of the rights of the individual to a rehearing and 6827
appeal. 6828
(4) The department board shall, by rule, designate those 6829
types of specialty electrical or alarm system contractors who 6830
may be certified under this part. The limit of the scope of work 6831
and responsibility of a certified specialty contractor shall be 6832
established by department board rule. A certified specialty 6833
contractor category exists as an optional statewide licensing 6834
category. Qualification for certification in a specialty 6835
category created by rule shall be the same as set forth in 6836
paragraph (1)(b). The existence of a specialty category created 6837
by rule does not itself create any licensing requirement; 6838
however, neither does its optional nature remove any licensure 6839
requirement established elsewhere in this part. 6840
(5) The department board shall certify as qualified for 6841
certification by endorsement any individual applying for 6842
certification who: 6843
(a) Meets the requirements for certification as set forth 6844
in this section; has passed a national, regional, state, or 6845
United States territorial licensing examination that is 6846
substantially equivalent to the examination required by this 6847
part; and has satisfied the requirements set forth in s. 6848
489.521; 6849
(b) Holds a valid license to practice electrical or alarm 6850

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system contracting issued by another state or territory of the 6851
United States, if the criteria for issuance of such license were 6852
substantially equivalent to the certification criteria that 6853
existed in this state at the time the certificate was issued; or 6854
(c) Has held a valid, current license to practice 6855
electrical or alarm system contracting issued by another state 6856
or territory of the United States for at least 10 years before 6857
the date of application and is applying for the same or similar 6858
license in this state, subject to ss. 489.510 and 489.521(3)(a) 6859
and subparagraph (1)(b)1. Such application must be made either 6860
when the license in another state or territory is active or 6861
within 2 years after such license was last active. Electrical 6862
contractors and alarm system contractors must complete a 2-hour 6863
course on the Florida Building Code. The required courses may be 6864
completed online. 6865
Section 209. Paragraph (c) of subsection (1) and 6866
subsections (3) and (6) of section 489.513, Florida Statutes, 6867
are amended to read: 6868
489.513 Registration; application; requirements.— 6869
(1) Any person engaged in the business of contracting in 6870
the state shall be registered in the proper classification 6871
unless he or she is certified. Any person desiring to be a 6872
registered contractor shall apply to the department for 6873
registration and must: 6874
(c) Meet eligibility requirements according to the 6875

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following criteria: 6876
1. As used in this subsection, the term "good moral 6877
character" means a personal history of honesty, fairness, and 6878
respect for the rights of others and for state and federal law. 6879
2. The department board may determine that an individual 6880
applying for registration is ineligible due to failure to 6881
satisfy the requirement of good moral character only if: 6882
a. There is a substantial connection between the lack of 6883
good moral character of the individual and the professional 6884
responsibilities of a registered contractor; and 6885
b. The finding by the department board of lack of good 6886
moral character is supported by clear and convincing evidence. 6887
3. When an individual is found to be unqualified because 6888
of lack of good moral character, the department board must 6889
furnish such individual a statement containing the findings of 6890
the department board, a complete record of evidence upon which 6891
the determination was based, and a notice of the rights of the 6892
individual to a rehearing and an appeal. 6893
(3) To be registered as an electrical contractor, an alarm 6894
system contractor I, an alarm system contractor II, or a 6895
residential alarm system contractor, the applicant shall file 6896
evidence of holding a current certificate of competency issued 6897
by any municipality or county of the state for the type of work 6898
for which registration is desired, on a form provided by the 6899
department, together with evidence of having passed an 6900

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appropriate local examination, written or oral, designed to test 6901
skills and knowledge relevant to the technical performance of 6902
the profession, accompanied by the registration fee fixed 6903
pursuant to this part. For any person working or wishing to work 6904
in any local jurisdiction that does not require an examination 6905
for its license, the applicant may apply and shall be considered 6906
qualified to be issued a registration in the appropriate 6907
electrical or alarm system category, provided that he or she 6908
shows that he or she has scored at least 75 percent on an 6909
examination which is substantially equivalent to the examination 6910
approved by the department board for certification in the 6911
category and that he or she has had at least 3 years' technical 6912
experience in the trade. The requirement to take and pass an 6913
examination in order to obtain a registration does shall not 6914
apply to persons making application before prior to the 6915
effective date of this act. 6916
(6) The local jurisdictions are responsible for providing 6917
the following information to the department board within 30 days 6918
after licensure of, or any disciplinary action against, a 6919
locally licensed contractor who is registered under this part: 6920
(a) Licensure information. 6921
(b) Code violation information pursuant to s. 553.781. 6922
(c) Disciplinary information. 6923
6924
The department board shall maintain such licensure and 6925

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disciplinary information as it is provided to the department 6926
board and shall make the information available through the 6927
automated information system provided pursuant to s. 455.2286. 6928
Section 210. Section 489.514, Florida Statutes, is amended 6929
to read: 6930
489.514 Certification for registered contractors; 6931
grandfathering provisions.— 6932
(1) The department board shall, upon receipt of a 6933
completed application, appropriate fee, and proof of compliance 6934
with the provisions of this section, issue: 6935
(a) To an applying registered electrical contractor, a 6936
certificate as an electrical contractor, as defined in s. 6937
489.505(12); 6938
(b) To an applying registered alarm system contractor, a 6939
certificate in the matching alarm system contractor category, as 6940
defined in s. 489.505(2)(a) or (b); or 6941
(c) To an applying registered electrical specialty 6942
contractor, a certificate in the matching electrical specialty 6943
contractor category, as defined in s. 489.505(19). 6944
(2) Any contractor registered under this part who makes 6945
application under this section to the department board shall 6946
meet each of the following requirements for certification: 6947
(a) Currently holds a valid registered local license in 6948
the category of electrical contractor, alarm system contractor, 6949
or electrical specialty contractor. 6950

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(b) Has, for that category, passed a written, proctored 6951
examination that the department board finds to be substantially 6952
similar to the examination required to be licensed as a 6953
certified contractor under this part. For purposes of this 6954
subsection, a written, proctored examination such as that 6955
produced by the National Assessment Institute, Block and 6956
Associates, NAI/Block, Experior Assessments, Professional 6957
Testing, Inc., or Assessment Systems, Inc., shall be considered 6958
to be substantially similar to the examination required to be 6959
licensed as a certified contractor. The department board may not 6960
impose or make any requirements regarding the nature or content 6961
of these cited examinations. 6962
(c) Has at least 5 years of experience as a contractor in 6963
that contracting category, or as an inspector or building 6964
administrator with oversight over that category, at the time of 6965
application. For contractors, only time periods in which the 6966
contractor license is active and the contractor is not on 6967
probation shall count toward the 5 years required under this 6968
subsection. 6969
(d) Has not had his or her contractor's license revoked at 6970
any time, had his or her contractor's license suspended in the 6971
last 5 years, or been assessed a fine in excess of $500 in the 6972
last 5 years. 6973
(e) Is in compliance with the insurance and financial 6974
responsibility requirements in s. 489.515(1)(b). 6975

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Section 211. Section 489.515, Florida Statutes, is amended 6976
to read: 6977
489.515 Issuance of certificates; registrations.— 6978
(1)(a) The department shall issue a certificate to a 6979
person who the department board certifies is qualified to become 6980
a certified contractor. 6981
(b) The department board shall certify as qualified for 6982
certification any person who satisfies the requirements of s. 6983
489.511 and who submits satisfactory evidence that he or she has 6984
obtained both workers' compensation insurance or an acceptable 6985
exemption certificate issued by the department and public 6986
liability and property damage insurance for the health, safety, 6987
and welfare of the public in amounts determined by rule of the 6988
department board, and furnishes evidence of financial 6989
responsibility, credit, and business reputation of either 6990
himself or herself or the business organization he or she 6991
desires to qualify. 6992
(c) Upon compliance with the provisions of this section 6993
and payment of the certification fee, the department shall issue 6994
the person a certificate. 6995
(2) The department shall issue a registration to a person 6996
who is in compliance with the provisions of s. 489.513 and who 6997
the department board certifies is qualified to be registered. 6998
(3)(a) As a prerequisite to the initial issuance or the 6999
renewal of a certificate or registration, the applicant shall 7000

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submit an affidavit on a form provided by the department board 7001
attesting to the fact that the applicant has obtained both 7002
workers' compensation insurance or an acceptable exemption 7003
certificate issued by the department and public liability and 7004
property damage insurance for the health, safety, and welfare of 7005
the public in amounts determined by rule of the department 7006
board. The department board shall by rule establish a procedure 7007
to verify the accuracy of such affidavits based upon a random 7008
audit method. 7009
(b) An applicant for initial issuance of a certificate or 7010
registration shall submit as a prerequisite to qualifying for an 7011
exemption from workers' compensation coverage requirements under 7012
s. 440.05 an affidavit attesting to the fact that the applicant 7013
will obtain an exemption within 30 days after the date the 7014
initial certificate or registration is issued by the department 7015
board. 7016
(4) The department board may refuse to certify any 7017
applicant who has violated any of the provisions of s. 489.533. 7018
(5) A certificate or registration is not transferable. 7019
Section 212. Subsection (4) of section 489.516, Florida 7020
Statutes, is amended to read: 7021
489.516 Qualifications to practice; restrictions; 7022
prerequisites.— 7023
(4) A county or municipality may suspend or deny a locally 7024
issued permit when the local building official, tax collector, 7025

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or other authorized person determines that the contractor has 7026
failed to obtain both workers' compensation insurance or an 7027
acceptable exemption certificate issued by the department and 7028
public liability and property damage insurance in the amounts 7029
determined by rule of the department board. 7030
Section 213. Section 489.5161, Florida Statutes, is 7031
amended to read: 7032
489.5161 Credit for relevant military training and 7033
education.— 7034
(1) The department shall provide a method by which 7035
honorably discharged veterans may apply for licensure. The 7036
method must include a veteran-specific application and provide, 7037
to the fullest extent possible, credit toward the requirements 7038
for licensure for military experience, training, and education 7039
received and completed during service in the United States Armed 7040
Forces if the military experience, training, or education is 7041
substantially similar to the experience, training, or education 7042
required for licensure. The department board may adopt rules 7043
pursuant to ss. 120.536(1) and 120.54 to implement this 7044
subsection. 7045
(2) Notwithstanding any other provision of law, beginning 7046
October 1, 2017, and annually thereafter, the department, in 7047
conjunction with the board, is directed to prepare and submit a 7048
report titled "Construction and Electrical Contracting Veteran 7049
Applicant Statistics" to the Governor, the President of the 7050

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Senate, and the Speaker of the House of Representatives. The 7051
report shall include statistics and information relating to this 7052
section and s. 489.1131 which detail: 7053
(a) The number of applicants who identified themselves as 7054
veterans. 7055
(b) The number of veterans whose application for a license 7056
was approved. 7057
(c) The number of veterans whose application for a license 7058
was denied, including data on the reasons for denial. 7059
(d) Data on the application processing times for veterans. 7060
(e) Recommendations on ways to improve the department's 7061
ability to meet the needs of veterans which would effectively 7062
address the challenges that veterans face when separating from 7063
military service and seeking a license regulated by the 7064
department pursuant to this part. 7065
Section 214. Subsections (4), (5), and (6) of section 7066
489.517, Florida Statutes, are renumbered as subsections (3), 7067
(4), and (5), respectively, and present subsections (3), (5), 7068
and (6) of that section are amended to read: 7069
489.517 Renewal of certificate or registration; continuing 7070
education.— 7071
(3)(a) Each certificateholder or registrant licensed as a 7072
specialty contractor or an alarm system contractor shall provide 7073
proof, in a form established by rule of the board, that the 7074
certificateholder or registrant has completed at least 7 7075

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classroom hours of at least 50 minutes each of continuing 7076
education courses during each biennium since the issuance or 7077
renewal of the certificate or registration. The board shall by 7078
rule establish criteria for the approval of continuing education 7079
courses and providers and may by rule establish criteria for 7080
accepting alternative nonclassroom continuing education on an 7081
hour-for-hour basis. 7082
(b) Each certificateholder or registrant licensed as an 7083
electrical contractor shall provide proof, in a form established 7084
by rule of the board, that the certificateholder or registrant 7085
has completed at least 11 classroom hours of at least 50 minutes 7086
each of continuing education courses during each biennium since 7087
the issuance or renewal of the certificate or registration. The 7088
board shall by rule establish criteria for the approval of 7089
continuing education courses and providers and may by rule 7090
establish criteria for accepting alternative nonclassroom 7091
continuing education on an hour-for-hour basis. 7092
(4)(5) By applying for renewal, each certificateholder or 7093
registrant certifies that he or she has continually maintained 7094
the required amounts of public liability and property damage 7095
insurance as specified by department board rule. The department 7096
board shall establish by rule a procedure to verify the public 7097
liability and property damage insurance for a specified period, 7098
based upon a random sampling method. 7099
(6) The board shall require, by rule adopted pursuant to 7100

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ss. 120.536(1) and 120.54, a specialized number of hours in 7101
specialized or advanced module courses, approved by the Florida 7102
Building Commission, on any portion of the Florida Building 7103
Code, adopted pursuant to part IV of chapter 553, relating to 7104
the contractor's respective discipline. 7105
Section 215. Subsection (6) of section 489.518, Florida 7106
Statutes, is renumbered as subsection (5), and paragraph (b) of 7107
subsection (1), paragraphs (b) and (d) of subsection (4), and 7108
subsection (5) of that section are amended, to read: 7109
489.518 Alarm system agents.— 7110
(1) A licensed electrical or alarm system contractor may 7111
not employ a person to perform the duties of a burglar alarm 7112
system agent unless the person: 7113
(b) Has successfully completed a minimum of 14 hours of 7114
training within 90 days after employment, to include basic alarm 7115
system electronics in addition to related training including 7116
CCTV and access control training, with at least 2 hours of 7117
training in the prevention of false alarms. Such training shall 7118
be from a department-approved board-approved provider, and the 7119
employee or applicant for employment shall provide proof of 7120
successful completion to the licensed employer. The department 7121
board shall by rule establish criteria for the approval of 7122
training courses and providers and may by rule establish 7123
criteria for accepting alternative nonclassroom education on an 7124
hour-for-hour basis. The department board shall approve 7125

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providers that conduct training in other than the English 7126
language. The department board shall establish a fee for the 7127
approval of training providers or courses, not to exceed $60. 7128
Qualified employers may conduct training classes for their 7129
employees, with department board approval. 7130
(4) 7131
(b) The identification card shall be designed in a 7132
department-approved board-approved format. The card must include 7133
a picture of the agent, must specify at least the name of the 7134
holder of the card and the name and license number of the 7135
contractor, and must be signed by the contractor and by the 7136
holder of the card. Each identification card is valid for a 7137
period of 4 2 years after the date of issuance. The 7138
identification card must be in the possession of each burglar 7139
alarm system agent while engaged in burglar alarm system agent 7140
duties. 7141
(d) Each identification card must be renewed every 4 2 7142
years and in a board-approved format to show compliance with the 7143
6 hours of continuing education necessary to maintain 7144
certification as a burglar alarm system agent. 7145
(5) Each burglar alarm system agent must receive 6 hours 7146
of continuing education on burglar alarm system installation and 7147
repair and false alarm prevention every 2 years from a board-7148
approved sponsor of training and through a board-approved 7149
training course. 7150

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Section 216. Subsection (6) of section 489.5185, Florida 7151
Statutes, is renumbered as subsection (5) and paragraph (b) of 7152
subsection (1), paragraphs (a) and (f) of subsection (2), 7153
paragraphs (b) and (d) of subsection (4), and subsection (5) of 7154
that section are amended, to read: 7155
489.5185 Fire alarm system agents.— 7156
(1) A certified unlimited electrical contractor or 7157
licensed fire alarm contractor may not employ a person to 7158
perform the duties of a fire alarm system agent unless the 7159
person: 7160
(b) Has successfully completed a minimum of 14 hours of 7161
initial training, to include basic fire alarm system technology 7162
in addition to related training in National Fire Protection 7163
Association (NFPA) codes and standards and access control 7164
training, with at least 2 hours of training in the prevention of 7165
false alarms. Such training must be from a department-approved 7166
board-approved provider, and the employee or applicant for 7167
employment must provide proof of successful completion to the 7168
licensed employer. The department board, by rule, shall 7169
establish criteria for the approval of training courses and 7170
providers. The department board shall approve qualified 7171
providers that conduct training in other than the English 7172
language. The department board shall establish a fee for the 7173
approval of training providers, not to exceed $200, and a fee 7174
for the approval of courses at $25 per credit hour, not to 7175

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exceed $100 per course. 7176
(2)(a) Any applicant for employment as a fire alarm system 7177
agent, or any individual employed as a fire alarm system agent 7178
on the effective date of this act, who has completed alarm 7179
system agent or burglar alarm system agent training before prior 7180
to the effective date of this act in a department-certified 7181
board-certified program is not required to take additional 7182
training in order to comply with the initial training 7183
requirements of this section. 7184
(f) If a person holds a current National Institute of 7185
Certification in Engineering Technologies (NICET) Level II 7186
certification or higher in Fire Alarm Systems or Inspection and 7187
Testing of Fire Alarm Systems, a current certification as an 7188
Electronic Security Association (ESA) Certified Fire Alarm 7189
Technician, or a current certification as an ESA Certified Fire 7190
Alarm Designer, he or she is required to complete only the 2 7191
hours of training in the prevention of false alarms required by 7192
paragraph (1)(b) from a department-approved board-approved 7193
sponsor of training and through a department-approved board-7194
approved training course. 7195
(4) 7196
(b) The card shall follow a department-approved board-7197
approved format, to include a picture of the agent; shall 7198
specify at least the name of the holder of the card and the name 7199
and license number of the certified unlimited electrical 7200

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contractor or licensed fire alarm contractor; and shall be 7201
signed by both the contractor and the holder of the card. Each 7202
identification card shall be valid for a period of 4 2 years 7203
after the date of issuance. The identification card must be in 7204
the possession of the fire alarm system agent while engaged in 7205
fire alarm system agent duties. 7206
(d) Each identification card must be renewed every 2 years 7207
and in a board-approved format to show compliance with the 6 7208
hours of continuing education necessary to maintain 7209
certification as a fire alarm system agent. 7210
(5)(a) Except as provided in paragraph (b), each fire 7211
alarm system agent must receive 6 hours of continuing education 7212
on fire alarm system installation and repair and false alarm 7213
prevention every 2 years from a board-approved sponsor of 7214
training and through a board-approved training course. 7215
(b) A person holding a current NICET Level II 7216
certification or higher in Fire Alarm Systems or Inspection and 7217
Testing of Fire Alarm Systems, certification as an ESA Certified 7218
Fire Alarm Technician, or certification as an ESA Certified Fire 7219
Alarm Designer is required to complete only 2 hours of 7220
continuing education training in the prevention of false alarms 7221
every 2 years from a board-approved sponsor of training and 7222
through a board-approved training course. 7223
Section 217. Subsection (4) of section 489.519, Florida 7224
Statutes, is renumbered as subsection (3), and subsection (1) 7225

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and present subsection (3) of that section are amended to read: 7226
489.519 Inactive status.— 7227
(1) A certificate or registration that becomes inactive 7228
may be reactivated under s. 489.517 upon application to the 7229
department. The board may not require a licensee to complete 7230
more than one renewal cycle of continuing education to 7231
reactivate a certificate or registration. 7232
(3) The board shall impose, by rule, continuing education 7233
requirements for inactive certificateholders, when inactive 7234
status is sought by certificateholders who are also building 7235
code administrators, plans examiners, or inspectors certified 7236
pursuant to part XII of chapter 468. 7237
Section 218. Section 489.520, Florida Statutes, is amended 7238
to read: 7239
489.520 Automated licensure status information system.—By 7240
January 1, 1995, the department shall implement an automated 7241
licensure status information system for electrical and alarm 7242
system contracting. The system shall provide instant 7243
notification to local building departments and other interested 7244
parties, as determined by the board or department, regarding the 7245
status of the certification or registration of any contractor 7246
certified or registered pursuant to the provisions of this part. 7247
The provision of such information shall consist, at a minimum, 7248
of an indication of whether the certification or registration of 7249
the contractor applying for a permit is active, of any current 7250

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failure of the contractor to make restitution according to the 7251
terms of any final action by the department board, of any 7252
ongoing disciplinary cases against the contractor that are 7253
subject to public disclosure, and whether there are any 7254
outstanding fines against the contractor. 7255
Section 219. Paragraphs (a) and (b) of subsection (2), 7256
subsections (3), (4), and (5), paragraph (c) of subsection (7), 7257
subsections (8) and (9), and paragraph (b) of subsection (10) of 7258
section 489.521, Florida Statutes, are amended to read: 7259
489.521 Business organizations; qualifying agents.— 7260
(2)(a)1. If the applicant proposing to engage in 7261
contracting is a partnership, corporation, business trust, or 7262
other legal entity, other than a sole proprietorship, the 7263
application shall state the name of the partnership and its 7264
partners; the name of the corporation and its officers and 7265
directors and the name of each of its stockholders who is also 7266
an officer or director; the name of the business trust and its 7267
trustees; or the name of such other legal entity and its 7268
members. In addition, the applicant shall furnish evidence of 7269
statutory compliance if a fictitious name is used. A joint 7270
venture, including a joint venture composed of qualified 7271
business organizations, is itself a separate and distinct 7272
organization that shall be qualified in accordance with 7273
department board rules. The registration or certification, when 7274
issued upon application of a business organization, shall be in 7275

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the name of the qualifying agent, and the name of the business 7276
organization shall be noted thereon. If there is a change in any 7277
information that is required to be stated on the application, 7278
the business organization shall, within 45 days after such 7279
change occurs, mail the correct information to the department. 7280
2. Any person certified or registered pursuant to this 7281
part who has had his or her license revoked may shall not be 7282
eligible for a 5-year period to be a partner, officer, director, 7283
or trustee of a business organization as defined by this 7284
section. Such person shall also be ineligible to reapply for 7285
certification or registration under this part for a period of 5 7286
years. 7287
(b) The applicant shall also show that the proposed 7288
qualifying agent is legally qualified to act for the business 7289
organization in all matters connected with its electrical or 7290
alarm system contracting business and concerning regulations by 7291
the department board and that he or she has authority to 7292
supervise electrical or alarm system contracting undertaken by 7293
the business organization. 7294
(3)(a) The applicant shall furnish evidence of financial 7295
responsibility, credit, and business reputation of the business 7296
organization, as well as the name of the qualifying agent. The 7297
department board shall adopt rules defining financial 7298
responsibility based upon the business organization's credit 7299
history, ability to be bonded, and any history of bankruptcy or 7300

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assignment of receivers. Such rules shall specify the financial 7301
responsibility grounds on which the department board may 7302
determine that a business organization is not qualified to 7303
engage in contracting. 7304
(b) In the event a qualifying agent must take the 7305
certification examination, the department board shall, within 60 7306
days from the date of the examination, inform the business 7307
organization in writing whether or not its qualifying agent has 7308
qualified. 7309
(c) If the qualifying agent of a business organization 7310
applying to engage in contracting, after having been notified to 7311
do so, does not appear for examination within 1 year from the 7312
date of filing of the application, the examination fee paid by 7313
it shall be credited as an earned fee to the department. A new 7314
application to engage in contracting shall be accompanied by 7315
another application fee fixed pursuant to this act. Forfeiture 7316
of a fee may be waived by the department board for good cause. 7317
(d) Once the department board has determined that the 7318
business organization's proposed qualifying agent has qualified, 7319
the business organization shall be authorized to engage in the 7320
contracting business. The certificate, when issued, shall be in 7321
the name of the qualifying agent, and the name of the business 7322
organization shall be noted thereon. 7323
(4) As a prerequisite to the initial issuance of a 7324
certificate, the applicant or the business organization he or 7325

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she qualifies shall submit evidence that he or she or the 7326
business organization has obtained public liability and property 7327
damage insurance for the safety and welfare of the public in an 7328
amount to be determined by department board rule. 7329
(5) At least one officer or supervising employee of the 7330
business organization must be qualified under this act in order 7331
for the business organization to be qualified to engage in 7332
contracting in the category of the business conducted. If any 7333
individual so qualified on behalf of the business organization 7334
ceases to qualify the business organization, he or she shall 7335
notify the board and the department thereof within 30 days after 7336
such occurrence. In addition, if the individual is the only 7337
individual who qualifies the business organization, the business 7338
organization shall notify the board and the department of the 7339
individual's termination, and it shall have a period of 60 days 7340
from the termination of the individual to qualify another person 7341
under the provision of this act, failing which, the department 7342
board shall determine that the business organization is no 7343
longer qualified to engage in contracting. The individual shall 7344
also inform the department board in writing when he or she 7345
proposes to engage in contracting in his or her own name or in 7346
affiliation with another business organization, and the 7347
individual, or such new business organization, shall supply the 7348
same information to the department board as required for 7349
applicants under this act. After an investigation of the 7350

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financial responsibility, credit, and business reputation of the 7351
individual or the new business organization and upon a favorable 7352
determination, the department board shall certify the business 7353
organization as qualified, and the department shall issue, 7354
without examination, a new certificate in the individual's name, 7355
which shall include the name of the new business organization, 7356
as provided in this section. 7357
(7) 7358
(c) The department board shall assess a fine of not less 7359
than $100 or issue a citation to any contractor who fails to 7360
include that contractor's certification or registration number 7361
when submitting an advertisement for publication, broadcast, or 7362
printing. In addition, any person who claims in any 7363
advertisement to be a certified or registered contractor, but 7364
who does not hold a valid state certification or registration, 7365
commits a misdemeanor of the second degree, punishable as 7366
provided in s. 775.082 or s. 775.083. 7367
(8) Each qualifying agent shall pay the department an 7368
amount equal to the original fee for certification or 7369
registration to qualify any additional business organizations. 7370
If the qualifying agent for a business organization desires to 7371
qualify additional business organizations, the department board 7372
shall require him or her to present evidence of supervisory 7373
ability and financial responsibility of each such organization. 7374
Allowing a licensee to qualify more than one business 7375

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organization shall be conditioned upon the licensee showing that 7376
the licensee has both the capacity and intent to adequately 7377
supervise each business organization in accordance with s. 7378
489.522(1). The department may board shall not limit the number 7379
of business organizations which the licensee may qualify except 7380
upon the licensee's failing to provide such information as is 7381
required under this subsection or upon a finding that such 7382
information or evidence as is supplied is incomplete or 7383
unpersuasive in showing the licensee's capacity and intent to 7384
comply with the requirements of this subsection. A qualification 7385
for an additional business organization may be revoked or 7386
suspended upon a finding by the department board that the 7387
licensee has failed in the licensee's responsibility to 7388
adequately supervise the operations of that business 7389
organization in accordance with s. 489.522(1). Failure of the 7390
responsibility to adequately supervise the operations of a 7391
business organization in accordance with s. 489.522(1) shall be 7392
grounds for denial to qualify additional business organizations. 7393
(9) If a business organization or any of its partners, 7394
officers, directors, trustees, or members is disciplined for 7395
violating s. 489.533(1), the department board may, on that basis 7396
alone, deny issuance of a certificate or registration to a 7397
qualifying agent on behalf of that business organization. 7398
(10) 7399
(b) Any business organization engaging in contracting 7400

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under this subsection shall provide the department board with 7401
the name and license number of each registered or certified 7402
contractor employed by the business organization to supervise 7403
its contracting activities. The business organization is not 7404
required to post a bond or otherwise evidence any financial or 7405
credit information except as necessary to demonstrate compliance 7406
with paragraph (a). 7407
Section 220. Subsection (2) and paragraph (a) of 7408
subsection (3) of section 489.522, Florida Statutes, are amended 7409
to read: 7410
489.522 Qualifying agents; responsibilities.— 7411
(2) One of the qualifying agents for a business 7412
organization that has more than one qualifying agent may be 7413
designated as the sole primary qualifying agent for the business 7414
organization by a joint agreement that is executed, on a form 7415
provided by the department board, by all qualifying agents for 7416
the business organization. The joint agreement shall be 7417
submitted to the department board for approval. If the 7418
department board determines that the joint agreement is in good 7419
order, it shall approve the designation and immediately notify 7420
the qualifying agents of such approval. The designation made by 7421
the joint agreement is effective upon receipt of the notice by 7422
the qualifying agents. The qualifying agent designated for a 7423
business organization by a joint agreement is the sole primary 7424
qualifying agent for the business organization, and all other 7425

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qualifying agents for the business organization are secondary 7426
qualifying agents. 7427
(a) A designated sole primary qualifying agent has all the 7428
responsibilities and duties of a primary qualifying agent, 7429
notwithstanding that there are secondary qualifying agents for 7430
specified jobs. The designated sole primary qualifying agent is 7431
jointly and equally responsible with secondary qualifying agents 7432
for field work supervision. 7433
(b) A secondary qualifying agent is responsible only for: 7434
1. The supervision of field work at sites where his or her 7435
license was used to obtain the building permit; and 7436
2. Any other work for which he or she accepts 7437
responsibility. 7438
7439
A secondary qualifying agent is not responsible for supervision 7440
of financial matters. 7441
(c) A primary qualifying agent shall have approval 7442
authority for checks, payments, drafts, and contracts issued by 7443
or entered into by the business organization. 7444
(3)(a) A qualifying agent who has been designated by a 7445
joint agreement as the sole primary qualifying agent for a 7446
business organization may terminate this status as such by 7447
giving actual notice to the business organization, to the 7448
department board, and to all secondary qualifying agents of his 7449
or her intention to terminate this status. The notice to the 7450

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department board shall include proof satisfactory to the 7451
department board that he or she has given the notice required in 7452
this paragraph. The status of the qualifying agent shall cease 7453
upon the designation of a new primary qualifying agent or 60 7454
days after satisfactory notice of termination has been provided 7455
to the department board, whichever first occurs. If no new 7456
primary qualifying agent has been designated within 60 days, all 7457
secondary qualifying agents for the business organization shall 7458
become primary qualifying agents, unless the joint agreement 7459
specifies that one or more of them shall become sole qualifying 7460
agents under such circumstances, in which case only they shall 7461
become sole qualifying agents. 7462
Section 221. Section 489.523, Florida Statutes, is amended 7463
to read: 7464
489.523 Emergency registration upon death of contractor.—7465
If an incomplete contract exists at the time of death of a 7466
contractor, the contract may be completed by any person even 7467
though not certified. The person shall notify the department 7468
appropriate board, within 30 days after the death of the 7469
contractor, of his or her name and address, knowledge of the 7470
contract, and ability to complete it. If the department board 7471
approves, he or she may proceed with the contract. The 7472
department board shall then issue an emergency registration 7473
which shall expire upon the completion of the contract. For 7474
purposes of this section, and upon written approval of the 7475

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department board, an incomplete contract may be one which has 7476
been awarded to, or entered into by, the contractor before his 7477
or her death, or on which he or she was the low bidder and the 7478
contract is subsequently awarded to him or her, regardless of 7479
whether any actual work has commenced under the contract before 7480
the contractor's death. 7481
Section 222. Section 489.525, Florida Statutes, is amended 7482
to read: 7483
489.525 Report to local building officials.—The department 7484
may report to all building officials the contents of this part 7485
and the contents of the rules of the department board. Any 7486
information that is available through the Internet or other 7487
electronic means may be excluded from the report. 7488
Section 223. Subsections (2) through (6) and paragraphs 7489
(b) and (e) of subsection (7) of section 489.533, Florida 7490
Statutes, are amended to read: 7491
489.533 Disciplinary proceedings.— 7492
(2) When the department board finds any applicant, 7493
contractor, or business organization for which the contractor is 7494
a primary qualifying agent or secondary qualifying agent 7495
responsible under s. 489.522 guilty of any of the grounds set 7496
forth in subsection (1), it may enter an order imposing one or 7497
more of the following penalties: 7498
(a) Denial of an application for certification or 7499
registration. 7500

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(b) Revocation or suspension of a certificate or 7501
registration. 7502
(c) Imposition of an administrative fine not to exceed 7503
$10,000 for each count or separate offense. 7504
(d) Issuance of a reprimand. 7505
(e) Placement of the contractor on probation for a period 7506
of time and subject to such conditions as the department board 7507
may specify, including requiring the contractor to attend 7508
continuing education courses or to work under the supervision of 7509
another contractor. 7510
(f) Restriction of the authorized scope of practice by the 7511
contractor. 7512
(g) Require financial restitution to a consumer. 7513
(3) In recommending penalties in any proposed recommended 7514
final order, the department shall follow the penalty guidelines 7515
established by the department board by rule. The department 7516
shall advise the administrative law judge of the appropriate 7517
penalty, including mitigating and aggravating circumstances, and 7518
the specific rule citation. 7519
(4) The department board may not reinstate the certificate 7520
or registration of, or cause a certificate or registration to be 7521
issued to, a person who the department board has determined 7522
unqualified until it is satisfied that such person has complied 7523
with all the terms and conditions set forth in the final order 7524
and is capable of competently engaging in the business of 7525

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contracting. 7526
(5) When the department board imposes administrative fines 7527
pursuant to subsection (2) resulting from violation of chapter 7528
633 or violation of the rules of the State Fire Marshal, 50 7529
percent of the fine shall be paid into the Insurance Regulatory 7530
Trust Fund to help defray the costs of investigating the 7531
violations and obtaining the corrective action. The State Fire 7532
Marshal may participate at its discretion, but not as a party, 7533
in any proceedings before the department board relating to 7534
violation of chapter 633 or the rules of the State Fire Marshal, 7535
in order to make recommendations as to the appropriate penalty 7536
in such case. However, the State Fire Marshal does shall not 7537
have standing to bring disciplinary proceedings regarding 7538
certification. 7539
(6) The department board may restrain any violation of 7540
this part by action in a court of competent jurisdiction. 7541
(7) 7542
(b) A No licensee may not avail himself or herself of the 7543
mediation process more than three times without the approval of 7544
the department board. The department board may consider the 7545
subject and the dates of the earlier complaints in rendering its 7546
decision. The board's decision shall not be considered a final 7547
agency action and is not appealable. 7548
(e) The department, in conjunction with the board, shall 7549
determine by rule the types of cases which may be included in 7550

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the mediation process. The department may initiate or continue 7551
disciplinary action, pursuant to chapter 455 and this chapter 7552
against the licensee as determined by rule. 7553
Section 224. Paragraph (a) of subsection (1) of section 7554
489.5335, Florida Statutes, is amended to read: 7555
489.5335 Journeyman; reciprocity; standards.— 7556
(1) Counties and municipalities are authorized to issue 7557
journeyman licenses in the electrical and alarm system trades to 7558
an individual who: 7559
(a) Has scored at least 70 percent, or after October 1, 7560
1997, at least 75 percent, on a proctored journeyman Block and 7561
Associates examination or other proctored examination approved 7562
by the department board for the trade in which he or she is 7563
licensed; 7564
Section 225. Paragraph (e) of subsection (3) and 7565
paragraphs (b) and (c) of subsection (5) of section 489.537, 7566
Florida Statutes, are amended to read: 7567
489.537 Application of this part.— 7568
(3) Nothing in this act limits the power of a municipality 7569
or county: 7570
(e)1. To refuse to issue permits or issue permits with 7571
specific conditions to a contractor who has committed multiple 7572
violations, when he or she has been disciplined for each of them 7573
by the department board and when each disciplinary action has 7574
involved revocation or suspension of a license, imposition of an 7575

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administrative fine of at least $1,000, or probation. 7576
2. To issue permits with specific conditions to a 7577
contractor who, within the previous 12 months, has had final 7578
action taken against him or her, by the department or by a local 7579
board or agency which licenses contractors and has reported the 7580
action pursuant to paragraph (5)(c), for engaging in the 7581
business or acting in the capacity of a contractor without a 7582
license. 7583
(5) 7584
(b) To engage in contracting in the territorial area, an 7585
applicant shall also be registered with the department board. 7586
(c) Each local board or agency which licenses contractors 7587
shall transmit monthly to the department board a report of any 7588
disciplinary action taken against contractors and any 7589
administrative or disciplinary action taken against unlicensed 7590
persons for engaging in the business or acting in the capacity 7591
of a contractor, including any cease and desist order issued 7592
pursuant to s. 489.516(2)(b). 7593
Section 226. Section 489.552, Florida Statutes, is amended 7594
to read: 7595
489.552 Registration required.—A person may shall not hold 7596
himself or herself out as a septic tank contractor or a master 7597
septic tank contractor in this state unless he or she is 7598
registered by the department in accordance with the provisions 7599
of this part. However, nothing in this part prohibits any person 7600

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licensed pursuant to s. 489.105(2)(m) s. 489.105(3)(m) in this 7601
state from engaging in the profession for which he or she is 7602
licensed. 7603
Section 227. Subsection (1) of section 492.102, Florida 7604
Statutes, is amended to read: 7605
492.102 Definitions.—For the purposes of this chapter, 7606
unless the context clearly requires otherwise: 7607
(1) "Board" means the Board of Professional Geologists. 7608
Section 228. Section 492.104, Florida Statutes, is amended 7609
to read: 7610
492.104 Rulemaking authority.—The department may Board of 7611
Professional Geologists has authority to adopt rules pursuant to 7612
ss. 120.536(1) and 120.54 to implement this chapter. Every 7613
licensee shall be governed and controlled by this chapter and 7614
the rules adopted by the department board. The department board 7615
is authorized to set, by rule, fees for application, 7616
examination, late renewal, initial licensure, and license 7617
renewal. These fees may not exceed the cost of implementing the 7618
application, examination, initial licensure, and license renewal 7619
or other administrative process and shall be established as 7620
follows: 7621
(1) The application fee may shall not exceed $150 and 7622
shall be nonrefundable. 7623
(2) The examination fee may shall not exceed $250, and the 7624
fee may be apportioned to each part of a multipart examination. 7625

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The examination fee shall be refundable in whole or part if the 7626
applicant is found to be ineligible to take any portion of the 7627
licensure examination. 7628
(3) The initial license fee may shall not exceed $100. 7629
(4) The biennial renewal fee may shall not exceed $150. 7630
(5) The fee for reactivation of an inactive license may 7631
not exceed $50. 7632
(6) The fee for a provisional license may not exceed $400. 7633
(7) The fee for application, examination, and licensure 7634
for a license by endorsement is as provided in this section for 7635
licenses in general. 7636
Section 229. Subsection (1), paragraph (b) of subsection 7637
(2), and subsection (3) of section 492.105, Florida Statutes, 7638
are amended to read: 7639
492.105 Licensure by examination; requirements; fees.— 7640
(1) Any person desiring to be licensed as a professional 7641
geologist shall apply to the department to take the licensure 7642
examination. The written licensure examination shall be designed 7643
to test an applicant's qualifications to practice professional 7644
geology, and shall include such subjects as will tend to 7645
ascertain the applicant's knowledge of the fundamentals, theory, 7646
and practice of professional geology and may include such 7647
subjects as are taught in curricula of accredited colleges and 7648
universities. The written licensure examination may be a 7649
multipart examination. The department shall examine each 7650

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applicant who the department board certifies: 7651
(a) Has completed the application form and remitted a 7652
nonrefundable application fee and an examination fee which is 7653
refundable if the applicant is found to be ineligible to take 7654
the examination. 7655
(b) Is at least 18 years of age. 7656
(c) Has not committed any act or offense in any 7657
jurisdiction which would constitute the basis for disciplining a 7658
professional geologist licensed pursuant to this chapter. 7659
(d) Has fulfilled the following educational requirements 7660
at a college or university, the geological curricula of which 7661
meet the criteria established by an accrediting agency 7662
recognized by the United States Department of Education: 7663
1. Graduation from such college or university with a major 7664
in geology or other related science acceptable to the department 7665
board; and 7666
2. Satisfactory completion of at least 30 semester hours 7667
or 45 quarter hours of geological coursework. 7668
(e) Has at least 5 years of verified professional 7669
geological work experience, which includes a minimum of 3 years 7670
of professional geological work under the supervision of a 7671
licensed or qualified geologist or professional engineer 7672
registered under chapter 471 as qualified in the field or 7673
discipline of professional engineering work performed; or has a 7674
minimum of 5 accumulative years of verified geological work 7675

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experience in responsible charge of geological work as 7676
determined by the department board. 7677
(2) The department shall issue a license to practice 7678
professional geology to any person who has: 7679
(b) Been certified by the department board as qualified to 7680
practice professional geology; and 7681
(3) The department may shall not issue a license to any 7682
applicant who is under investigation in any jurisdiction for an 7683
offense which would constitute a violation of this chapter. Upon 7684
completion of the investigation, the disciplinary provisions of 7685
s. 492.113 shall apply. 7686
Section 230. Subsections (1) and (2) of section 492.1051, 7687
Florida Statutes, are amended to read: 7688
492.1051 Registered geologist-in-training; requirements.— 7689
(1) A person desiring to register as a geologist-in-7690
training shall apply to the department to take a discrete 7691
portion of the examination required for licensure as a 7692
professional geologist in this state. This discrete portion 7693
shall cover the fundamentals of geology. The department shall 7694
examine each applicant who the department board certifies: 7695
(a) Has completed the application form and remitted a 7696
nonrefundable application fee and an examination fee that is 7697
refundable if the applicant is found to be ineligible to take 7698
the examination. 7699
(b) Has not committed an act or offense in any 7700

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jurisdiction which constitutes grounds for disciplining a 7701
professional geologist licensed under this chapter; and 7702
(c) Has successfully completed at least 30 semester hours 7703
or 45 quarter hours of geological coursework at a college or 7704
university, the geological curricula of which meet the criteria 7705
established by an accrediting agency recognized by the United 7706
States Department of Education and, if still enrolled, has 7707
provided a letter of good academic standing from the college or 7708
university. 7709
(2) The department shall register as a geologist-in-7710
training each applicant who the department board certifies has 7711
passed the fundamentals of geology portion of the licensure 7712
examination. 7713
Section 231. Section 492.106, Florida Statutes, is amended 7714
to read: 7715
492.106 Provisional licenses.—The department may provide a 7716
provisional license to any person who is not a resident of and 7717
has not established a place of business in this state, and who 7718
is duly licensed in another state, territory, or possession of 7719
the United States, or in the District of Columbia, and who has 7720
qualifications which the department board, upon advice of a 7721
committee of the department board, deems comparable to those 7722
required of professional geologists in this state, upon written 7723
application accompanied by the proper application fee, offered 7724
before prior to the practice of professional geology in this 7725

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state, under the following restrictions: 7726
(1) Satisfactory proof of licensure as required above 7727
shall include the name, residence address, business address, and 7728
certification of the license of the applicant from the issuing 7729
state, together with the name and address of the authority 7730
issuing such license. 7731
(2) The practice of professional geology under a 7732
provisional license may shall not exceed 1 year. 7733
(3) The practice of professional geology under a 7734
provisional license shall be confined to one specified project. 7735
Such license may not be renewed or reissued for 5 years from the 7736
date of original issuance. 7737
(4) A written statement shall be furnished to the 7738
department within 60 days of completion of the work, indicating 7739
the time engaged and the nature of the work. A person holding a 7740
provisional license shall exhibit such provisional license each 7741
time and on each occasion that an indication of licensure is 7742
required. 7743
Section 232. Subsection (1) of section 492.107, Florida 7744
Statutes, is amended to read: 7745
492.107 Seals.— 7746
(1) The department board shall prescribe, by rule, a form 7747
of seal, including its electronic form, to be used by persons 7748
holding valid licenses. All geological papers, reports, and 7749
documents prepared or issued by the licensee shall be signed, 7750

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dated, and sealed by the licensee who performed or is 7751
responsible for the supervision, direction, or control of the 7752
work contained in the papers, reports, or documents. Such 7753
signature, date, and seal shall be evidence of the authenticity 7754
of that to which they are affixed. Geological papers, reports, 7755
and documents prepared or issued by the licensee may be 7756
transmitted electronically provided they have been signed by the 7757
licensee, dated, and electronically sealed. It is unlawful for 7758
any person to sign or seal any document as a professional 7759
geologist unless that person holds a current, active license as 7760
a professional geologist which has not expired or been revoked 7761
or suspended, unless reinstated or reissued. 7762
Section 233. Subsection (1) of section 492.108, Florida 7763
Statutes, is amended to read: 7764
492.108 Licensure by endorsement; requirements; fees.— 7765
(1) The department shall issue a license by endorsement to 7766
any applicant who, upon applying to the department and remitting 7767
an application fee, has been certified by the department board 7768
that he or she: 7769
(a) Has met the qualifications for licensure in s. 7770
492.105(1)(b)-(e) and: 7771
1. Is the holder of an active license in good standing in 7772
a state, trust, territory, or possession of the United States. 7773
2. Was licensed through written examination in at least 7774
one state, trust, territory, or possession of the United States, 7775

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the examination requirements of which have been approved by the 7776
department board as substantially equivalent to or more 7777
stringent than those of this state, and has received a score on 7778
such examination which is equal to or greater than the score 7779
required by this state for licensure by examination. 7780
3. Has taken and successfully passed the laws and rules 7781
portion of the examination required for licensure as a 7782
professional geologist in this state. 7783
(b) Has held a valid license to practice geology in 7784
another state, trust, territory, or possession of the United 7785
States for at least 10 years before the date of application and 7786
has successfully completed a state, regional, national, or other 7787
examination that is equivalent to or more stringent than the 7788
examination required by the department. If such applicant has 7789
met the requirements for a license by endorsement except 7790
successful completion of an examination that is equivalent to or 7791
more stringent than the examination required by the department 7792
board, such applicant may take the examination required by the 7793
department board. Such application must be submitted to the 7794
department board while the applicant holds a valid license in 7795
another state or territory or within 2 years after the 7796
expiration of such license. 7797
Section 234. Subsection (2) of section 492.109, Florida 7798
Statutes, is amended to read: 7799
492.109 Renewal of license; fees.— 7800

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(2) The department shall adopt rules establishing a 7801
procedure for the biennial renewal of licenses. 7802
Section 235. Subsection (2) of section 492.1101, Florida 7803
Statutes, is amended to read: 7804
492.1101 Inactive status.— 7805
(2) The department board shall adopt promulgate rules 7806
relating to the reactivation of inactive licenses and shall 7807
prescribe by rule a fee for the reactivation of inactive 7808
licenses. 7809
Section 236. Subsection (1) of section 492.111, Florida 7810
Statutes, is amended to read: 7811
492.111 Practice of professional geology by a firm, 7812
corporation, or partnership.—The practice of, or offer to 7813
practice, professional geology by individual professional 7814
geologists licensed under the provisions of this chapter through 7815
a firm, corporation, or partnership offering geological services 7816
to the public through individually licensed professional 7817
geologists as agents, employees, officers, or partners thereof 7818
is permitted subject to the provisions of this chapter, if: 7819
(1) At all times that it offers geological services to the 7820
public, the firm, corporation, or partnership is qualified by 7821
one or more individuals who hold a current, active license as a 7822
professional geologist in the state and are serving as a 7823
geologist of record for the firm, corporation, or partnership. A 7824
geologist of record may be any principal officer or employee of 7825

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such firm or corporation, or any partner or employee of such 7826
partnership, who holds a current, active license as a 7827
professional geologist in this state, or any other Florida-7828
licensed professional geologist with whom the firm, corporation, 7829
or partnership has entered into a long-term, ongoing 7830
relationship, as defined by rule of the department board, to 7831
serve as one of its geologists of record. The geologist of 7832
record shall notify the department of any changes in the 7833
relationship or identity of that geologist of record within 30 7834
days after such change. 7835
Section 237. Paragraph (k) of subsection (1) and 7836
subsections (2), (3), and (4) of section 492.113, Florida 7837
Statutes, are amended to read: 7838
492.113 Disciplinary proceedings.— 7839
(1) The following acts constitute grounds for which the 7840
disciplinary actions in subsection (3) may be taken: 7841
(k) Violating a rule of the department or board or any 7842
order of the department or board previously entered in a 7843
disciplinary hearing. 7844
(2) The department board shall specify, by rule, what acts 7845
or omissions constitute a violation of subsection (1). 7846
(3) When the department board finds any person guilty of 7847
any of the grounds set forth in subsection (1), it may enter an 7848
order imposing one or more of the following penalties: 7849
(a) Denial of an application for licensure. 7850

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(b) Revocation or suspension of a license. 7851
(c) Imposition of an administrative fine not to exceed 7852
$1,000 for each count or separate offense. 7853
(d) Issuance of a reprimand. 7854
(e) Placement of the licensee on probation for a period of 7855
time and subject to such conditions as the department board may 7856
specify. 7857
(f) Restriction of the authorized scope of practice by the 7858
licensee. 7859
(4) The department shall reissue the license of a 7860
disciplined professional geologist upon certification by the 7861
department board that the disciplined person has complied with 7862
the terms and conditions set forth in the final order. 7863
Section 238. Subsections (11) and (12) of section 7864
493.6101, Florida Statutes, are amended to read: 7865
493.6101 Definitions.— 7866
(11) "Sponsor" means any Class "C," Class "MA," or Class 7867
"M" licensee who supervises and maintains under his or her 7868
direction and control a Class "CC" provisional licensee intern; 7869
or any Class "E" or Class "MR" licensee who supervises and 7870
maintains under his or her direction and control a Class "EE" 7871
intern. 7872
(12) "Provisional licensee" "Intern" means an individual 7873
who studies as a trainee or apprentice under the direction and 7874
control of a designated sponsoring licensee. 7875

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Section 239. Subsection (7) of section 493.6105, Florida 7876
Statutes, is amended to read: 7877
493.6105 Initial application for license.— 7878
(7) In addition to the application requirements for 7879
individuals, partners, or officers outlined under subsection 7880
(3), the application for an agency license must contain the 7881
following information: 7882
(a) The proposed name under which the agency intends to 7883
operate. 7884
(b) The street address, mailing address, and telephone 7885
numbers of the principal location at which business is to be 7886
conducted in this state. 7887
(c) The street address, mailing address, and telephone 7888
numbers of all branch offices within this state. 7889
(d) The names and titles of all partners or, in the case 7890
of a corporation, the names and titles of its principal 7891
officers. 7892
Section 240. Subsection (2) of section 493.6106, Florida 7893
Statutes, is amended to read: 7894
493.6106 License requirements; posting.— 7895
(2) Each agency shall have a minimum of one physical 7896
location within this state from which the normal business of the 7897
agency is conducted, and this location shall be considered the 7898
primary office for that agency in this state. 7899
(a) If an agency or branch office desires to change the 7900

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physical location of the business, as it appears on the license, 7901
the department must be notified within 10 days after the change, 7902
and, except upon renewal, the fee prescribed in s. 493.6107 must 7903
be submitted for each license requiring revision. Each license 7904
requiring revision must be returned with such notification. 7905
(b) The Class "A," Class "B," or Class "R" license and any 7906
branch office or school license shall at all times be posted in 7907
a conspicuous place at the licensed physical location in this 7908
state where the business is conducted. 7909
(c) Each Class "A," Class "B," Class "R," branch office, 7910
or school licensee shall display, in a place that is in clear 7911
and unobstructed public view, a notice on a form prescribed by 7912
the department stating that the business operating at this 7913
location is licensed and regulated by the Department of 7914
Agriculture and Consumer Services and that any questions or 7915
complaints should be directed to the department. 7916
(d) A minimum of one properly licensed manager shall be 7917
designated for each agency and branch office location. 7918
Section 241. Subsections (4), (5), and (6) of section 7919
493.6111, Florida Statutes, are renumbered as subsections (3), 7920
(4), and (5), respectively, and subsection (2) and present 7921
subsection (3) of that section are amended to read: 7922
493.6111 License; contents; identification card.— 7923
(2) Licenses shall be valid for a period of 4 2 years, 7924
except for Class "A," Class "B," Class "AB," Class "K," Class 7925

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"R," and branch agency licenses, which shall be valid for a 7926
period of 3 years. 7927
(3) The department shall, upon complete application and 7928
payment of the appropriate fees, issue a separate license to 7929
each branch office for which application is made. 7930
Section 242. Subsection (1) and paragraph (b) of 7931
subsection (3) of section 493.6113, Florida Statutes, are 7932
amended to read: 7933
493.6113 Renewal application for licensure.— 7934
(1) A license granted under the provisions of this chapter 7935
shall be renewed every 4 years biennially by the department, 7936
except for Class "A," Class "B," Class "AB," Class "K," Class 7937
"R," and branch agency licenses, which shall be renewed every 3 7938
years. 7939
(3) Each licensee is responsible for renewing his or her 7940
license on or before its expiration by filing with the 7941
department an application for renewal accompanied by payment of 7942
the renewal fee and the fingerprint retention fee to cover the 7943
cost of ongoing retention in the statewide automated biometric 7944
identification system established in s. 943.05(2)(b). Upon the 7945
first renewal of a license issued under this chapter before 7946
January 1, 2017, the licensee shall submit a full set of 7947
fingerprints and fingerprint processing fees to cover the cost 7948
of entering the fingerprints into the statewide automated 7949
biometric identification system pursuant to s. 493.6108(4)(a) 7950

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and the cost of enrollment in the Federal Bureau of 7951
Investigation's national retained print arrest notification 7952
program. Subsequent renewals may be completed without submission 7953
of a new set of fingerprints. 7954
(b) Each Class "G" licensee shall additionally submit 7955
proof that he or she has received during each year of the 7956
license period a minimum of 4 hours of firearms requalification 7957
training taught by a Class "K" licensee and has complied with 7958
such other health and training requirements that the department 7959
shall adopt by rule. Proof of completion of firearms 7960
requalification training shall be submitted to the department 7961
upon completion of the training. A Class "G" licensee must 7962
successfully complete this requalification training for each 7963
type and caliber of firearm carried in the course of performing 7964
his or her regulated duties. At the discretion of a Class "K" 7965
instructor, a Class "G" licensee may qualify for up to two 7966
calibers of firearms in one 4-hour firearm requalification class 7967
if the licensee successfully completes training for each 7968
firearm, including a separate course of fire for each caliber of 7969
firearm. If the licensee fails to complete the required 4 hours 7970
of annual training during the first year of the 2-year term of 7971
the license, the license is automatically suspended. The 7972
licensee must complete the minimum number of hours of range and 7973
classroom training required at the time of initial licensure and 7974
submit proof of completion of such training to the department 7975

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before the license may be reinstated. If the licensee fails to 7976
complete the required 4 hours of annual training during the 7977
second year of the 4-year 2-year term of the license, the 7978
licensee must complete the minimum number of hours of range and 7979
classroom training required at the time of initial licensure and 7980
submit proof of completion of such training to the department 7981
before the license may be renewed. The department may waive the 7982
firearms training requirement if: 7983
1. The applicant provides proof that he or she is 7984
currently certified as a law enforcement officer or correctional 7985
officer under the Criminal Justice Standards and Training 7986
Commission and has completed law enforcement firearms 7987
requalification training annually during the previous 4 years 2 7988
years of the licensure period; 7989
2. The applicant provides proof that he or she is 7990
currently certified as a federal law enforcement officer and has 7991
received law enforcement firearms training administered by a 7992
federal law enforcement agency annually during the previous 4 7993
years 2 years of the licensure period; 7994
3. The applicant submits a valid firearm certificate among 7995
those specified in s. 493.6105(6)(a) and provides proof of 7996
having completed requalification training during the previous 4 7997
years 2 years of the licensure period; or 7998
4. The applicant provides proof that he or she has 7999
completed annual firearms training in accordance with the 8000

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requirements of the federal Law Enforcement Officers Safety Act 8001
under 18 U.S.C. ss. 926B-926C. 8002
Section 243. Section 493.6116, Florida Statutes, is 8003
amended to read: 8004
493.6116 Sponsorship of provisional licensees interns.— 8005
(1) Only licensees may sponsor provisional licensees 8006
interns. A Class "C," Class "M," or Class "MA" licensee may 8007
sponsor a Class "CC" provisional licensees private investigator 8008
intern; a Class "E" or Class "MR" licensee may sponsor a Class 8009
"EE" recovery agent intern. 8010
(2) Provisional licensure An internship may not commence 8011
until the sponsor has submitted to the department the notice of 8012
intent to sponsor. Such notice shall be on a form provided by 8013
the department. 8014
(3) Provisional licensure Internship is intended to serve 8015
as a learning process. Sponsors shall assume a training status 8016
by providing direction and control of provisional licensees 8017
interns. Sponsors shall not allow provisional licensees interns 8018
to operate independently of such direction and control or 8019
require provisional licensees interns to perform activities that 8020
do not enhance the provisional licensee's intern's qualification 8021
for licensure. Provisional licensees Interns must perform 8022
regulated duties within the boundaries of this state during the 8023
period of provisional licensure internship. 8024
(4) No sponsor may sponsor more than six provisional 8025

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licensees interns at the same time. 8026
(5) A sponsor shall certify a biannual progress report on 8027
each intern and shall certify completion or termination of 8028
provisional licensure an internship to the department within 15 8029
days after such completion or termination. The report must be 8030
made on a form provided by the department and must include at a 8031
minimum: 8032
(a) The inclusive dates of the provisional licensure 8033
internship. 8034
(b) A narrative part explaining the primary duties, types 8035
of experiences gained, and the scope of training received. 8036
(c) An evaluation of the performance of the provisional 8037
licensee intern and a recommendation regarding future licensure. 8038
Section 244. Paragraphs (r) and (x) of subsection (1) of 8039
section 493.6118, Florida Statutes, are amended to read: 8040
493.6118 Grounds for disciplinary action.— 8041
(1) The following constitute grounds for which 8042
disciplinary action specified in subsection (2) may be taken by 8043
the department against any licensee, agency, or applicant 8044
regulated by this chapter, or any unlicensed person engaged in 8045
activities regulated under this chapter: 8046
(r) Failure or refusal by a sponsor to certify a biannual 8047
written report on an provisional private investigator intern or 8048
to certify completion or termination of an provisional private 8049
investigator internship to the department within 15 working 8050

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days. 8051
(x) In addition to the grounds for disciplinary action 8052
prescribed in paragraphs (a)-(t) and, Class "R" recovery 8053
agencies , Class "E" recovery agents, and Class "EE" recovery 8054
agent interns are prohibited from committing the following acts: 8055
1. Recovering a motor vehicle, mobile home, motorboat, 8056
aircraft, personal watercraft, all-terrain vehicle, farm 8057
equipment, or industrial equipment that has been sold under a 8058
conditional sales agreement or under the terms of a chattel 8059
mortgage before authorization has been received from the legal 8060
owner or mortgagee. 8061
2. Charging for expenses not actually incurred in 8062
connection with the recovery, transportation, storage, or 8063
disposal of repossessed property or personal property obtained 8064
in a repossession. 8065
3. Using any repossessed property or personal property 8066
obtained in a repossession for the personal benefit of a 8067
licensee or an officer, director, partner, manager, or employee 8068
of a licensee. 8069
4. Selling property recovered under the provisions of this 8070
chapter, except with written authorization from the legal owner 8071
or the mortgagee thereof. 8072
5. Failing to notify the police or sheriff's department of 8073
the jurisdiction in which the repossessed property is recovered 8074
within 2 hours after recovery. 8075

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6. Failing to remit moneys collected in lieu of recovery 8076
of a motor vehicle, mobile home, motorboat, aircraft, personal 8077
watercraft, all-terrain vehicle, farm equipment, or industrial 8078
equipment to the client within 10 working days. 8079
7. Failing to deliver to the client a negotiable 8080
instrument that is payable to the client, within 10 working days 8081
after receipt of such instrument. 8082
8. Falsifying, altering, or failing to maintain any 8083
required inventory or records regarding disposal of personal 8084
property contained in or on repossessed property pursuant to s. 8085
493.6404(1). 8086
9. Carrying any weapon or firearm when he or she is on 8087
private property and performing duties under his or her license 8088
whether or not he or she is licensed pursuant to s. 790.06. 8089
10. Soliciting from the legal owner the recovery of 8090
property subject to repossession after such property has been 8091
seen or located on public or private property if the amount 8092
charged or requested for such recovery is more than the amount 8093
normally charged for such a recovery. 8094
11. Wearing, presenting, or displaying a badge in the 8095
course of performing a repossession regulated by this chapter. 8096
Section 245. Subsection (6) of section 493.6120, Florida 8097
Statutes, is amended to read: 8098
493.6120 Violations; penalty.— 8099
(6) A person who was an owner, officer, partner, or 8100

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manager of an a licensed agency or a Class "DS" or "RS" school 8101
or training facility at the time of any activity that is the 8102
basis for revocation of the agency or branch office license or 8103
the school or training facility license and who knew or should 8104
have known of unlawful the activity shall have his or her 8105
personal licenses or approval suspended for 3 years and may not 8106
have any financial interest in or be employed in any capacity by 8107
an a licensed agency or a school or training facility during the 8108
period of suspension. 8109
Section 246. Subsection (2) of section 493.6123, Florida 8110
Statutes, is amended to read: 8111
493.6123 Publication to industry.— 8112
(2) The department shall develop and make available to 8113
each Class "C," Class "D," and Class "E" licensee and all 8114
provisional private investigators interns a pamphlet detailing 8115
in plain language the legal authority, rights, and obligations 8116
of his or her class of licensure. Within the pamphlet, the 8117
department should endeavor to present situations that the 8118
licensee may be expected to commonly encounter in the course of 8119
doing business pursuant to his or her specific license, and 8120
provide to the licensee information on his or her legal options, 8121
authority, limits to authority, and obligations. The department 8122
shall supplement this with citations to statutes and legal 8123
decisions, as well as a selected bibliography that would direct 8124
the licensee to materials the study of which would enhance his 8125

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or her professionalism. The department shall provide a single 8126
copy of the appropriate pamphlet without charge to each 8127
individual to whom a license is issued, but may charge for 8128
additional copies to recover its publication costs. The pamphlet 8129
shall be updated every 2 years as necessary to reflect rule or 8130
statutory changes, or court decisions. Intervening changes to 8131
the regulatory situation shall be noticed in the industry 8132
newsletter issued pursuant to subsection (1). 8133
Section 247. Section 493.6201, Florida Statutes, is 8134
amended to read: 8135
493.6201 Classes of licenses.— 8136
(1) Any person, firm, company, partnership, or corporation 8137
which engages in business as a private investigative agency 8138
shall have a Class "A" license. A Class "A" license is valid for 8139
all locations only one location. 8140
(2) Each branch office of a Class "A" agency shall have a 8141
Class "AA" license. Where a person, firm, company, partnership, 8142
or corporation holds both a Class "A" and Class "B" license, 8143
each additional or branch office shall have a Class "AB" 8144
license. 8145
(3) Any individual who performs the services of a manager 8146
for a: 8147
(a) Class "A" private investigative agency or Class "AA" 8148
branch office shall have a Class "MA" license. A Class "C" or 8149
Class "M" licensee may be designated as the manager, in which 8150

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case the Class "MA" license is not required. 8151
(b) Class "A" and "B" agency or a Class "AB" branch office 8152
shall have a Class "M" license. 8153
(4) Class "C" or Class "CC" licensees shall own or be an 8154
employee of a Class "A" agency, a Class "A" and Class "B" 8155
agency, or a branch office. This does not include those who are 8156
exempt under s. 493.6102, but who possess a Class "C" license 8157
solely for the purpose of holding a Class "G" license. 8158
(2)(5) Any individual who performs the services of a 8159
private investigator shall have a Class "C" license. 8160
(3)(6) Any individual who performs private investigative 8161
work as an provisional private investigator intern under the 8162
direction and control of a designated, sponsoring Class "C" 8163
licensee or a designated, sponsoring Class "MA" or Class "M" 8164
licensee must have a Class "CC" license. 8165
(4)(7) Only Class "M," Class "MA," Class "C," or Class 8166
"CC" licensees are permitted to bear a firearm, and any such 8167
licensee who bears a firearm shall also have a Class "G" 8168
license. 8169
(5)(8) A Class "C" or Class "CC" licensee may perform 8170
bodyguard services without obtaining a Class "D" license. 8171
Section 248. Section 493.6202, Florida Statutes, is 8172
amended to read: 8173
493.6202 Fees.— 8174
(1) The department shall establish by rule examination and 8175

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license fees, not to exceed a the following: 8176
(a) Class "A" license—private investigative agency: $450. 8177
(b) Class "AA" or "AB" license—branch office: $125. 8178
(c) Class "MA" license—private investigative agency 8179
manager: $75. 8180
(b)(d) Class "C" license—private investigator: $75. 8181
(c)(e) Class "CC" license—provisional private investigator 8182
intern: $60. 8183
(2) The department may establish by rule a fee for the 8184
replacement or revision of a license, which fee shall not exceed 8185
$30. 8186
(3) The fees set forth in this section must be paid by 8187
check or money order or, at the discretion of the department, by 8188
electronic funds transfer at the time the application is 8189
approved, except that the applicant for a Class "G," Class "C," 8190
or Class "CC," Class "M," or Class "MA" license must pay the 8191
license fee at the time the application is made. If a license is 8192
revoked or denied or if the application is withdrawn, the 8193
license fee is nonrefundable. 8194
(4) The initial license fee for a veteran, as defined in 8195
s. 1.01, shall be waived if he or she applies for a Class "C," 8196
or Class "CC," or Class "MA" license within 24 months after 8197
being discharged from any branch of the United States Armed 8198
Forces. An eligible veteran must include a copy of his or her DD 8199
Form 214, as issued by the United States Department of Defense, 8200

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or another acceptable form of identification as specified by the 8201
Department of Veterans' Affairs with his or her application in 8202
order to obtain a waiver. 8203
Section 249. Section 493.6203, Florida Statutes, is 8204
amended to read: 8205
493.6203 License requirements.—In addition to the license 8206
requirements set forth elsewhere in this chapter, each 8207
individual or agency shall comply with the following additional 8208
requirements: 8209
(1) Each agency or branch office shall designate a minimum 8210
of one appropriately licensed individual to act as manager, 8211
directing the activities of the Class "C" or Class "CC" 8212
employees. 8213
(2) An applicant for a Class "MA" license must have 2 8214
years of lawfully gained, verifiable, full-time experience, or 8215
training in: 8216
(a) Private investigative work or related fields of work 8217
that provided equivalent experience or training; 8218
(b) Work as a Class "CC" licensed intern; 8219
(c) Any combination of paragraphs (a) and (b); 8220
(d) Experience described in paragraph (a) for 1 year and 8221
experience described in paragraph (e) for 1 year; 8222
(e) No more than 1 year using: 8223
1. College coursework related to criminal justice, 8224
criminology, or law enforcement administration; or 8225

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2. Successfully completed law enforcement-related training 8226
received from any federal, state, county, or municipal agency; 8227
or 8228
(f) Experience described in paragraph (a) for 1 year and 8229
work in a managerial or supervisory capacity for 1 year. 8230
8231
However, experience in performing bodyguard services is not 8232
creditable toward the requirements of this subsection. 8233
(3) An applicant for a Class "M" license shall qualify for 8234
licensure as a Class "MA" manager as outlined under subsection 8235
(2) and as a Class "MB" manager as outlined under s. 8236
493.6303(2). 8237
(2)(4) An applicant for a Class "C" license shall have 6 8238
months 2 years of lawfully gained, verifiable, full-time 8239
experience, or training in one, or a combination of more than 8240
one, of the following: 8241
(a) Private investigative work or related fields of work 8242
that provided equivalent experience or training. 8243
(b) College coursework related to criminal justice, 8244
criminology, or law enforcement administration, or successful 8245
completion of any law enforcement-related training received from 8246
any federal, state, county, or municipal agency, except that no 8247
more than 1 year may be used from this category. 8248
(c) Work as a Class "CC" licensed provisional private 8249
investigator intern. 8250

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8251
However, experience in performing bodyguard services is not 8252
creditable toward the requirements of this subsection. 8253
(3)(5) An applicant for a Class "MA," Class "M," or Class 8254
"C" license must pass an examination that covers the provisions 8255
of this chapter and is administered by the department or by a 8256
provider approved by the department. The applicant must pass the 8257
examination before applying for licensure and must submit proof 8258
with the license application on a form approved by rule of the 8259
department that he or she has passed the examination. The 8260
administrator of the examination shall verify the identity of 8261
each applicant taking the examination. 8262
(a) The examination requirement in this subsection does 8263
not apply to an individual who holds a valid Class "CC," or 8264
Class "C," Class "MA," or Class "M" license. 8265
(b) Notwithstanding the exemption provided in paragraph 8266
(a), if the license of an applicant for relicensure has been 8267
invalid for more than 1 year, the applicant must take and pass 8268
the examination. 8269
(c) The department shall establish by rule the content of 8270
the examination, the manner and procedure of its administration, 8271
and an examination fee that may not exceed $100. 8272
(4)(a)(6)(a) A Class "CC" licensee must serve an 8273
internship under the direction and control of a designated 8274
sponsor, who is a Class "C," Class "MA," or Class "M" licensee. 8275

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(b) Before submission of an application to the department, 8276
the applicant for a Class "CC" license must have completed a 8277
minimum of 40 hours of professional training pertaining to 8278
general investigative techniques and this chapter, which course 8279
is offered by a state university or by a school, community 8280
college, college, or university under the purview of the 8281
Department of Education, and the applicant must pass an 8282
examination. The certificate evidencing satisfactory completion 8283
of the 40 hours of professional training must be submitted with 8284
the application for a Class "CC" license. The training specified 8285
in this paragraph may be provided by face-to-face presentation, 8286
online technology, or a home study course in accordance with 8287
rules and procedures of the Department of Education. The 8288
administrator of the examination must verify the identity of 8289
each applicant taking the examination. 8290
1. Upon an applicant's successful completion of each part 8291
of the approved training and passage of any required 8292
examination, the school, community college, college, or 8293
university shall issue a certificate of completion to the 8294
applicant. The certificates must be on a form established by 8295
rule of the department. 8296
2. The department shall establish by rule the general 8297
content of the professional training and the examination 8298
criteria. 8299
3. If the license of an applicant for relicensure is 8300

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invalid for more than 1 year, the applicant must complete the 8301
required training and pass any required examination. 8302
(c) An individual licensed on or before August 31, 2008, 8303
is not required to complete additional training hours in order 8304
to renew an active license beyond the total required hours, and 8305
the timeframe for completion in effect at the time he or she was 8306
licensed applies. 8307
(5)(7) In addition to any other requirement, an applicant 8308
for a Class "G" license shall satisfy the firearms training set 8309
forth in s. 493.6115. 8310
Section 250. Section 493.6301, Florida Statutes, is 8311
amended to read: 8312
493.6301 Classes of licenses.— 8313
(1) Any person, firm, company, partnership, or corporation 8314
which engages in business as a security agency shall have a 8315
Class "B" license. A Class "B" license is valid for only one 8316
location. 8317
(2) Each branch office of a Class "B" agency shall have a 8318
Class "BB" license. Where a person, firm, company, partnership, 8319
or corporation holds both a Class "A" and Class "B" license, 8320
each branch office shall have a Class "AB" license. 8321
(3) Any individual who performs the services of a manager 8322
for a: 8323
(a) Class "B" security agency or Class "BB" branch office 8324
shall have a Class "MB" license. A Class "M" licensee, or a 8325

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Class "D" licensee who has been so licensed for a minimum of 2 8326
years, may be designated as the manager, in which case the Class 8327
"MB" license is not required. 8328
(b) Class "A" and Class "B" agency or a Class "AB" branch 8329
office shall have a Class "M" license. 8330
(4) A Class "D" licensee shall own or be an employee of a 8331
Class "B" security agency or branch office. This does not 8332
include those individuals who are exempt under s. 493.6102(4) 8333
but who possess a Class "D" license solely for the purpose of 8334
holding a Class "G" license. 8335
(2)(5) Any individual who performs the services of a 8336
security officer shall have a Class "D" license. However, a 8337
Class "C" licensee or a Class "CC" licensee may perform 8338
bodyguard services without a Class "D" license. 8339
(3)(6) Only Class "M," Class "MB," or Class "D" licensees 8340
are permitted to bear a firearm, and any such licensee who bears 8341
a firearm shall also have a Class "G" license. 8342
(4)(7) Any person who operates a security officer school 8343
or training facility must have a Class "DS" license. 8344
(5)(8) Any individual who teaches or instructs at a Class 8345
"DS" security officer school or training facility must have a 8346
Class "DI" license. 8347
Section 251. Section 493.6302, Florida Statutes, is 8348
amended to read: 8349
493.6302 Fees.— 8350

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(1) The department shall establish by rule license fees, 8351
not to exceed the following: 8352
(a) Class "B" license—security agency: $450. 8353
(b) Class "BB" or Class "AB" license—branch office: $125. 8354
(c) Class "MB" license—security agency manager: $75. 8355
(a)(d) Class "D" license—security officer: $45. 8356
(b)(e) Class "DS" license—security officer school or 8357
training facility: $60. 8358
(c)(f) Class "DI" license—security officer school or 8359
training facility instructor: $60. 8360
(2) The department may establish by rule a fee for the 8361
replacement or revision of a license, which fee shall not exceed 8362
$30. 8363
(3) The fees set forth in this section must be paid by 8364
check or money order or, at the discretion of the department, by 8365
electronic funds transfer at the time the application is 8366
approved, except that the applicant for a Class "D," or Class 8367
"G," Class "M," or Class "MB" license must pay the license fee 8368
at the time the application is made. If a license is revoked or 8369
denied or if the application is withdrawn, the license fee is 8370
nonrefundable. 8371
(4) The initial license fee for a veteran, as defined in 8372
s. 1.01, shall be waived if he or she applies for a Class "D," 8373
or Class "DI," or Class "MB" license within 24 months after 8374
being discharged from any branch of the United States Armed 8375

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Forces. An eligible veteran must include a copy of his or her DD 8376
Form 214, as issued by the United States Department of Defense, 8377
or another acceptable form of identification as specified by the 8378
Department of Veterans' Affairs with his or her application in 8379
order to obtain a waiver. 8380
Section 252. Subsections (2) and (3) of section 493.6303, 8381
Florida Statutes, are amended to read: 8382
493.6303 License requirements.—In addition to the license 8383
requirements set forth elsewhere in this chapter, each 8384
individual or agency must comply with the following additional 8385
requirements: 8386
8387
(2) An applicant for a Class "MB" license shall have 2 8388
years of lawfully gained, verifiable, full-time experience, or 8389
training in: 8390
(a) Security work or related fields of work that provided 8391
equivalent experience or training; 8392
(b) Experience described in paragraph (a) for 1 year and 8393
experience described in paragraph (c) for 1 year; 8394
(c) No more than 1 year using: 8395
1. Either college coursework related to criminal justice, 8396
criminology, or law enforcement administration; or 8397
2. Successfully completed law enforcement-related training 8398
received from any federal, state, county, or municipal agency; 8399
or 8400

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(d) Experience described in paragraph (a) for 1 year and 8401
work in a managerial or supervisory capacity for 1 year. 8402
(3) An applicant for a Class "M" license shall qualify for 8403
licensure as a Class "MA" manager as outlined under s. 8404
493.6203(2) and as a Class "MB" manager as outlined under 8405
subsection (2). 8406
Section 253. Subsection (1) of section 493.6304, Florida 8407
Statutes, is amended to read: 8408
493.6304 Security officer school or training facility.— 8409
(1) Any school, training facility, or instructor who 8410
offers the training specified in s. 493.6303(2) s. 493.6303(4) 8411
for Class "D" applicants shall, before licensure of such school, 8412
training facility, or instructor, file with the department an 8413
application accompanied by an application fee in an amount to be 8414
determined by rule, not to exceed $60. The fee is not 8415
refundable. 8416
Section 254. Subsection (2) of section 493.631, Florida 8417
Statutes, is amended to read: 8418
493.631 Temporary detention by a licensed security officer 8419
or licensed security agency manager at critical infrastructure 8420
facilities.— 8421
(2) As used in this section, the terms "security officer" 8422
and "security agency manager" mean a security officer or 8423
security agency manager who possess a valid Class "D" or Class 8424
"MB" license pursuant to s. 493.6301 and a valid Class "G" 8425

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license pursuant to s. 493.6115. 8426
Section 255. Section 493.6401, Florida Statutes, is 8427
amended to read: 8428
493.6401 Classes of licenses.— 8429
(1) Any person, firm, company, partnership, or corporation 8430
which engages in business as a recovery agency shall have a 8431
Class "R" license. A Class "R" license is valid for any only one 8432
location. 8433
(2) Each branch office of a Class "R" agency shall have a 8434
Class "RR" license. 8435
(3) Any individual who performs the services of a manager 8436
for a Class "R" recovery agency or a Class "RR" branch office 8437
must have a Class "MR" license. A Class "E" licensee may be 8438
designated as the manager, in which case the Class "MR" license 8439
is not required. 8440
(2)(4) Any individual who performs the services of a 8441
recovery agent must have a Class "E" license. 8442
(5) Any individual who performs repossession as an intern 8443
under the direction and control of a designated, sponsoring 8444
Class "E" licensee or a designated, sponsoring Class "MR" 8445
licensee shall have a Class "EE" license. 8446
(3)(6) Class "E" or Class "EE" licensees shall own or be 8447
an employee of a Class "R" agency or branch office. 8448
(4)(7) Any person who operates a recovery agent school or 8449
training facility or who conducts an Internet-based training 8450

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course or a correspondence training course must have a Class 8451
"RS" license. 8452
(5)(8) Any individual who teaches or instructs at a Class 8453
"RS" recovery agent school or training facility shall have a 8454
Class "RI" license. 8455
Section 256. Section 493.6402, Florida Statutes, is 8456
amended to read: 8457
493.6402 Fees.— 8458
(1) The department shall establish by rule license fees 8459
not to exceed the following: 8460
(a) Class "R" license—recovery agency: $450. 8461
(b) Class "RR" license—branch office: $125. 8462
(c) Class "MR" license—recovery agency manager: $75. 8463
(b)(d) Class "E" license—recovery agent: $75. 8464
(e) Class "EE" license—recovery agent intern: $60. 8465
(c)(f) Class "RS" license—recovery agent school or 8466
training facility: $60. 8467
(d)(g) Class "RI" license—recovery agent school or 8468
training facility instructor: $60. 8469
(2) The department may establish by rule a fee for the 8470
replacement or revision of a license, which fee shall not exceed 8471
$30. 8472
(3) The fees set forth in this section must be paid by 8473
check or money order, or, at the discretion of the department, 8474
by electronic funds transfer at the time the application is 8475

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approved, except that the applicant for a Class "E," Class "EE," 8476
or Class "MR" license must pay the license fee at the time the 8477
application is made. If a license is revoked or denied, or if an 8478
application is withdrawn, the license fee is nonrefundable. 8479
(4) The initial license fee for a veteran, as defined in 8480
s. 1.01, shall be waived if he or she applies for a Class "E," 8481
Class "EE," Class "MR," or Class "RI" license within 24 months 8482
after being discharged from any branch of the United States 8483
Armed Forces. An eligible veteran must include a copy of his or 8484
her DD Form 214, as issued by the United States Department of 8485
Defense, or another acceptable form of identification as 8486
specified by the Department of Veterans' Affairs with his or her 8487
application in order to obtain a waiver. 8488
Section 257. Section 493.6403, Florida Statutes, is 8489
amended to read: 8490
493.6403 License requirements.— 8491
(1) In addition to the license requirements set forth in 8492
this chapter, each individual or agency shall comply with the 8493
following additional requirements: 8494
(a) Each agency or branch office must designate a minimum 8495
of one appropriately licensed individual to act as manager, 8496
directing the activities of the Class "E" or Class "EE" 8497
employees. A Class "E" licensee may be designated to act as 8498
manager of a Class "R" agency or branch office in which case the 8499
Class "MR" license is not required. 8500

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(b) An applicant for Class "MR" license shall have at 8501
least 1 year of lawfully gained, verifiable, full-time 8502
experience as a Class "E" licensee performing repossessions of 8503
motor vehicles, mobile homes, motorboats, aircraft, personal 8504
watercraft, all-terrain vehicles, farm equipment, or industrial 8505
equipment. 8506
(b)(c) An applicant for a Class "E" license shall have at 8507
least 1 year of lawfully gained, verifiable, full-time 8508
experience in one, or a combination of more than one, of the 8509
following: 8510
1. repossession of motor vehicles as defined in s. 8511
320.01(1), mobile homes as defined in s. 320.01(2), motorboats 8512
as defined in s. 327.02, aircraft as defined in s. 330.27, 8513
personal watercraft as defined in s. 327.02, all-terrain 8514
vehicles as defined in s. 316.2074, farm equipment as defined 8515
under s. 686.402, or industrial equipment as defined in s. 8516
493.6101(22). 8517
2. Work as a Class "EE" licensed intern. 8518
(2) An applicant for a Class "E" or a Class "EE" license 8519
must submit proof of successful completion of 40 hours of 8520
professional training at a school or training facility licensed 8521
by the department. The department shall by rule establish the 8522
general content for the training. 8523
Section 258. Subsection (1) of section 493.6406, Florida 8524
Statutes, is amended to read: 8525

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493.6406 Recovery agent school or training facility.— 8526
(1) Any school, training facility, or instructor who 8527
offers the training outlined in s. 493.6403(2) for Class "E" or 8528
Class "EE" applicants shall, before licensure of such school, 8529
training facility, or instructor, file with the department an 8530
application accompanied by an application fee in an amount to be 8531
determined by rule, not to exceed $60. The fee shall not be 8532
refundable. This training may be offered as face-to-face 8533
training, Internet-based training, or correspondence training. 8534
Section 259. Paragraph (b) of subsection (1) of section 8535
499.067, Florida Statutes, is amended to read: 8536
499.067 Denial, suspension, or revocation of permit, 8537
certification, or registration.— 8538
(1) 8539
(b) The department may deny an application for a permit or 8540
certification, or suspend or revoke a permit or certification, 8541
if the department finds that: 8542
1. The applicant is not of good moral character or that it 8543
would be a danger or not in the best interest of the public 8544
health, safety, and welfare if the applicant were issued a 8545
permit or certification. 8546
2. The applicant has not met the requirements for the 8547
permit or certification. 8548
3. The applicant is not eligible for a permit or 8549
certification for any of the reasons enumerated in s. 499.012. 8550

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4. The applicant, or permittee, or person certified under 8551
s. 499.012(15) demonstrates any of the conditions enumerated in 8552
s. 499.012. 8553
5. The applicant, or permittee, or person certified under 8554
s. 499.012(15) has committed any violation of this chapter. 8555
Section 260. Subsection (2) of section 501.015, Florida 8556
Statutes, is amended to read: 8557
501.015 Health studios; registration requirements and 8558
fees.—Each health studio shall: 8559
(2) Remit a an annual registration fee every 4 years of 8560
$300 to the department at the time of registration for each of 8561
the health studio's business locations. 8562
(a) The department shall waive the initial registration 8563
fee for an honorably discharged veteran of the United States 8564
Armed Forces, the spouse or surviving spouse of such a veteran, 8565
a current member of the United States Armed Forces who has 8566
served on active duty, the spouse of such a member, the 8567
surviving spouse of a member of the United States Armed Forces 8568
if the member died while serving on active duty, or a business 8569
entity that has a majority ownership held by such a veteran or 8570
spouse or surviving spouse if the department receives an 8571
application, in a format prescribed by the department. The 8572
application format must include the applicant's signature, under 8573
penalty of perjury, and supporting documentation. To qualify for 8574
the waiver: 8575

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1. A veteran must provide to the department a copy of his 8576
or her DD Form 214, as issued by the United States Department of 8577
Defense, or another acceptable form of identification as 8578
specified by the Department of Veterans' Affairs; 8579
2. The spouse or surviving spouse of a veteran must 8580
provide to the department a copy of the veteran's DD Form 214, 8581
as issued by the United States Department of Defense, or another 8582
acceptable form of identification as specified by the Department 8583
of Veterans' Affairs, and a copy of a valid marriage license or 8584
certificate verifying that he or she was lawfully married to the 8585
veteran at the time of discharge; or 8586
3. A business entity must provide to the department proof 8587
that a veteran or the spouse or surviving spouse of a veteran 8588
holds a majority ownership in the business, a copy of the 8589
veteran's DD Form 214, as issued by the United States Department 8590
of Defense, or another acceptable form of identification as 8591
specified by the Department of Veterans' Affairs, and, if 8592
applicable, a copy of a valid marriage license or certificate 8593
verifying that the spouse or surviving spouse of the veteran was 8594
lawfully married to the veteran at the time of discharge. 8595
(b) The department shall waive the registration renewal 8596
fee for a registrant who: 8597
1. Is an active duty member of the United States Armed 8598
Forces or the spouse of such member; 8599
2. Is or was a member of the United States Armed Forces 8600

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and served on active duty within the 2 years preceding the 8601
renewal date. To qualify for the fee waiver, a registrant who is 8602
a former member of the United States Armed Forces who served on 8603
active duty within the 2 years preceding the expiration date of 8604
the registration must have received an honorable discharge upon 8605
separation or discharge from the United States Armed Forces; or 8606
3. Is the surviving spouse of a member of the United 8607
States Armed Forces if the member was serving on active duty at 8608
the time of death and died within the 2 years preceding the date 8609
of renewal. 8610
8611
A registrant seeking such waiver must apply in a format 8612
prescribed by the department, including the applicant's 8613
signature, under penalty of perjury, and supporting 8614
documentation. 8615
Section 261. Subsections (1) and (5) of section 501.609, 8616
Florida Statutes, are amended to read: 8617
501.609 License renewal.— 8618
(1) Each person licensed under the provisions of this part 8619
must renew his or her license every 4 years annually by paying 8620
the fee for licensing and submitting to the department the 8621
application required by this part. 8622
(5) The department shall waive the annual fee to renew for 8623
a licensee who: 8624
(a) Is an active duty member of the United States Armed 8625

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Forces or the spouse of such member; 8626
(b) Is or was a member of the United States Armed Forces, 8627
and served on active duty within the 2 years preceding the 8628
renewal date. To qualify for the fee waiver, a licensee who is a 8629
former member of the United States Armed Forces who served on 8630
active duty within the 2 years preceding the expiration date of 8631
the registration must have received an honorable discharge upon 8632
separation or discharge from the United States Armed Forces; or 8633
(c) Is the surviving spouse of a member of the United 8634
States Armed Forces if the member was serving on active duty at 8635
the time of death and died within the 2 years preceding the 8636
renewal. 8637
8638
A licensee seeking such waiver must apply in a format prescribed 8639
by the department, including the applicant's signature, under 8640
penalty of perjury, and supporting documentation. 8641
Section 262. Subsection (4) of section 507.03, Florida 8642
Statutes, is amended to read: 8643
507.03 Registration.— 8644
(4) A registration must be renewed every 4 years 8645
biennially on or before its expiration date. In order to 8646
establish staggered expiration dates, the department may extend 8647
the expiration date of a registration for a period not to exceed 8648
12 months. 8649
Section 263. Subsection (3) of section 514.0315, Florida 8650

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Statutes, is amended to read: 8651
514.0315 Required safety features for public swimming 8652
pools and spas.— 8653
(3) The determination and selection of a feature under 8654
subsection (2) for a public swimming pool or spa constructed 8655
before January 1, 1993, is at the sole discretion of the owner 8656
or operator of the public swimming pool or spa. A licensed 8657
contractor described in s. 489.105(2)(j), (k), or (l) s. 8658
489.105(3)(j), (k), or (l) must install the feature. 8659
Section 264. Section 514.075, Florida Statutes, is amended 8660
to read: 8661
514.075 Public pool service technician; certification.—The 8662
department may require that a public pool, as defined in s. 8663
514.011, be serviced by a person certified as a pool service 8664
technician. To be certified, an individual must demonstrate 8665
knowledge of public pools which includes, but is not limited to: 8666
pool cleaning; general pool maintenance; source of the water 8667
supply; bacteriological, chemical, and physical quality of 8668
water; and water purification, testing, treatment, and 8669
disinfection procedures. The department may, by rule, establish 8670
the requirement for the certification course and course 8671
approval. The department shall deem certified any individual who 8672
is certified by a course of national recognition or any person 8673
licensed under s. 489.105(2)(j), (k), or (l) s. 489.105(3)(j), 8674
(k), or (l). This requirement does not apply to a person, or the 8675

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direct employee of a person, permitted as a public pool operator 8676
under s. 514.031. 8677
Section 265. Section 527.03, Florida Statutes, is amended 8678
to read: 8679
527.03 Renewal of license.—All licenses required under 8680
this chapter shall be renewed every 4 years annually, 8681
biennially, or triennially, as elected by the licensee, subject 8682
to the license fees prescribed in s. 527.02. All renewals must 8683
meet the same requirements and conditions as an annual license 8684
for each licensed year. Any license allowed to expire will 8685
become inoperative because of failure to renew. The fee for 8686
restoration of a license is equal to the original license fee 8687
and must be paid before the licensee may resume operations. 8688
Section 266. Paragraph (c) of subsection (3) of section 8689
539.001, Florida Statutes, is amended to read: 8690
539.001 The Florida Pawnbroking Act.— 8691
(3) LICENSE REQUIRED.— 8692
(c) Each license is valid for a period of 4 years 1 year 8693
unless it is earlier relinquished, suspended, or revoked. Each 8694
license shall be renewed every 4 years annually, and each 8695
licensee shall, initially and annually thereafter, pay to the 8696
agency a license fee of $300 for each license held. The agency 8697
shall waive the initial license fee for an honorably discharged 8698
veteran of the United States Armed Forces, the spouse or 8699
surviving spouse of such a veteran, a current member of the 8700

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United States Armed Forces who has served on active duty, the 8701
spouse of such a member, the surviving spouse of a member of the 8702
United States Armed Forces if the member died while serving on 8703
active duty, or a business entity that has a majority ownership 8704
held by such a veteran or spouse or surviving spouse if the 8705
agency receives an application, in a format prescribed by the 8706
agency. The application format must include the applicant's 8707
signature, under penalty of perjury, and supporting 8708
documentation. To qualify for the waiver: 8709
1. A veteran must provide to the agency a copy of his or 8710
her DD Form 214, as issued by the United States Department of 8711
Defense, or another acceptable form of identification as 8712
specified by the Department of Veterans' Affairs; 8713
2. The spouse or surviving spouse of a veteran must 8714
provide to the agency a copy of the veteran's DD Form 214, as 8715
issued by the United States Department of Defense, or another 8716
acceptable form of identification as specified by the Department 8717
of Veterans' Affairs, and a copy of a valid marriage license or 8718
certificate verifying that he or she was lawfully married to the 8719
veteran at the time of discharge; or 8720
3. A business entity must provide to the agency proof that 8721
a veteran or the spouse or surviving spouse of a veteran holds a 8722
majority ownership in the business, a copy of the veteran's DD 8723
Form 214, as issued by the United States Department of Defense, 8724
or another acceptable form of identification as specified by the 8725

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Department of Veterans' Affairs, and, if applicable, a copy of a 8726
valid marriage license or certificate verifying that the spouse 8727
or surviving spouse of the veteran was lawfully married to the 8728
veteran at the time of discharge. 8729
Section 267. Subsection (10) of section 553.79, Florida 8730
Statutes, is amended to read: 8731
553.79 Permits; applications; issuance; inspections.— 8732
(10) No enforcing agency may issue a building permit for 8733
construction of any threshold building except to a licensed 8734
general contractor, as defined in s. 489.105(2)(a) s. 8735
489.105(3)(a), or to a licensed building contractor, as defined 8736
in s. 489.105(2)(b) s. 489.105(3)(b), within the scope of her or 8737
his license. The named contractor to whom the building permit is 8738
issued shall have the responsibility for supervision, direction, 8739
management, and control of the construction activities on the 8740
project for which the building permit was issued. 8741
Section 268. Paragraph (d) of subsection (1) of section 8742
553.791, Florida Statutes, is amended to read: 8743
553.791 Alternative plans review and inspection.— 8744
(1) As used in this section, the term: 8745
(d) "Building code inspection services" means those 8746
services described in s. 468.603 (4) and (7) s. 468.603(5) and 8747
(8) involving the review of building plans as well as those 8748
services involving the review of site plans and site work 8749
engineering plans or their functional equivalent, to determine 8750

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compliance with applicable codes and those inspections required 8751
by law, conducted either in person or virtually, of each phase 8752
of construction for which permitting by a local enforcement 8753
agency is required to determine compliance with applicable 8754
codes. 8755
Section 269. Section 553.998, Florida Statutes, is amended 8756
to read: 8757
553.998 Compliance.—All ratings must be determined using 8758
tools and procedures developed by the systems recognized under 8759
this part and must be certified by the rater as accurate and 8760
correct and in compliance with procedures of the system under 8761
which the rater is certified. The local enforcement agency shall 8762
accept duct and air infiltration tests conducted in accordance 8763
with the Florida Building Code, 5th Edition (2014) Energy 8764
Conservation, by individuals as defined in s. 553.993(5) or (7) 8765
or individuals licensed as set forth in s. 489.105(2)(f), (g), 8766
or (i) s. 489.105(3)(f), (g), or (i). The local enforcement 8767
agency may accept inspections in whole or in part by individuals 8768
as defined in s. 553.993(5) or (7). 8769
Section 270. Subsections (2), (5), and (8) of section 8770
559.904, Florida Statutes, are amended to read: 8771
559.904 Motor vehicle repair shop registration; 8772
application; exemption.— 8773
(2) Any motor vehicle repair shop maintaining more than 8774
one place of business may file a single application every 4 8775

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years biennially, which, along with the other information 8776
required by this part, clearly indicates the location of and the 8777
individual in charge of each facility or in the case of a mobile 8778
motor vehicle repair shop, the home address of the owner, if 8779
different from the business address. In such case, fees shall be 8780
paid for each place of business. 8781
(5) No biennial registration fee is required for any motor 8782
vehicle repair shop which has a local municipal or county 8783
license issued pursuant to an ordinance containing standards 8784
which the department determines are at least equal to the 8785
requirements of this part, or for any motor vehicle dealer 8786
licensed pursuant to chapter 320. 8787
(8) Each registration must be renewed biennially on or 8788
before the expiration date of the current registration. A late 8789
fee of $25 shall be paid, in addition to the registration fee or 8790
any other penalty, for any registration renewal application that 8791
is received by the department after the expiration date of the 8792
current registration. The department may not issue the 8793
registration until all fees are paid. 8794
Section 271. Subsection (3) of section 559.928, Florida 8795
Statutes, is amended to read: 8796
559.928 Registration.— 8797
(3) Each independent agent shall annually file an 8798
application with the department every 4 years before engaging in 8799
business in this state. This application must include the 8800

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independent agent's full name, legal business or trade name, 8801
mailing address, business address, telephone number, and the 8802
name and address of each seller of travel represented by the 8803
independent agent. A letter evidencing proof of filing must be 8804
issued by the department and must be prominently displayed in 8805
the independent agent's primary place of business. Each 8806
independent agent must also submit a an annual registration fee 8807
of $50. All moneys collected pursuant to the imposition of the 8808
fee shall be deposited by the Chief Financial Officer into the 8809
General Inspection Trust Fund of the Department of Agriculture 8810
and Consumer Services for the sole purpose of administrating 8811
this part. As used in this subsection, the term "independent 8812
agent" means a person who represents a seller of travel by 8813
soliciting persons on its behalf; who has a written contract 8814
with a seller of travel which is operating in compliance with 8815
this part and any rules adopted thereunder; who does not receive 8816
a fee, commission, or other valuable consideration directly from 8817
the purchaser for the seller of travel; who does not at any time 8818
have any unissued ticket stock or travel documents in his or her 8819
possession; and who does not have the ability to issue tickets, 8820
vacation certificates, or any other travel document. The term 8821
"independent agent" does not include an affiliate of the seller 8822
of travel, as that term is used in s. 559.935(3), or the 8823
employees of the seller of travel or of such affiliates. 8824
Section 272. Paragraph (a) of subsection (2) of section 8825

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627.192, Florida Statutes, is amended to read: 8826
627.192 Workers' compensation insurance; employee leasing 8827
arrangements.— 8828
(2) For purposes of the Florida Insurance Code: 8829
(a) "Employee leasing" shall have the same meaning as 8830
provided in s. 468.520(3) set forth in s. 468.520(4). 8831
Section 273. Subsection (6) of section 633.216, Florida 8832
Statutes, is amended to read: 8833
633.216 Inspection of buildings and equipment; orders; 8834
firesafety inspection training requirements; certification; 8835
disciplinary action.—The State Fire Marshal and her or his 8836
agents or persons authorized to enforce laws and rules of the 8837
State Fire Marshal shall, at any reasonable hour, when the State 8838
Fire Marshal has reasonable cause to believe that a violation of 8839
this chapter or s. 509.215, or a rule adopted thereunder, or a 8840
minimum firesafety code adopted by the State Fire Marshal or a 8841
local authority, may exist, inspect any and all buildings and 8842
structures which are subject to the requirements of this chapter 8843
or s. 509.215 and rules adopted thereunder. The authority to 8844
inspect shall extend to all equipment, vehicles, and chemicals 8845
which are located on or within the premises of any such building 8846
or structure. 8847
(6) The division and the Florida Building Code 8848
Administrators and Inspectors Board, established pursuant to s. 8849
468.605, shall enter into a reciprocity agreement to facilitate 8850

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joint recognition of continuing education recertification hours 8851
for certificateholders licensed under s. 468.609 and firesafety 8852
inspectors certified under subsection (2). 8853
Section 274. Subsection (8) of section 713.01, Florida 8854
Statutes, is amended to read: 8855
713.01 Definitions.—As used in this part, the term: 8856
(8) "Contractor" means a person other than a materialman 8857
or laborer who enters into a contract with the owner of real 8858
property for improving it or who takes over from a contractor as 8859
so defined the entire remaining work under such contract. The 8860
term "contractor" includes an architect, landscape architect, or 8861
engineer who improves real property pursuant to a design-build 8862
contract authorized by s. 489.103(16). The term also includes a 8863
licensed general contractor or building contractor, as those 8864
terms are defined in s. 489.105(2)(a) and (b) s. 489.105(3)(a) 8865
and (b), respectively, who provides construction management 8866
services, which include scheduling and coordinating 8867
preconstruction and construction phases for the construction 8868
project, or who provides program management services, which 8869
include schedule control, cost control, and coordinating the 8870
provision or procurement of planning, design, and construction 8871
for the construction project. 8872
Section 275. Subsection (4) of section 259.1053, Florida 8873
Statutes, is amended, to read: 8874
259.1053 Babcock Ranch Preserve; Babcock Ranch Advisory 8875

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Group.— 8876
(4) BABCOCK RANCH ADVISORY GROUP.— 8877
(a) The purpose of the Babcock Ranch Advisory Group is to 8878
assist the department by providing guidance and advice 8879
concerning the management and stewardship of the Babcock Ranch 8880
Preserve. 8881
(b) The Babcock Ranch Advisory Group shall be comprised of 8882
nine members appointed to 5-year terms. Based on recommendations 8883
from the Governor and Cabinet, the commission, and the governing 8884
boards of Charlotte County and Lee County, the commissioner 8885
shall appoint members as follows: 8886
1. One member with experience in sustainable management of 8887
forest lands for commodity purposes. 8888
2. One member with experience in financial management, 8889
budget and program analysis, and small business operations. 8890
3. One member with experience in management of game and 8891
nongame wildlife and fish populations, including hunting, 8892
fishing, and other recreational activities. 8893
4. One member with experience in domesticated livestock 8894
management, production, and marketing, including range 8895
management and livestock business management. 8896
5. One member with experience in agriculture operations or 8897
forestry management. 8898
6. One member with experience in hunting, fishing, nongame 8899
species management, or wildlife habitat management, restoration, 8900

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and conservation. 8901
7. One member with experience in public outreach and 8902
education. 8903
8. One member who is a resident of Lee County, to be 8904
designated by the Board of County Commissioners of Lee County. 8905
9. One member who is a resident of Charlotte County, to be 8906
designated by the Board of County Commissioners of Charlotte 8907
County. 8908
8909
Vacancies will be filled in the same manner in which the 8910
original appointment was made. A member appointed to fill a 8911
vacancy shall serve for the remainder of that term. 8912
(c) Members of the Babcock Ranch Advisory Group shall: 8913
1. Elect a chair and vice chair from among the group 8914
members. 8915
2. Meet regularly as determined by the chair. 8916
3. Serve without compensation but shall receive 8917
reimbursement for travel and per diem expenses as provided in s. 8918
112.061. 8919
Section 276. Subsection (2) of section 399.035, Florida 8920
Statutes, is amended to read: 8921
399.035 Elevator accessibility requirements for the 8922
physically handicapped.— 8923
(2) Any building that is more than three stories high or 8924
in which the vertical distance between the bottom terminal 8925

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landing and the top terminal landing exceeds 25 feet must be 8926
constructed to contain at least one passenger elevator that is 8927
operational and will accommodate an ambulance stretcher size 8928
specified in the edition of the Florida Building Code that was 8929
in effect at the time of receipt of an application for 8930
construction permit for the elevator 76 inches long and 24 8931
inches wide in the horizontal position. 8932
Section 277. Paragraph (a) of subsection (3) of section 8933
455.02, Florida Statutes, is amended to read: 8934
455.02 Licensure of members of the Armed Forces in good 8935
standing and their spouses or surviving spouses with 8936
administrative boards or programs.— 8937
(3)(a) The department shall issue a professional license 8938
to an applicant who is or was an active duty member of the Armed 8939
Forces of the United States, or who is a spouse or surviving 8940
spouse of such member, upon application to the department in a 8941
format prescribed by the department. An application must include 8942
proof that: 8943
1. The applicant is or was an active duty member of the 8944
Armed Forces of the United States or is married to a member of 8945
the Armed Forces of the United States and was married to the 8946
member during any period of active duty or was married to such a 8947
member who at the time of the member's death was serving on 8948
active duty. An applicant who was an active duty member of the 8949
Armed Forces of the United States must have received an 8950

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honorable discharge upon separation or discharge from the Armed 8951
Forces of the United States. 8952
2. The applicant holds a valid license for the profession 8953
issued by another state, the District of Columbia, any 8954
possession or territory of the United States, or any foreign 8955
jurisdiction. 8956
3. The applicant, where required by the specific practice 8957
act, has complied with insurance or bonding requirements. 8958
4.a. A complete set of the applicant's fingerprints is 8959
submitted to the Department of Law Enforcement for a statewide 8960
criminal history check for those professions that require 8961
fingerprints for initial licensure. 8962
b. The Department of Law Enforcement shall forward the 8963
fingerprints submitted pursuant to sub-subparagraph a. to the 8964
Federal Bureau of Investigation for a national criminal history 8965
check. The department shall, and the board may, review the 8966
results of the criminal history checks according to the level 2 8967
screening standards in s. 435.04 and determine whether the 8968
applicant meets the licensure requirements. The costs of 8969
fingerprint processing shall be borne by the applicant. If the 8970
applicant's fingerprints are submitted through an authorized 8971
agency or vendor, the agency or vendor must shall collect the 8972
required processing fees and remit the fees to the Department of 8973
Law Enforcement. 8974
Section 278. Subsection (1), paragraph (c) of subsection 8975

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(2), subsections (4) and (5), paragraphs (b) and (e) of 8976
subsection (6), paragraphs (a) and (c) of subsection (7), and 8977
subsections (8) and (10) of section 468.609, Florida Statutes, 8978
are amended to read: 8979
468.609 Administration of this part; standards for 8980
certification; additional categories of certification.— 8981
(1) Except as provided in this part, any person who 8982
desires to be certified shall apply to the department board, in 8983
writing upon forms approved and furnished by the department 8984
board, to take the certification examination. 8985
(2) A person may take the examination for certification as 8986
a building code inspector or plans examiner pursuant to this 8987
part if the person: 8988
(c) Meets eligibility requirements according to one of the 8989
following criteria: 8990
1. Demonstrates 4 years' combined experience in the field 8991
of construction or a related field, building code inspection, or 8992
plans review corresponding to the certification category sought; 8993
2. Demonstrates a combination of postsecondary education 8994
in the field of construction or a related field and experience 8995
which totals 3 years, with at least 1 year of such total being 8996
experience in construction, building code inspection, or plans 8997
review; 8998
3. Demonstrates a combination of technical education in 8999
the field of construction or a related field and experience 9000

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which totals 3 years, with at least 1 year of such total being 9001
experience in construction, building code inspection, or plans 9002
review; 9003
4. Currently holds a standard certificate issued by the 9004
department board or a firesafety inspector license issued under 9005
chapter 633, with a minimum of 3 years' verifiable full-time 9006
experience in firesafety inspection or firesafety plan review, 9007
and has satisfactorily completed a building code inspector or 9008
plans examiner training program that provides at least 100 hours 9009
but not more than 200 hours of cross-training in the 9010
certification category sought. The department board shall 9011
establish by rule criteria for the development and 9012
implementation of the training programs. The department board 9013
must accept all classroom training offered by an approved 9014
provider if the content substantially meets the intent of the 9015
classroom component of the training program; 9016
5. Demonstrates a combination of the completion of an 9017
approved training program in the field of building code 9018
inspection or plan review and a minimum of 2 years' experience 9019
in the field of building code inspection, plan review, fire code 9020
inspections and fire plans review of new buildings as a 9021
firesafety inspector certified under s. 633.216, or 9022
construction. The approved training portion of this requirement 9023
must include proof of satisfactory completion of a training 9024
program that provides at least 200 hours but not more than 300 9025

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hours of cross-training that is approved by the department board 9026
in the chosen category of building code inspection or plan 9027
review in the certification category sought with at least 20 9028
hours but not more than 30 hours of instruction in state laws, 9029
rules, and ethics relating to professional standards of 9030
practice, duties, and responsibilities of a certificateholder. 9031
The department board shall coordinate with the Building 9032
Officials Association of Florida, Inc., to establish by rule the 9033
development and implementation of the training program. However, 9034
the department board must accept all classroom training offered 9035
by an approved provider if the content substantially meets the 9036
intent of the classroom component of the training program; 9037
6. Currently holds a standard certificate issued by the 9038
department board or a firesafety inspector license issued under 9039
chapter 633 and: 9040
a. Has at least 4 years' verifiable full-time experience 9041
as an inspector or plans examiner in a standard certification 9042
category currently held or has a minimum of 4 years' verifiable 9043
full-time experience as a firesafety inspector licensed under 9044
chapter 633. 9045
b. Has satisfactorily completed a building code inspector 9046
or plans examiner classroom training course or program that 9047
provides at least 200 but not more than 300 hours in the 9048
certification category sought, except for residential training 9049
programs, which must provide at least 500 but not more than 800 9050

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hours of training as prescribed by the department board. The 9051
department board shall establish by rule criteria for the 9052
development and implementation of classroom training courses and 9053
programs in each certification category; or 9054
7.a. Has completed a 4-year internship certification 9055
program as a building code inspector or plans examiner, 9056
including an internship program for residential inspectors, 9057
while also employed full time by a municipality, county, or 9058
other governmental jurisdiction, under the direct supervision of 9059
a certified building official. A person may also complete the 9060
internship certification program, including an internship 9061
program for residential inspectors, while employed full time by 9062
a private provider or a private provider's firm that performs 9063
the services of a building code inspector or plans examiner, 9064
while under the direct supervision of a certified building 9065
official. Proof of graduation with a related vocational degree 9066
or college degree or of verifiable work experience may be 9067
exchanged for the internship experience requirement year-for-9068
year, but may reduce the requirement to no less than 1 year. 9069
Proof of verifiable work experience as an inspector or plans 9070
examiner of any other type may be exchanged for the internship 9071
experience requirement year-for-year, but may reduce the 9072
requirement to no less than 1 year. 9073
b. Has passed an examination administered by the 9074
International Code Council in the certification category sought. 9075

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Such examination must be passed before beginning the internship 9076
certification program. 9077
c. Has passed the principles and practice examination 9078
before completing the internship certification program. 9079
d. Has passed a department-approved board-approved 40-hour 9080
code training course in the certification category sought before 9081
completing the internship certification program. 9082
e. Has obtained a favorable recommendation from the 9083
supervising building official after completion of the internship 9084
certification program. 9085
(4) No person may engage in the duties of a building code 9086
administrator, plans examiner, or building code inspector 9087
pursuant to this part after October 1, 1993, unless such person 9088
possesses one of the following types of certificates, currently 9089
valid, issued by the department board attesting to the person's 9090
qualifications to hold such position: 9091
(a) A standard certificate. 9092
(b) A limited certificate. 9093
(c) A provisional certificate. 9094
(5)(a) To obtain a standard certificate, an individual 9095
must pass an examination approved by the department board which 9096
demonstrates that the applicant has fundamental knowledge of the 9097
state laws and codes relating to the construction of buildings 9098
for which the applicant has building code administration, plans 9099
examination, or building code inspection responsibilities. It is 9100

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the intent of the Legislature that the examination approved for 9101
certification pursuant to this part be substantially equivalent 9102
to the examinations administered by the International Code 9103
Council. 9104
(b) A standard certificate shall be issued to each 9105
applicant who successfully completes the examination, which 9106
certificate authorizes the individual named thereon to practice 9107
throughout the state as a building code administrator, plans 9108
examiner, or building code inspector within such class and level 9109
as is specified by the department board. 9110
(c) The department board may accept proof that the 9111
applicant has passed an examination which is substantially 9112
equivalent to the department-approved board-approved examination 9113
set forth in this section. 9114
(6) 9115
(b) By October 1, 1993, individuals who were employed on 9116
July 1, 1993, as building code administrators, plans examiners, 9117
or building code inspectors, who are not eligible for a standard 9118
certificate, but who wish to continue in such employment, shall 9119
submit to the department board the appropriate application and 9120
certification fees and shall receive a limited certificate 9121
qualifying them to engage in building code administration, plans 9122
examination, or building code inspection in the class, at the 9123
performance level, and within the governmental jurisdiction in 9124
which such person is employed. 9125

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(e) By March 1, 2003, or 1 year after the Florida Building 9126
Code is implemented, whichever is later, individuals who were 9127
employed by an educational board, the Department of Education, 9128
or the State University System as building code administrators, 9129
plans examiners, or inspectors, who do not wish to apply for a 9130
standard certificate but who wish to continue in such 9131
employment, shall submit to the department board the appropriate 9132
application and certification fees and shall receive a limited 9133
certificate qualifying such individuals to engage in building 9134
code administration, plans examination, or inspection in the 9135
class, at the performance level, and within the governmental 9136
jurisdiction in which such person is employed. 9137
(7)(a) The department board shall provide for the issuance 9138
of provisional certificates valid for 2 years, as specified by 9139
department board rule, to any building code inspector or plans 9140
examiner who meets the eligibility requirements described in 9141
subsection (2) and any newly employed or promoted building code 9142
administrator who meets the eligibility requirements described 9143
in subsection (3). The provisional license may be renewed by the 9144
department board for just cause; however, a provisional license 9145
is not valid for longer than 3 years. 9146
(c) The department board shall provide for appropriate 9147
levels of provisional certificates and may issue these 9148
certificates with such special conditions or requirements as the 9149
department board deems necessary to protect the public safety 9150

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and health. The department board may not place a special 9151
condition or requirement on a provisional certificate with 9152
respect to the requirement of employment by a municipality, 9153
county, or other local governmental agency. 9154
(8) Any individual applying to the department board may be 9155
issued a certificate valid for multiple building code inspection 9156
classes, as deemed appropriate by the department board. 9157
(10)(a) The department board may by rule create categories 9158
of certification in addition to those defined in s. 468.603(4) 9159
and (7) s. 468.603(5) and (8). Such certification categories may 9160
shall not be mandatory and may shall not act to diminish the 9161
scope of any certificate created by statute. 9162
(b) The department board shall by rule establish: 9163
1. Reciprocity of certification with any other state that 9164
requires an examination administered by the International Code 9165
Council. 9166
2. That an applicant for certification as a building code 9167
inspector or plans examiner may apply for a provisional 9168
certificate valid for the duration of the internship period. 9169
3. That partial completion of an internship program is 9170
transferable among jurisdictions, private providers, and firms 9171
of private providers on a form prescribed by the department 9172
board. 9173
4. That an applicant may apply for a standard certificate 9174
on a form prescribed by the department board upon successful 9175

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completion of an internship certification program. 9176
5. That an applicant may apply for a standard certificate 9177
at least 30 days but no more than 60 days before completing the 9178
internship certification program. 9179
6. That a building code inspector or plans examiner who 9180
has standard certification may seek an additional certification 9181
in another category by completing an additional nonconcurrent 1-9182
year internship program in the certification category sought and 9183
passing an examination administered by the International Code 9184
Council and a department-approved board-approved 40-hour code 9185
training course. 9186
Section 279. Subsection (4) is added to section 471.007, 9187
Florida Statutes, to read: 9188
471.007 Board of Professional Engineers.— 9189
(4) The board is abolished July 1, 2033. 9190
Section 280. Subsection (3) of section 471.015, Florida 9191
Statutes, is amended to read: 9192
471.015 Licensure.— 9193
(3) The board shall certify as qualified for a license by 9194
endorsement an applicant who: 9195
(a) Qualifies to take the fundamentals examination and the 9196
principles and practice examination as set forth in s. 471.013, 9197
has passed a United States national, regional, state, or 9198
territorial licensing examination that is substantially 9199
equivalent to the fundamentals examination and principles and 9200

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practice examination required by s. 471.013, and has satisfied 9201
the experience requirements set forth in paragraph (2)(a) and s. 9202
471.013; or 9203
(b) Holds a valid license to practice engineering issued 9204
by another state or territory of the United States, or a foreign 9205
jurisdiction if the criteria for issuance of the license were 9206
substantially the same as the licensure criteria that existed in 9207
this state at the time the license was issued; or 9208
(c) Holds a valid license to practice engineering issued 9209
by a foreign jurisdiction approved by the department and holds 9210
an active Council Record with the National Council of Examiners 9211
for Engineering and Surveying. 9212
Section 281. Effective January 1, 2027, section 473.308, 9213
Florida Statutes, is amended to read: 9214
473.308 Licensure.— 9215
(1) A person desiring to be licensed as a Florida 9216
certified public accountant in this state shall apply to the 9217
department for licensure, and the department shall license any 9218
applicant who the department board certifies is qualified to 9219
practice public accounting. 9220
(2) The department board shall certify for licensure any 9221
applicant who successfully passes the licensure examination and 9222
satisfies the requirements of subsections (4), (5), and (6), and 9223
shall certify for licensure any firm that satisfies the 9224
requirements of ss. 473.309 and 473.3101. The department board 9225

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may refuse to certify any applicant or firm that has violated 9226
any of the provisions of s. 473.322. 9227
(3) A person desiring to be licensed as a Florida 9228
certified public accountant or a firm desiring to engage in the 9229
practice of public accounting must create and maintain an online 9230
account with the department and provide an e-mail address to 9231
function as the primary means of contact for all communication 9232
from the department. Certified public accountants and firms are 9233
responsible for maintaining accurate contact information on file 9234
with the department and must submit any change in an e-mail 9235
address or street address within 30 days after the change. All 9236
changes must be submitted through the department's online 9237
system. 9238
(4)(a) An applicant for licensure must: 9239
1. Complete have at least 150 semester hours of college 9240
education, including a baccalaureate or higher degree conferred 9241
by an accredited college or university, with a concentration in 9242
accounting and business as prescribed by the department; in the 9243
total educational program to the extent specified by the board. 9244
2. Hold a master's degree in accounting or finance 9245
conferred by an accredited college or university with a 9246
concentration in accounting and business as prescribed by the 9247
department; 9248
3. Hold a baccalaureate degree in accounting or finance 9249
conferred by an accredited college or university with a 9250

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concentration in accounting and business as prescribed by the 9251
department; or 9252
4. Hold a baccalaureate degree in any major course of 9253
study conferred by an accredited college or university and have 9254
completed coursework required for a concentration in accounting 9255
and business as prescribed by the department. 9256
(b) The department shall prescribe the coursework required 9257
for a concentration in accounting and business. The department 9258
may deem that an applicant has satisfied requirements for such 9259
coursework if the applicant receives a baccalaureate or higher 9260
degree in accounting or finance conferred by an accredited 9261
college or university in a state or territory of the United 9262
States. An applicant receiving a baccalaureate or higher degree 9263
with a major course of study other than accounting or finance 9264
must complete the coursework required for a concentration in 9265
accounting and business as prescribed by the department. 9266
(5)(a) An applicant for licensure who completes the 9267
education requirements under subparagraph (4)(a)1. or 9268
subparagraph (4)(a)2. after December 31, 2008, must show that he 9269
or she has had 1 year of work experience. An applicant who 9270
completes the education requirements under subparagraph (4)(a)3. 9271
or subparagraph (4)(a)4. must show 2 years of work experience. 9272
(b) The work experience under paragraph (a) This 9273
experience shall include providing any type of service or advice 9274
involving the use of accounting, attest, compilation, management 9275

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advisory, financial advisory, tax, or consulting skills, all of 9276
which must be verified by a certified public accountant who is 9277
licensed by a state or territory of the United States. This 9278
experience is acceptable if it was gained through employment in 9279
government, industry, academia, or public practice; constituted 9280
a substantial part of the applicant's duties; and was verified 9281
by a certified public accountant licensed by a state or 9282
territory of the United States. 9283
(c) The department board shall adopt rules specifying 9284
standards and providing for the review and approval of the work 9285
experience required by this subsection section. 9286
(d)(b) However, an applicant who completed the 9287
requirements of subsection (4) on or before December 31, 2008, 9288
and who passes the licensure examination on or before June 30, 9289
2010, is exempt from the requirements of this subsection. 9290
(6)(a) An applicant for licensure must shall show that she 9291
or he the applicant has good moral character. For purposes of 9292
this paragraph, the term 9293
(7)(a) "good moral character" means a personal history of 9294
honesty, fairness, and respect for the rights of others and for 9295
the laws of this state and nation. 9296
(b) The department board may refuse to certify an 9297
applicant for failure to satisfy this requirement if: 9298
1. The department board finds a reasonable relationship 9299
between the lack of good moral character of the applicant and 9300

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the professional responsibilities of a certified public 9301
accountant; and 9302
2. The finding by the department board of lack of good 9303
moral character is supported by competent substantial evidence. 9304
(c) When an applicant is found to be unqualified for a 9305
license because of a lack of good moral character, the 9306
department board shall furnish to the applicant a statement 9307
containing the findings of the department board, a complete 9308
record of the evidence upon which the determination was based, 9309
and a notice of the rights of the applicant to a rehearing and 9310
appeal. 9311
(7)(8) The department board shall certify as qualified for 9312
a license by endorsement an applicant who: 9313
(a) Is not licensed and has not been licensed in any state 9314
or territory and who has met the requirements of this section 9315
for education, work experience, and good moral character and has 9316
passed a national, regional, state, or territorial licensing 9317
examination that is substantially equivalent to the examination 9318
required by s. 473.306; or 9319
(b)1. Holds an active a valid license as a certified 9320
public accountant to practice public accounting issued by 9321
another state or a territory of the United States, if the 9322
applicant has maintained good moral character and, at the time 9323
of licensure by such other state or territory, the applicant was 9324
required to show evidence of having obtained at least a 9325

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baccalaureate degree from an accredited college or university 9326
and having passed the Uniform CPA Examination. criteria for 9327
issuance of such license were substantially equivalent to the 9328
licensure criteria that existed in this state at the time the 9329
license was issued; 9330
2. Holds a valid license to practice public accounting 9331
issued by another state or territory of the United States but 9332
the criteria for issuance of such license did not meet the 9333
requirements of subparagraph 1.; has met the requirements of 9334
this section for education, work experience, and good moral 9335
character; and has passed a national, regional, state, or 9336
territorial licensing examination that is substantially 9337
equivalent to the examination required by s. 473.306; or 9338
3. Holds a valid license to practice public accounting 9339
issued by another state or territory of the United States for at 9340
least 10 years before the date of application; has passed a 9341
national, regional, state, or territorial licensing examination 9342
that is substantially equivalent to the examination required by 9343
s. 473.306; and has met the requirements of this section for 9344
good moral character. 9345
(9) If the applicant has at least 5 years of experience in 9346
the practice of public accountancy in the United States or in 9347
the practice of public accountancy or its equivalent in a 9348
foreign country that the International Qualifications Appraisal 9349
Board of the National Association of State Boards of Accountancy 9350

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has determined has licensure standards that are substantially 9351
equivalent to those in the United States, or has at least 5 9352
years of work experience that meets the requirements of 9353
subsection (5), the board must waive the requirements of 9354
subsection (4) which are in excess of a baccalaureate degree. 9355
All experience that is used as a basis for waiving the 9356
requirements of subsection (4) must be while licensed as a 9357
certified public accountant by another state or territory of the 9358
United States or while licensed in the practice of public 9359
accountancy or its equivalent in a foreign country that the 9360
International Qualifications Appraisal Board of the National 9361
Association of State Boards of Accountancy has determined has 9362
licensure standards that are substantially equivalent to those 9363
in the United States. The board shall have the authority to 9364
establish the standards for experience that meet this 9365
requirement. 9366
(8)(10) The department board may refuse to certify for 9367
licensure any applicant who is under investigation in another 9368
state for any act that would constitute a violation of this act 9369
or chapter 455, until such time as the investigation is complete 9370
and disciplinary proceedings are have been terminated. 9371
Section 282. Section 473.3085, Florida Statutes, is 9372
created to read: 9373
473.3085 Licensure of international applicants.— 9374
(1) An international applicant who seeks licensure as a 9375

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certified public accountant in this state must meet the 9376
requirements for education, work experience, and good moral 9377
character under s. 473.308. 9378
(2) An applicant must apply to the department for 9379
licensure. 9380
(3) An international applicant must create and maintain an 9381
online account with the department and provide an e-mail address 9382
to function as the primary means of contact for all 9383
communication from the department. An applicant must submit any 9384
change in e-mail address within 30 days after the change. All 9385
changes must be submitted through the department's online 9386
system. 9387
(4) The department shall certify for licensure any 9388
applicant who satisfies the requirements of subsections (1) and 9389
(2), except the department may refuse to certify an applicant 9390
who has violated s. 473.322. 9391
(5) The department shall adopt rules to implement this 9392
section. 9393
Section 283. Section 473.312, Florida Statutes, is amended 9394
to read: 9395
473.312 Continuing education.— 9396
(1)(a) As part of the license renewal procedure, the 9397
department board shall by rule require Florida certified public 9398
accountants to submit proof satisfactory to the department board 9399
that during the 2 years before prior to application for renewal, 9400

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they have successfully completed not less than 48 or more than 9401
80 hours of continuing professional education programs in public 9402
accounting subjects approved by the department board. The 9403
department board may prescribe by rule additional continuing 9404
professional education hours, not to exceed 25 percent of the 9405
total hours required, for failure to complete the hours required 9406
for renewal by the end of the reestablishment period. 9407
(b) Not less than 10 percent of the total hours required 9408
by the department board shall be in accounting-related and 9409
auditing-related subjects, as distinguished from federal and 9410
local taxation matters and management services. 9411
(c) Not less than 5 percent of the total hours required by 9412
the department board shall be in ethics applicable to the 9413
practice of public accounting. This requirement shall be 9414
administered by providers approved by the department board, and 9415
a majority of the hours shall include a review of the provisions 9416
of chapter 455 and this chapter and the related administrative 9417
rules. 9418
(2) Programs of continuing professional education approved 9419
by the department board shall be formal programs of learning 9420
which contribute directly to the professional competency of an 9421
individual following licensure to practice public accounting and 9422
may be any of the following: 9423
(a) Professional development programs of the American 9424
Institute of Certified Public Accountants, state societies of 9425

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certified public accountants, or other organizations. 9426
(b) Technical sessions at meetings of the American 9427
Institute of Certified Public Accountants, state societies, 9428
chapters, or other organizations. 9429
(c) University and college courses. 9430
(d) Formal organized in-firm education programs. 9431
(3) The department board shall adopt rules establishing 9432
the continuing education requirements for Florida certified 9433
public accountants who are engaged in the audit of a 9434
governmental entity. The department board shall approve subjects 9435
directly related to the governmental environment and to 9436
governmental auditing for purposes of satisfying the requirement 9437
of this subsection. 9438
(4) For the purposes of maintaining proper continuing 9439
education requirements for renewal of licensure under this 9440
chapter, the department board may appoint a Continuing 9441
Professional Education Advisory Committee, which shall be 9442
composed of one member of the department board, one academician 9443
on the faculty of a university in this state, and six certified 9444
public accountants. 9445
Section 284. Effective January 1, 2027, subsections (1), 9446
(3), and (4) of section 473.3141, Florida Statutes, are amended 9447
to read: 9448
473.3141 Certified public accountants licensed in other 9449
states.— 9450

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(1) Except as otherwise provided in this chapter, An 9451
individual who holds an active license in good standing as a 9452
certified public accountant in another state or a territory of 9453
the United States and who does not have an office in this state 9454
has the privileges of Florida certified public accountants and 9455
may provide public accounting services in this state without 9456
obtaining a license under this chapter or notifying or 9457
registering with the department board or paying a fee if, at the 9458
time of licensure by such other state or territory, the 9459
individual was required to show evidence of having obtained at 9460
least a baccalaureate degree and having passed the Uniform CPA 9461
Examination: 9462
(a) Holds a valid license as a certified public accountant 9463
from a state that the board or its designee has determined by 9464
rule to have adopted standards that are substantially equivalent 9465
to the certificate requirements in s. 5 of the Uniform 9466
Accountancy Act in the issuance of licenses; or 9467
(b) Holds a valid license as a certified public accountant 9468
from a state that has not been approved by the board as having 9469
adopted standards in substantial equivalence with s. 5 of the 9470
Uniform Accountancy Act, but obtains verification from the 9471
board, or its designee, as determined by rule, that the 9472
individual's certified public accountant qualifications are 9473
substantially equivalent to the certificate requirements in s. 5 9474
of the Uniform Accountancy Act. 9475

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9476
The department board shall define by rule what constitutes an 9477
office. 9478
(3) An individual certified public accountant from another 9479
state or a territory of the United States who practices pursuant 9480
to this section, and the firm that employs that individual, 9481
shall both consent, as a condition of the privilege of 9482
practicing in this state: 9483
(a) To the personal and subject matter jurisdiction and 9484
disciplinary authority of the department board; 9485
(b) To comply with this chapter and the applicable 9486
department board rules; 9487
(c) That if the individual's license as a certified public 9488
accountant from another the state or a territory of the United 9489
States becomes invalid of the individual's principal place of 9490
business is no longer valid, the individual must will cease 9491
offering or rendering public accounting services in this state, 9492
individually and on behalf of a firm; and 9493
(d) To the appointment of the department state board that 9494
issued the individual's license as the agent upon whom process 9495
may be served in any action or proceeding by the board or 9496
department against the individual or firm. 9497
(4) An individual who qualifies to practice under this 9498
section may perform the services identified in s. 473.302(7)(a) 9499
s. 473.302(8)(a) only through a firm that has obtained a license 9500

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issued under s. 473.3101 or is authorized by s. 473.3101 to 9501
provide such services. 9502
Section 285. Subsection (3) and paragraph (e) of 9503
subsection (4) of section 474.2021, Florida Statutes, are 9504
amended to read: 9505
474.2021 Veterinary telehealth.— 9506
(3) The department board has jurisdiction over a 9507
veterinarian practicing veterinary telehealth, regardless of 9508
where the veterinarian's physical office is located. The 9509
practice of veterinary medicine is deemed to occur when the 9510
veterinarian, the patient, or both are located within this state 9511
at the time the veterinarian practices veterinary telehealth. 9512
(4) A veterinarian practicing veterinary telehealth: 9513
(e) Shall prescribe all drugs and medications in 9514
accordance with all federal and state laws and the following 9515
requirements: 9516
1. A veterinarian practicing veterinary telehealth may 9517
order, prescribe, or make available medicinal drugs or drugs 9518
specifically approved for use in animals by the United States 9519
Food and Drug Administration, the use of which conforms to the 9520
approved labeling. Prescriptions based solely on a telehealth 9521
evaluation may be issued for up to 1 year month for products 9522
labeled solely for flea and tick control and up to 14 days of 9523
treatment for other animal drugs. Prescriptions based solely on 9524
a telehealth evaluation may not be renewed without an in-person 9525

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examination. 9526
2. A veterinarian practicing veterinary telehealth may not 9527
order, prescribe, or make available medicinal drugs or drugs as 9528
defined in s. 465.003 approved by the United States Food and 9529
Drug Administration for human use or compounded antibacterial, 9530
antifungal, antiviral, or antiparasitic medications, unless the 9531
veterinarian has conducted an in-person physical examination of 9532
the animal or made medically appropriate and timely visits to 9533
the premises where the animal is kept. 9534
3. A veterinarian may not use veterinary telehealth to 9535
prescribe a controlled substance as defined in chapter 893 9536
unless the veterinarian has conducted an in-person physical 9537
examination of the animal or made medically appropriate and 9538
timely visits within the past year to the premises where the 9539
animal is kept. 9540
4. A veterinarian practicing veterinary telehealth may not 9541
prescribe a drug or other medication for use on a horse engaged 9542
in racing or training at a facility under the jurisdiction of 9543
the Florida Gaming Control Commission or on a horse that is a 9544
covered horse as defined in the federal Horseracing Integrity 9545
and Safety Act, 15 U.S.C. ss. 3051 et seq.; 9546
Section 286. Subsections (3) through (7) of section 9547
475.17, Florida Statutes, are amended to read: 9548
475.17 Qualifications for practice.— 9549
(3)(a) The commission may prescribe a postlicensure 9550

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education requirement in order for a person to maintain a valid 9551
sales associate's license, which shall not exceed 45 classroom 9552
hours of 50 minutes each, inclusive of examination, prior to the 9553
first renewal following initial licensure. If prescribed, this 9554
shall consist of one or more commission-approved courses which 9555
total at least 45 classroom hours on one or more subjects which 9556
include, but are not limited to, property management, appraisal, 9557
real estate finance, the economics of real estate management, 9558
marketing, technology, sales and listing of properties, business 9559
office management, courses teaching practical real estate 9560
application skills, development of business plans, marketing of 9561
property, and time management. Required postlicensure education 9562
courses must be provided by an accredited college, university, 9563
or community college, by a career center, by a registered real 9564
estate school, or by a commission-approved sponsor. 9565
(b) Satisfactory completion of the postlicensure education 9566
requirement is demonstrated by successfully meeting all 9567
standards established for the commission-prescribed or 9568
commission-approved institution or school. However, notice of 9569
satisfactory completion shall not be issued if the student has 9570
absences in excess of 10 percent of the required classroom hours 9571
or has not satisfactorily completed a timed distance learning 9572
course examination. 9573
(c) The license of any sales associate who does not 9574
complete the postlicensure education requirement prior to the 9575

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first renewal following initial licensure shall be considered 9576
null and void. Such person wishing to again operate as a real 9577
estate sales associate must requalify by satisfactorily 9578
completing the sales associate's prelicensure course and passing 9579
the state examination for licensure as a sales associate. 9580
(d) A sales associate who is required to complete any 9581
postlicensure education requirement must complete any 9582
postlicensure education requirement and hold a current and valid 9583
license in order to be eligible for licensure as a broker. 9584
(4)(a) The commission may prescribe a postlicensure 9585
education requirement in order for a person to maintain a valid 9586
broker's license, which shall not exceed 60 classroom hours of 9587
50 minutes each, inclusive of examination, prior to the first 9588
renewal following initial licensure. If prescribed, this shall 9589
consist of one or more commission-approved courses which total 9590
at least 60 classroom hours on one or more subjects which 9591
include, but are not limited to, advanced appraisal, advanced 9592
property management, real estate marketing, business law, 9593
advanced real estate investment analyses, advanced legal 9594
aspects, general accounting, real estate economics, 9595
syndications, commercial brokerage, feasibility analyses, 9596
advanced real estate finance, residential brokerage, advanced 9597
marketing, technology, advanced business planning, time 9598
management, or real estate brokerage office operations. Required 9599
postlicensure education courses must be provided by an 9600

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accredited college, university, or community college, by a 9601
career center, by a registered real estate school, or by a 9602
commission-approved sponsor. 9603
(b) Satisfactory completion of the postlicensure education 9604
requirement is demonstrated by successfully meeting all 9605
standards established for the commission-prescribed or 9606
commission-approved institution or school. However, notice of 9607
satisfactory completion shall not be issued if the student has 9608
absences in excess of 10 percent of the required classroom hours 9609
or has not satisfactorily completed a timed distance learning 9610
course examination. 9611
(c) The license of any broker who does not complete the 9612
postlicensure education requirement prior to the first renewal 9613
following initial licensure shall be considered null and void. 9614
If the licensee wishes to operate as a sales associate, she or 9615
he may be issued a sales associate's license after providing 9616
proof that she or he has satisfactorily completed the 14-hour 9617
continuing education course within the 6 months following 9618
expiration of her or his broker's license. To operate as a 9619
broker, the licensee must requalify by satisfactorily completing 9620
the broker's prelicensure course and passing the state 9621
examination for licensure as a broker. 9622
(5)(a) The commission may allow an additional 6-month 9623
period after the first renewal following initial licensure for 9624
completing the postlicensure education courses for sales 9625

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associates and brokers who cannot, due to individual physical 9626
hardship, as defined by rule, complete the courses within the 9627
required time. 9628
(b) Except as provided in subsection (4), sales associates 9629
and brokers are not required to meet the 14-hour continuing 9630
education requirement prior to the first renewal following 9631
initial licensure. 9632
(c)1. A distance learning course or courses shall be 9633
approved by the commission as an option to classroom hours as 9634
satisfactory completion of the postlicensure education course or 9635
courses as required by this section. The schools or sponsors 9636
authorized by this section have the option of providing 9637
classroom courses, distance learning courses, or both. However, 9638
satisfactory completion of a distance learning postlicensure 9639
education course or courses requires the satisfactory completion 9640
of a timed distance learning course examination. Such 9641
examination shall not be required to be monitored or given at a 9642
centralized location. 9643
2. The commission shall provide for postlicensure 9644
education courses to be made available by correspondence or 9645
other suitable means to any person who, by reason of hardship, 9646
as defined by rule, cannot attend the place or places where 9647
courses are regularly conducted or does not have access to the 9648
distance learning courses. 9649
(3)(6) The postlicensure education requirements of this 9650

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section, and the education course requirements for one to become 9651
initially licensed, do not apply to any applicant or licensee 9652
who has received a 4-year degree, or higher, in real estate from 9653
an accredited institution of higher education. 9654
(4)(7) The commission may not approve prelicensure or 9655
postlicensure distance learning courses for brokers, broker 9656
associates, and sales associates by correspondence methods, 9657
except in instances of hardship pursuant to subparagraphs 9658
(2)(a)3. and (5)(c)2. 9659
Section 287. Subsection (2) of section 475.175, Florida 9660
Statutes, is amended to read: 9661
475.175 Examinations.— 9662
(2) Each accredited college, university, community 9663
college, or registered real estate school shall notify the 9664
department commission of the names of all persons who have 9665
satisfactorily completed the educational requirements provided 9666
for in s. 475.17(2), (3), and (4) in a manner prescribed by the 9667
department commission. Furthermore, each such educational 9668
institution shall provide to each person satisfactorily 9669
completing the educational requirements provided for in s. 9670
475.17(2), (3), and (4) a certificate as proof of such 9671
satisfactory completion. 9672
Section 288. Subsection (1) of section 475.180, Florida 9673
Statutes, is amended to read: 9674
475.180 Nonresident licenses.— 9675

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(1) Notwithstanding the prelicensure requirements set 9676
forth under ss. 475.17(2) and (3) (6) and 475.175, the 9677
department commission in its discretion may enter into written 9678
agreements with similar licensing authorities of other states, 9679
territories, or jurisdictions of the United States or foreign 9680
national jurisdictions to ensure for Florida licensees 9681
nonresident licensure opportunities comparable to those afforded 9682
to nonresidents by this section. Whenever the department 9683
commission determines that another jurisdiction does not offer 9684
nonresident licensure to Florida licensees substantially 9685
comparable to those afforded to licensees of that jurisdiction 9686
by this section, the department commission shall require 9687
licensees of that jurisdiction who apply for nonresident 9688
licensure to meet education, experience, and examination 9689
requirements substantially comparable to those required by that 9690
jurisdiction with respect to Florida licensees who seek 9691
nonresident licensure, not to exceed such requirements as 9692
prescribed in ss. 475.17(2) and (3) (6) and 475.175. 9693
Section 289. Subsection (1) of section 475.182, Florida 9694
Statutes, is amended to read: 9695
475.182 Renewal of license; continuing education.— 9696
(1)(a) The department shall renew a license upon receipt 9697
of the renewal application and fee. The renewal application for 9698
an active license as broker, broker associate, or sales 9699
associate shall include proof satisfactory to the commission 9700

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that the licensee has, since the issuance or renewal of her or 9701
his current license, satisfactorily completed at least 14 9702
classroom hours of 50 minutes each of a continuing education 9703
course during each biennium of a license period, as prescribed 9704
by the commission. Approval or denial of a specialty course must 9705
be based on the extent to which the course content focuses on 9706
real estate issues relevant to the modern practice of real 9707
estate by a real estate licensee, including technology used in 9708
the real estate industry. The commission may accept as a 9709
substitute for such continuing education course, on a classroom-9710
hour-for-classroom-hour basis, any satisfactorily completed 9711
education course that the commission finds is adequate to 9712
educate licensees within the intent of this section, including 9713
an approved distance learning course. However, the commission 9714
may not require, for the purpose of satisfactorily completing an 9715
approved correspondence or distance learning course, a written 9716
examination that is to be taken at a centralized location and is 9717
to be monitored. 9718
(b) The commission may accept as a substitute for 3 9719
classroom hours, one time per renewal cycle, attendance at one 9720
legal agenda session of the commission. In order to obtain 9721
credit, the licensee must notify the division at least 7 days in 9722
advance of his or her intent to attend. A licensee may not earn 9723
any continuing education credit for attending a legal agenda 9724
session of the commission as a party to a disciplinary action. 9725

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Section 290. Subsections (1), (2), and (4) of section 9726
475.183, Florida Statutes, are amended to read: 9727
475.183 Inactive status.— 9728
(1) A license which has become voluntarily inactive may be 9729
renewed pursuant to s. 475.182 upon application to the 9730
department. The commission shall prescribe by rule continuing 9731
education requirements, not to exceed 12 classroom hours for 9732
each year the license was inactive, as a condition of renewing a 9733
voluntarily inactive license. The commission shall substitute 9734
for such continuing education requirements, on a classroom-hour-9735
for-classroom-hour basis, any satisfactorily completed education 9736
course approved in the manner specified in s. 475.182(1). A 9737
person whose license is voluntarily inactive and who renews the 9738
license may elect to continue her or his voluntarily inactive 9739
status. 9740
(2)(a) A licensee may reactivate a license that has been 9741
involuntarily inactive for 12 months or less by satisfactorily 9742
completing at least 14 hours of a commission-prescribed 9743
continuing education course. Notwithstanding the provisions of 9744
s. 455.271, a licensee may reactivate a license that has been 9745
involuntarily inactive for more than 12 months but fewer than 24 9746
months by satisfactorily completing 28 hours of a commission-9747
prescribed education course. 9748
(b) Any license that has been involuntarily inactive for 9749
more than 2 years shall automatically expire. Once a license 9750

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expires, it becomes null and void without any further action by 9751
the commission or department. Ninety days prior to expiration of 9752
the license, the department shall give notice to the licensee. 9753
The department commission shall prescribe by rule a fee not to 9754
exceed $100 for the late renewal of an involuntarily inactive 9755
license. The department shall collect the current renewal fee 9756
for each renewal period in which the license was involuntarily 9757
inactive in addition to any applicable late renewal fee. 9758
(4) The department commission may reinstate the license of 9759
an individual whose license has become void if the department 9760
commission determines that the individual failed to comply 9761
because of illness or economic hardship, as defined by rule. The 9762
individual must apply to the department commission for 9763
reinstatement within 6 months after the date that the license 9764
becomes void. Such individual must meet all continuing education 9765
requirements prescribed by law, pay appropriate licensing fees, 9766
and otherwise be eligible for renewal of licensure under this 9767
section. 9768
Section 291. Paragraph (t) of subsection (1) of section 9769
475.25, Florida Statutes, is amended to read: 9770
475.25 Discipline.— 9771
(1) The commission may deny an application for licensure, 9772
registration, or permit, or renewal thereof; may place a 9773
licensee, registrant, or permittee on probation; may suspend a 9774
license, registration, or permit for a period not exceeding 10 9775

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years; may revoke a license, registration, or permit; may impose 9776
an administrative fine not to exceed $5,000 for each count or 9777
separate offense; and may issue a reprimand, and any or all of 9778
the foregoing, if it finds that the licensee, registrant, 9779
permittee, or applicant: 9780
(t) Has violated any standard of professional practice 9781
adopted by rule of the department Florida Real Estate Appraisal 9782
Board, including standards for the development or communication 9783
of a real estate appraisal, as approved and adopted by the 9784
Appraisal Standards Board of the Appraisal Foundation, as 9785
defined in s. 475.611. This paragraph does not apply to a real 9786
estate broker or sales associate who, in the ordinary course of 9787
business, performs a comparative market analysis, gives a broker 9788
price opinion, or gives an opinion of value of real estate. 9789
However, in no event may this comparative market analysis, 9790
broker price opinion, or opinion of value of real estate be 9791
referred to as an appraisal, as defined in s. 475.611. 9792
Section 292. Paragraphs (k) through (dd) of subsection (1) 9793
are redesignated as paragraphs (j) through (cc), respectively, 9794
and present paragraphs (j), (p), (q), (z), and (aa) of 9795
subsection (1) and subsection (2) of section 475.611, Florida 9796
Statutes, are amended to read: 9797
475.611 Definitions.— 9798
(1) As used in this part, the term: 9799
(j) "Board" means the Florida Real Estate Appraisal Board 9800

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established under s. 475.613. 9801
(o)(p) "Direct supervision" means the degree of 9802
supervision required of a supervisory appraiser overseeing the 9803
work of a registered trainee appraiser by which the supervisory 9804
appraiser has control over and detailed professional knowledge 9805
of the work being done. Direct supervision is achieved when a 9806
registered trainee appraiser has regular direction, guidance, 9807
and support from a supervisory appraiser who has the 9808
competencies as determined by rule of the department board. 9809
(p)(q) "Evaluation" means a valuation permitted by any 9810
federal financial institutions regulatory agency appraisal 9811
regulations for transactions that do not require an appraisal, 9812
as such valuations qualify for an applicable exemption under 9813
federal law. The department board shall adopt rules, as 9814
necessary, to define the term "evaluation" and the applicable 9815
exemptions under federal law. 9816
(y)(z) "Supervisory appraiser" means a certified 9817
residential appraiser or a certified general appraiser 9818
responsible for the direct supervision of one or more registered 9819
trainee appraisers and fully responsible for appraisals and 9820
appraisal reports prepared by those registered trainee 9821
appraisers. The department board, by rule, shall determine the 9822
responsibilities of a supervisory appraiser, the geographic 9823
proximity required, the minimum qualifications and standards 9824
required of a certified appraiser before she or he may act in 9825

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the capacity of a supervisory appraiser, and the maximum number 9826
of registered trainee appraisers to be supervised by an 9827
individual supervisory appraiser. 9828
(z)(aa) "Training" means the process of providing for and 9829
making available to a registered trainee appraiser, under direct 9830
supervision, a planned, prepared, and coordinated program, or 9831
routine of instruction and education, in appraisal professional 9832
and technical appraisal skills as determined by rule of the 9833
department board. 9834
(2) Wherever the word "operate" or "operating" appears in 9835
this part with respect to a registered trainee appraiser, 9836
registered appraisal management company, licensed appraiser, or 9837
certified appraiser; in any order, rule, or regulation of the 9838
department board; in any pleading, indictment, or information 9839
under this part; in any court action or proceeding; or in any 9840
order or judgment of a court, it shall be deemed to mean the 9841
commission of one or more acts described in this part as 9842
constituting or defining a registered trainee appraiser, 9843
registered appraisal management company, licensed appraiser, or 9844
certified appraiser, not including, however, any of the 9845
exceptions stated therein. A single act is sufficient to bring a 9846
person within the meaning of this subsection, and each act, if 9847
prohibited herein, constitutes a separate offense. 9848
Section 293. Subsection (7) of section 475.612, Florida 9849
Statutes, is amended to read: 9850

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475.612 Certification, licensure, or registration 9851
required.— 9852
(7) Notwithstanding any other provision of law, an 9853
appraiser may perform an evaluation of real property in 9854
connection with a real estate-related financial transaction, as 9855
defined by rule of the department board, which is regulated by a 9856
federal financial institutions regulatory agency. The appraiser 9857
shall comply with the standards for evaluations imposed by the 9858
federal financial institutions regulatory agency and other 9859
standards as prescribed by the department board. However, an 9860
evaluation may not be referred to or construed as an appraisal. 9861
Section 294. Section 475.614, Florida Statutes, is amended 9862
to read: 9863
475.614 Power of department board to adopt rules and 9864
decide questions of practice; requirements for protection of 9865
appraiser's signature.— 9866
(1) The department may board has authority to adopt rules 9867
pursuant to ss. 120.536(1) and 120.54 to implement provisions of 9868
law conferring duties upon it. The board may decide questions of 9869
practice arising in the proceedings before it, having regard to 9870
this section and the rules then in force. 9871
(2) The department board shall adopt rules specifying the 9872
means by which an appraiser's signature may be affixed to an 9873
appraisal report or other work performed by the appraiser. The 9874
rules shall include requirements for protecting the security of 9875

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an appraiser's signature and prohibiting practices that may 9876
discredit the use of an appraiser's signature to authenticate 9877
the work performed by the appraiser. 9878
Section 295. Section 475.6145, Florida Statutes, is 9879
amended to read: 9880
475.6145 Seal.—The department board shall adopt a seal by 9881
which it shall authenticate its proceedings, records, and acts. 9882
Copies of the proceedings, records, and acts of the board, and 9883
certificates purporting to relate the facts concerning such 9884
proceedings, records, and acts, which are signed by the board 9885
chair, the custodian of such records, or any other person 9886
authorized to make such certification and which are 9887
authenticated by such seal, shall be prima facie evidence of 9888
such proceedings, records, and acts in all courts of this state. 9889
Section 296. Section 475.6147, Florida Statutes, is 9890
amended to read: 9891
475.6147 Fees.— 9892
(1)(a) The department board by rule may establish fees to 9893
be paid for application, licensing and renewal, certification 9894
and recertification, registration and reregistration, 9895
reinstatement, and recordmaking and recordkeeping. 9896
(b) The fee for initial application of an appraiser may 9897
not exceed $150, and the combined cost of the application and 9898
examination may not exceed $300. The initial certification, 9899
registration, or license fee and the certification, 9900

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registration, or license renewal fee may not exceed $150 for 9901
each year of the duration of the certification, registration, or 9902
license. 9903
(c) The fee for initial application of an appraisal 9904
management company may not exceed $150. The initial registration 9905
and registration renewal fee may not exceed $150 for each year 9906
of the duration of the registration. 9907
(d) The department board may also establish by rule a late 9908
renewal penalty. 9909
(e) The department board shall establish fees which are 9910
adequate to ensure its continued operation. Fees shall be based 9911
on estimates made by the department of the revenue required to 9912
implement this part and other provisions of law relating to the 9913
regulation of real estate appraisers. 9914
(2) Application and certification, registration, and 9915
license fees shall be refunded upon a determination by the 9916
department board that the state is not entitled to the fees or 9917
that only a portion of the resources have been expended in the 9918
processing of the application or shall be refunded if for any 9919
other reason the application is not completely processed. The 9920
department board shall implement this subsection by rule. 9921
Section 297. Section 475.615, Florida Statutes, is amended 9922
to read: 9923
475.615 Qualifications for registration or certification.— 9924
(1) Any person desiring to act as a registered trainee 9925

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appraiser or as a certified appraiser must make application in 9926
writing to the department in such form and detail as the 9927
department board shall prescribe. Each applicant must be at 9928
least 18 years of age and hold a high school diploma or its 9929
equivalent. 9930
(2) The department board is authorized to waive or modify 9931
any education, experience, or examination requirements 9932
established in this part in order to conform with any such 9933
requirements established by the Appraiser Qualifications Board 9934
of the Appraisal Foundation or any successor body recognized by 9935
federal law, including any requirements adopted on December 9, 9936
2011. The department board shall implement this section by rule. 9937
(3) Appropriate fees, as set forth in the rules of the 9938
department board pursuant to s. 475.6147, and a set of 9939
fingerprints must accompany all applications for registration or 9940
certification. The fingerprints shall be forwarded to the 9941
Division of Criminal Justice Information Systems within the 9942
Department of Law Enforcement for processing to determine 9943
whether the applicant has a criminal history record. The 9944
fingerprints shall also be forwarded to the Federal Bureau of 9945
Investigation to determine whether the applicant has a criminal 9946
history record. The information obtained by the processing of 9947
the fingerprints by the Department of Law Enforcement and the 9948
Federal Bureau of Investigation shall be sent to the department 9949
to determine whether the applicant is statutorily qualified for 9950

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registration or certification. 9951
(4) In the event that the applicant is currently a 9952
registered trainee appraiser or a licensed or certified 9953
appraiser and is making application to obtain a different status 9954
of appraisal credential, should such application be received by 9955
the department within 180 days prior to through 180 days after 9956
the applicant's scheduled renewal, the charge for the 9957
application shall be established by the rules of the department 9958
board pursuant to s. 475.6147. 9959
(5) At the time of filing an application for registration 9960
or certification, the applicant must sign a pledge indicating 9961
that upon becoming registered or certified, she or he will 9962
comply with the standards of professional practice established 9963
by rule of the department board, including standards for the 9964
development or communication of a real estate appraisal, and 9965
must indicate in writing that she or he understands the types of 9966
misconduct for which disciplinary proceedings may be initiated. 9967
The application expires 1 year after the date received by the 9968
department. 9969
(6) All applicants must be competent and qualified to make 9970
real estate appraisals with safety to those with whom they may 9971
undertake a relationship of trust and confidence and the general 9972
public. If any applicant has been denied registration, 9973
licensure, or certification, or has been disbarred, or the 9974
applicant's registration, license, or certificate to practice or 9975

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conduct any regulated profession, business, or vocation has been 9976
revoked or suspended by this or any other state, any nation, or 9977
any possession or district of the United States, or any court or 9978
lawful agency thereof, because of any conduct or practices which 9979
would have warranted a like result under this part, or if the 9980
applicant has been guilty of conduct or practices in this state 9981
or elsewhere which would have been grounds for disciplining her 9982
or his registration, license, or certification under this part 9983
had the applicant then been a registered trainee appraiser or a 9984
licensed or certified appraiser, the applicant is deemed not to 9985
be qualified unless the applicant has met the conditions adopted 9986
by the Appraiser Qualifications Board of the Appraisal 9987
Foundation on December 9, 2011, as prescribed by rule of the 9988
department board and it appears to the department board that the 9989
interest of the public is not likely to be endangered by the 9990
granting of registration or certification. 9991
(7) No applicant seeking to become registered or certified 9992
under this part may be rejected solely by virtue of membership 9993
or lack of membership in any particular appraisal organization. 9994
Section 298. Section 475.617, Florida Statutes, is amended 9995
to read: 9996
475.617 Education and experience requirements.— 9997
(1) To be registered as a trainee appraiser, an applicant 9998
must present evidence satisfactory to the department board that 9999
she or he has successfully completed at least 100 hours of 10000

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approved qualifying education courses in subjects related to 10001
real estate appraisal, which must include coverage of the 10002
Uniform Standards of Professional Appraisal Practice, or its 10003
equivalent, as established by rule of the department board, from 10004
a nationally recognized or state-recognized appraisal 10005
organization, career center, accredited community college, 10006
college, or university, state or federal agency or commission, 10007
or proprietary real estate school that holds a permit pursuant 10008
to s. 475.451. The department board may increase the required 10009
number of hours to not more than 125 hours. All qualifying 10010
education courses may be completed through in-person classroom 10011
instruction or distance learning. A classroom hour is defined as 10012
50 minutes out of each 60-minute segment. Past courses may be 10013
approved on an hour-for-hour basis. 10014
(2) To be certified as a residential appraiser, an 10015
applicant must present satisfactory evidence to the department 10016
board that she or he has met the minimum education and 10017
experience requirements prescribed by rule of the department 10018
board. The department board shall prescribe by rule education 10019
and experience requirements that meet or exceed the following 10020
real property appraiser qualification criteria adopted on 10021
December 9, 2011, by the Appraiser Qualifications Board of the 10022
Appraisal Foundation: 10023
(a) Has at least 2,500 hours of experience obtained over a 10024
24-month period in real property appraisal as defined by rule. 10025

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(b) Has successfully completed at least 200 classroom 10026
hours, inclusive of examination, of approved qualifying 10027
education courses in subjects related to real estate appraisal, 10028
which must include a 15-hour National Uniform Standards of 10029
Professional Appraisal Practice course, or its equivalent, as 10030
established by rule of the department board, from a nationally 10031
recognized or state-recognized appraisal organization, career 10032
center, accredited community college, college, or university, 10033
state or federal agency or commission, or proprietary real 10034
estate school that holds a permit pursuant to s. 475.451. All 10035
qualifying education courses may be completed through in-person 10036
classroom instruction or distance learning. A classroom hour is 10037
defined as 50 minutes out of each 60-minute segment. Past 10038
courses may be approved by the department board and substituted 10039
on an hour-for-hour basis. 10040
(3) To be certified as a general appraiser, an applicant 10041
must present evidence satisfactory to the department board that 10042
she or he has met the minimum education and experience 10043
requirements prescribed by rule of the department board. The 10044
department board shall prescribe education and experience 10045
requirements that meet or exceed the following real property 10046
appraiser qualification criteria adopted on December 9, 2011, by 10047
the Appraiser Qualifications Board of the Appraisal Foundation: 10048
(a) Has at least 3,000 hours of experience obtained over a 10049
30-month period in real property appraisal as defined by rule. 10050

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(b) Has successfully completed at least 300 classroom 10051
hours, inclusive of examination, of approved qualifying 10052
education courses in subjects related to real estate appraisal, 10053
which must include a 15-hour National Uniform Standards of 10054
Professional Appraisal Practice course, or its equivalent, as 10055
established by rule of the department board, from a nationally 10056
recognized or state-recognized appraisal organization, career 10057
center, accredited community college, college, or university, 10058
state or federal agency or commission, or proprietary real 10059
estate school that holds a permit pursuant to s. 475.451. All 10060
qualifying education courses may be completed through in-person 10061
classroom instruction or distance learning. A classroom hour is 10062
defined as 50 minutes out of each 60-minute segment. Past 10063
courses may be approved by the department board and substituted 10064
on an hour-for-hour basis. 10065
(4) A distance learning course may be approved by the 10066
department board as an option to classroom hours for 10067
satisfactory completion of the academic courses required under 10068
this section. The schools authorized by this section have the 10069
option of providing classroom courses, distance learning 10070
courses, or both. 10071
(a) A distance learning course must use a delivery method 10072
that is certified or approved by a department-authorized board-10073
authorized independent certifying organization. 10074
(b) A distance learning course intended for use as 10075

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academic education must include a written, closed-book final 10076
examination. As used in this paragraph, the term "written" 10077
refers to an exam that might be written on paper or administered 10078
electronically on a computer workstation or other device. Oral 10079
exams are not acceptable. 10080
(5) Each applicant must furnish, under oath, a detailed 10081
statement of the experience for each year of experience she or 10082
he claims. Upon request, the applicant shall furnish to the 10083
department board, for its examination, copies of appraisal 10084
reports or file memoranda to support the claim for experience. 10085
Any appraisal report or file memoranda used to support a claim 10086
for experience must be maintained by the applicant for no less 10087
than 5 years after the date of certification. 10088
(6) The department board may implement the provisions of 10089
this section by rule. 10090
Section 299. Section 475.6171, Florida Statutes, is 10091
amended to read: 10092
475.6171 Issuance of registration or certification.—The 10093
registration or certification of an applicant may be issued upon 10094
receipt by the department board of the following: 10095
(1) A complete application indicating compliance with 10096
qualifications as specified in s. 475.615. 10097
(2) Proof of successful course completion as specified in 10098
s. 475.617. 10099
(3) Proof of experience for certification as specified in 10100

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s. 475.617. 10101
(4) If required, proof of passing a written examination as 10102
specified in s. 475.616. 10103
(5) The department board shall implement this section by 10104
rule. 10105
Section 300. Subsection (1) of section 475.618, Florida 10106
Statutes, is amended to read: 10107
475.618 Renewal of registration, license, certification, 10108
or instructor permit; continuing education.— 10109
(1)(a) The department shall renew a registration, license, 10110
certification, or instructor permit upon receipt of the renewal 10111
application and proper fee. Such application shall include proof 10112
satisfactory to the department board that the individual has 10113
satisfactorily completed any continuing education that has been 10114
prescribed by the department board. 10115
(b) A distance learning course or courses shall be 10116
approved by the department board as an option to classroom hours 10117
as satisfactory completion of the course or courses as required 10118
by this section. The schools authorized by this section have the 10119
option of providing classroom courses, distance learning 10120
courses, or both. 10121
(c) The department board may authorize independent 10122
certification organizations to certify or approve the delivery 10123
method of distance learning courses. Certification from such 10124
authorized organizations must be provided at the time a distance 10125

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learning course is submitted to the department board by an 10126
accredited college, university, community college, career 10127
center, proprietary real estate school, or department-approved 10128
board-approved sponsor for content approval. 10129
Section 301. Section 475.619, Florida Statutes, is amended 10130
to read: 10131
475.619 Inactive status.— 10132
(1) A registration, license, or certification which has 10133
become inactive may be renewed upon application to the 10134
department. The department board shall prescribe by rule 10135
continuing education requirements for each year the 10136
registration, license, or certification was inactive, as a 10137
condition of renewing an inactive registration, license, or 10138
certification. 10139
(2) Any registration, license, or certification which has 10140
been inactive for more than 4 years shall automatically expire. 10141
Once a registration, license, or certification expires, it 10142
becomes null and void without any further action by the board or 10143
department. Two years prior to the expiration of the 10144
registration, license, or certification, the department shall 10145
give notice by mail to the registered trainee, licensee, or 10146
certificateholder at her or his last known address. The 10147
department board shall prescribe by rule a fee not to exceed 10148
$100 for the late renewal of an inactive registration, license, 10149
or certification. The department shall collect the current 10150

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renewal fee for each renewal period in which the registration, 10151
license, or certification was inactive, in addition to any 10152
applicable late renewal fee. 10153
(3) The department board shall adopt rules relating to 10154
inactive registrations, licenses, and certifications and for the 10155
renewal of such registrations, licenses, and certifications. 10156
Section 302. Subsections (2) and (3) of section 475.621, 10157
Florida Statutes, are amended to read: 10158
475.621 Registry of licensed and certified appraisers; 10159
registry of appraisal management companies.— 10160
(2) The department shall collect from such individuals who 10161
perform or seek to perform appraisals in federally related 10162
transactions an annual fee as set by rule of, and transmitted 10163
to, the appraisal subcommittee. The department shall collect 10164
from such appraisal management companies that perform or seek to 10165
perform appraisal management services in covered transactions an 10166
annual fee set by rule of the department board and transmitted 10167
to the appraisal subcommittee. 10168
(3) Notwithstanding the prohibition against requiring 10169
registration of a federally regulated appraisal management 10170
company as provided in s. 475.6235(8)(b), the department board 10171
shall establish a procedure to collect from a federally 10172
regulated appraisal management company an annual fee as set by 10173
rule of the department board and transmitted to the appraisal 10174
subcommittee. 10175

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Section 303. Section 475.6222, Florida Statutes, is 10176
amended to read: 10177
475.6222 Supervision and training of registered trainee 10178
appraisers.—The primary or secondary supervisory appraiser of a 10179
registered trainee appraiser shall provide direct supervision 10180
and training to the registered trainee appraiser. The role and 10181
responsibility of the supervisory appraiser is determined by 10182
rule of the department board. 10183
Section 304. Subsections (3) and (4) of section 475.6235, 10184
Florida Statutes, are amended to read: 10185
475.6235 Registration of appraisal management companies 10186
required; exemptions.— 10187
(3) Appropriate fees, as set forth in the rules of the 10188
department board pursuant to s. 475.6147, and a complete set of 10189
fingerprints for each person listed in paragraph (2)(f) must 10190
accompany all applications for registration. The fingerprints 10191
shall be forwarded to the Division of Criminal Justice 10192
Information Systems within the Department of Law Enforcement for 10193
purposes of processing the fingerprints to determine whether the 10194
person has a criminal history record. The fingerprints shall 10195
also be forwarded to the Federal Bureau of Investigation for 10196
purposes of processing the fingerprints to determine whether the 10197
person has a criminal history record. The information obtained 10198
by the processing of fingerprints by the Department of Law 10199
Enforcement and the Federal Bureau of Investigation shall be 10200

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sent to the department for the purpose of determining whether 10201
the appraisal management company is statutorily qualified for 10202
registration. 10203
(4) At the time of filing an application for registration 10204
of an appraisal management company, each person listed in 10205
paragraph (2)(f) must sign a pledge to comply with applicable 10206
standards of professional practice established by rule of the 10207
department board, including standards for the development or 10208
communication of a real estate appraisal, and must indicate in 10209
writing that she or he understands the types of misconduct for 10210
which disciplinary proceedings may be initiated. The application 10211
expires 1 year after the date received. 10212
Section 305. Section 475.624, Florida Statutes, is amended 10213
to read: 10214
475.624 Discipline of appraisers.—The department board may 10215
deny an application for registration or certification of an 10216
appraiser; may investigate the actions of any appraiser 10217
registered, licensed, or certified under this part; may 10218
reprimand or impose an administrative fine not to exceed $5,000 10219
for each count or separate offense against any such appraiser; 10220
and may revoke or suspend, for a period not to exceed 10 years, 10221
the registration, license, or certification of any such 10222
appraiser, or place any such appraiser on probation, if the 10223
department board finds that the registered trainee, licensee, or 10224
certificateholder: 10225

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(1) Has violated any provision of this part or s. 10226
455.227(1); however, any appraiser registered, licensed, or 10227
certified under this part is exempt from s. 455.227(1)(i). 10228
(2) Has been guilty of fraud, misrepresentation, 10229
concealment, false promises, false pretenses, dishonest conduct, 10230
culpable negligence, or breach of trust in any business 10231
transaction in this state or any other state, nation, or 10232
territory; has violated a duty imposed upon her or him by law or 10233
by the terms of a contract, whether written, oral, express, or 10234
implied, in an appraisal assignment; has aided, assisted, or 10235
conspired with any other person engaged in any such misconduct 10236
and in furtherance thereof; or has formed an intent, design, or 10237
scheme to engage in such misconduct and committed an overt act 10238
in furtherance of such intent, design, or scheme. It is 10239
immaterial to the guilt of the registered trainee appraiser or 10240
licensed or certified appraiser that the victim or intended 10241
victim of the misconduct has sustained no damage or loss; that 10242
the damage or loss has been settled and paid after discovery of 10243
the misconduct; or that such victim or intended victim was a 10244
customer or a person in confidential relation with the 10245
registered trainee appraiser or licensed or certified appraiser, 10246
or was an identified member of the general public. 10247
(3) Has advertised services in a manner that is 10248
fraudulent, false, deceptive, or misleading in form or content. 10249
(4) Has violated any provision of this part or any lawful 10250

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order or rule issued under this part or chapter 455. 10251
(5) Has been convicted or found guilty of, or entered a 10252
plea of nolo contendere to, regardless of adjudication, a crime 10253
in any jurisdiction that directly relates to the activities of a 10254
registered trainee appraiser or licensed or certified appraiser 10255
or that involves moral turpitude or fraudulent or dishonest 10256
conduct. The record of a conviction certified or authenticated 10257
in such form as admissible in evidence under the laws of the 10258
state shall be admissible as prima facie evidence of such guilt. 10259
(6) Has had a registration, license, or certification as 10260
an appraiser revoked, suspended, or otherwise acted against; has 10261
been disbarred; has had her or his registration, license, or 10262
certificate to practice or conduct any regulated profession, 10263
business, or vocation revoked or suspended by this or any other 10264
state, any nation, or any possession or district of the United 10265
States; or has had an application for such registration, 10266
licensure, or certification to practice or conduct any regulated 10267
profession, business, or vocation denied by this or any other 10268
state, any nation, or any possession or district of the United 10269
States. 10270
(7) Has become temporarily incapacitated from acting as an 10271
appraiser with safety to those in a fiduciary relationship with 10272
her or him because of drunkenness, use of drugs, or temporary 10273
mental derangement; however, suspension of a license, 10274
certification, or registration in such cases shall only be for 10275

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the period of such incapacity. 10276
(8) Is confined in any county jail, postadjudication; is 10277
confined in any state or federal prison or mental institution; 10278
or, through mental disease or deterioration, can no longer 10279
safely be entrusted to deal with the public or in a confidential 10280
capacity. 10281
(9) Has failed to inform the department board in writing 10282
within 30 days after pleading guilty or nolo contendere to, or 10283
being convicted or found guilty of, any felony. 10284
(10) Has been found guilty, for a second time, of any 10285
misconduct that warrants disciplinary action, or has been found 10286
guilty of a course of conduct or practice that shows that she or 10287
he is incompetent, negligent, dishonest, or untruthful to an 10288
extent that those with whom she or he may sustain a confidential 10289
relationship may not safely do so. 10290
(11) Has made or filed a report or record, either written 10291
or oral, that the registered trainee appraiser or licensed or 10292
certified appraiser knows to be false; has willfully failed to 10293
file a report or record required by state or federal law; has 10294
willfully impeded or obstructed such filing; or has induced 10295
another person to impede or obstruct such filing. However, such 10296
reports or records shall include only those that are signed or 10297
presented in the capacity of a registered trainee appraiser or 10298
licensed or certified appraiser. 10299
(12) Has obtained or attempted to obtain a registration, 10300

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license, or certification by means of knowingly making a false 10301
statement, submitting false information, refusing to provide 10302
complete information in response to an application question, or 10303
engaging in fraud, misrepresentation, or concealment. 10304
(13) Has paid money or other valuable consideration, 10305
except as required by this section, to any member or employee of 10306
the department board to obtain a registration, license, or 10307
certification under this section. 10308
(14) Has violated any standard of professional practice 10309
established by rule of the department board, including standards 10310
for the development or communication of a real estate appraisal. 10311
(15) Has failed or refused to exercise reasonable 10312
diligence in developing an appraisal or preparing an appraisal 10313
report. 10314
(16) Has failed to communicate an appraisal without good 10315
cause. 10316
(17) Has accepted an appraisal assignment if the 10317
employment itself is contingent upon the appraiser reporting a 10318
predetermined result, analysis, or opinion or if the fee to be 10319
paid for the performance of the appraisal assignment is 10320
contingent upon the opinion, conclusion, or valuation reached 10321
upon the consequences resulting from the appraisal assignment. 10322
(18) Has failed to timely notify the department of any 10323
change in business location, or has failed to fully disclose all 10324
business locations from which she or he operates as a registered 10325

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trainee appraiser or licensed or certified appraiser. 10326
Section 306. Section 475.6245, Florida Statutes, is 10327
amended to read: 10328
475.6245 Discipline of appraisal management companies.— 10329
(1) The department board may deny an application for 10330
registration or renewal registration of an appraisal management 10331
company; may investigate the actions of any appraisal management 10332
company registered under this part; may reprimand or impose an 10333
administrative fine not to exceed $5,000 for each count or 10334
separate offense against any such appraisal management company; 10335
and may revoke or suspend, for a period not to exceed 10 years, 10336
the registration of any such appraisal management company, or 10337
place any such appraisal management company on probation, if the 10338
department board finds that the appraisal management company or 10339
any person listed in s. 475.6235(2)(f): 10340
(a) Has violated any provision of this part or s. 10341
455.227(1); however, any appraisal management company registered 10342
under this part is exempt from s. 455.227(1)(i). 10343
(b) Has been guilty of fraud, misrepresentation, 10344
concealment, false promises, false pretenses, dishonest conduct, 10345
culpable negligence, or breach of trust in any business 10346
transaction in this state or any other state, nation, or 10347
territory; has violated a duty imposed upon her or him by law or 10348
by the terms of a contract, whether written, oral, express, or 10349
implied, in an appraisal assignment; has aided, assisted, or 10350

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conspired with any other person engaged in any such misconduct 10351
and in furtherance thereof; or has formed an intent, design, or 10352
scheme to engage in such misconduct and committed an overt act 10353
in furtherance of such intent, design, or scheme. It is 10354
immaterial to the guilt of the appraisal management company that 10355
the victim or intended victim of the misconduct has sustained no 10356
damage or loss; that the damage or loss has been settled and 10357
paid after discovery of the misconduct; or that such victim or 10358
intended victim was a customer or a person in confidential 10359
relation with the appraisal management company or was an 10360
identified member of the general public. 10361
(c) Has advertised services in a manner that is 10362
fraudulent, false, deceptive, or misleading in form or content. 10363
(d) Has violated any provision of this part or any lawful 10364
order or rule issued under this part or chapter 455. 10365
(e) Has been convicted or found guilty of, or entered a 10366
plea of nolo contendere to, regardless of adjudication, a crime 10367
in any jurisdiction that directly relates to the activities of 10368
an appraisal management company or that involves moral turpitude 10369
or fraudulent or dishonest conduct. The record of a conviction 10370
certified or authenticated in such form as admissible in 10371
evidence under the laws of the state shall be admissible as 10372
prima facie evidence of such guilt. 10373
(f) Has had a registration, license, or certification as 10374
an appraiser or a registration as an appraisal management 10375

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company revoked, suspended, or otherwise acted against; has been 10376
disbarred; has had her or his registration, license, or 10377
certificate to practice or conduct any regulated profession, 10378
business, or vocation revoked or suspended by this or any other 10379
state, any nation, or any possession or district of the United 10380
States; or has had an application for such registration, 10381
licensure, or certification to practice or conduct any regulated 10382
profession, business, or vocation denied by this or any other 10383
state, any nation, or any possession or district of the United 10384
States. 10385
(g) Has become temporarily incapacitated from acting as an 10386
appraisal management company with safety to those in a fiduciary 10387
relationship with her or him because of drunkenness, use of 10388
drugs, or temporary mental derangement; however, suspension of a 10389
registration in such cases shall only be for the period of such 10390
incapacity. 10391
(h) Is confined in any county jail, postadjudication; is 10392
confined in any state or federal prison or mental institution; 10393
or, through mental disease or deterioration, can no longer 10394
safely be entrusted to deal with the public or in a confidential 10395
capacity. 10396
(i) Has failed to inform the department board in writing 10397
within 30 days after pleading guilty or nolo contendere to, or 10398
being convicted or found guilty of, any felony. 10399
(j) Has been found guilty, for a second time, of any 10400

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misconduct that warrants disciplinary action, or has been found 10401
guilty of a course of conduct or practice that shows that she or 10402
he is incompetent, negligent, dishonest, or untruthful to an 10403
extent that those with whom she or he may sustain a confidential 10404
relationship may not safely do so. 10405
(k) Has made or filed a report or record, either written 10406
or oral, that the appraisal management company knows to be 10407
false; has willfully failed to file a report or record required 10408
by state or federal law; has willfully impeded or obstructed 10409
such filing; or has induced another person to impede or obstruct 10410
such filing. However, such reports or records shall include only 10411
those that are signed or presented in the capacity of an 10412
appraisal management company. 10413
(l) Has obtained or attempted to obtain a registration, 10414
license, or certification by means of knowingly making a false 10415
statement, submitting false information, refusing to provide 10416
complete information in response to an application question, or 10417
engaging in fraud, misrepresentation, or concealment. 10418
(m) Has paid money or other valuable consideration, except 10419
as required by this section, to any member or employee of the 10420
department board to obtain a registration, license, or 10421
certification under this section. 10422
(n) Has instructed an appraiser to violate any standard of 10423
professional practice established by rule of the department 10424
board, including standards for the development or communication 10425

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of a real estate appraisal or other provision of the Uniform 10426
Standards of Professional Appraisal Practice. 10427
(o) Has engaged in the development of an appraisal or the 10428
preparation of an appraisal report, unless the appraisal 10429
management company is owned or controlled by certified 10430
appraisers. 10431
(p) Has failed to communicate an appraisal without good 10432
cause. 10433
(q) Has accepted an appraisal assignment if the employment 10434
itself is contingent upon the appraisal management company 10435
reporting a predetermined result, analysis, or opinion or if the 10436
fee to be paid for the performance of the appraisal assignment 10437
is contingent upon the opinion, conclusion, or valuation reached 10438
upon the consequences resulting from the appraisal assignment. 10439
(r) Has failed to timely notify the department of any 10440
change in principal business location as an appraisal management 10441
company. 10442
(s) Has influenced or attempted to influence the 10443
development, reporting, or review of an appraisal through 10444
coercion, extortion, collusion, compensation, inducement, 10445
intimidation, bribery, or any other means, including, but not 10446
limited to: 10447
1. Withholding or threatening to withhold timely payment 10448
for an appraisal, unless such nonpayment is based upon specific 10449
quality or other service issues that constitute noncompliance 10450

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with the appraisal engagement agreement. 10451
2. Withholding or threatening to withhold future business 10452
from an appraiser. 10453
3. Promising future business, promotions, or increased 10454
compensation for an appraiser, whether the promise is express or 10455
implied. 10456
4. Conditioning a request for appraisal services or the 10457
payment of an appraisal fee, salary, or bonus upon the opinion, 10458
conclusion, or valuation to be reached or upon a preliminary 10459
estimate or opinion requested from an appraiser. 10460
5. Requesting that an appraiser provide an estimated, 10461
predetermined, or desired valuation in an appraisal report or 10462
provide estimated values or comparable sales at any time before 10463
the appraiser's completion of appraisal services. 10464
6. Providing to an appraiser an anticipated, estimated, 10465
encouraged, or desired value for a subject property or a 10466
proposed or target amount to be loaned to the borrower, except 10467
that a copy of the sales contract for purchase transactions may 10468
be provided. 10469
7. Providing to an appraiser, or any person related to the 10470
appraiser, stock or other financial or nonfinancial benefits. 10471
8. Allowing the removal of an appraiser from an appraiser 10472
panel without prior written notice to the appraiser. 10473
9. Obtaining, using, or paying for a second or subsequent 10474
appraisal or ordering an automated valuation model in connection 10475

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with a mortgage financing transaction unless there is a 10476
reasonable basis to believe that the initial appraisal was 10477
flawed or tainted and such basis is clearly and appropriately 10478
noted in the loan file, or unless such appraisal or automated 10479
valuation model is issued pursuant to a bona fide prefunding or 10480
postfunding appraisal review or quality control process. 10481
10. Any other act or practice that impairs or attempts to 10482
impair an appraiser's independence, objectivity, or 10483
impartiality. 10484
(t) Has altered, modified, or otherwise changed a 10485
completed appraisal report submitted by an appraiser to an 10486
appraisal management company. 10487
(u) Has employed, contracted with, or otherwise retained 10488
an appraiser whose registration, license, or certification is 10489
suspended or revoked to perform appraisal services or appraisal 10490
management services. 10491
(v) Has required or attempted to require an appraiser to 10492
sign any indemnification agreement that would require the 10493
appraiser to hold harmless the appraisal management company or 10494
its owners, agents, employees, or independent contractors from 10495
any liability, damage, loss, or claim arising from the services 10496
performed by the appraisal management company or its owners, 10497
agents, employees, or independent contractors and not the 10498
services performed by the appraiser. 10499
(w) Has required or attempted to require a client to sign 10500

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any indemnification agreement that would require the client to 10501
hold harmless the appraisal management company or its owners, 10502
agents, or employees from any liability, damage, loss, or claim 10503
arising from the services performed by an appraiser. 10504
(2) The department board may reprimand an appraisal 10505
management company, conditionally or unconditionally suspend or 10506
revoke any registration of an appraisal management company 10507
issued under this part, or impose administrative fines not to 10508
exceed $5,000 for each count or separate offense against any 10509
such appraisal management company if the department board 10510
determines that the appraisal management company is attempting 10511
to perform, has performed, or has attempted to perform any of 10512
the following acts: 10513
(a) Committing any act in violation of this part. 10514
(b) Violating any rule adopted by the department board 10515
under this part. 10516
(c) Obtaining a registration of an appraisal management 10517
company by fraud, misrepresentation, or deceit. 10518
(3) This section does not prohibit an appraisal management 10519
company from requesting an appraiser to: 10520
(a) Provide additional information about the basis of a 10521
valuation, including consideration of additional comparable 10522
data; or 10523
(b) Correct objective factual errors in an appraisal 10524
report. 10525

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Section 307. Section 475.625, Florida Statutes, is amended 10526
to read: 10527
475.625 Final orders.—The department board may publish and 10528
distribute, in such manner and form as it may prescribe, any of 10529
its final orders or decisions made under this section, after 10530
they become final by lapse of time or upon affirmance on appeal, 10531
or opinions of appellate courts for the guidance of appraisers, 10532
appraiser users, and the public. The department board may also 10533
publish or withhold from publication the names and addresses of 10534
any parties concerned. This section shall not be construed to 10535
affect compliance with chapter 119. 10536
Section 308. Paragraphs (c), (d), and (e) of subsection 10537
(1) of section 475.626, Florida Statutes, are amended to read: 10538
475.626 Violations and penalties.— 10539
(1) A person may not: 10540
(c) Make any false affidavit or affirmation intended for 10541
use as evidence by or before the department board or any member 10542
thereof, or by any of its authorized representatives, nor may 10543
any person give false testimony under oath or affirmation to or 10544
before the department board or any member thereof in any 10545
proceeding authorized by this section. 10546
(d) Fail or refuse to appear at the time and place 10547
designated in a subpoena issued with respect to a violation of 10548
this section, unless such failure to appear is the result of 10549
facts or circumstances that are sufficient to excuse appearance 10550

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in response to a subpoena from the circuit court; nor may a 10551
person who is present before the department board or a member 10552
thereof or one of its authorized representatives acting under 10553
authority of this section refuse to be sworn or to affirm or 10554
fail or refuse to answer fully any question propounded by the 10555
department board, the member, or such representative, or by any 10556
person by the authority of such officer or appointee. 10557
(e) Obstruct or hinder in any manner the enforcement of 10558
this section or the performance of any lawful duty by any person 10559
acting under the authority of this section, or interfere with, 10560
intimidate, or offer any bribe to any employee member of the 10561
department board or any of its employees or any person who is, 10562
or is expected to be, a witness in any investigation or 10563
proceeding relating to a violation of this section. 10564
Section 309. Section 475.627, Florida Statutes, is amended 10565
to read: 10566
475.627 Appraisal course instructors.— 10567
(1) Where the course or courses to be taught are 10568
prescribed by the department board or approved precedent to 10569
registration, licensure, certification, or renewal as a 10570
registered trainee appraiser, licensed appraiser, or certified 10571
residential appraiser, before commencing to instruct noncredit 10572
college courses in a college, university, or community college, 10573
or courses in a career center or proprietary real estate school, 10574
a person must certify her or his competency by meeting one of 10575

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the following requirements: 10576
(a) Hold a valid certification as a residential real 10577
estate appraiser in this or any other state. 10578
(b) Pass an appraiser instructor's examination which shall 10579
test knowledge of residential appraisal topics. 10580
(2) Where the course or courses to be taught are 10581
prescribed by the department board or approved precedent to 10582
registration, licensure, certification, or renewal as a 10583
registered trainee appraiser, licensed appraiser, or certified 10584
appraiser, before commencing to instruct noncredit college 10585
courses in a college, university, or community college, or 10586
courses in a career center or proprietary real estate school, a 10587
person must certify her or his competency by meeting one of the 10588
following requirements: 10589
(a) Hold a valid certification as a general real estate 10590
appraiser in this or any other state. 10591
(b) Pass an appraiser instructor's examination which shall 10592
test knowledge of residential and nonresidential appraisal 10593
topics. 10594
(3) Possession of a permit to teach prescribed or approved 10595
appraisal courses does not entitle the permitholder to teach any 10596
courses outside the scope of the permit. 10597
Section 310. Section 475.628, Florida Statutes, is amended 10598
to read: 10599
475.628 Professional standards for appraisers registered, 10600

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licensed, or certified under this part.— 10601
(1) The department board shall adopt rules establishing 10602
standards of professional practice which meet or exceed 10603
nationally recognized standards of appraisal practice, including 10604
standards adopted by the Appraisal Standards Board of the 10605
Appraisal Foundation. Each appraiser registered, licensed, or 10606
certified under this part must comply with the rules. Statements 10607
on appraisal standards which may be issued for the purpose of 10608
clarification, interpretation, explanation, or elaboration 10609
through the Appraisal Foundation are binding on any appraiser 10610
registered, licensed, or certified under this part, upon 10611
adoption by rule of the department board. 10612
(2) The department board may adopt rules establishing 10613
standards of professional practice other than standards adopted 10614
by the Appraisal Standards Board of the Appraisal Foundation for 10615
nonfederally related transactions. The department board shall 10616
require that when performing an appraisal or appraisal service 10617
for any purpose other than a federally related transaction, an 10618
appraiser must comply with the Ethics and Competency Rules of 10619
the standards adopted by the Appraisal Standards Board of the 10620
Appraisal Foundation, and other requirements as determined by 10621
rule of the department board. An assignment completed using 10622
alternate standards does not satisfy the experience requirements 10623
under s. 475.617 unless the assignment complies with the 10624
standards adopted by the Appraisal Standards Board of the 10625

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Appraisal Foundation. 10626
Section 311. Section 475.629, Florida Statutes, is amended 10627
to read: 10628
475.629 Retention of records.—An appraiser registered, 10629
licensed, or certified under this part shall prepare and retain 10630
a work file for each appraisal, appraisal review, or appraisal 10631
consulting assignment. An appraisal management company 10632
registered under this part shall prepare and retain an order 10633
file for each appraisal, appraisal review, or appraisal 10634
consulting assignment. The work file and the order file shall be 10635
retained for 5 years or the period specified in the Uniform 10636
Standards of Professional Appraisal Practice, whichever is 10637
greater. The work file must contain original or true copies of 10638
any contracts engaging the appraiser's or appraisal management 10639
company's services, appraisal reports, and supporting data 10640
assembled and formulated by the appraiser or company in 10641
preparing appraisal reports or engaging in appraisal management 10642
services and all other data, information, and documentation 10643
required by the standards for the development or communication 10644
of a real estate appraisal as approved and adopted by the 10645
Appraisal Standards Board of The Appraisal Foundation, as 10646
established by rule of the department board. The order file must 10647
contain original or true copies of any contracts engaging the 10648
appraiser's services, the appraisal reports, any engagement 10649
materials or instructions from the client, and all other 10650

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documents required by the standards for the development or 10651
communication of a real estate appraisal as approved and adopted 10652
by the Appraisal Standards Board of The Appraisal Foundation, as 10653
established by rule of the department board. Notwithstanding the 10654
foregoing, while general contracts and materials pertaining to 10655
impaneling of an appraiser by an appraisal management company 10656
shall be retained under this section, such contracts and 10657
materials are not required to be maintained within the order 10658
file. Except as otherwise specified in the Uniform Standards of 10659
Professional Appraisal Practice, the period for retention of the 10660
records applicable to each engagement of the services of the 10661
appraiser or appraisal management company runs from the date of 10662
the submission of the appraisal report to the client. Appraisal 10663
management companies shall also retain the company accounts, 10664
correspondence, memoranda, papers, books, and other records in 10665
accordance with administrative rules adopted by the department 10666
board. These records must be made available by the appraiser or 10667
appraisal management company for inspection and copying by the 10668
department upon reasonable notice to the appraiser or company. 10669
If an appraisal has been the subject of or has served as 10670
evidence for litigation, reports and records must be retained 10671
for at least 2 years after the trial or the period specified in 10672
the Uniform Standards of Professional Appraisal Practice, 10673
whichever is greater. 10674
Section 312. Section 475.630, Florida Statutes, is amended 10675

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to read: 10676
475.630 Temporary practice.— 10677
(1) The department board shall recognize, on a temporary 10678
basis, the license or certification of an appraiser issued by 10679
another state, if: 10680
(a) The property to be appraised is part of a federally 10681
related transaction. 10682
(b) The appraiser's business is of a temporary nature. 10683
(c) The appraiser registers with the department board. 10684
(d) The person requesting recognition of a license or 10685
certification as an appraiser issued by another state is a 10686
nonresident of Florida. 10687
(2) In order to register with the department board, the 10688
appraiser must: 10689
(a) Pay any required fee as established by rule. 10690
(b) Provide, or cause the state where the applicant may be 10691
licensed or certified to furnish, proof of licensure or 10692
certification along with the copies of the records of any 10693
disciplinary actions taken against the applicant's license or 10694
certification in that or other jurisdictions. 10695
(c) Agree in writing to cooperate with any investigation 10696
initiated under this part by promptly supplying such documents 10697
that any authorized representative of the department may 10698
request. If the department sends a notice by certified mail to 10699
the last known address of a nonresident appraiser to produce 10700

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documents or to appear in conjunction with an investigation and 10701
the nonresident appraiser fails to comply with that request, the 10702
department board may impose on that nonresident appraiser any 10703
disciplinary action or penalty authorized under this part. 10704
(d) Sign a notarized statement that the applicant has read 10705
this section and all applicable rules and agrees to abide by 10706
these provisions in all appraisal activities. 10707
Section 313. Section 475.631, Florida Statutes, is amended 10708
to read: 10709
475.631 Nonresident licenses and certifications.— 10710
(1) Any resident state-certified appraiser who becomes a 10711
nonresident shall, within 60 days, notify the department board 10712
of the change in residency and comply with nonresident 10713
requirements. Failure to notify and comply is a violation of the 10714
license law, subject to the penalties in s. 475.624. 10715
(2) All nonresident applicants, certified appraisers, and 10716
licensees shall comply with all requirements of department board 10717
rules and this part. 10718
Section 314. Section 475.613, Florida Statutes, is amended 10719
to read: 10720
475.613 Authority of the department Florida Real Estate 10721
Appraisal Board.— 10722
(1) There is created the Florida Real Estate Appraisal 10723
Board, which shall consist of nine members appointed by the 10724
Governor, subject to confirmation by the Senate. Four members of 10725

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the board must be real estate appraisers who have been engaged 10726
in the general practice of appraising real property in this 10727
state for at least 5 years immediately preceding appointment. In 10728
appointing real estate appraisers to the board, while not 10729
excluding other appraisers, the Governor shall give preference 10730
to real estate appraisers who are not primarily engaged in real 10731
estate brokerage or mortgage lending activities. One member of 10732
the board must represent the appraisal management industry. One 10733
member of the board must represent organizations that use 10734
appraisals for the purpose of eminent domain proceedings, 10735
financial transactions, or mortgage insurance. Three members of 10736
the board must represent the general public and may not be 10737
connected in any way with the practice of real estate appraisal. 10738
The appraiser members shall be as representative of the entire 10739
industry as possible, and membership in a nationally recognized 10740
or state-recognized appraisal organization may not be a 10741
prerequisite to membership on the board. To the extent possible, 10742
no more than two members of the board shall be primarily 10743
affiliated with any one particular national or state appraisal 10744
association. Two of the members must be licensed or certified 10745
residential real estate appraisers and two of the members must 10746
be certified general real estate appraisers at the time of their 10747
appointment. 10748
(a) Members of the board shall be appointed for 4-year 10749
terms. Any vacancy occurring in the membership of the board 10750

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shall be filled by appointment by the Governor for the unexpired 10751
term. Upon expiration of her or his term, a member of the board 10752
shall continue to hold office until the appointment and 10753
qualification of the member's successor. A member may not be 10754
appointed for more than two consecutive terms. The Governor may 10755
remove any member for cause. 10756
(b) The headquarters for the board shall be in Orlando. 10757
(c) The board shall meet at least once each calendar 10758
quarter to conduct its business. 10759
(d) The members of the board shall elect a chairperson at 10760
the first meeting each year. 10761
(e) Each member of the board is entitled to per diem and 10762
travel expenses as set by legislative appropriation for each day 10763
that the member engages in the business of the board. 10764
(2) The department board shall have, through its rules, 10765
full power to regulate the issuance of licenses, certifications, 10766
registrations, and permits; to discipline appraisers in any 10767
manner permitted under this section; to establish qualifications 10768
for licenses, certifications, registrations, and permits 10769
consistent with this section; to regulate approved courses; to 10770
establish standards for real estate appraisals; and to establish 10771
standards for and regulate supervisory appraisers. 10772
(3) Notwithstanding s. 112.313, any member of the board 10773
who is a licensed or certified real estate appraiser and who 10774
holds an active appraiser instructor permit issued by the 10775

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department, to the extent authorized pursuant to such permit, 10776
may offer, conduct, or teach any course prescribed or approved 10777
by the board or the department. 10778
Section 315. Subsections (2), (8), and (9) of section 10779
476.184, Florida Statutes, are amended, and subsection (11) is 10780
added to that section, to read: 10781
476.184 Barbershop licensure; requirements; fee; 10782
inspection; license display.— 10783
(2) The department board shall adopt rules governing the 10784
licensure and operation of a barbershop and its facilities, 10785
personnel, safety and sanitary requirements, and the license 10786
application and granting process. 10787
(8) Renewal of license registration for barbershops shall 10788
be accomplished pursuant to rules adopted by the department 10789
board. The department board is further authorized to adopt rules 10790
governing delinquent renewal of licenses and may impose penalty 10791
fees for delinquent renewal. 10792
(9) The department board is authorized to adopt rules 10793
governing the operation and periodic inspection of barbershops 10794
licensed under this chapter. 10795
(11)(a) The department shall adopt rules governing the 10796
licensure, operation, and inspection of mobile barbershops, 10797
including their facilities, personnel, and safety and sanitary 10798
requirements. 10799
(b) Each mobile barbershop must comply with all licensure 10800

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and operating requirements specified in this chapter, chapter 10801
455, or rules of the department that apply to barbershops at 10802
fixed locations, except to the extent that such requirements 10803
conflict with this subsection or rules adopted pursuant to this 10804
subsection. 10805
(c) A mobile barbershop must maintain a permanent business 10806
address, located in the inspection area of the local department 10807
office, at which records of appointments, itineraries, license 10808
numbers of employees, and vehicle identification numbers of the 10809
licenseholder's mobile barbershop shall be kept and made 10810
available for verification purposes by department personnel, and 10811
at which correspondence from the department can be received. 10812
(d) To facilitate periodic inspections of a mobile 10813
barbershop, before the beginning of each month each mobile 10814
barbershop licenseholder must file with the department a written 10815
monthly itinerary listing the locations where and the dates and 10816
hours when the mobile barbershop will be operating. 10817
(e) The licenseholder must comply with all local laws and 10818
ordinances regulating business establishments, with all 10819
applicable requirements of the Americans with Disabilities Act 10820
relating to accommodations for persons with disabilities, and 10821
with all applicable requirements of the Occupational Safety and 10822
Health Administration. 10823
Section 316. Section 476.188, Florida Statutes, is amended 10824
to read: 10825

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476.188 Barber services to be performed in a licensed 10826
registered barbershop; exception.— 10827
(1) Barber services shall be performed only by licensed 10828
barbers in licensed registered barbershops, except as otherwise 10829
provided in this section. 10830
(2) Pursuant to rules established by the department board, 10831
barber services may be performed by a licensed barber in a 10832
location other than a licensed registered barbershop, including, 10833
but not limited to, a nursing home, hospital, or residence, when 10834
a client for reasons of ill health is unable to go to a licensed 10835
registered barbershop. Arrangements for the performance of 10836
barber services in a location other than a licensed registered 10837
barbershop may shall be made only through a licensed registered 10838
barbershop. However, a barber may shampoo, cut, or arrange hair 10839
in a location other than a licensed registered barbershop 10840
without such arrangements. 10841
(3) Any person who holds a valid barber's license in any 10842
state or who is authorized to practice barbering in any country, 10843
territory, or jurisdiction of the United States may perform 10844
barber services in a location other than a licensed registered 10845
barbershop when such services are performed in connection with 10846
the motion picture, fashion photography, theatrical, or 10847
television industry; a manufacturer trade show demonstration; or 10848
an educational seminar. 10849
(4) Pursuant to rules adopted by the department, the 10850

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practice of barbering may be performed in a location other than 10851
a licensed barbershop when performed in connection with a 10852
special event and by a person who holds the proper license. 10853
Section 317. Section 481.213, Florida Statutes, is amended 10854
to read: 10855
481.213 Licensure and registration.— 10856
(1) The department shall license or register any applicant 10857
who the board certifies is qualified for licensure or 10858
registration and who has paid the initial licensure or 10859
registration fee. Licensure as an architect under this section 10860
shall be deemed to include all the rights and privileges of 10861
registration as an interior designer under this section. 10862
(2) The department board shall certify for licensure or 10863
registration by examination any applicant who passes the 10864
prescribed licensure or registration examination and satisfies 10865
the requirements of ss. 481.209 and 481.211, for architects, or 10866
the requirements of s. 481.209, for interior designers. 10867
(3) The department board shall certify as qualified for a 10868
license by endorsement as an architect or registration as a 10869
registered interior designer an applicant who: 10870
(a) Qualifies to take the prescribed licensure or 10871
registration examination, and has passed the prescribed 10872
licensure or registration examination or a substantially 10873
equivalent examination in another jurisdiction, as set forth in 10874
s. 481.209 for architects or registered interior designers, as 10875

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applicable, and has satisfied the internship requirements set 10876
forth in s. 481.211 for architects; 10877
(b) Holds a valid license to practice architecture or a 10878
license, registration, or certification to practice interior 10879
design issued by another jurisdiction of the United States or a 10880
foreign jurisdiction, if the criteria for issuance of such 10881
license were substantially equivalent to the licensure criteria 10882
that existed in this state at the time the license was issued; 10883
or 10884
(c) Has passed the prescribed licensure examination and 10885
holds a valid certificate issued by the National Council of 10886
Architectural Registration Boards, and holds a valid license to 10887
practice architecture issued by another state or jurisdiction of 10888
the United States or a foreign jurisdiction. 10889
10890
An architect who is licensed in another state, another 10891
jurisdiction of the United States, or a foreign jurisdiction, 10892
who seeks qualification for licensure license by endorsement 10893
under this subsection must complete a 2-hour class approved by 10894
the department board on wind mitigation techniques. 10895
(4) The department board may refuse to certify any 10896
applicant who has violated any of the provisions of s. 481.223, 10897
s. 481.225, or s. 481.2251, as applicable. 10898
(5) The department board may refuse to certify any 10899
applicant who is under investigation in any jurisdiction for any 10900

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act which would constitute a violation of this part or of 10901
chapter 455 until such time as the investigation is complete and 10902
disciplinary proceedings have been terminated. 10903
(6) The department board shall adopt rules to implement 10904
the provisions of this part relating to the examination, 10905
internship, and licensure of applicants. 10906
(7) For persons whose licensure requires satisfaction of 10907
the requirements of ss. 481.209 and 481.211, the board shall, by 10908
rule, establish qualifications for certification of such persons 10909
as special inspectors of threshold buildings, as defined in ss. 10910
553.71 and 553.79, and shall compile a list of persons who are 10911
certified. A special inspector is not required to meet standards 10912
for certification other than those established by the department 10913
board, and the fee owner of a threshold building may not be 10914
prohibited from selecting any person certified by the board to 10915
be a special inspector. The department board shall develop 10916
minimum qualifications for the qualified representative of the 10917
special inspector who is authorized under s. 553.79 to perform 10918
inspections of threshold buildings on behalf of the special 10919
inspector. 10920
(8) A certificate of registration is not required for a 10921
person whose occupation or practice is confined to interior 10922
decorator services or for a person whose occupation or practice 10923
is confined to interior design as provided in this part. 10924
Section 318. Subsections (1), (2), and (4) of section 10925

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481.321, Florida Statutes, are amended to read: 10926
481.321 Seals; display of certificate number.— 10927
(1) The department board shall prescribe, by rule, one or 10928
more forms of seals for use by a registered landscape architect 10929
who holds a valid certificate of registration. Each registered 10930
landscape architect shall obtain one seal in a form approved by 10931
rule of the department board and may, in addition, register her 10932
or his seal electronically in accordance with ss. 668.001-10933
668.006. All final plans, specifications, or reports prepared or 10934
issued by the registered landscape architect and filed for 10935
public record shall be signed by the registered landscape 10936
architect, dated, and stamped or sealed electronically with her 10937
or his seal. The signature, date, and seal constitute evidence 10938
of the authenticity of that to which they are affixed. Final 10939
plans, specifications, or reports prepared or issued by a 10940
registered landscape architect may be transmitted electronically 10941
and may be signed by the registered landscape architect, dated, 10942
and sealed electronically with the seal in accordance with ss. 10943
668.001-668.006. 10944
(2) It is unlawful for any person to sign and seal by any 10945
means any final plan, specification, or report after her or his 10946
certificate of registration is expired, suspended, or revoked. A 10947
registered landscape architect whose certificate of registration 10948
is suspended or revoked shall, within 30 days after the 10949
effective date of the suspension or revocation, surrender her or 10950

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his seal to the department executive director of the board and 10951
confirm in writing to the department executive director the 10952
cancellation of the landscape architect's electronic signature 10953
in accordance with ss. 668.001-668.006. When a landscape 10954
architect's certificate of registration is suspended for a 10955
period of time, her or his seal shall be returned upon 10956
expiration of the period of suspension. 10957
(4) Nothing in This part does not shall prohibit a 10958
registered landscape architect from filing plans of work defined 10959
under this part. A state agency or local government may not 10960
refuse to accept the seal of a landscape architect for any of 10961
the professional services delineated in s. 481.303(4), 10962
including, but not limited to, grading and drainage. 10963
Section 319. Paragraph (b) of subsection (6), paragraph 10964
(l) of subsection (8), paragraphs (a) and (d) of subsection (9), 10965
and subsections (15) and (16) of section 499.012, Florida 10966
Statutes, are amended, to read: 10967
499.012 Permit application requirements.— 10968
(6) A permit issued by the department is nontransferable. 10969
Each permit is valid only for the person or governmental unit to 10970
which it is issued and is not subject to sale, assignment, or 10971
other transfer, voluntarily or involuntarily; nor is a permit 10972
valid for any establishment other than the establishment for 10973
which it was originally issued. 10974

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(b)1. An application for a new permit is required when a 10975
majority of the ownership or controlling interest of a permitted 10976
establishment is transferred or assigned or when a lessee agrees 10977
to undertake or provide services to the extent that legal 10978
liability for operation of the establishment will rest with the 10979
lessee. The application for the new permit must be made within 10980
30 days after before the date of the sale, transfer, assignment, 10981
or lease. 10982
2. A permittee that is authorized to distribute 10983
prescription drugs may transfer such drugs to the new owner or 10984
lessee under subparagraph 1. only after the new owner or lessee 10985
has been approved for a permit to distribute prescription drugs. 10986
10987
The department may revoke the permit of any person that fails to 10988
comply with the requirements of this subsection. 10989
(8) An application for a permit or to renew a permit for a 10990
prescription drug wholesale distributor or an out-of-state 10991
prescription drug wholesale distributor submitted to the 10992
department must include: 10993
(l) The name of each of the applicant's designated 10994
representatives as required by subsection (15), together with 10995
The personal information statement and fingerprints required 10996
pursuant to subsection (9) for each such person. 10997
(9)(a) Each person required by subsection (8) or 10998
subsection (15) to provide a personal information statement and 10999

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fingerprints shall provide the following information to the 11000
department on forms prescribed by the department: 11001
1. The person's places of residence for the past 7 years. 11002
2. The person's date and place of birth. 11003
3. The person's occupations, positions of employment, and 11004
offices held during the past 7 years. 11005
4. The principal business and address of any business, 11006
corporation, or other organization in which each such office of 11007
the person was held or in which each such occupation or position 11008
of employment was carried on. 11009
5. Whether the person has been, during the past 7 years, 11010
the subject of any proceeding for the revocation of any license 11011
and, if so, the nature of the proceeding and the disposition of 11012
the proceeding. 11013
6. Whether, during the past 7 years, the person has been 11014
enjoined, temporarily or permanently, by a court of competent 11015
jurisdiction from violating any federal or state law regulating 11016
the possession, control, or distribution of prescription drugs, 11017
together with details concerning any such event. 11018
7. A description of any involvement by the person with any 11019
business, including any investments, other than the ownership of 11020
stock in a publicly traded company or mutual fund, during the 11021
past 4 years, which manufactured, administered, prescribed, 11022
distributed, or stored pharmaceutical products and any lawsuits 11023
in which such businesses were named as a party. 11024

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8. A description of any felony criminal offense of which 11025
the person, as an adult, was found guilty, regardless of whether 11026
adjudication of guilt was withheld or whether the person pled 11027
guilty or nolo contendere. A criminal offense committed in 11028
another jurisdiction which would have been a felony in this 11029
state must be reported. If the person indicates that a criminal 11030
conviction is under appeal and submits a copy of the notice of 11031
appeal of that criminal offense, the applicant must, within 15 11032
days after the disposition of the appeal, submit to the 11033
department a copy of the final written order of disposition. 11034
9. A photograph of the person taken in the previous 180 11035
days. 11036
10. A set of fingerprints for the person on a form and 11037
under procedures specified by the department, together with 11038
payment of an amount equal to the costs incurred by the 11039
department for the criminal record check of the person. 11040
11. The name, address, occupation, and date and place of 11041
birth for each member of the person's immediate family who is 18 11042
years of age or older. As used in this subparagraph, the term 11043
"member of the person's immediate family" includes the person's 11044
spouse, children, parents, siblings, the spouses of the person's 11045
children, and the spouses of the person's siblings. 11046
12. Any other relevant information that the department 11047
requires. 11048
(d) For purposes of applying for renewal of a permit under 11049

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subsection (8) or certification under subsection (15), a person 11050
may submit the following in lieu of satisfying the requirements 11051
of paragraphs (a), (b), and (c): 11052
1. A photograph of the individual taken within 180 days; 11053
and 11054
2. A copy of the personal information statement form most 11055
recently submitted to the department and a certification under 11056
oath, on a form specified by the department, that the individual 11057
has reviewed the previously submitted personal information 11058
statement form and that the information contained therein 11059
remains unchanged. 11060
(15)(a) Each establishment that is issued an initial or 11061
renewal permit as a prescription drug wholesale distributor or 11062
an out-of-state prescription drug wholesale distributor must 11063
designate in writing to the department at least one natural 11064
person to serve as the designated representative of the 11065
wholesale distributor. Such person must have an active 11066
certification as a designated representative from the 11067
department. 11068
(b) To be certified as a designated representative, a 11069
natural person must: 11070
1. Submit an application on a form furnished by the 11071
department and pay the appropriate fees. 11072
2. Be at least 18 years of age. 11073
3. Have at least 2 years of verifiable full-time: 11074

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a. Work experience in a pharmacy licensed in this state or 11075
another state, where the person's responsibilities included, but 11076
were not limited to, recordkeeping for prescription drugs; 11077
b. Managerial experience with a prescription drug 11078
wholesale distributor licensed in this state or in another 11079
state; 11080
c. Managerial experience with the United States Armed 11081
Forces, where the person's responsibilities included, but were 11082
not limited to, recordkeeping, warehousing, distributing, or 11083
other logistics services pertaining to prescription drugs; 11084
d. Managerial experience with a state or federal 11085
organization responsible for regulating or permitting 11086
establishments involved in the distribution of prescription 11087
drugs, whether in an administrative or a sworn law enforcement 11088
capacity; or 11089
e. Work experience as a drug inspector or investigator 11090
with a state or federal organization, whether in an 11091
administrative or a sworn law enforcement capacity, where the 11092
person's responsibilities related primarily to compliance with 11093
state or federal requirements pertaining to the distribution of 11094
prescription drugs. 11095
4. Receive a passing score of at least 75 percent on an 11096
examination given by the department regarding federal laws 11097
governing distribution of prescription drugs and this part and 11098
the rules adopted by the department governing the wholesale 11099

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distribution of prescription drugs. This requirement shall be 11100
effective 1 year after the results of the initial examination 11101
are mailed to the persons that took the examination. The 11102
department shall offer such examinations at least four times 11103
each calendar year. 11104
5. Provide the department with a personal information 11105
statement and fingerprints pursuant to subsection (9). 11106
(c) The department may deny an application for 11107
certification as a designated representative or may suspend or 11108
revoke a certification of a designated representative pursuant 11109
to s. 499.067. 11110
(d) A designated representative: 11111
1. Must be actively involved in and aware of the actual 11112
daily operation of the wholesale distributor. 11113
2. Must be employed full time in a managerial position by 11114
the wholesale distributor. 11115
3. Must be physically present at the establishment during 11116
normal business hours, except for time periods when absent due 11117
to illness, family illness or death, scheduled vacation, or 11118
other authorized absence. 11119
4. May serve as a designated representative for only one 11120
wholesale distributor at any one time. 11121
(e) A wholesale distributor must notify the department 11122
when a designated representative leaves the employ of the 11123
wholesale distributor. Such notice must be provided to the 11124

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department within 10 business days after the last day of 11125
designated representative's employment with the wholesale 11126
distributor. 11127
(f) A wholesale distributor may not operate under a 11128
prescription drug wholesale distributor permit or an out-of-11129
state prescription drug wholesale distributor permit for more 11130
than 10 business days after the designated representative leaves 11131
the employ of the wholesale distributor, unless the wholesale 11132
distributor employs another designated representative and 11133
notifies the department within 10 business days of the identity 11134
of the new designated representative. 11135
(15)(16) A permit for a prescription drug manufacturer or 11136
a nonresident prescription drug manufacturer is subject to the 11137
requirements of s. 499.026. 11138
Section 320. Subsection (9) of section 499.0121, Florida 11139
Statutes, is amended, and subsection (16) is added to that 11140
section, to read: 11141
499.0121 Storage and handling of prescription drugs; 11142
recordkeeping.—The department shall adopt rules to implement 11143
this section as necessary to protect the public health, safety, 11144
and welfare. Such rules shall include, but not be limited to, 11145
requirements for the storage and handling of prescription drugs 11146
and for the establishment and maintenance of prescription drug 11147
distribution records. 11148
(9) RESPONSIBLE PERSONS.—Wholesale distributors must 11149

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establish and maintain lists of officers, directors, managers, 11150
designated representatives, and other persons in charge of 11151
wholesale drug distribution, storage, and handling, including a 11152
description of their duties and a summary of their 11153
qualifications. 11154
(16) APPLICABILITY TO PRESCRIPTION DRUGS NOT LISTED AS A 11155
CONTROLLED SUBSTANCE.— 11156
(a) An establishment at which prescription drugs not 11157
listed as a controlled substance, as defined in s. 893.03, are 11158
stored, warehoused, or held, solely for the purpose of arranging 11159
for their destruction, is not required to comply with paragraph 11160
(1)(c); subsections (3)-(6); paragraphs (8)(a), (b), and (d); 11161
and subsection (13). 11162
(b) Notwithstanding paragraph (a), an establishment at 11163
which prescription drugs not listed as a controlled substance, 11164
as defined in s. 893.03, are stored, warehoused, or held, solely 11165
for the purpose of arranging for their destruction must maintain 11166
the following records: 11167
1. The business name and address from which the 11168
prescription drugs were collected. 11169
2. A list of the prescription drugs. 11170
3. The amount, or, if adulterated or altered prior to 11171
collection, an estimate of the amount, of the prescription drugs 11172
collected. 11173
4. The manner, date, and location of destruction of the 11174

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prescription drugs. 11175
(c) Records required to be kept pursuant to paragraph (b), 11176
which are kept at the establishment or can be immediately 11177
retrieved by computer or other electronic means, must be readily 11178
available for authorized inspection pursuant to this section. If 11179
such records are not available upon request, the records must be 11180
made available for authorized inspection within 2 business days 11181
after the request. Records kept at a central location outside of 11182
this state which are not electronically retrievable must be made 11183
available for inspection within 5 business days after a request. 11184
(d) Records required to be kept pursuant to paragraph (b) 11185
must be maintained for a period of not less than 5 years from 11186
the date of destruction of the prescription drugs. 11187
Section 321. Subsection (9) of section 499.041, Florida 11188
Statutes, is amended to read: 11189
499.041 Schedule of fees for drug, device, and cosmetic 11190
applications and permits, product registrations, and free-sale 11191
certificates.— 11192
(9) The department shall assess each person applying for 11193
certification as a designated representative a fee of $150, plus 11194
the cost of processing the criminal history record check. 11195
Section 322. Section 624.341, Florida Statutes, is created 11196
to read: 11197
624.341 Authority of Department of Law Enforcement to 11198
accept fingerprints of, and exchange criminal history records 11199

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with respect to, certain persons applying to the Office of 11200
Insurance Regulation.— 11201
(1) The Legislature finds that criminal activity of 11202
insurers poses a particular danger to the residents of this 11203
state. Floridians rely, in good faith, on the honest conduct of 11204
those who issue and manage insurance policies and other 11205
insurance instruments in this state. To safeguard this state's 11206
residents, the Legislature finds it necessary to ensure that 11207
incorporators, subscribers, officers, employees, contractors, 11208
stockholders, directors, owners, members, managers, or 11209
volunteers involved in the organization, operation, or 11210
management of any insurer that is authorized to sell insurance 11211
do not have a criminal background. 11212
(2) The Department of Law Enforcement shall accept and 11213
process fingerprints of incorporators, subscribers, officers, 11214
employees, contractors, stockholders, directors, owners, 11215
members, managers, or volunteers involved in the organization, 11216
operation, or management of: 11217
(a) Any insurer or proposed insurer transaction or 11218
proposing to transact insurance in this state. 11219
(b) Any entity that is eligible to be examined or 11220
investigated under s. 624.316. 11221
(3) Each person required to submit fingerprints to the 11222
office must provide a full set of fingerprints to the office or 11223
to a vendor, entity, or agency authorized under s. 943.053(13). 11224

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The office, vendor, entity, or agency shall forward the 11225
fingerprints to the Department of Law Enforcement for state 11226
processing, and the Department of Law Enforcement shall forward 11227
the fingerprints to the Federal Bureau of Investigation for 11228
national processing as provided in s. 624.34. Fees for state and 11229
federal fingerprint processing must be borne by the person 11230
submitting the fingerprints. The state cost for fingerprint 11231
processing is as provided ins s. 943.053(3)(e). 11232
(4) The Department of Law Enforcement may, to the extent 11233
authorized by federal law, exchange any state or federal 11234
criminal history records with the office for the purpose of 11235
issuance or continuation of a certificate of authority, 11236
certification, or license to operate in this state. 11237
(5) Fingerprints must be submitted in accordance with 11238
rules adopted by the commission. 11239
(a) Fingerprints may be submitted through a third-party 11240
vendor authorized by the Department of Law Enforcement. 11241
(b) The Department of Law Enforcement shall conduct the 11242
state criminal history background check, and a federal criminal 11243
history background check shall be conducted through the Federal 11244
Bureau of Investigation. 11245
(c) All fingerprints submitted to the Department of Law 11246
Enforcement must be submitted and entered into the statewide 11247
automated biometric identification system established in s. 11248
943.05(2)(b) and available for use in accordance with s. 11249

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943.05(2)(g) and (h). 11250
(d) The costs of fingerprint processing, including the 11251
cost of retaining the fingerprints, must be borne by the person 11252
subject to the background checks. 11253
(e) The office shall review the results of the state and 11254
federal criminal history background checks and determine whether 11255
the applicant meets the requirements for the certificate of 11256
authority, certification, or license to operate in this state. 11257
(6) State criminal history records obtained through the 11258
Department of Law Enforcement, federal criminal history records 11259
obtained through the Federal Bureau of Investigation, and local 11260
criminal history records obtained through local law enforcement 11261
agencies must be used by the office for the purpose of issuance, 11262
denial, suspension, or revocation of certificates of authority, 11263
certifications, or licenses issued to operate in this state. 11264
Section 323. Except as otherwise expressly provided in 11265
this act, this act shall take effect July 1, 2026. 11266