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House Bill 2011e1

House Bill 2011e1

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 2011, First Engrossed



  1                      A bill to be entitled

  2         An act relating to regulation of professions;

  3         amending s. 177.031, F.S.; revising and

  4         providing definitions relating to platting;

  5         amending s. 177.041, F.S.; requiring plats and

  6         replats of subdivisions submitted for approval

  7         to be accompanied by a boundary survey of the

  8         platted lands; amending s. 177.051, F.S.;

  9         revising provisions relating to naming and

10         replatting subdivisions; amending s. 177.061,

11         F.S.; providing requirements for the recording

12         of a plat; amending s. 177.071, F.S.; revising

13         provisions relating to approval of plats by

14         governing bodies; amending s. 177.081, F.S.;

15         requiring plats to be reviewed by a

16         professional surveyor and mapper prior to

17         approval by a governing body; amending s.

18         177.091, F.S.; providing requirements for

19         monuments and revising other requirements of

20         plats made for recording; amending s. 177.141,

21         F.S.; revising provisions relating to

22         affidavits confirming errors on recorded plats;

23         amending s. 177.151, F.S.; revising provisions

24         relating to state plane coordinates; amending

25         ss. 177.021, 177.121, 177.131, 177.132, 177.27,

26         177.38, and 287.055, F.S.; conforming

27         references; amending s. 455.213, F.S., relating

28         to general licensing provisions; providing for

29         direct payment of organization-related or

30         vendor-related fees associated with the

31         examination to the organization or vendor;


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                                          HB 2011, First Engrossed



  1         providing that passing a required examination

  2         does not entitle a person to licensure if the

  3         person is not otherwise qualified; amending s.

  4         455.217, F.S., relating to examinations;

  5         authorizing the contracting for examinations

  6         and services related to examinations; providing

  7         requirements with respect to examinations

  8         developed by the department or a contracted

  9         vendor and to national examinations; amending

10         s. 455.225, F.S.; authorizing the Department of

11         Business and Professional Regulation to issue a

12         notice of noncompliance for an initial offense

13         of a minor violation when the board has failed

14         to designate such minor violation by rule;

15         amending s. 458.347, F.S.; providing

16         qualifications for certain applicants for

17         specified physician assistants; amending s.

18         468.385, F.S.; revising provisions relating to

19         the written examination required to be licensed

20         as an auctioneer; amending s. 468.386, F.S.,

21         relating to fees applicable to regulation of

22         auctioneers; eliminating reference to the

23         examination fee; amending s. 468.388, F.S.;

24         eliminating exemptions from the requirement

25         that a written agreement be executed prior to

26         conducting an auction; amending s. 468.389,

27         F.S.; revising a ground for disciplinary action

28         to include reference to property belonging to

29         another; providing penalties; reenacting s.

30         468.391, F.S., relating to a criminal penalty,

31         to incorporate the amendment to s. 468.389,


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                                          HB 2011, First Engrossed



  1         F.S., in a reference thereto; amending s.

  2         468.393, F.S.; reducing the level at which the

  3         Auctioneer Recovery Fund must be maintained and

  4         for which surcharges are levied; reenacting s.

  5         468.392(5), F.S., relating to moneys in the

  6         Auctioneer Recovery Fund, to incorporate the

  7         amendment to s. 468.393, F.S., in a reference

  8         thereto; amending s. 468.395, F.S.; revising

  9         circumstances under which recovery from the

10         Auctioneer Recovery Fund may be obtained;

11         reducing the amount per claim or claims arising

12         out of the same transaction or auction and the

13         aggregate lifetime limit with respect to any

14         one licensee that may be paid from the fund;

15         amending s. 468.396, F.S., relating to claims

16         against a single licensee in excess of the

17         dollar limitation, to conform; amending s.

18         468.432, F.S.; authorizing the department to

19         adopt rules relating to licensure and

20         disciplinary requirements applicable to

21         community association management; amending s.

22         468.542, F.S.; providing definitions for

23         classes of water and wastewater operators;

24         amending s. 468.453, F.S.; requiring each

25         applicant for licensure as an athlete agent to

26         submit a full set of fingerprints for purposes

27         of the required criminal records check;

28         exempting members of The Florida Bar from

29         regulations imposed on athlete agents; amending

30         ss. 468.547 and 468.548, F.S., relating to fees

31         and requirements for licensure; eliminating or


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                                          HB 2011, First Engrossed



  1         revising references to examination and

  2         reexamination; amending s. 468.607, F.S.;

  3         providing that the Department of Business and

  4         Professional Regulation shall be the issuing

  5         body for a certificate to practice as a

  6         building code administrator, plans examiner, or

  7         building code inspector; amending s. 468.609,

  8         F.S.; revising requirements for certification

  9         as a building code administrator, plans

10         examiner, or building code inspector; amending

11         s. 468.617, F.S.; providing that local

12         governments may employ or authorize persons

13         certified or exempt from such regulation to

14         perform inspections on a contract basis;

15         amending s. 468.621, F.S.; revising

16         prohibitions; providing disciplinary actions;

17         amending s. 468.629, F.S.; revising

18         disciplinary grounds; providing penalties;

19         amending s. 469.001, F.S.; revising and

20         providing definitions relating to asbestos

21         abatement; amending s. 469.002, F.S.; revising

22         an exemption relating to asbestos-related

23         activities by governmental employees; amending

24         s. 469.004, F.S.; exempting asbestos

25         consultants from licensure under certain

26         circumstances relating to the moving, removal,

27         or disposal of asbestos-containing roofing

28         materials; amending s. 469.005, F.S.; revising

29         requirements for licensure as an asbestos

30         consultant or asbestos contractor; amending s.

31         469.006, F.S.; eliminating reference to


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                                          HB 2011, First Engrossed



  1         consultant or contractor seals, and requiring a

  2         signature instead; amending s. 469.013, F.S.;

  3         adding course requirements for management

  4         planners; repealing s. 469.015, F.S., relating

  5         to seals; amending s. 470.002, F.S.; revising

  6         the definition of "legally authorized person";

  7         amending s. 470.0085, F.S., relating to the

  8         embalmer apprentice program; authorizing an

  9         extension of apprenticeship for certain

10         students working in funeral establishments;

11         amending s. 470.009, F.S.; reorganizing

12         provisions relating to licensure as a funeral

13         director by examination, to clarify

14         applicability of the internship requirement;

15         amending ss. 470.015 and 470.018, F.S.;

16         revising continuing education requirements for

17         renewal of a funeral director or embalmer

18         license or registration of a direct disposer;

19         amending s. 470.024, F.S.; authorizing

20         operation of visitation chapels and

21         establishing criteria therefor; providing

22         licensing limitations with respect to colocated

23         facilities; requiring the relicensure of

24         funeral establishments whose ownership has

25         changed; amending s. 470.029, F.S.; providing a

26         filing date for monthly reports on final

27         dispositions; amending s. 470.0301, F.S.;

28         providing requirements for registration of

29         centralized embalming facilities; providing for

30         biennial renewal; providing fees; creating s.

31         470.0315, F.S.; providing for the storage,


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                                          HB 2011, First Engrossed



  1         preservation, and transportation of human

  2         remains; creating s. 470.0355, F.S.; providing

  3         for the identification of human remains;

  4         amending s. 470.036, F.S; extending

  5         disciplinary actions to certain registrants and

  6         licensees; creating s. 471.024, F.S.;

  7         authorizing engineers to perform duties of

  8         building code inspectors; amending s. 473.306,

  9         F.S.; providing conditions under which the

10         Board of Accountancy may adopt an alternative

11         licensure examination for persons licensed to

12         practice public accountancy or its equivalent

13         in a foreign country; providing for appointment

14         of an Educational Advisory Council for purposes

15         of maintaining proper educational

16         qualifications for licensure of certified

17         public accountants; creating s. 473.3065, F.S.;

18         establishing the Certified Public Accountant

19         Education Minority Assistance Program;

20         providing for scholarships to eligible

21         students; providing for the funding of

22         scholarships; requiring Board of Accountancy

23         rules; providing a penalty for certain

24         violations; creating an advisory council to

25         assist in program administration; amending s.

26         473.308, F.S.; revising licensure requirements

27         relating to public accountancy experience

28         outside this state; amending s. 473.309, F.S.;

29         providing additional requirements for a

30         partnership to practice public accountancy in

31         this state; amending s. 473.312, F.S.;


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                                          HB 2011, First Engrossed



  1         providing for appointment of a Continuing

  2         Professional Education Advisory Council for

  3         purposes of maintaining proper continuing

  4         education requirements for renewal of licensure

  5         of certified public accountants; amending s.

  6         474.203, F.S.; revising and providing

  7         exemptions from regulation under chapter 474,

  8         F.S., relating to veterinary medical practice;

  9         amending s. 474.2065, F.S., relating to fees

10         applicable to regulation of veterinary medical

11         practice; eliminating reference to examination

12         and reexamination fees; amending s. 474.207,

13         F.S., relating to licensure by examination;

14         eliminating obsolete provisions; amending s.

15         474.211, F.S.; requiring criteria for providers

16         of continuing education to be approved by the

17         board; amending s. 474.2125, F.S.; exempting

18         veterinarians licensed in another state from

19         certain requirements for temporary licensure in

20         this state; correcting a cross reference;

21         amending s. 474.214, F.S.; increasing the

22         administrative fine; amending s. 474.215, F.S.;

23         requiring limited service permittees to

24         register each location and providing a

25         registration fee; providing requirements for

26         certain temporary rabies vaccination efforts;

27         providing permit and other requirements for

28         persons who are not licensed veterinarians but

29         who desire to own and operate a veterinary

30         medical establishment; providing disciplinary

31         actions applicable to holders of premises


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                                          HB 2011, First Engrossed



  1         permits; amending s. 474.217, F.S., relating to

  2         licensure by endorsement; revising a reference

  3         to an examination; amending s. 475.125, F.S.,

  4         relating to fees applicable to regulation of

  5         real estate brokers, salespersons, and schools;

  6         eliminating reference to examination and

  7         reexamination fees; amending s. 475.15, F.S.;

  8         providing registration and licensing

  9         requirements for additional business entities;

10         eliminating a provision that requires the

11         automatic cancellation of the registration of a

12         real estate broker partnership upon the lapse

13         in licensure or registration of any of its

14         partners; amending s. 475.17, F.S.; providing

15         additional requirements for licensure as a real

16         estate broker; amending s. 475.175, F.S.;

17         revising provisions relating to examinations;

18         amending s. 475.183, F.S.; revising the period

19         after which involuntarily inactive licenses

20         expire; revising the time for the required

21         notice to the licensee; amending s. 475.25,

22         F.S.; increasing the administrative fine;

23         revising a ground for disciplinary action to

24         exempt licensees from the reporting of certain

25         violators; providing that violations of certain

26         standards of the Appraisal Foundation are

27         grounds for the Florida Real Estate Commission

28         to deny, revoke, or suspend the license of, or

29         to fine, real estate brokers or salespersons;

30         reenacting ss. 475.180(2)(b), 475.181(2),

31         475.22(2), 475.422(2), and 475.482(1), F.S.,


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                                          HB 2011, First Engrossed



  1         relating to nonresident licenses, licensure,

  2         refusal of a broker to comply with certain

  3         requests or notices, furnishing of copies of

  4         termite and roof inspection reports, and

  5         recovery from the Real Estate Recovery Fund, to

  6         incorporate the amendment to s. 475.25, F.S.,

  7         in references thereto; amending s. 475.278,

  8         F.S.; providing for disclosure of authorized

  9         brokerage relationships and the corresponding

10         duties of real estate licensees; amending s.

11         475.451, F.S.; revising provisions relating to

12         the permitting of instructors for proprietary

13         real estate schools or state institutions;

14         providing permit renewal requirements; revising

15         references relating to examinations; amending

16         s. 475.452, F.S.; providing requirements

17         applicable to advance expenses, commissions, or

18         fees for brokers auctioning real property;

19         amending s. 475.484, F.S.; providing

20         applicability with respect to a conflict with

21         federal law in the disciplining of certain

22         licensees against whom a judgment has been paid

23         from the Real Estate Recovery Fund; creating s.

24         475.5016, F.S.; granting the department

25         authority to inspect and audit brokers and

26         brokerage offices; creating s. 475.6145, F.S.;

27         providing for a seal for the Florida Real

28         Estate Appraisal Board to authenticate its

29         proceedings, records, and acts; creating s.

30         475.6147, F.S.; providing a separate section

31         relating to establishment of fees applicable to


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                                          HB 2011, First Engrossed



  1         the regulation of real estate appraisers;

  2         amending s. 475.615, F.S.; providing

  3         registration requirements for appraisers;

  4         amending s. 475.617, F.S.; clarifying

  5         continuing education and experience

  6         requirements for real estate appraisers;

  7         amending s. 475.624, F.S.; revising a ground

  8         for disciplinary action to exempt licensees

  9         from the reporting of certain violators;

10         creating s. 475.6295, F.S.; granting the

11         department authority to inspect appraisers and

12         appraisal offices; amending ss. 476.114 and

13         476.124, F.S.; revising provisions relating to

14         examination for licensure as a barber;

15         repealing s. 476.134, F.S., relating to time,

16         place, and subjects of examination; amending s.

17         476.144, F.S.; revising requirements for a

18         restricted license to practice barbering;

19         amending s. 477.013, F.S.; defining the terms

20         "hair wrapping" and "photography studio salon";

21         amending s. 477.0132, F.S.; providing

22         registration requirements for hair wrappers;

23         providing requirements for hair braiding and

24         hair wrapping outside a cosmetology salon or

25         specialty shop; amending s. 477.0135, F.S.;

26         exempting photography studio salons from

27         licensure as a cosmetology salon or specialty

28         salon and providing requirements with respect

29         thereto; amending s. 477.019, F.S.; revising

30         provisions relating to applicants for licensure

31         by examination; providing continuing education


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                                          HB 2011, First Engrossed



  1         requirements for cosmetologists and cosmetology

  2         specialists; providing for privatization of

  3         such continuing education; exempting hair

  4         braiders and hair wrappers from such continuing

  5         education requirements; repealing s. 477.022,

  6         F.S., relating to examinations; amending s.

  7         477.026, F.S.; providing registration fees for

  8         hair wrappers; amending s. 477.0263, F.S.;

  9         authorizing the performance of cosmetology

10         services in a photography studio salon;

11         creating s. 481.2051, F.S.; authorizing

12         architects to perform duties of building code

13         inspectors; amending ss. 481.207, 481.209, and

14         481.213, F.S., relating to licensure as an

15         architect or interior designer; revising

16         provisions relating to fees and examinations;

17         amending s. 489.103, F.S.; limiting the

18         ordinances, rules, or regulations that a

19         municipality or county may adopt with respect

20         to the installation or maintenance of water

21         conditioning units; providing an exemption from

22         regulation for the sale, delivery, assembly, or

23         tie-down of prefabricated portable sheds under

24         specified circumstances; amending s. 489.105,

25         F.S.; revising and providing definitions

26         applicable to contractors; amending s. 489.107,

27         F.S.; eliminating reference to board

28         jurisdiction over examinations; requiring the

29         Construction Industry Licensing Board and the

30         Electrical Contractors' Licensing Board to each

31         appoint a committee to meet jointly at least


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                                          HB 2011, First Engrossed



  1         twice a year; amending s. 489.109, F.S.;

  2         revising provisions relating to examination

  3         fees; amending s. 489.111, F.S.; revising

  4         provisions relating to licensure by

  5         examination; amending s. 489.113, F.S.;

  6         revising a provision relating to the

  7         certification examination; revising provisions

  8         that authorize persons who are not certified or

  9         registered to perform construction work under

10         the supervision of a person who is certified or

11         registered; providing that expansion of the

12         scope of practice of any type of contractor

13         does not limit the scope of practice of any

14         existing type of contractor unless the

15         Legislature expressly provides such limitation;

16         creating s. 489.1136, F.S.; providing for

17         medical gas certification for plumbing

18         contractors who install, improve, repair, or

19         maintain conduits used to transport gaseous or

20         partly gaseous substances for medical purposes;

21         amending s. 553.06, F.S.; providing that

22         plumbing contractors who install, improve,

23         repair, or maintain such conduits shall be

24         governed by the National Fire Prevention

25         Standard 99C; amending s. 489.115, F.S.;

26         authorizing certificateholders and registrants

27         to apply continuing education courses earned

28         under other regulatory provisions under certain

29         circumstances; amending s. 489.119, F.S.;

30         detailing what constitutes an incomplete

31         contract for purposes of temporary


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                                          HB 2011, First Engrossed



  1         certification or registration of a business

  2         organization; amending s. 489.127, F.S.;

  3         revising and providing penalties applicable to

  4         violations of construction contracting

  5         provisions; amending s. 489.140, F.S.;

  6         eliminating a provision that requires the

  7         transfer of surplus moneys from fines into the

  8         Construction Industries Recovery Fund; amending

  9         s. 489.141, F.S.; clarifying provisions

10         relating to conditions for recovery from the

11         fund; eliminating a notice requirement;

12         revising a limitation on the making of a claim;

13         amending s. 489.142, F.S.; revising a provision

14         relating to powers of the Construction Industry

15         Licensing Board with respect to actions for

16         recovery from the fund, to conform; amending s.

17         489.143, F.S.; revising provisions relating to

18         payment from the fund; amending s. 489.1455,

19         F.S.; providing for journeyman reciprocity;

20         amending s. 489.503, F.S., relating to

21         exemptions from part II of chapter 489, F.S.,

22         relating to electrical and alarm system

23         contracting; revising an exemption relating to

24         public utilities; revising an exemption that

25         applies to telecommunications, community

26         antenna television, and radio distribution

27         systems, to include cable television systems;

28         providing exemptions relating to the monitoring

29         of alarm systems by law enforcement employees

30         or officers or fire department employees or

31         officials, by employees of state or federally


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                                          HB 2011, First Engrossed



  1         chartered financial institutions, or by

  2         employees of a business; amending s. 489.505,

  3         F.S., and repealing subsection (24), relating

  4         to the definition of "limited burglar alarm

  5         system contractor"; redefining terms applicable

  6         to electrical and alarm system contracting;

  7         defining the term "monitoring"; amending s.

  8         489.507, F.S.; requiring the Electrical

  9         Contractors' Licensing Board and the

10         Construction Industry Licensing Board to each

11         appoint a committee to meet jointly at least

12         twice a year; amending s. 489.509, F.S.;

13         eliminating reference to the payment date of

14         the biennial renewal fee for certificateholders

15         and registrants; providing for transfer of a

16         portion of certain fees applicable to

17         regulation of electrical and alarm system

18         contracting to fund certain projects relating

19         to the building construction industry and

20         continuing education programs related thereto;

21         amending s. 489.511, F.S.; revising eligibility

22         requirements for certification as an electrical

23         or alarm system contractor; amending s.

24         489.513, F.S.; revising registration

25         requirements for electrical contractors;

26         amending s. 489.517, F.S.; authorizing

27         certificateholders and registrants to apply

28         continuing education courses earned under other

29         regulatory provisions under certain

30         circumstances; amending s. 489.519, F.S.;

31         authorizing certificateholders and registrants


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                                          HB 2011, First Engrossed



  1         to apply for voluntary inactive status at any

  2         time during the period of certification or

  3         registration; amending s. 489.521, F.S.;

  4         providing conditions on qualifying agents

  5         qualifying more than one business organization;

  6         providing for revocation or suspension of such

  7         qualification for improper supervision;

  8         amending s. 489.525, F.S.; changing the date

  9         for the Department of Business and Professional

10         Regulation to inform local boards and building

11         officials of the names of all

12         certificateholders and the status of the

13         certificates; amending s. 489.529, F.S.;

14         providing an exception to an alarm verification

15         requirement; amending s. 489.531, F.S.;

16         revising and providing penalties applicable to

17         violations of electrical and alarm system

18         contracting provisions; reenacting s.

19         489.533(1)(a) and (2), F.S., relating to

20         disciplinary proceedings, to incorporate the

21         amendment to s. 489.531, F.S., in a reference

22         thereto; amending s. 489.537, F.S.; revising

23         requirements relating to subcontracting alarm

24         system contracting; amending ss. 489.539 and

25         553.19, F.S.; adding a national code relating

26         to fire alarms to the minimum electrical and

27         alarm standards required in this state;

28         amending s. 489.553, F.S.; revising

29         qualifications for registration as a septic

30         tank contractor or master septic tank

31         contractor; creating s. 501.935, F.S.;


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                                          HB 2011, First Engrossed



  1         providing requirements relating to

  2         home-inspection reports; providing legislative

  3         intent; providing definitions; providing

  4         exemptions; requiring, prior to inspection,

  5         provision of inspector credentials, a caveat, a

  6         disclosure of conflicts of interest and certain

  7         relationships, and a statement or agreement of

  8         scope, limitations, terms, and conditions;

  9         requiring a report on the results of the

10         inspection; providing prohibited acts, for

11         which there are civil penalties; providing that

12         failure to comply is a deceptive and unfair

13         trade practice; creating s. 501.937, F.S.;

14         providing requirements for use of professional

15         titles by industrial hygienists and safety

16         professionals; providing that violation of such

17         requirements is a deceptive and unfair trade

18         practice; amending s. 553.06, F.S.; requiring

19         the Board of Building Codes and Standards to

20         adopt alternative standards for testing water

21         treatment units under certain circumstances;

22         amending s. 553.63, F.S., relating to trench

23         excavations in excess of a specified depth;

24         deleting a provision requiring contract bids to

25         include certain items; repealing s. 553.64,

26         F.S., relating to certain requirements for

27         contract bids; amending s. 553.991, F.S.;

28         limiting the purpose of the "Florida Building

29         Energy-Efficiency Rating Act" to providing for

30         a statewide uniform system for rating the

31         energy efficiency of buildings; amending s.


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                                          HB 2011, First Engrossed



  1         553.994, F.S.; deleting the schedule for

  2         phasing in the rating system; amending s.

  3         553.996, F.S.; requiring provision of an

  4         information brochure to prospective purchasers

  5         of certain real property; deleting a provision

  6         authorizing such prospective purchasers to

  7         receive a rating on the property upon request;

  8         requiring the Office of Program Policy Analysis

  9         and Government Accountability to conduct a

10         review of studies and records of the Department

11         of Business and Professional Regulation to

12         determine if mandatory continuing education is

13         the most effective method of ensuring

14         professional competence and to identify and

15         analyze alternate methods of ensuring such

16         competence; requiring a report; providing

17         effective dates.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Section 177.021, Florida Statutes, is

22  amended to read:

23         177.021  Legal status of recorded plats.--The recording

24  of any plats made in compliance with the provisions of this

25  part chapter shall serve to establish the identity of all

26  lands shown on and being a part of such plats, and lands may

27  thenceforth be conveyed by reference to such plat.

28         Section 2.  Section 177.031, Florida Statutes, is

29  amended to read:

30         177.031  Definitions.--As used in this part chapter:

31


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                                          HB 2011, First Engrossed



  1         (1)  "Alley" means a right-of-way providing a secondary

  2  means of access and service to abutting property.

  3         (2)  "Block" includes "tier" or "group" and means a

  4  group of lots existing within well-defined and fixed

  5  boundaries, usually being an area surrounded by streets or

  6  other physical barriers and having an assigned number, letter,

  7  or other name through which it may be identified.

  8         (3)  "Board" means any board appointed by a

  9  municipality, county commission, or state agency, such as the

10  planning and zoning board, area planning board, or the

11  governing board of a drainage district.

12         (4)  "Governing body" means the board of county

13  commissioners or the legal governing body of a county,

14  municipality, town, or village of this state.

15         (5)  "Cul-de-sac" means a street terminated at the end

16  by a vehicular turnaround.

17         (6)  "Developer" means the owners of record executing

18  the dedication required by s. 177.081 and applying person or

19  legal entity that applies for approval of a plat of a

20  subdivision pursuant to this part chapter.

21         (7)(a)  "Easement" means any strip of land created by a

22  subdivider for public or private utilities, drainage,

23  sanitation, or other specified uses having limitations, the

24  title to which shall remain in the name of the property owner,

25  subject to the right of use designated in the reservation of

26  the servitude.

27         (b)  "Public utility" includes any public or private

28  utility, such as, but not limited to, storm drainage, sanitary

29  sewers, electric power, water service, gas service, or

30  telephone line, whether underground or overhead.

31


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                                          HB 2011, First Engrossed



  1         (8)  "Survey data" means all information shown on the

  2  face of a plat that would delineate the physical boundaries of

  3  the subdivision and any parts thereof.

  4         (9)  "Improvements" may include, but are not limited

  5  to, street pavements, curbs and gutters, sidewalks, alley

  6  pavements, walkway pavements, water mains, sanitary sewers,

  7  storm sewers or drains, street names, signs, landscaping,

  8  permanent reference monuments (P.R.M.s), permanent control

  9  points (P.C.P.s), monuments, or any other improvement required

10  by a governing body.

11         (10)  "Professional surveyor and mapper" means a

12  surveyor and mapper registered under chapter 472 who is in

13  good standing with the Board of Professional Surveyors and

14  Mappers.

15         (11)  "Lot" includes tract or parcel and means the

16  least fractional part of subdivided lands having limited fixed

17  boundaries, and an assigned number, letter, or other name

18  through which it may be identified.

19         (12)  "Municipality" means any incorporated city, town,

20  or village.

21         (13)  "P.C.P." means permanent control point and shall

22  be considered a reference monument, which shall be a secondary

23  horizontal control monument and shall be a metal marker with

24  the point of reference marked thereon or a 4-inch by 4-inch

25  concrete monument a minimum of 24 inches long with the point

26  of reference marked thereon. A "P.C.P." must bear the

27  registration number of the surveyor and mapper filing the plat

28  of record; however, when the surveyor and mapper of record is

29  no longer in practice or is not available due to relocation of

30  his or her practice, or when the contractual relationship

31  between the subdivider and surveyor and mapper has been


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                                          HB 2011, First Engrossed



  1  terminated, any registered surveyor and mapper in good

  2  standing shall be allowed to place permanent control points

  3  (P.C.P.s) within the time allotted in s. 177.091(8).

  4         (a)  "P.C.P.s" set in impervious surfaces must:

  5         1.  Be composed of a metal marker with a point of

  6  reference.

  7         2.  Have a metal cap or disk bearing either the Florida

  8  registration number of the professional surveyor and mapper in

  9  responsible charge or the certificate of authorization number

10  of the legal entity, which number shall be preceded by LS or

11  LB as applicable and the letters "P.C.P."

12         (b)  "P.C.P.s" set in pervious surfaces must:

13         1.  Consist of a metal rod having a minimum length of

14  18 inches and a minimum cross-section area of material of 0.2

15  square inches encased in concrete.  The concrete shall have a

16  minimum cross-section area of 12.25 square inches and be a

17  minimum of 24 inches long.

18         2.  Be identified with a durable marker or cap with the

19  point of reference marked thereon bearing either the Florida

20  registration number of the professional surveyor and mapper in

21  responsible charge or the certificate of authorization number

22  of the legal entity, which number shall be preceded by LS or

23  LB as applicable and the letter "P.C.P."

24         (c)  "P.C.P.s" must be detectable with conventional

25  instruments for locating ferrous or magnetic objects.

26         (14)  "Plat or replat" means a map or delineated

27  representation of the subdivision of lands, being a complete

28  exact representation of the subdivision and other information

29  in compliance with the requirement of all applicable sections

30  of this part chapter and of any local ordinances, and may

31  include the terms "replat," "amended plat," or "revised plat."


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                                          HB 2011, First Engrossed



  1         (15)  "P.R.M." means a permanent reference monument

  2  which must:

  3         (a)  Consist of a metal rod having a minimum length of

  4  18 inches and a minimum cross-section area of material of 0.2

  5  square inches encased in concrete. The concrete shall have a

  6  minimum cross-section area of 12.25 square inches and be a

  7  minimum of 24 inches long.

  8         (b)  Be identified with a durable marker or cap with

  9  the point of reference marked thereon bearing either the

10  Florida registration number of the professional surveyor and

11  mapper in responsible charge or the certificate of

12  authorization number of the legal entity, which number shall

13  be preceded by LS or LB as applicable and the letters "P.R.M."

14         (c)  Be detectable with conventional instruments for

15  locating ferrous or magnetic objects.

16

17  If the location of the "P.R.M." falls in a hard surface such

18  as asphalt or concrete, alternate monumentation may be used

19  that is durable and identifiable, which consists of a metal

20  rod a minimum of 24 inches long or a 1 1/2 -inch minimum

21  diameter metal pipe a minimum of 20 inches long, either of

22  which shall be encased in a solid block of concrete or set in

23  natural bedrock, a minimum of 6 inches in diameter, and

24  extending a minimum of 18 inches below the top of the

25  monument, or a concrete monument 4 by 4 inches, a minimum of

26  24 inches long, with the point of reference marked thereon. A

27  metal cap marker, with the point of reference marked thereon,

28  shall bear the registration number of the surveyor and mapper

29  certifying the plat of record, and the letters "PRM" shall be

30  placed in the top of the monument.

31


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                                          HB 2011, First Engrossed



  1         (16)  "Right-of-way" means land dedicated, deeded,

  2  used, or to be used for a street, alley, walkway, boulevard,

  3  drainage facility, access for ingress and egress, or other

  4  purpose by the public, certain designated individuals, or

  5  governing bodies.

  6         (17)  "Street" includes any access way such as a

  7  street, road, lane, highway, avenue, boulevard, alley,

  8  parkway, viaduct, circle, court, terrace, place, or

  9  cul-de-sac, and also includes all of the land lying between

10  the right-of-way lines as delineated on a plat showing such

11  streets, whether improved or unimproved, but shall not include

12  those access ways such as easements and rights-of-way intended

13  solely for limited utility purposes, such as for electric

14  power lines, gas lines, telephone lines, water lines, drainage

15  and sanitary sewers, and easements of ingress and egress.

16         (18)  "Subdivision" means the division platting of land

17  real property into three or more lots, parcels, tracts, tiers,

18  blocks, sites, units, or any other division of land; and

19  includes establishment of new streets and alleys, additions,

20  and resubdivisions; and, when appropriate to the context,

21  relates to the process of subdividing or to the lands or area

22  subdivided.

23         (19)  "State plane coordinates" means the system of

24  plane coordinates which has been established by the National

25  Ocean Service Survey for defining and stating the positions or

26  locations of points on the surface of the earth within the

27  state and shall hereinafter be known and designated as the

28  "Florida State Plane Coordinate System." For the purpose of

29  the use of this system, the zones divisions established by the

30  National Ocean Service Survey in NOAA Manual NOS NGS 5, State

31  Plane Coordinate System of 1983, Special Publication Number


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                                          HB 2011, First Engrossed



  1  255 shall be used, and the appropriate projection and zone

  2  designation shall be indicated and included in any description

  3  using the Florida State Plane Coordinate System.

  4         (20)  Surveying data:

  5         (a)  "Point of curvature," written "P.C.," means the

  6  point where a tangent circular curve begins.

  7         (b)  "Point of tangency," written "P.T.," means the

  8  point where a tangent circular curve ends and becomes tangent.

  9         (c)  "Point of compound curvature," written "P.C.C.,"

10  means the point where two circular curves have a common point

11  of tangency, the curves lying on the same side of the common

12  tangent.

13         (d)  "Point of reverse curvature," written "P.R.C.,"

14  means the point where two circular curves have a common point

15  of tangency, the curves lying on opposite sides of the common

16  tangent.

17         (21)  "Legal entity" means an entity which holds a

18  certificate of authorization issued under chapter 472, whether

19  the entity is a corporation, partnership, association, or

20  person practicing under a fictitious name.

21         (22)  "Monument" means a survey marker which must:

22         (a)  Be composed of a durable material.

23         (b)  Have a minimum length of 18 inches.

24         (c)  Have minimum cross-section area of material of 0.2

25  square inches.

26         (d)  Be identified with a durable marker or cap bearing

27  either the Florida registration number of the professional

28  surveyor and mapper in responsible charge or the certificate

29  of authorization number of the legal entity, which number

30  shall be preceded by LS or LB as applicable.

31


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                                          HB 2011, First Engrossed



  1         (e)  Be detectable with conventional instruments for

  2  locating ferrous or magnetic objects.

  3

  4  If the location of the monument falls in a hard surface such a

  5  asphalt or concrete, alternate monumentation may be used that

  6  is durable and identifiable.

  7         Section 3.  Section 177.041, Florida Statutes, is

  8  amended to read:

  9         177.041  Boundary survey and title certification

10  required.--Every plat or replat of a subdivision submitted to

11  the approving agency of the local governing body must be

12  accompanied by:

13         (1)  A boundary survey of the platted lands. However, a

14  new boundary survey for a replat is required only when the

15  replat affects any boundary of the platted property. The

16  boundary survey must be performed and prepared under the

17  responsible direction and supervision of a professional

18  surveyor and mapper preceding the initial submittal of the

19  plat to the local governing body.  This subsection does not

20  restrict a legal entity from employing one professional

21  surveyor and mapper to perform and prepare the boundary survey

22  and another professional surveyor and mapper to prepare the

23  plat, except that both the boundary survey and the plat must

24  be under the same professional surveyor and mapper or legal

25  entity, whichever applies.

26         (2)  A title opinion of an attorney at law licensed in

27  Florida or a certification by an abstractor or a title company

28  showing that record title to the land as described and shown

29  on the plat is in the name of the person, persons,

30  corporation, or entity executing the dedication, if any, as it

31  is shown on the plat and, if the plat does not contain a


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                                          HB 2011, First Engrossed



  1  dedication, that the developer has record title to the land.

  2  The title opinion or certification shall also show all

  3  mortgages not satisfied or released of record nor otherwise

  4  terminated by law.

  5         Section 4.  Section 177.051, Florida Statutes, is

  6  amended to read:

  7         177.051  Name and replat of subdivision.--

  8         (1)  Every subdivision shall be given a name by which

  9  it shall be legally known. For the purpose of this section,

10  that name is the "primary name." The primary Such name shall

11  not be the same or in any way so similar to any name appearing

12  on any recorded plat in the same county as to confuse the

13  records or to mislead the public as to the identity of the

14  subdivision, except when the subdivision is further divided

15  subdivided as an additional unit or section by the same

16  developer or the developer's successors in title. In that

17  case, the additional unit, section, or phase shall be given

18  the primary name followed by the unit, section, or phase

19  number.  Words such as "the," "replat," or "a" may not be used

20  as the first word of the primary name. Every subdivision's

21  name shall have legible lettering of the same size and type,

22  including the words "section," "unit," and "phase." If the

23  word "replat" is not part of the primary name, then it may be

24  of a different style and type. "replat," "amended," etc. The

25  primary name of the subdivision shall be shown in the

26  dedication and shall coincide exactly with the subdivision

27  name.

28         (2)  Any change in a plat shall be labeled a "replat,"

29  and a replat must conform with this part.  After the effective

30  date of this act, the terms "amended plat," "revised plat,"

31


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                                          HB 2011, First Engrossed



  1  "corrected plat," and "resubdivision" may not be used to

  2  describe the process by which a plat is changed.

  3         Section 5.  Section 177.061, Florida Statutes, is

  4  amended to read:

  5         177.061  Qualification and statement required of person

  6  making survey and plat certification.--Every plat offered for

  7  recording pursuant to the provisions of this part must be

  8  prepared by a professional surveyor and mapper.  The plat must

  9  be signed and sealed by that professional surveyor and mapper,

10  who must state on the plat that the plat was prepared under

11  his or her direction and supervision and that the plat

12  complies with all of the survey requirements of this part.

13  Every plat must also contain the printed name and registration

14  number of the professional surveyor and mapper directly below

15  the statement required by this section, along with the printed

16  name, address, and certificate of authorization number of the

17  legal entity, if any.  A professional surveyor and mapper

18  practicing independently of a legal entity must include his or

19  her address. Every subdivision of lands made within the

20  provisions of this chapter shall be made under the responsible

21  direction and supervision of a surveyor and mapper who shall

22  certify on the plat that the plat is a true and correct

23  representation of the lands surveyed, that the survey was made

24  under his or her responsible direction and supervision, and

25  that the survey data complies with all of the requirements of

26  this chapter. The certification shall bear the signature, the

27  registration number, and the official seal of the surveyor and

28  mapper.

29         Section 6.  Section 177.071, Florida Statutes, is

30  amended to read:

31         177.071  Approval of plat by governing bodies.--


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                                          HB 2011, First Engrossed



  1         (1)  Before a plat is offered for recording, it must be

  2  approved by the appropriate governing body, and evidence of

  3  such approval must shall be placed on the plat. If not

  4  approved, the governing body must return the plat to the

  5  professional surveyor and mapper or the legal entity offering

  6  the plat for recordation. However, such examination and

  7  approval for conformity to this chapter by the appropriate

  8  governing body shall not include the verification of the

  9  survey data, except by a surveyor and mapper either employed

10  by or under contract to the local governing body for the

11  purpose of such examination. For the purposes of this part

12  chapter:

13         (a)  When the plat to be submitted for approval is

14  located wholly within the boundaries of a municipality, the

15  governing body of the municipality has exclusive jurisdiction

16  to approve the plat.

17         (b)  When a plat lies wholly within the unincorporated

18  areas of a county, the governing body of the county has

19  exclusive jurisdiction to approve the plat.

20         (c)  When a plat lies within the boundaries of more

21  than one governing body, two plats must be prepared and each

22  governing body has exclusive jurisdiction to approve the plat

23  within its boundaries, unless the governing bodies having said

24  jurisdiction agree that one plat is mutually acceptable.

25         (2)  Any provision in a county charter, or in an

26  ordinance of any charter county or consolidated government

27  chartered under s. 6(e), Art. VIII of the State Constitution,

28  which provision is inconsistent with anything contained in

29  this section shall prevail in such charter county or

30  consolidated government to the extent of any such

31  inconsistency.


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                                          HB 2011, First Engrossed



  1         Section 7.  Section 177.081, Florida Statutes, is

  2  amended to read:

  3         177.081  Dedication and approval.--

  4         (1)  Prior to approval by the appropriate governing

  5  body, the plat shall be reviewed for conformity to this

  6  chapter by a professional surveyor and mapper either employed

  7  by or under contract to the local governing body, the costs of

  8  which shall be borne by the legal entity offering the plat for

  9  recordation, and evidence of such review must be placed on

10  such plat.

11         (2)  Every plat of a subdivision filed for record must

12  contain a dedication by the owners of record developer.  The

13  dedication must shall be executed by all persons,

14  corporations, or entities developers having a record interest

15  in the lands subdivided, in the same manner in which deeds are

16  required to be executed.  All mortgagees having a record

17  interest in the lands subdivided shall execute, in the same

18  manner in which deeds are required to be executed, either the

19  dedication contained on the plat or a separate instrument

20  joining in and ratifying the plat and all dedications and

21  reservations thereon.

22         (3)(2)  When a tract or parcel of land has been

23  subdivided and a plat thereof bearing the dedication executed

24  by the owners of record developers and mortgagees having a

25  record interest in the lands subdivided, and when the approval

26  of the governing body has been secured and recorded in

27  compliance with this part chapter, all streets, alleys,

28  easements, rights-of-way, and public areas shown on such plat,

29  unless otherwise stated, shall be deemed to have been

30  dedicated to the public for the uses and purposes thereon

31  stated.  However, nothing herein shall be construed as


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                                          HB 2011, First Engrossed



  1  creating an obligation upon any governing body to perform any

  2  act of construction or maintenance within such dedicated areas

  3  except when the obligation is voluntarily assumed by the

  4  governing body.

  5         Section 8.  Section 177.091, Florida Statutes, is

  6  amended to read:

  7         177.091  Plats made for recording.--Every plat of a

  8  subdivision offered for recording shall conform to the

  9  following:

10         (1)  It shall be:

11         (a)  An original drawing made with black permanent

12  drawing ink or varitype process on a good grade linen tracing

13  cloth or with a suitable permanent black drawing ink on a

14  stable base film, a minimum of 0.003 inches thick, coated upon

15  completion with a suitable plastic material to prevent flaking

16  and to assure permanent legibility; or

17         (b)  A nonadhered scaled print on a stable base film

18  made by photographic processes from a film scribing tested for

19  residual hypo testing solution to assure permanency.

20

21  Marginal lines, standard certificates and approval forms shall

22  be printed on the plat with a permanent black drawing ink.  A

23  print or photographic copy of the original drawing shall be

24  submitted with the original drawing.

25         (2)  The size of each sheet shall be determined by the

26  local governing body and shall be drawn with a marginal line,

27  or printed when permitted by local ordinance, completely

28  around each sheet and placed so as to leave at least a  1/2

29  -inch margin on each of three sides and a 3-inch margin on the

30  left side of the plat for binding purposes.

31


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                                          HB 2011, First Engrossed



  1         (3)  When more than one sheet must be used to

  2  accurately portray the lands subdivided, an index or key map

  3  must be included and each sheet must show the particular

  4  number of that sheet and the total number of sheets included,

  5  as well as clearly labeled matchlines to show where other

  6  sheets match or adjoin.

  7         (4)  In all cases, the letter size and scale used shall

  8  be of sufficient size to show all detail. The scale and shall

  9  be both stated and graphically illustrated by a graphic scale

10  drawn on every sheet showing any portion of the lands

11  subdivided.

12         (5)  The name of the plat shall be shown in bold

13  legible letters, as stated in s. 177.051.  The name of the

14  subdivision shall be shown on each sheet included. The name of

15  the professional surveyor and mapper or legal entity, along

16  with the street and mailing address, must be shown on each

17  sheet included.

18         (6)  A prominent "north arrow" shall be drawn on every

19  sheet included showing any portion of the lands subdivided.

20  The bearing or azimuth reference shall be clearly stated on

21  the face of the plat in the notes or legend and, in all cases,

22  the bearings used shall be referenced to some well-established

23  and monumented line.

24         (7)  Permanent reference monuments must be placed at

25  each corner or change in direction on the boundary of the

26  lands being platted and; however, "P.R.M.s" need not be set

27  closer than 310 feet, but may not be more than 1,400 1400 feet

28  apart. In all cases there must be a minimum of four "P.R.M.s"

29  placed on the boundary of the lands being platted. Where such

30  corners are in an inaccessible place, "P.R.M.s" shall be set

31  on a nearby offset within the boundary of the plat and such


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                                          HB 2011, First Engrossed



  1  offset shall be so noted on the plat. Where corners are found

  2  to coincide with a previously set "P.R.M.," the Florida

  3  registration number of the professional surveyor and mapper in

  4  responsible charge or the certificate of authorization number

  5  of the legal entity on the previously set "P.R.M." shall be

  6  shown on the new plat or, if unnumbered, shall so state.

  7  Permanent reference monuments shall be set before the

  8  recording of the plat, and this will be so stated in the

  9  surveyor and mapper's certificate on the plat. The "P.R.M.s"

10  "P.R.M." shall be shown on the plat by an appropriate symbol

11  or designation.

12         (8)  Permanent control points "P.C.P.s" shall be set on

13  at the intersection of the centerline of the right-of-way at

14  the intersection and terminus of all streets, at each change

15  of direction, "P.C.s," "P.T.s," "P.R.C.s," and "P.C.C.s," and

16  no more than 1,000 feet apart, on tangent, between changes of

17  direction, or along the street right-of-way or block lines at

18  each change in direction and no more than 1,000 feet apart.

19  Such "P.C.P.s" shall be shown on the plat by an appropriate

20  symbol or designation. In those counties or municipalities

21  that do not require subdivision improvements and do not accept

22  bonds or escrow accounts to construct improvements, "P.C.P.s"

23  may be set prior to the recording of the plat and must be set

24  within 1 year of the date the plat was recorded and shall be

25  referred to in the surveyor and mapper's certificate. In the

26  counties or municipalities that require subdivision

27  improvements and have the means of insuring the construction

28  of said improvements, such as bonding requirements, "P.C.P.s"

29  must be set prior to the expiration of the bond or other

30  surety. If the professional surveyor and mapper or legal

31  entity of record is no longer in practice or is not available


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                                          HB 2011, First Engrossed



  1  due to relocation, or when the contractual relationship

  2  between the subdivider and professional surveyor and mapper or

  3  legal entity has been terminated, the subdivider shall

  4  contract with a professional surveyor and mapper or legal

  5  entity in good standing to place the "P.C.P.s" within the time

  6  allotted. It is the surveyor and mapper's responsibility to

  7  furnish the clerk or recording officer of the county or

  8  municipality his or her certificate that the "P.C.P.s" have

  9  been set and the dates the "P.C.P.s" were set.

10         (9)  Monuments shall be set at all lot corners, points

11  of intersection, and changes of direction of lines within the

12  subdivision which do not require a "P.R.M." or a "P.C.P.";

13  however, a monument need not be set if a monument already

14  exists at such corner, point, or change of direction or when a

15  monument cannot be set due to a physical obstruction. In those

16  counties or municipalities that do not require subdivision

17  improvements and do not accept bonds or escrow accounts to

18  construct improvements, monuments may be set prior to the

19  recording of the plat and shall be set before the transfer of

20  any lot. In those counties or municipalities that require

21  subdivision improvements and have the means of ensuring the

22  construction of those improvements, such as bonding

23  requirements, monuments shall be set prior to the expiration

24  of the bond or other surety.  If the professional surveyor and

25  mapper or legal entity of record is no longer in practice or

26  is not available due to relocation, or when the contractual

27  relationship between the subdivider and professional surveyor

28  and mapper or legal entity has been terminated, the subdivider

29  shall contract with a professional surveyor and mapper or

30  legal entity in good standing who shall be allowed to place

31  the monuments within the time allotted.


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                                          HB 2011, First Engrossed



  1         (10)(9)  Each plat shall show The section, township,

  2  and range shall appear immediately under the name of the plat

  3  on each sheet included, along with as applicable, or, if in a

  4  land grant, the plat will so state.

  5         (10)  the name of the city, town, village, county, and

  6  state in which the land being platted is situated shall appear

  7  under the name of the plat as applicable.

  8         (11)  Each plat shall show a description of the lands

  9  subdivided, and the description shall be the same in the title

10  certification.  The description must be so complete that from

11  it, without reference to the plat, the starting point and

12  boundary can be determined.

13         (12)  The dedications and approvals required by ss.

14  177.071 and 177.081 shall be shown.

15         (13)  The circuit court clerk's certificate and the

16  professional surveyor and mapper's seal and statement required

17  by s. 177.061 shall be shown certificate and seal.

18         (14)  All section lines and quarter section lines

19  occurring within the subdivision in the map or plat shall be

20  indicated by lines drawn upon the map or plat, with

21  appropriate words and figures.  If the description is by metes

22  and bounds, all information called for, such as the point of

23  commencement, course bearings and distances, and the point of

24  beginning, shall be indicated, together with all bearings and

25  distances of the boundary lines.  If the platted lands are in

26  a land grant or are not included in the subdivision of

27  government surveys, then the boundaries are to be defined by

28  metes and bounds and courses.  The initial point in the

29  description shall be tied to the nearest government corner or

30  other recorded and well established corner.

31


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                                          HB 2011, First Engrossed



  1         (15)  Location, width, and names of all streets,

  2  waterways, or other rights-of-way shall be shown, as

  3  applicable.

  4         (16)  Location and width of proposed easements and

  5  existing easements identified in the title opinion or

  6  certification required by s. 177.041(2) shall be shown on the

  7  plat or in the notes or legend, and their intended use shall

  8  be clearly stated. Where easements are not coincident with

  9  property lines, they must be labeled with bearings and

10  distances and tied to the principal lot, tract, or

11  right-of-way.

12         (17)  All contiguous properties shall be identified by

13  subdivision title, plat book, and page, or, if unplatted, land

14  shall be so designated.  If the subdivision platted is a

15  resubdivision of a part or the whole of a previously recorded

16  subdivision, sufficient ties shall be shown to controlling

17  lines appearing on the earlier plat to permit an overlay to be

18  made; the fact of its being a replat resubdivision shall be

19  stated as a subtitle under the name of the plat on each sheet

20  included.  The subtitle must state the name of the subdivision

21  being replatted and the appropriate recording reference

22  following the name of the subdivision wherever it appears on

23  the plat.

24         (18)  All lots shall be numbered either by progressive

25  numbers or, if in blocks, progressively numbered in each

26  block, and the blocks progressively numbered or lettered,

27  except that blocks in numbered additions bearing the same name

28  may be numbered consecutively throughout the several

29  additions.

30         (19)  Block corner radii dimensions shall be shown.

31


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                                          HB 2011, First Engrossed



  1         (19)(20)  Sufficient survey data shall be shown to

  2  positively describe the bounds of every lot, block, street

  3  easement, and all other areas shown on the plat.  When any lot

  4  or portion of the subdivision is bounded by an irregular line,

  5  the major portion of that lot or subdivision shall be enclosed

  6  by a witness line showing complete data, with distances along

  7  all lines extended beyond the enclosure to the irregular

  8  boundary shown with as much certainty as can be determined or

  9  as "more or less," if variable. Lot, block, street, and all

10  other dimensions except to irregular boundaries, shall be

11  shown to a minimum of hundredths of feet.  All measurements

12  shall refer to horizontal plane and in accordance with the

13  definition of the U.S. Survey foot or meter adopted by the

14  National Institute of Standards and Technology.  All

15  measurements shall use the 39.37/12=3.28083333333 equation for

16  conversion from a U.S. foot to meters a metric foot.

17         (20)(21)  Curvilinear lot lines lots shall show the

18  radii, arc distances, and central angles or radii, chord, and

19  chord bearing, or both.  Radial lines will be so designated.

20  Direction of nonradial lines shall be indicated.

21         (21)(22)  Sufficient angles, bearings, or azimuth to

22  show direction of all lines shall be shown, and all bearings,

23  angles, or azimuth shall be shown to the nearest second of

24  arc.

25         (22)(23)  The centerlines of all streets shall be shown

26  as follows:  noncurved lines: with distances together with

27  either, angles, bearings, or azimuths; azimuth, "P.C.s,"

28  "P.T.s," "P.R.C.s," "P.C.C.s," curved lines: arc distances

29  distance, central angles, and tangents, radii, together with

30  chord, and chord bearing or azimuths azimuth, or both.

31


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                                          HB 2011, First Engrossed



  1         (23)(24)  Park and recreation parcels as applicable

  2  shall be so designated.

  3         (24)(25)  All interior excepted parcels as described in

  4  the description of the lands being subdivided shall be clearly

  5  indicated and labeled "Not a part of this plat."

  6         (25)(26)  The purpose of all areas dedicated must be

  7  clearly indicated or stated on the plat.

  8         (26)(27)  When it is not possible to show line or curve

  9  data detail information on the map, a tabular form may be

10  used. The tabular data must appear on the sheet to which it

11  applies.

12         (27)(28)  The plat shall include in a prominent place

13  the following statements statement:  "NOTICE: This plat, as

14  recorded in its graphic form, is the official depiction of the

15  subdivided lands described herein and will in no circumstances

16  be supplanted in authority by any other graphic or digital

17  form of the plat, whether graphic or digital. There may be

18  additional restrictions that are not recorded on this plat

19  that may be found in the public records of this county."

20         (28)(29)  All platted utility easements shall provide

21  that such easements shall also be easements for the

22  construction, installation, maintenance, and operation of

23  cable television services; provided, however, no such

24  construction, installation, maintenance, and operation of

25  cable television services shall interfere with the facilities

26  and services of an electric, telephone, gas, or other public

27  utility. In the event a cable television company damages the

28  facilities of a public utility, it shall be solely responsible

29  for the damages. This section shall not apply to those private

30  easements granted to or obtained by a particular electric,

31  telephone, gas, or other public utility.  Such construction,


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                                          HB 2011, First Engrossed



  1  installation, maintenance, and operation shall comply with the

  2  National Electrical Safety Code as adopted by the Florida

  3  Public Service Commission.

  4         (29)  A legend of all symbols and abbreviations shall

  5  be shown.

  6         Section 9.  Section 177.121, Florida Statutes, is

  7  amended to read:

  8         177.121  Misdemeanor to molest monument or deface or

  9  destroy map or plat.--It is a misdemeanor of the second

10  degree, punishable as provided in s. 775.082 or s. 775.083,

11  for any person to molest any monuments established according

12  to this part chapter or to deface or destroy any map or plat

13  placed on public record.

14         Section 10.  Subsection (2) of section 177.131, Florida

15  Statutes, is amended to read:

16         177.131  Recordation of the Department of

17  Transportation official right-of-way maps and other

18  governmental right-of-way maps.--

19         (2)  Sections 177.011-177.121 of this part chapter are

20  not applicable to this section.  Upon request of the clerk,

21  the Department of Transportation shall furnish without charge

22  a reproducible copy of its right-of-way maps.

23         Section 11.  Section 177.132, Florida Statutes, is

24  amended to read:

25         177.132  Preservation of unrecorded maps.--

26         (1)  The clerk of the circuit court of a county may

27  receive and copy, as unrecorded maps, otherwise unrecorded

28  plats and maps, including sales maps, which describe or

29  illustrate the boundaries and subdivision of parcels of land,

30  but which do not necessarily indicate proper metes and bounds

31  or otherwise comply with the recording requirements of this


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                                          HB 2011, First Engrossed



  1  part chapter. The receipt and copying of such documents shall

  2  not affect or impair the title to the property in any manner,

  3  nor shall it be construed as actual or constructive notice,

  4  but shall be for informational purposes only and shall not be

  5  referred to for the purpose of conveying property or for

  6  circumventing the lawful regulation and control of subdividing

  7  lands by local governing bodies.  The clerk may maintain a

  8  separate book or other filing process provided by the county

  9  for this purpose.  The clerk shall make reproductions of these

10  copies available to the public at a reasonable fee.

11         (2)  Sections 177.021-177.121 of this part chapter

12  shall not apply to this section.

13         Section 12.  Section 177.141, Florida Statutes, is

14  amended to read:

15         177.141  Affidavit confirming error on a recorded

16  plat.--In the event an appreciable error or omission in the

17  data shown on any plat duly recorded under the provisions of

18  this part chapter is detected by subsequent examination or

19  revealed by a retracement of the lines run during the original

20  survey of the lands shown on such recorded plat, the

21  professional surveyor and mapper or legal entity who was

22  responsible for the survey and the preparation of the plat as

23  recorded may file an affidavit confirming that such error or

24  omission was made. If applicable However, the affidavit must

25  state that the professional surveyor and mapper or legal

26  entity has made a resurvey of the subject property in the

27  recorded subdivision within the last 10 days and that no

28  evidence existed on the ground that would conflict with the

29  corrections as stated in the affidavit. The affidavit shall

30  describe the nature and extent of such error or omission and

31  the appropriate correction that in the affiant's professional


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                                          HB 2011, First Engrossed



  1  surveyor and mapper's opinion should be substituted for the

  2  erroneous data shown on the plat or added to the data on the

  3  plat. When such an affidavit is filed, it is the duty of the

  4  circuit court clerk to record the affidavit, and he or she

  5  must shall place in the margin of the recorded plat a notation

  6  that the affidavit has been filed, the date of filing, and the

  7  official book and page where it is recorded. The notation must

  8  also be placed on all copies of the plat used for reproduction

  9  purposes. The affidavit shall have no effect upon the validity

10  of the plat or on the information shown thereon.

11         Section 13.  Section 177.151, Florida Statutes, is

12  amended to read:

13         177.151  State plane coordinate.--

14         (1)  Coordinates may be used to define or designate the

15  position of points on the surface of the earth within the

16  state for land descriptions and subdivision purposes, provided

17  the initial point in the description shall be tied to the

18  nearest government corner or other recorded and well

19  established corner. The state plane coordinates of a point on

20  the earth's surface, to be used in expressing the position or

21  location of such point in the appropriate projection and zone

22  system, shall consist of two distances, expressed in meters or

23  feet and decimals of the same a foot.  One position distance,

24  to be known as the "Northing," shall give the position in a

25  north and south direction; the other, to be known as the

26  "Easting x-coordinate," shall give the position in an east and

27  west direction; the other, to be known as the "y-coordinate,"

28  shall give the position in a north and south direction.  These

29  coordinates shall be made to depend upon and conform to the

30  origins and projections on the Florida State Plane Coordinate

31  System and the geodetic control triangulation and traverse


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                                          HB 2011, First Engrossed



  1  stations of the National Ocean Service Survey within the

  2  state, as those origins and projections have been determined

  3  by such service the said survey. When any tract of land to be

  4  defined by a single description extends from one into the

  5  other of the above projections or zones, the positions of all

  6  points on its boundary may be referred to either of the zones

  7  or projections, with the zone and projection being used

  8  specifically named in the description.

  9         (2)  The position of points on the Florida State Plane

10  Coordinate System shall be as marked on the ground by geodetic

11  control triangulation or traverse stations established in

12  conformity with standards adopted by the National Ocean

13  Service Survey for first-order and second-order work, the

14  geodetic positions of which have been rigidly adjusted on the

15  North American Datum of 1983, as readjusted in 1990, and the

16  coordinates of which have been computed on the Florida State

17  Plane Coordinate System herein defined.  Any such station may

18  be used for establishing a survey connection with the Florida

19  State Plane Coordinate System.

20         (3)  No coordinates based on the Florida Coordinate

21  System purporting to define the position of a point on a land

22  boundary may be presented to be recorded in any public land

23  records or deed records unless the point is within one-half

24  mile of a triangulation or traverse station established in

25  conformity with the standards described in s. 177.031(19).

26  However, the said one-half mile limitation may be waived when

27  coordinates shown are certified as having been established in

28  accordance with National Ocean Survey requirements and

29  procedures for first-order or second-order work by a surveyor

30  and mapper licensed in the state. This certification of

31


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                                          HB 2011, First Engrossed



  1  order-of-accuracy must be included in the description of the

  2  land involved.

  3         (4)  The use of the term "Florida Coordinate System" on

  4  any map, report of survey, or other document shall be limited

  5  to coordinates based on the Florida Coordinate System as

  6  defined in this chapter.

  7         (5)  Whenever coordinates based on the Florida

  8  Coordinate System are used to describe a tract of land which

  9  in the same document is also described by reference to any

10  subdivision, line, or corner of the United States Public Land

11  Survey, the description by coordinates shall be construed as

12  supplemental to the basic description of such subdivision,

13  line, or corner contained in the official plats and field

14  notes of record, and, in the event of any conflict, the

15  description by reference to the subdivision, line, or corner

16  of the United States Public Land Survey shall prevail over the

17  description by coordinates.

18         (6)  Nothing contained in this chapter shall require

19  any purchaser or mortgagee to rely on a description any part

20  of which depends exclusively upon the Florida Coordinate

21  System.

22         Section 14.  Subsection (3) of section 177.27, Florida

23  Statutes, is amended to read:

24         177.27  Definitions.--The following words, phrases, or

25  terms used herein, unless the context otherwise indicates,

26  shall have the following meanings:

27         (3)  "Control tide station" means a place so designated

28  by the department or the National Ocean Service Survey at

29  which continuous tidal observations have been taken or are to

30  be taken over a minimum of 19 years to obtain basic tidal data

31  for the locality.


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                                          HB 2011, First Engrossed



  1         Section 15.  Subsection (1) of section 177.38, Florida

  2  Statutes, is amended to read:

  3         177.38  Standards for establishment of local tidal

  4  datums.--

  5         (1)  Unless otherwise allowed by this part or

  6  regulations promulgated hereunder, a local tidal datum shall

  7  be established from a series of tide observations taken at a

  8  tide station established in accordance with procedures

  9  approved by the department. In establishing such procedures,

10  full consideration will be given to the national standards and

11  procedures established by the National Ocean Service Survey.

12         Section 16.  Paragraph (b) of subsection (6) of section

13  287.055, Florida Statutes, 1996 Supplement, is amended to

14  read:

15         287.055  Acquisition of professional architectural,

16  engineering, landscape architectural, or surveying and mapping

17  services; definitions; procedures; contingent fees prohibited;

18  penalties.--

19         (6)  PROHIBITION AGAINST CONTINGENT FEES.--

20         (b)  Any individual, corporation, partnership, firm, or

21  company, other than a bona fide employee working solely for an

22  architect, professional engineer, or professional registered

23  land surveyor and mapper, who offers, agrees, or contracts to

24  solicit or secure agency contracts for professional services

25  for any other individual, company, corporation, partnership,

26  or firm and to be paid, or is paid, any fee, commission,

27  percentage, gift, or other consideration contingent upon, or

28  resulting from, the award or the making of a contract for

29  professional services shall, upon conviction in a competent

30  court of this state, be found guilty of a first degree

31


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                                          HB 2011, First Engrossed



  1  misdemeanor, punishable as provided in s. 775.082 or s.

  2  775.083.

  3         Section 17.  Subsections (1) and (2) of section

  4  455.213, Florida Statutes, 1996 Supplement, are amended to

  5  read:

  6         455.213  General licensing provisions.--

  7         (1)  Any person desiring to be licensed shall apply to

  8  the department in writing to take the appropriate examination.

  9  The application for licensure shall be made on a form prepared

10  and furnished by the department and shall be supplemented as

11  needed to reflect any material change in any circumstance or

12  condition stated in the application which takes place between

13  the initial filing of the application and the final grant or

14  denial of the license and which might affect the decision of

15  the agency. In cases where a person applies or schedules

16  directly with a national examination organization or

17  examination vendor to take an examination required for

18  licensure, any organization-related or vendor-related fees

19  associated with the examination may be paid directly to the

20  organization or vendor.

21         (2)  Before the issuance of any license, the department

22  may charge an initial license fee as determined by rule of the

23  applicable board or, if no such board exists, by rule of the

24  department. Upon receipt of the appropriate license fee,

25  except as provided in subsection (3), the department shall

26  issue a license to any person certified by the appropriate

27  board, or its designee, or the department when there is no

28  board, as having met the applicable requirements imposed by

29  law or rule. However, an applicant who is not otherwise

30  qualified for licensure is not entitled to licensure solely

31  based on a passing score on a required examination.


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                                          HB 2011, First Engrossed



  1         Section 18.  Section 455.217, Florida Statutes, 1996

  2  Supplement, is amended to read:

  3         455.217  Examinations.--This section shall be read in

  4  conjunction with the appropriate practice act associated with

  5  each regulated profession under this chapter.

  6         (1)  The Division of Technology, Licensure, and Testing

  7  of the Department of Business and Professional Regulation

  8  shall provide, contract for, or approve services for the

  9  development, preparation, and administration, scoring, score

10  reporting, and evaluation of all examinations. The division

11  shall seek the advice of the appropriate board in providing

12  such services.

13         (a)  The department, acting in conjunction with the

14  Division of Technology, Licensure, and Testing and the

15  Division of Real Estate, as appropriate, shall ensure that the

16  examinations adequately and reliably measure an applicant's

17  ability to practice the profession regulated by the department

18  and shall seek the advice of the appropriate board in the

19  preparation and administration of the examinations. After an

20  examination developed or approved by the department has been

21  administered, the board or department may reject any question

22  which does not reliably measure the general areas of

23  competency specified in the rules of the board, or the

24  department when there is no board. The department shall use

25  professional testing services for the development,

26  preparation, and evaluation of to prepare, administer, grade,

27  and evaluate the examinations, when such services are

28  available and approved by the board.

29         (b)  For each examination developed by the department

30  or a contracted vendor, to the extent not otherwise specified

31  by statute, the board, or, when there is no board, the


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                                          HB 2011, First Engrossed



  1  department when there is no board, shall by rule specify the

  2  general areas of competency to be covered by the each

  3  examination, the relative weight to be assigned in grading

  4  each area tested, and the score necessary to achieve a passing

  5  grade, and the fees, where applicable, to cover the actual

  6  cost for any purchase, development, and administration of the

  7  required examination. However, statutory fee caps in each

  8  practice act shall apply. This subsection does not apply to

  9  national examinations approved and administered pursuant to

10  paragraph (d).

11         (c)  If a practical examination is deemed to be

12  necessary, the rules shall specify the criteria by which

13  examiners are to be selected, the grading criteria to be used

14  by the examiner, the relative weight to be assigned in grading

15  each criterion, and the score necessary to achieve a passing

16  grade. When a mandatory standardization exercise for a

17  practical examination is required by law, the board may

18  conduct such exercise. Therefore, board members may serve as

19  examiners at a practical examination with the consent of the

20  board.

21         (d)(c)  A board, or the department when there is no

22  board, may approve by rule the use of any national examination

23  which the department has certified as meeting requirements of

24  national examinations and generally accepted testing standards

25  pursuant to department rules. Providers of examinations, which

26  may be either profit or nonprofit entities, seeking

27  certification by the department shall pay the actual costs

28  incurred by the department in making a determination regarding

29  the certification. The department shall use any national

30  examination which is available, certified by the department

31  and which is approved by the board. The name and number of a


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                                          HB 2011, First Engrossed



  1  candidate may be provided to a national contractor for the

  2  limited purpose of preparing the grade tape and information to

  3  be returned to the board or department or, to the extent

  4  otherwise specified by rule, the candidate may apply directly

  5  to the vendor of the national examination. The department may

  6  delegate to the board the duty to provide and administer the

  7  examination. Any national examination approved by a board, or

  8  the department when there is no board, prior to October 1,

  9  1997, is deemed certified under this paragraph. Any licensing

10  or certification examination that is not developed or

11  administered by the department in house or provided as a

12  national examination shall be competitively bid.

13         (e)(d)  The department shall adopt rules regarding the

14  security and monitoring of examinations. In order to maintain

15  the security of examinations, the department may employ the

16  procedures set forth in s. 455.228 to seek fines and

17  injunctive relief against an examinee who violates the

18  provisions of s. 455.2175 or the rules adopted pursuant to

19  this paragraph. The department, or any agent thereof, may, for

20  the purposes of investigation, confiscate any written,

21  photographic, or recording material or device in the

22  possession of the examinee at the examination site which the

23  department deems necessary to enforce such provisions or

24  rules.

25         (f)(e)  If the professional board with jurisdiction

26  over an examination concurs, the department may, for a fee,

27  share with any other state's licensing authority an

28  examination developed by or for the department unless

29  prohibited by a contract entered into by the department for

30  development or purchase of the examination. The department,

31  with the concurrence of the appropriate board, shall establish


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                                          HB 2011, First Engrossed



  1  guidelines that ensure security of a shared exam and shall

  2  require that any other state's licensing authority comply with

  3  those guidelines. Those guidelines shall be approved by the

  4  appropriate professional board. All fees paid by the user

  5  shall be applied to the department's examination and

  6  development program for professions regulated by this chapter.

  7  All fees paid by the user for professions not regulated by

  8  this chapter shall be applied to offset the fees for the

  9  development and administration of that profession's

10  examination.

11         (2)  For each examination developed by the department

12  or a contracted vendor, the board, or the department, when

13  there is no board, the department shall make rules providing

14  for reexamination of any applicants who fail an have failed

15  the examination developed by the department or a contracted

16  vendor. If both a written and a practical examination are

17  given, an applicant shall be required to retake only the

18  portion of the examination for on which he failed to achieve a

19  passing grade, if he successfully passes that portion within a

20  reasonable time, as determined by rule of the board, or the

21  department when there is no board, of his passing the other

22  portion.

23         (3)  Except for national examinations approved and

24  administered pursuant to paragraph (1)(d), the department

25  shall provide procedures for applicants who have taken and

26  failed an examination developed by the department or a

27  contracted vendor to review their examination questions,

28  answers, papers, grades, and grading key for the questions the

29  candidate answered incorrectly or, if that is not feasible,

30  the parts of the examination failed. Applicants shall bear the

31  actual cost for the department to provide examination review


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                                          HB 2011, First Engrossed



  1  pursuant to this subsection. The board or, when there is no

  2  board, the department shall make available an examination

  3  review procedure for applicants and charge an examination

  4  review fee not to exceed $75 per review. Unless prohibited or

  5  limited by rules implementing security or access guidelines of

  6  national examinations, the applicant is entitled to review his

  7  examination questions, answers, papers, grades, and grading

  8  key. An applicant may waive in writing the confidentiality of

  9  his examination grades.

10         (4)(3)  For each examination developed or administered

11  by the department or a contracted vendor, The department shall

12  make an accurate record of each applicant's examination

13  questions, answers, papers, grades, and grading key. The

14  department shall be kept keep such record for a period of not

15  less than 2 years immediately following the examination, and

16  such record shall thereafter be maintained or destroyed as

17  provided in chapters 119 and 257. This subsection does not

18  apply to national examinations approved and administered

19  pursuant to paragraph (1)(d).

20         (5)(4)  Meetings and records of meetings of any member

21  of the department or of any board or commission within the

22  department held for the exclusive purpose of creating or

23  reviewing licensure examination questions or proposed

24  examination questions are confidential and exempt from ss.

25  119.07(1) and 286.011. However, this exemption shall not

26  affect the right of any person to review an examination as

27  provided in subsection (3) (2).

28         (6)(5)  For examinations developed by the department or

29  a contracted vendor, each board, or the department when there

30  is no board, may provide licensure examinations in an

31  applicant's native language. Applicants for examination or


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                                          HB 2011, First Engrossed



  1  reexamination pursuant to this subsection shall bear the full

  2  cost for the department's development, preparation,

  3  administration, grading, and evaluation of any examination in

  4  a language other than English. Requests for translated

  5  examinations must be on file in the board office, or with the

  6  department when there is no board, at least 6 months prior to

  7  the scheduled examination. When determining whether it is in

  8  the public interest to allow the examination to be translated

  9  into a language other than English, the board, or the

10  department when there is no board, shall consider the

11  percentage of the population who speak the applicant's native

12  language.

13         (7)(6)  In addition to meeting any other requirements

14  for licensure by examination or by endorsement, an applicant

15  may be required by a board, or by the department when if there

16  is no board, to pass an examination pertaining to state laws

17  and rules applicable to the practice of the profession

18  regulated by that board or by the department.

19         Section 19.  Subsection (3) of section 455.225, Florida

20  Statutes, 1996 Supplement, is amended to read:

21         455.225  Disciplinary proceedings.--Disciplinary

22  proceedings for each board shall be within the jurisdiction of

23  the department or the Agency for Health Care Administration,

24  as appropriate.

25         (3)(a)  As an alternative to the provisions of

26  subsections (1) and (2), when a complaint is received, the

27  department or the agency may provide a licensee with a notice

28  of noncompliance for an initial offense of a minor violation.

29  A violation is a minor violation if it does not demonstrate a

30  serious inability to practice the profession, result in

31  economic or physical harm to a person, or adversely affect the


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                                          HB 2011, First Engrossed



  1  public health, safety, or welfare or create a significant

  2  threat of such harm. Each board, or the department or the

  3  agency if there is no board, shall establish by rule those

  4  minor violations which are minor violations under this

  5  provision which do not endanger the public health, safety, and

  6  welfare and which do not demonstrate a serious inability to

  7  practice the profession. Failure of a licensee to take action

  8  in correcting the violation within 15 days after notice may

  9  result in the institution of regular disciplinary proceedings.

10         (b)  The department may issue a notice of noncompliance

11  for an initial offense of a minor violation, notwithstanding a

12  board's failure to designate a particular minor violation by

13  rule as provided in paragraph (a).

14         Section 20.  Paragraph (b) of subsection (7) of section

15  458.347, Florida Statutes, 1996 Supplement, is amended to

16  read:

17         458.347  Physician assistants.--

18         (7)  PHYSICIAN ASSISTANT CERTIFICATION.--

19         (b)1.  Notwithstanding subparagraph (a)2. and

20  sub-subparagraph (a)3.a., the agency shall examine each

21  applicant who the Board of Medicine certifies:

22         a.  Has completed the application form and remitted a

23  nonrefundable application fee not to exceed $500 and an

24  examination fee not to exceed $300, plus the actual cost to

25  the agency to provide the examination. The examination fee is

26  refundable if the applicant is found to be ineligible to take

27  the examination. The agency shall not require the applicant to

28  pass a practical component of the examination, provided that

29  the National Commission on Certification of Physician

30  Assistants has eliminated the practical component of its

31  examination. Competencies required for practicing physician


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                                          HB 2011, First Engrossed



  1  assistants shall be incorporated into the written examination

  2  through a multiple-choice format. The agency shall translate

  3  the examination into the native language of any applicant who

  4  requests and agrees to pay all costs of such translation,

  5  provided that the translation request is filed with the board

  6  office no later than 9 months before the scheduled examination

  7  and the applicant remits translation fees as specified by the

  8  department no later than 6 months before the scheduled

  9  examination, and provided that the applicant demonstrates to

10  the agency the ability to communicate orally in basic English.

11  If the applicant is unable to pay translation costs, the

12  applicant may take the next available examination in English

13  if the applicant submits a request in writing by the

14  application deadline and if the applicant is otherwise

15  eligible under this section. To demonstrate the ability to

16  communicate in basic English, a passing score or grade is

17  required, as determined by the department or organization that

18  developed it, on one of the following English examinations:

19         (I)  The test for spoken English (TSE) by the

20  Educational Testing Service (ETS);

21         (II)  The test of English as a foreign language

22  (TOEFL), by ETS;

23         (III)  A high school or college level English Course;

24  or

25         (IV)  The English examination for citizenship,

26  Immigration and Naturalization Service.

27

28  A notarized copy of an Educational Commission for Foreign

29  Medical Graduates (ECFMG) certificate may also be used to

30  demonstrate the ability to communicate in basic English.

31


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                                          HB 2011, First Engrossed



  1         b.  Is an unlicensed physician who graduated from a

  2  foreign medical school listed with the World Health

  3  Organization who has not previously taken and failed the

  4  examination of the National Commission on Certification of

  5  Physician Assistants and who has been certified by the Board

  6  of Medicine as having met the requirements for licensure as a

  7  medical doctor by examination as set forth in s. 458.311(1),

  8  (3), (4), and (5), with the exception that the applicant is

  9  not required to have completed an approved residency of at

10  least 1 year and the applicant is not required to have passed

11  the licensing examination specified under s. 458.311 or hold a

12  valid, active certificate issued by the Educational Commission

13  for Foreign Medical Graduates.

14         c.  Was eligible and made initial application for

15  certification as a physician assistant in this state between

16  July 1, 1990, and June 30, 1991.

17         d.  Was a resident of this state on July 1, 1990, or

18  was licensed or certified in any state in the United States as

19  a physician assistant on July 1, 1990.

20         2.  The agency may grant temporary certification to an

21  applicant who meets the requirements of subparagraph 1.

22  Between meetings of the council, the agency may grant

23  temporary certification to practice based on the completion of

24  all temporary certification requirements. All such

25  administratively issued certifications shall be reviewed and

26  acted on at the next regular meeting of the council.  A

27  temporary certificate expires upon receipt and notice of

28  scores to the certificateholder from the first available

29  examination specified in subparagraph 1. following

30  certification by the agency. An applicant who fails the

31  proficiency examination is no longer temporarily certified,


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                                          HB 2011, First Engrossed



  1  but may apply for a one-time extension of temporary

  2  certification after reapplying for the next available

  3  examination.  Extended certification shall expire upon failure

  4  of the certificateholder to sit for the next available

  5  examination or upon receipt and notice of scores to the

  6  certificateholder from such examination.

  7         3.  Notwithstanding any other provision of law, the

  8  examination specified pursuant to subparagraph 1. shall be

  9  administered by the agency only five times.  Applicants

10  certified by the board for examination shall receive at least

11  6 months' notice of eligibility prior to the administration of

12  the initial examination. Subsequent examinations shall be

13  administered at 1-year intervals following determined by the

14  agency after the reporting of the scores of the first and

15  subsequent examinations examination.  For the purposes of this

16  paragraph, the agency may develop, contract for the

17  development of, purchase, or approve an examination, including

18  a practical component, that adequately measures an applicant's

19  ability to practice with reasonable skill and safety.  The

20  minimum passing score on the examination shall be established

21  by the agency, with the advice of the board.  Those applicants

22  failing to pass that examination or any subsequent examination

23  shall receive notice of the administration of the next

24  examination with the notice of scores following such

25  examination.  Any applicant who passes the examination and

26  meets the requirements of this section shall be certified as a

27  physician assistant with all rights defined thereby.

28         Section 21.  Subsection (4) and paragraph (b) of

29  subsection (6) of section 468.385, Florida Statutes, are

30  amended to read:

31


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                                          HB 2011, First Engrossed



  1         468.385  Licenses required; qualifications;

  2  examination; bond.--

  3         (4)  Any person seeking a license as an auctioneer

  4  shall pass a written examination approved by the board and

  5  certified prepared and administered by the department which

  6  tests his general knowledge of the laws of this state relating

  7  to the Uniform Commercial Code bulk sales, auctions, laws of

  8  agency brokerage, and the provisions of this act.

  9         (6)  No person shall be licensed as an auctioneer

10  unless he:

11         (b)  Has passed the required an examination conducted

12  by the department; and

13         Section 22.  Subsection (1) of section 468.386, Florida

14  Statutes, is amended to read:

15         468.386  Fees; local licensing requirements.--

16         (1)  The board by rule may establish application,

17  examination, licensure, renewal, and other reasonable and

18  necessary fees, based upon the department's estimate of the

19  costs to the board in administering this act.

20         Section 23.  Section 468.388, Florida Statutes, is

21  amended to read:

22         468.388  Conduct of an auction.--

23         (1)  Prior to conducting an auction in this state, an

24  auctioneer or auction business shall execute a written

25  agreement with the owner, or the agent of the owner, of any

26  property to be offered for sale, stating:

27         (a)  The name and address of the owner of the property;

28         (b)  The name and address of the person employing the

29  auctioneer or auction business, if different from the owner;

30  and

31


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                                          HB 2011, First Engrossed



  1         (c)  The terms or conditions upon which the auctioneer

  2  or auction business will receive the property for sale and

  3  remit the sales proceeds to the owner.

  4         (2)  The auctioneer or auction business shall give the

  5  owner one copy of the agreement and shall keep one copy for 2

  6  years after the date of the auction.

  7         (3)  A written agreement shall not be required if:

  8         (a)  The auction is to be conducted at an auction house

  9  or similar place where the public regularly offers property

10  for sale;

11         (b)  There has been no prior negotiation between the

12  owner or his agent and the auctioneer or auction business

13  involving terms or conditions pertaining to the property being

14  offered for sale; and

15         (c)  The total estimated value of the property is $500

16  or less.  If the actual sale price of the property exceeds

17  $550, the written agreement required by subsection (1) shall

18  be executed after the sale.

19         (3)(4)  Each auctioneer or auction business shall

20  maintain a record book of all sales for which a written

21  agreement is required.  The record book shall be open to

22  inspection by the board at reasonable times.

23         (4)(5)  Each auctioneer or auction business shall

24  prominently display his license, or make it otherwise

25  available for inspection, at each auction in which he

26  participates.

27         (5)(6)  All advertising by an auctioneer or auction

28  business shall include the name and Florida license number of

29  such auctioneer and auction business.  The term "advertising"

30  shall not include articles of clothing, directional signs, or

31  other promotional novelty items.


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                                          HB 2011, First Engrossed



  1         Section 24.  Paragraph (c) of subsection (1) of section

  2  468.389, Florida Statutes, is amended to read:

  3         468.389  Prohibited acts; penalties.--

  4         (1)  The following acts shall be grounds for the

  5  disciplinary activities provided in subsections (2) and (3):

  6         (c)  Failure to account for or to pay, within a

  7  reasonable time not to exceed 30 days, money or property

  8  belonging to another which has come into the control of an

  9  auctioneer or auction business through an auction.

10         Section 25.  For the purpose of incorporating the

11  amendment to section 468.389, Florida Statutes, in a reference

12  thereto, section 468.391, Florida Statutes, is reenacted to

13  read:

14         468.391  Penalty.--Any auctioneer, apprentice, or

15  auction business or any owner or manager thereof, or, in the

16  case of corporate ownership, any substantial stockholder of

17  the corporation owning the auction business, who operates

18  without an active license or violates any provision of the

19  prohibited acts listed under s. 468.389 commits a felony of

20  the third degree, punishable as provided in s. 775.082 or s.

21  775.083.

22         Section 26.  Subsections (2) and (3) of section

23  468.393, Florida Statutes, are amended to read:

24         468.393  Surcharge to license fee; assessments.--

25         (2)  If the total amount in the Auctioneer Recovery

26  Fund, including principal and interest, exceeds $250,000

27  $500,000 at the end of the state fiscal year after the payment

28  of all claims and expenses, the amount in excess of $250,000

29  $500,000 shall remain in the fund for benefit of the licensees

30  in tolling the surcharge until such time as the surcharge

31  shall need replenishing.


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                                          HB 2011, First Engrossed



  1         (3)  After October 1, 1995, if the total amount in the

  2  Auctioneer Recovery Fund, including principal and interest, is

  3  less than $200,000 at the end of the fiscal year after the

  4  payment of all claims and expenses, the board shall assess, in

  5  addition to any other fees under s. 468.3852, a surcharge

  6  against a licensee at the time of initial licensure or at the

  7  time of license renewal, according to the following formula in

  8  order to maintain the fund at $250,000 $500,000:

  9         (a)  Determine the amount remaining in the fund at the

10  end of the state fiscal year after all expenses and claims

11  have been paid.

12         (b)  Subtract the amount determined under paragraph (a)

13  from $250,000 $500,000.

14         (c)  Determine the number of initial licenses and

15  license renewals in the fiscal year that precedes the current

16  fiscal year.

17         (d)  Divide the amount determined under paragraph (b)

18  by the number determined under paragraph (c).

19         Section 27.  For the purpose of incorporating the

20  amendment to section 468.393, Florida Statutes, in a reference

21  thereto, subsection (5) of section 468.392, Florida Statutes,

22  is reenacted to read:

23         468.392  Auctioneer Recovery Fund.--There is created

24  the Auctioneer Recovery Fund as a separate account in the

25  Professional Regulation Trust Fund.  The fund shall be

26  administered by the Florida Board of Auctioneers.

27         (5)  Moneys in the fund at the end of a fiscal year

28  shall be retained in the fund and shall accrue for the benefit

29  of auctioneers and auction businesses.  When the fund exceeds

30  the amount as set forth in s. 468.393(2), all surcharges shall

31


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                                          HB 2011, First Engrossed



  1  be suspended until such time as the fund is reduced below the

  2  amount as set forth in s. 468.393(3).

  3         Section 28.  Section 468.395, Florida Statutes, is

  4  amended to read:

  5         468.395  Conditions of recovery; eligibility.--

  6         (1)  Recovery from the Auctioneer Recovery Fund may be

  7  obtained under either of the following circumstances:

  8         (a)  Any aggrieved person is eligible to receive

  9  recovery from the Auctioneer Recovery Fund if the Florida

10  Board of Auctioneers has issued a final order directing an

11  offending licensee to pay restitution to the claimant as the

12  result of the licensee violating, within the State of Florida,

13  any provision of s. 468.389 or any rule adopted by the board

14  and the board determines that the order of restitution cannot

15  be enforced; or

16         (b)  Any aggrieved person who obtains a final judgment

17  in any court against any licensee to recover damages for an

18  actual cash loss resulting from the violation, within the

19  State of Florida, by failure to meet the obligations of a

20  licensee, of any provision of s. 468.389 or any rule under

21  this part and the rules adopted by the board, with or without

22  findings by the board, that results in an actual cash loss to

23  the aggrieved person may, upon termination of all proceedings,

24  including appeals and proceedings supplemental to judgment for

25  collection purposes, file a verified application to the board

26  in the court in which the judgment was entered for an order

27  directing payment out of the Auctioneer Recovery Fund of the

28  amount of actual and direct loss in the transaction that

29  remains unpaid upon the judgment. Notwithstanding subsection

30  (3), any application received by the court in which the

31  judgment was entered within 6 months of termination of all


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                                          HB 2011, First Engrossed



  1  proceedings, including appeals and proceedings supplemental to

  2  judgment for collection purposes, shall be considered timely

  3  filed.  The amount of actual and direct loss may include court

  4  costs, but shall not include attorney's fees or punitive

  5  damages awarded.

  6         (2)  The amount paid from the Auctioneer Recovery Fund

  7  may not exceed $25,000 $50,000 per claim judgment or claims

  8  judgments arising out of the same transaction or auction nor

  9  and an aggregate lifetime limit of $50,000 $100,000 with

10  respect to any one licensee.

11         (2)  At the time the action is commenced, such person

12  shall give notice thereof to the board by certified mail,

13  except that, if no notice is given to the board, the claim may

14  still be honored if, in the opinion of the board, the claim is

15  otherwise valid.

16         (3)  A claim for recovery from the Auctioneer Recovery

17  Fund shall be made within 2 years from the time of the act

18  giving rise to the claim or within 2 years from the time the

19  act is discovered or should have been discovered with the

20  exercise of due diligence; however, in no event may a claim

21  for recovery be made more than 4 years after the date of the

22  act giving rise to the claim.

23         (4)  The board court shall not issue an order for

24  payment of a claim from the Auctioneer Recovery Fund unless

25  the claimant has reasonably established for the board court

26  that he has taken proper and reasonable action to collect the

27  amount of his claim from the licensee licensed auctioneer

28  responsible for the loss and that any recovery made has been

29  applied to reduce the amount of the claim on the Auctioneer

30  Recovery Fund.

31


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                                          HB 2011, First Engrossed



  1         (5)  Notwithstanding any other provision of this part,

  2  no claim based on any act or omission occurring outside the

  3  State of Florida or occurring prior to October 1, 1995, shall

  4  be payable submitted for payment to or payment from the

  5  Auctioneer Recovery Fund until after October 1, 1995.

  6         (6)  In case of payment of loss from the Auctioneer

  7  Recovery Fund, the fund shall be subrogated, to the extent of

  8  the amount of the payment, to all the rights of the claimant

  9  against any licensee with respect to the loss.

10         Section 29.  Subsections (1) and (3) of section

11  468.396, Florida Statutes, are amended to read:

12         468.396  Claims against a single licensee in excess of

13  dollar limitation; joinder of claims, payment; insufficient

14  funds.--

15         (1)  If the payment in full of two or more pending

16  valid claims that have been filed by aggrieved persons against

17  a single licensee would exceed the $25,000 $50,000 limit as

18  set forth in s. 468.395, the $25,000 $50,000 shall be

19  distributed among the aggrieved persons in the ratio that

20  their respective claims bear to the aggregate of all valid

21  claims or in any other manner that a court of record may

22  determine to be equitable.  Such money shall be distributed

23  among the persons entitled to share in it without regard to

24  the order of priority in which their respective judgments have

25  been obtained or their claims have been filed.

26         (3)  On June 30 and December 31 of each year, the board

27  shall identify each claim that the court orders to be paid

28  during the 6-month period that ended on that day.  The board

29  shall pay the part of each claim that is so identified within

30  15 days after the end of the 6-month period in which the claim

31  is ordered paid.  However, if the balance in the fund is


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                                          HB 2011, First Engrossed



  1  insufficient to pay the full payable amount of each claim that

  2  is ordered to be paid during a 6-month period, the board shall

  3  pay a prorated portion of each claim that is ordered to be

  4  paid during the period.  Any part of the payable amount of a

  5  claim left unpaid due to the prorating of payments under this

  6  subsection shall be paid, subject to the $25,000 $50,000 limit

  7  described in s. 468.395, before the payment of claims ordered

  8  to be paid during the following 6 months.

  9         Section 30.  Subsection (3) is added to section

10  468.432, Florida Statutes, 1996 Supplement, to read:

11         468.432  Licensure of community association managers;

12  exceptions; rules.--

13         (3)  The department is authorized to adopt rules

14  pursuant to chapter 120 to implement the licensure and

15  disciplinary requirements of this part and chapter 455.

16         Section 31.  Subsection (4) of section 468.542, Florida

17  Statutes, is amended to read:

18         468.542  Definitions.--As used in ss. 468.540-468.552,

19  the term:

20         (4)  "Operator" means any person, including the owner,

21  who is in onsite charge of the actual operation, supervision,

22  and maintenance of a water treatment plant or domestic

23  wastewater treatment plant and includes the person in onsite

24  charge of a shift or period of operation during any part of

25  the day.

26         (a)  "Class A operator" means a person who is

27  authorized by certification, training, and experience to

28  operate any water or wastewater treatment facility, as defined

29  by department rule.

30         (b)  "Class B operator" means a person who is

31  authorized by certification, training, and experience to


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                                          HB 2011, First Engrossed



  1  operate a Class B or lesser water or wastewater treatment

  2  facility, as defined by department rule, and who also may be

  3  authorized as a shift operator on Class A facilities, as

  4  permitted by department rule.

  5         (c)  "Class C operator" means a person who is

  6  authorized by certification, training, and experience to

  7  operate a Class C or lesser water or wastewater treatment

  8  facility, as defined by department rule, and who also may be

  9  authorized as a shift operator on Class A or Class B

10  facilities, as permitted by department rule.

11         (d)  "Class D operator" means a person who is

12  authorized by certification, training, and experience to

13  operate a Class D water or wastewater treatment facility, as

14  defined by department rule.

15         Section 32.  Paragraph (e) of subsection (2) and

16  subsection (3) of section 468.453, Florida Statutes, are

17  amended to read:

18         468.453  Licensure required; qualifications;

19  examination; bond.--

20         (2)  A person shall be licensed as an athlete agent if

21  the applicant:

22         (e)  Has provided sufficient information, and a full

23  set of the applicant's fingerprints which has been taken by an

24  authorized law enforcement officer, which must be submitted by

25  the department for a criminal records check through the

26  Federal Bureau of Investigation.

27         (3)  Members of The Florida Bar are exempt from the

28  requirements of this part state laws and rules component, and

29  the fee for such, of the examination required by this section.

30         Section 33.  Section 468.547, Florida Statutes, is

31  amended to read:


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                                          HB 2011, First Engrossed



  1         468.547  Fees.--The department shall, by rule,

  2  establish fees to be paid for applications and examination,

  3  reexamination, licensing and renewal, renewal of inactive

  4  license, reactivation of inactive license, recordmaking, and

  5  recordkeeping. The department shall establish fees adequate to

  6  administer and implement ss. 468.540-468.552.

  7         (1)  The application fee may not exceed $100 and is not

  8  refundable.

  9         (2)  The renewal fee may not exceed $100 and is not

10  refundable.

11         (3)  All fees collected pursuant to ss. 468.540-468.552

12  must be deposited into the Professional Regulation Trust Fund.

13         Section 34.  Subsections (1), (2), and (3) of section

14  468.548, Florida Statutes, are amended to read:

15         468.548  Requirements for licensure.--

16         (1)  Any person desiring to be licensed as a water

17  treatment plant operator or a domestic wastewater treatment

18  plant operator must apply to the department to take the

19  licensure examination.

20         (2)  The department shall license examine any applicant

21  who meets the criteria established by the department for

22  licensure, submits a completed application, and remits the

23  required fee.

24         (3)  The department shall license as an operator any

25  applicant who has passed the examination approved and

26  certified by the department under this section.

27         Section 35.  Section 468.607, Florida Statutes, is

28  amended to read:

29         468.607  Certification of building code administration

30  and inspection personnel.--The department board shall issue a

31  certificate to any individual whom the board certifies


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                                          HB 2011, First Engrossed



  1  determines to be qualified, within such class and level as

  2  provided in this part and with such limitations as the board

  3  may place upon it.  No person may be employed by a state

  4  agency or local governmental authority to perform the duties

  5  of a building code administrator, plans examiner, or inspector

  6  after October 1, 1993, without possessing the proper valid

  7  certificate issued in accordance with the provisions of this

  8  part.

  9         Section 36.  Section 468.609, Florida Statutes, is

10  amended to read:

11         468.609  Administration of this part; standards for

12  certification; additional categories of certification.--

13         (1)  Except as provided in this part, any person who

14  desires to be certified shall apply to the board, in writing

15  upon forms approved and furnished by the board, to take the

16  certification examination.

17         (2)  A person shall be entitled to take the examination

18  for certification as an inspector or plans examiner pursuant

19  to this part if the person:

20         (a)  Is at least 18 years of age;

21         (b)  Is of good moral character; and

22         (c)  Meets eligibility requirements according to one of

23  the following criteria:

24         1.  Demonstrates 5 years' combined experience in the

25  field of construction, or inspection, or plans review

26  corresponding to the certification category sought; or

27         2.  Demonstrates a combination of postsecondary

28  education in a related field and experience which totals 4

29  years, with at least 1 year of such total being experience in

30  construction, or building inspection, or plans review.; or

31


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                                          HB 2011, First Engrossed



  1         (3)  A person shall be entitled to take the examination

  2  for certification as a building code administrator pursuant to

  3  this part if the person:

  4         (a)  Is at least 18 years of age;

  5         (b)  Is of good moral character; and

  6         (c)  Meets eligibility requirements according to one of

  7  the following criteria:

  8         1.3.  For certification as a building code

  9  administrator or building official, Demonstrates 10 years'

10  combined experience as an architect, engineer, building

11  inspector, registered or certified contractor, or construction

12  superintendent, with at least 5 years of such experience in

13  supervisory positions; or.

14         2.  Demonstrates a combination of postsecondary

15  education in a related field, no more than 5 years of which

16  may be applied, and experience as an architect, engineer,

17  building inspector, registered or certified contractor, or

18  construction superintendent which totals 10 years, with at

19  least 5 years of such total being experience in supervisory

20  positions.

21         (4)(3)  No person may engage in the duties of a

22  building code administrator, plans examiner, or inspector

23  pursuant to this part after October 1, 1993, unless such

24  person possesses one of the following types of certificates,

25  currently valid, issued by the department board attesting to

26  the person's qualifications to hold such position:

27         (a)  A standard certificate.

28         (b)  A limited certificate.

29         (c)  A provisional certificate.

30         (5)(4)(a)  To obtain a standard certificate, an

31  individual must pass an examination approved by the board


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                                          HB 2011, First Engrossed



  1  which demonstrates that the applicant has fundamental

  2  knowledge of the state laws and codes relating to the

  3  construction of buildings for which the applicant has code

  4  administration or inspection responsibilities.  It is the

  5  intent of the Legislature that the examination approved for

  6  certification pursuant to this part be substantially

  7  equivalent to the examinations administered by the Southern

  8  Building Code Congress International, the Building Officials

  9  Association of Florida, the South Florida Building Code (Dade

10  and Broward), and the Council of American Building Officials.

11         (b)  A standard certificate shall be issued to each

12  applicant who successfully completes the examination, which

13  certificate authorizes the individual named thereon to

14  practice throughout the state as a building code

15  administrator, plans examiner, or inspector within such class

16  and level as is specified by the board.

17         (c)  The board may accept proof that the applicant has

18  passed an examination which is substantially equivalent to the

19  board-approved examination set forth in this section.

20         (6)(5)(a)  A building code administrator, plans

21  examiner, or inspector holding office on July 1, 1993, shall

22  not be required to possess a standard certificate as a

23  condition of tenure or continued employment, but shall be

24  required to obtain a limited certificate as described in this

25  subsection.

26         (b)  By October 1, 1993, individuals who were employed

27  on July 1, 1993, as building code administrators, plans

28  examiners, or inspectors, who are not eligible for a standard

29  certificate, but who wish to continue in such employment,

30  shall submit to the board the appropriate application and

31  certification fees and shall receive a limited certificate


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                                          HB 2011, First Engrossed



  1  qualifying them to engage in building code administration,

  2  plans examination, or inspection in the class, at the

  3  performance level, and within the governmental jurisdiction in

  4  which such person is employed.

  5         (c)  The limited certificate shall be valid only as an

  6  authorization for the building code administrator, plans

  7  examiner, or inspector to continue in the position held, and

  8  to continue performing all functions assigned to that

  9  position, on July 1, 1993.

10         (d)  A building code administrator, plans examiner, or

11  inspector holding a limited certificate can be promoted to a

12  position requiring a higher level certificate only upon

13  issuance of a standard certificate or provisional certificate

14  appropriate for such new position.

15         (7)(6)(a)  The board may provide for the issuance of

16  provisional or temporary certificates valid for such period,

17  not less than 1 year nor more than 3 years, as specified by

18  board rule, to any building code administrator, plans

19  examiner, or inspector newly employed or newly promoted who

20  lacks the qualifications prescribed by the board or by statute

21  as prerequisite to issuance of a standard certificate.

22         (b)  No building code administrator, plans examiner, or

23  inspector may have a provisional or temporary certificate

24  extended beyond the specified period by renewal or otherwise.

25         (c)  The board may provide for appropriate levels of

26  provisional or temporary certificates and may issue these

27  certificates with such special conditions or requirements

28  relating to the place of employment of the person holding the

29  certificate, the supervision of such person on a consulting or

30  advisory basis, or other matters as the board may deem

31  necessary to protect the public safety and health.


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  1         (8)(7)(a)  Any individual who holds a valid certificate

  2  under the provisions of s. 553.795, or who has successfully

  3  completed all requirements for certification pursuant to such

  4  section, shall be deemed to have satisfied the requirements

  5  for receiving a standard certificate prescribed by this part.

  6         (b)  Any individual who holds a valid certificate

  7  issued by the Southern Building Code Congress International,

  8  the Building Officials Association of Florida, the South

  9  Florida Building Code (Dade and Broward), or the Council of

10  American Building Officials certification programs, or who has

11  been approved for certification under one of those programs

12  not later than October 1, 1995, shall be deemed to have

13  satisfied the requirements for receiving a standard

14  certificate in the corresponding category prescribed by this

15  part.  Employees of counties with a population of less than

16  50,000, or employees of municipalities with a population of

17  less than 3,500, shall be deemed to have satisfied the

18  requirements for standard certification where such employee is

19  approved for certification under one of the programs set forth

20  in this paragraph not later than October 1, 1998.

21         (9)(8)  Any individual applying to the board may be

22  issued a certificate valid for multiple inspection classes, as

23  deemed appropriate by the board.

24         (10)(9)  Certification and training classes may be

25  developed in coordination with degree career education

26  centers, community colleges, the State University System, or

27  other entities offering certification and training classes.

28         (11)(10)  The board may by rule create categories of

29  certification in addition to those defined in s. 468.603(6)

30  and (7).  Such certification categories shall not be mandatory

31


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  1  and shall not act to diminish the scope of any certificate

  2  created by statute.

  3         Section 37.  Effective upon this act becoming a law,

  4  subsection (2) of section 468.617, Florida Statutes, 1996

  5  Supplement, is amended to read:

  6         468.617  Joint inspection department; other

  7  arrangements.--

  8         (2)  Nothing in this part shall prohibit local

  9  governments from employing or authorizing persons certified

10  pursuant to or exempt from this part to perform inspections on

11  a contract basis.

12         Section 38.  Subsection (1) of section 468.621, Florida

13  Statutes, is amended to read:

14         468.621  Prohibited acts; disciplinary proceedings.--

15         (1)  The following acts are prohibited by this part and

16  constitute grounds for which the disciplinary actions in

17  subsection (2) may be taken:

18         (a)  Violating or failing to comply with any provision

19  of this part, or a valid rule or lawful order of the board or

20  department pursuant thereto.

21         (b)  Obtaining certification through fraud, deceit, or

22  perjury.

23         (c)  Knowingly assisting any person practicing contrary

24  to the provisions of:

25         1.  This part; or

26         2.  The building code adopted by any the enforcement

27  authority of that person within the state; or

28         3.  Chapter 455 or chapter 489.

29         (d)  Having been convicted of a felony against this

30  state or the United States, or of a felony in another state

31


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  1  that would have been a felony had it been committed in this

  2  state.

  3         (e)  Having been convicted of a crime in any

  4  jurisdiction which directly relates to the practice of

  5  building code administration or inspection.

  6         (f)  Making or filing a report or record which the

  7  certificateholder knows to be false, or knowingly inducing

  8  another to file a false report or record, or knowingly failing

  9  to file a report or record required by state or local law, or

10  knowingly impeding or obstructing such filing, or knowingly

11  inducing another person to impede or obstruct such filing.

12         (g)  Committing willful misconduct, gross negligence,

13  gross misconduct, repeated negligence, or negligence resulting

14  in a significant danger to life or property by failure to

15  properly enforce applicable building codes.

16         Section 39.  Subsection (1) of section 468.629, Florida

17  Statutes, is amended to read:

18         468.629  Prohibitions; penalties.--

19         (1)  No person may:

20         (a)  Falsely hold himself or herself out as a

21  certificateholder.

22         (b)  Falsely impersonate a certificateholder.

23         (c)  Present as his or her own the certificate of

24  another.

25         (d)  Give false or forged evidence to the board or the

26  department, or a member, an employee, or an officer thereof,

27  for the purpose of obtaining a certificate.

28         (e)  Use or attempt to use a certificate which has been

29  suspended or revoked.

30         (f)  Threaten, coerce, trick, persuade, or otherwise

31  influence, or attempt to threaten, coerce, trick, persuade, or


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  1  otherwise influence, any certificateholder, through the

  2  certificateholder's action or inaction, to commit, allow, or

  3  assist in the commission of the violation of to violate any

  4  provision of this part, chapter 455, or chapter 489, a local

  5  building code or ordinance, or any other law of this state.

  6         (g)  Offer any compensation to a certificateholder in

  7  order to induce a violation of this part, a local building

  8  code or ordinance, or another law of this state.

  9         (h)  Engage in the duties or act in the capacity of a

10  building code administrator, plans examiner, or inspector

11  without possessing valid, active certificate issued under this

12  part.

13         Section 40.  Subsection (1) of section 469.001, Florida

14  Statutes, is amended, present subsections (20) and (22) are

15  renumbered as subsections (21) and (23), respectively, present

16  subsection (21) is renumbered as subsection (22) and amended,

17  and a new subsection (20) is added to said section, to read:

18         469.001  Definitions.--As used in this chapter:

19         (1)  "Abatement" means the removal, encapsulation,

20  enclosure, repair, maintenance, or disposal of asbestos.

21         (20)  "Project designer" means a person who works under

22  the direction of a licensed asbestos consultant and engages in

23  the design of project specifications for asbestos abatement

24  projects.

25         (22)(21)  "Survey" means the process of inspecting a

26  facility for the presence of asbestos-containing materials and

27  to determine the location and condition of asbestos-containing

28  materials prior to transfer of property, renovation,

29  demolition, or maintenance projects which may disturb

30  asbestos-containing materials.

31


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  1         Section 41.  Paragraph (e) of subsection (1) of section

  2  469.002, Florida Statutes, is amended to read:

  3         469.002  Exemptions.--

  4         (1)  This chapter does not apply to:

  5         (e)  An authorized employee of the United States, this

  6  state, or any municipality, county, or other political

  7  subdivision who has completed all training required by NESHAP

  8  and OSHA or by AHERA for the activities described in this

  9  paragraph, while engaged in asbestos-related activities set

10  forth in s. 255.5535 and asbestos-related activities involving

11  the demolition of a residential building owned by that

12  governmental unit, where such activities are within the scope

13  of that employment and the employee does not hold out for hire

14  or otherwise engage in asbestos abatement, contracting, or

15  consulting.

16         Section 42.  Subsection (3) of section 469.004, Florida

17  Statutes, is amended to read:

18         469.004  License; asbestos consultant; asbestos

19  contractor; exceptions.--

20         (3)  Licensure as an asbestos contractor or asbestos

21  consultant is not required for the moving, removal, or

22  disposal of asbestos-containing roofing material by a roofing

23  contractor certified or registered under part I of chapter

24  489, if all such activities are performed under the direction

25  of an onsite roofing supervisor trained as provided in s.

26  469.012.

27         Section 43.  Section 469.005, Florida Statutes, is

28  amended to read:

29         469.005  License requirements.--All applicants for

30  licensure as either asbestos consultants or asbestos

31  contractors shall:


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  1         (1)  Pay the initial licensing fee.

  2         (2)  When applying for licensure as an asbestos

  3  consultant, successfully complete the following

  4  department-approved courses, as approved by the department:

  5         (a)  An asbestos contractor/supervisor abatement

  6  project management and supervision course.  Such course shall

  7  consist of not less than 5 4 days of instruction and shall

  8  cover the nature of the health risks, the medical effects of

  9  exposure, federal and state asbestos laws and regulations,

10  legal and insurance considerations, contract specifications,

11  sampling and analytical methodology, worker protection, and

12  work area protection.

13         (b)  A course in building asbestos surveys and

14  mechanical systems course.  Such course shall consist of not

15  less than 3 days of instruction.

16         (c)  An A course in asbestos management planning

17  course.  Such course shall consist of not less than 2 days of

18  instruction.

19         (d)  A course in respiratory protection course.  Such

20  course shall consist of not less than 3 days of instruction.

21         (e)  A project designer course.  Such course shall

22  consist of not less than 3 days of instruction.

23         (3)  When applying for licensure as an asbestos

24  contractor, successfully complete the following

25  department-approved courses:

26         (a)  An asbestos contractor/supervisor course.  Such

27  course shall consist of not less than 5 days of instruction.

28         (b)  A respiratory protection course.  Such course

29  shall consist of not less than 3 days of instruction.

30         (4)(3)  Provide evidence of satisfactory work on 10

31  asbestos projects within the last 5 years.


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  1         (5)(4)  Provide evidence of financial stability.

  2         (6)(5)  Pass a department-approved examination of

  3  qualifications and knowledge relating to asbestos.

  4         Section 44.  Paragraph (a) of subsection (5) of section

  5  469.006, Florida Statutes, is amended to read:

  6         469.006  Licensure of business organizations;

  7  qualifying agents.--

  8         (5)(a)  Each asbestos consultant or contractor shall

  9  affix the consultant's or contractor's signature seal, if any,

10  and license number to each construction document, plan, or any

11  other document prepared or approved for use by the licensee

12  which is related to any asbestos abatement project and filed

13  for public record with any governmental agency, and to any

14  offer, bid, or contract submitted to a client.

15         Section 45.  Subsection (1) of section 469.013, Florida

16  Statutes, is amended to read:

17         469.013  Course requirements for asbestos surveyors,

18  management planners, and project monitors.--

19         (1)  All asbestos surveyors, management planners, and

20  project monitors must comply with the requirements set forth

21  in this section prior to commencing such activities and must

22  also complete a 1-day course of continuing education each year

23  thereafter.

24         (a)  Management planners must complete all requirements

25  of s. 469.005(2)(c) and (e).

26         (b)  Asbestos surveyors must complete all requirements

27  of s. 469.005(2)(b).

28         (c)  Project monitors must complete all requirements of

29  s. 469.005(2)(a) and must also complete an asbestos sampling

30  course which is equivalent to NIOSH Course 582.

31


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                                          HB 2011, First Engrossed



  1         Section 46.  Section 469.015, Florida Statutes, is

  2  repealed.

  3         Section 47.  Subsection (18) of section 470.002,

  4  Florida Statutes, 1996 Supplement, is amended to read:

  5         470.002  Definitions.--As used in this chapter:

  6         (18)  "Legally authorized person" means, in the

  7  priority listed, the decedent, when written inter vivos

  8  authorizations and directions are provided by the decedent,

  9  the surviving spouse, son or daughter who is 18 years of age

10  or older, parent, brother or sister 18 years of age or over,

11  grandchild who is 18 years of age or older, or grandparent; or

12  any person in the next degree of kinship. In addition, the

13  term may include, if no family exists or is available, the

14  following: the guardian of the dead person at the time of

15  death; the personal representative of the deceased; the

16  attorney-in-fact of the dead person at the time of death; the

17  health surrogate of the dead person at the time of death; a

18  public health officer; the medical examiner, county commission

19  or administrator acting under chapter 245, or other public

20  administrator; a representative of a nursing home or other

21  health care institution in charge of final disposition; or a

22  friend or other person not listed in this subsection who is

23  willing to assume the responsibility as authorized person.

24         Section 48.  Section 470.0085, Florida Statutes, is

25  amended to read:

26         470.0085  Establishment of embalmer apprentice

27  program.--The board may adopt rules establishing an embalmer

28  apprentice program. An embalmer apprentice may perform only

29  those tasks, functions, and duties relating to embalming which

30  are performed under the direct supervision of a licensed

31  embalmer. An embalmer apprentice shall be eligible to serve in


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                                          HB 2011, First Engrossed



  1  an apprentice capacity for a period not to exceed 1 year as

  2  may be determined by board rule or for a period not to exceed

  3  3 years if the apprentice is attending and enrolled in a

  4  course in mortuary science or funeral service education at any

  5  mortuary college or funeral service education college or

  6  school. An embalmer apprentice shall be registered with the

  7  board upon payment of a registration fee not to exceed $50.

  8         Section 49.  Section 470.009, Florida Statutes, is

  9  amended to read:

10         470.009  Licensure as a funeral director by

11  examination; provisional license.--

12         (1)  Any person desiring to be licensed as a funeral

13  director shall apply to the department to take the licensure

14  examination.  The department shall examine each applicant who

15  has remitted an examination fee set by the board not to exceed

16  $200 plus the actual per applicant cost to the department for

17  portions of the examination and who the board certifies has:

18         (a)  Completed the application form and remitted a

19  nonrefundable application fee set by the board not to exceed

20  $50.

21         (b)  Submitted proof satisfactory to the board that the

22  applicant is at least 18 years of age and is a recipient of a

23  high school degree or equivalent.

24         (c)  Had no conviction or finding of guilt, regardless

25  of adjudication, for a crime which directly relates to the

26  ability to practice funeral directing or the practice of

27  funeral directing.

28         (d)1.  Received an associate in arts degree, associate

29  in science degree, or an associate in applied science degree

30  in mortuary science approved by the board; or

31


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                                          HB 2011, First Engrossed



  1         2.  Holds an associate degree or higher from a college

  2  or university accredited by a regional association of colleges

  3  and schools recognized by the United States Department of

  4  Education and is a graduate of at least a 1-year course in

  5  mortuary science approved by the board.

  6         (e)  Submitted proof of completion of a board-approved

  7  course on communicable diseases.

  8         (f)  Has completed a 1-year internship under a licensed

  9  funeral director.

10         (2)  The department shall license the applicant as a

11  funeral director if he the applicant:

12         (a)  Passes an examination on the subjects of the

13  theory and practice of funeral directing, public health and

14  sanitation, and local, state, and federal laws and rules

15  relating to the disposition of dead human bodies; however, the

16  board by rule may adopt the use of a national examination,

17  such as the funeral service arts examination prepared by the

18  Conference of Funeral Service Examining Boards, in lieu of

19  part of this examination requirement.

20         (b)  Completes a 1-year internship under a licensed

21  funeral director.

22         (3)  Any applicant who has completed the required

23  1-year internship and has been approved for examination as a

24  funeral director may qualify for a provisional license to work

25  in a licensed funeral establishment, under the direct

26  supervision of a licensed funeral director for a limited

27  period of 6 months as provided by rule of the board.  The fee

28  for provisional licensure shall be set by the board but may

29  not exceed $125.  The fee required in this subsection shall be

30  nonrefundable and in addition to the fee required by

31  subsection (1).  This provisional license may be renewed no


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                                          HB 2011, First Engrossed



  1  more than one time.  An applicant may not be granted a license

  2  until that applicant has completed a 1-year internship as

  3  prescribed by rule of the board.

  4         Section 50.  Subsection (1) of section 470.015, Florida

  5  Statutes, 1996 Supplement, is amended to read:

  6         470.015  Renewal of funeral director and embalmer

  7  licenses.--

  8         (1)  The department shall renew a funeral director or

  9  embalmer license upon receipt of the renewal application and

10  fee set by the board not to exceed $250.  The board may

11  prescribe by rule continuing education requirements of up to

12  12 classroom hours, in addition to a board-approved course on

13  communicable diseases that includes the course on human

14  immunodeficiency virus and acquired immune deficiency syndrome

15  required by s. 455.2226, for the renewal of a funeral director

16  or embalmer license.  The board may provide for the waiver of

17  continuing education requirements in circumstances that would

18  justify the waiver, such as hardship, disability, or illness.

19  The continuing education requirement is not required after

20  July 1, 1996, for a licensee who is over the age of 75 years

21  if the licensee does not qualify as the sole person in charge

22  of an establishment or facility.

23         Section 51.  Subsection (2) of section 470.018, Florida

24  Statutes, is amended to read:

25         470.018  Renewal of registration of direct disposer.--

26         (2)  The department shall adopt rules establishing a

27  procedure for the biennial renewal of registrations.  The

28  board shall prescribe by rule continuing education

29  requirements of up to 3 classroom hours, in addition to a

30  board-approved course on communicable diseases that includes

31  the course on human immunodeficiency virus and acquired immune


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                                          HB 2011, First Engrossed



  1  deficiency syndrome required by s. 455.2226, for the renewal

  2  of a registration.

  3         Section 52.  Section 470.024, Florida Statutes, 1996

  4  Supplement, is amended to read:

  5         470.024  Funeral establishment; licensure.--

  6         (1)  A funeral establishment shall be a place at a

  7  specific street address or location consisting of at least

  8  1,250 contiguous interior square feet and must maintain or

  9  make arrangements for either suitable capacity for the

10  refrigeration and storage of dead human bodies handled and

11  stored by the establishment or a preparation room equipped

12  with necessary ventilation and drainage and containing

13  necessary instruments for embalming dead human bodies.

14         (2)  Each licensed funeral establishment may operate a

15  visitation chapel at a location within the county in which the

16  funeral establishment is located.  A visitation chapel must be

17  a facility of not less than 500 square feet and not more than

18  700 square feet, which may be operated only when a licensed

19  funeral director is present at the facility.  A visitation

20  chapel may be used only for visitation of a deceased human

21  body and may not be used for any other activity permitted by

22  this chapter.

23         (3)(2)  No person may conduct, maintain, manage, or

24  operate a funeral establishment unless an establishment

25  operating license has been issued by the department for that

26  funeral establishment.

27         (4)(3)  Application for a funeral establishment license

28  shall be made on forms furnished by the department, shall be

29  accompanied by a nonrefundable fee not to exceed $300 as set

30  by board rule, and shall include the name of the licensed

31  funeral director who is in charge of that establishment.


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  1         (5)(4)  A funeral establishment license shall be

  2  renewable biennially pursuant to procedures, and upon payment

  3  of a nonrefundable fee not to exceed $300, as set by board

  4  rule. The board may also establish by rule a delinquency fee

  5  not to exceed $50.

  6         (6)(5)  The practice of embalming done at a funeral

  7  establishment shall only be practiced by an embalmer licensed

  8  under this chapter.

  9         (7)(6)  Each licensed funeral establishment shall have

10  one full-time funeral director in charge and shall have a

11  licensed funeral director reasonably available to the public

12  during normal business hours for that establishment. The

13  full-time funeral director in charge must have an active

14  license and may not be the full-time funeral director in

15  charge of any other funeral establishment or of any other

16  direct disposal establishment.

17         (8)(7)  The issuance of a license to operate a funeral

18  establishment to a person or entity who is not individually

19  licensed as a funeral director does not entitle the person to

20  practice funeral directing.

21         (9)(8)  Each funeral establishment located at a

22  specific address shall be deemed to be a separate entity and

23  shall require separate licensing and compliance with the

24  requirements of this chapter. A No funeral establishment may

25  not shall be operated at the same location as any other

26  funeral establishment or direct disposal establishment unless

27  such establishments were licensed as colocated establishments

28  on July 1, 1997 colocated on January 1, 1993. Each

29  establishment that was licensed as a colocated establishment

30  on July 1, 1997, may continue to renew its license in the same

31  manner as other licenses are renewed, but such license renewal


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                                          HB 2011, First Engrossed



  1  is restricted to the facilities of the establishment as they

  2  existed on July 1, 1997.  No other licensing of colocated

  3  establishments is permitted.

  4         (10)(9)  Every funeral establishment licensed under

  5  this chapter shall at all times be subject to the inspection

  6  of all its buildings, grounds, and vehicles used in the

  7  conduct of its business, by the department or any of its

  8  designated representatives or agents, or local or Department

  9  of Health and Rehabilitative Services inspectors. The board

10  shall by rule establish requirements for inspection of funeral

11  establishments.

12         (11)(10)  The board shall set by rule an annual

13  inspection fee not to exceed $100, payable upon application

14  for licensure and upon each renewal of such license.

15         (12)(11)  A change in ownership of a funeral

16  establishment shall be promptly reported to the department and

17  shall may require the relicensure of the funeral

18  establishment, including reinspection and payment of

19  applicable fees.

20         (13)(12)  Each application for a funeral establishment

21  license shall identify every person with the ability to direct

22  the management or policies of the establishment and must

23  identify every person having more than a 10-percent ownership

24  interest in the establishment or the business or corporation

25  which owns the establishment. The board may deny, suspend, or

26  revoke the license if any person identified in the application

27  has ever been disciplined by a regulatory agency in any

28  jurisdiction for any offense that would constitute a violation

29  of this chapter. The board may deny, suspend, or revoke the

30  license if any person identified in the application has ever

31  been convicted or found guilty of, or entered a plea of nolo


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                                          HB 2011, First Engrossed



  1  contendere to, regardless of adjudication, a crime in any

  2  jurisdiction that directly relates to the ability to operate a

  3  funeral establishment.

  4         (14)(13)  Each funeral establishment must display at

  5  the public entrance the name of the establishment and the name

  6  of the full-time funeral director in charge. A funeral

  7  establishment must transact its business under the name by

  8  which it is licensed.

  9         Section 53.  Subsection (1) of section 470.029, Florida

10  Statutes, is amended to read:

11         470.029  Reports of cases embalmed and bodies

12  handled.--

13         (1)  Each funeral establishment, direct disposal

14  establishment, cinerator facility, and centralized embalming

15  facility shall report on a form prescribed and furnished by

16  the department the name of the deceased and such other

17  information as may be required with respect to each dead human

18  body embalmed or otherwise handled by the establishment or

19  facility.  Such forms shall be signed by the embalmer who

20  performs the embalming, if the body is embalmed, and the

21  funeral director in charge of the establishment or facility or

22  by the direct disposer who disposes of the body.  The board

23  shall prescribe by rule the procedures in submitting such

24  documentation.  Reports required by this subsection shall be

25  filed by the 10th day of each month for final dispositions

26  handled the preceding month.

27         Section 54.  Paragraphs (f) and (g) are added to

28  subsection (2) of section 470.0301, Florida Statutes, 1996

29  Supplement, to read:

30         470.0301  Removal services; refrigeration facilities;

31  centralized embalming facilities.--In order to ensure that the


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                                          HB 2011, First Engrossed



  1  removal, refrigeration, and embalming of all dead human bodies

  2  is conducted in a manner that properly protects the public's

  3  health and safety, the board shall adopt rules to provide for

  4  the registration of removal services, refrigeration

  5  facilities, and centralized embalming facilities operated

  6  independently of funeral establishments, direct disposal

  7  establishments, and cinerator facilities.

  8         (2)  CENTRALIZED EMBALMING FACILITIES.--In order to

  9  ensure that all funeral establishments have access to

10  embalming facilities that comply with all applicable health

11  and safety requirements, the board shall adopt rules to

12  provide for the registration of centralized embalming

13  facilities and shall require, at a minimum, the following:

14         (f)  Application for registration of a centralized

15  embalming facility shall be made on forms furnished by the

16  department and shall be accompanied by a nonrefundable fee not

17  to exceed $300 as set by board rule, and registration shall be

18  renewed biennially pursuant to procedures and upon payment of

19  a nonrefundable fee not to exceed $300 as set by board rule.

20  The board may also establish by rule a late fee not to exceed

21  $50.  Any registration not renewed within 30 days after the

22  renewal date shall expire without further action by the

23  department.

24         (g)  The board shall set by rule an annual inspection

25  fee not to exceed $100, payable upon application for

26  registration and upon renewal of such registration.

27         Section 55.  Section 470.0315, Florida Statutes, is

28  created to read:

29         470.0315  Storage, preservation, and transportation of

30  human remains.--

31


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                                          HB 2011, First Engrossed



  1         (1)  No person may store or maintain human remains at

  2  any establishment or facility, except an establishment or

  3  facility licensed or registered under this chapter or a health

  4  care facility, medical examiner's facility, morgue, or

  5  cemetery holding facility.

  6         (2)  No dead human body may be held in any place or in

  7  transit over 24 hours after death or pending final disposition

  8  unless the body is maintained under refrigeration at a

  9  temperature of 40 degrees Fahrenheit or below or is embalmed

10  or otherwise preserved in a manner approved by the board in

11  accordance with the provisions of this chapter.

12         (3)  A dead human body transported by common carrier or

13  any agency or individual authorized to carry human bodies must

14  be placed in a carrying container adequate to prevent the

15  seepage of fluids and escape of offensive odors.  A dead human

16  body shall be transported only when accompanied by a properly

17  completed burial-transit permit issued in accordance with the

18  provisions of chapter 382.

19         (4)  The board shall establish by rule the minimal

20  standards of acceptable and prevailing practices for the

21  handling of dead human bodies, provided that all human remains

22  transported or stored must be completely covered and at all

23  times treated with dignity and respect.

24         (5)  A person who violates any provision of this

25  section commits a misdemeanor of the first degree, punishable

26  as provided in s. 775.082 or s. 775.083.

27         Section 56.  Section 470.0355, Florida Statutes, is

28  created to read:

29         470.0355  Identification of human remains.--

30         (1)  The licensee or registrant in charge of the final

31  disposition of dead human remains shall, prior to final


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                                          HB 2011, First Engrossed



  1  disposition of such dead human remains, affix on the ankle or

  2  wrist of the deceased, or in the casket or alternative

  3  container or cremation container, proper identification of the

  4  dead human remains.  The identification or tag shall be

  5  encased in or consist of durable and long-lasting material

  6  containing the name, date of birth, date of death, and social

  7  security number of the deceased, if available.  If the dead

  8  human remains are cremated, proper identification shall be

  9  placed in the container or urn containing the remains.

10         (2)  Any licensee or registrant responsible for removal

11  of dead human remains to any establishment, facility, or

12  location shall ensure that the remains are identified by a tag

13  or other means of identification that is affixed to the ankle

14  or wrist of the deceased at the time the remains are removed

15  from the place of death or other location.

16         (3)  Any licensee or registrant may rely on the

17  representation of a legally authorized person to establish the

18  identity of dead human remains.

19         Section 57.  Section 471.024, Florida Statutes, is

20  created to read:

21         471.024  Engineers performing building code inspector

22  duties.--A person currently licensed to practice as an

23  engineer under this chapter may provide building inspection

24  services described in s. 468.603(6) and (7) to a local

25  government or state agency upon its request, without being

26  certified by the Board of Building Code Administrators and

27  Inspectors under part XIII of chapter 468. When performing

28  these building inspection services, the engineer is subject to

29  the disciplinary guidelines of this chapter and s.

30  468.621(1)(c)-(g). The complaint processing, investigation,

31  and discipline shall be conducted by the board rather than the


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  1  Board of Building Code Administrators and Inspectors. An

  2  engineer may not perform plans review, as set forth in s.

  3  468.603(2), as an employee of a local government on any job

  4  that the engineer or the engineer's company designed.

  5         Section 58.  Paragraphs (c), (d), (e), (g), and (m) of

  6  subsection (1) of section 470.036, Florida Statutes, and

  7  subsection (2) of said section are amended to read:

  8         470.036  Disciplinary proceedings.--

  9         (1)  The following acts constitute grounds for which

10  the disciplinary actions in subsection (2) may be taken:

11         (c)  Having a license or registration to practice

12  funeral directing or embalming, apprentice embalming, or to

13  operate a cinerator facility, funeral establishment, removal

14  service, centralized embalming facility, or refrigeration

15  service, revoked, suspended, or otherwise acted against,

16  including the denial of licensure or registration, by the

17  licensing or registering authority of another jurisdiction.

18         (d)  Being convicted or found guilty of, or entering a

19  plea of nolo contendere to, regardless of adjudication, a

20  crime in any jurisdiction which directly relates to the

21  practice of embalming or funeral directing, apprentice

22  embalming, or operation of a cinerator facility, funeral

23  establishment, removal service, centralized embalming

24  facility, or refrigeration service, or the ability to practice

25  embalming or funeral directing, apprentice embalming, or

26  operate a cinerator facility, funeral establishment, removal

27  service, centralized embalming facility, or refrigeration

28  service.

29         (e)  Making or filing a report or record which the

30  licensee knows to be false, intentionally or negligently

31  failing to file a report or record required by state, local,


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                                          HB 2011, First Engrossed



  1  or federal law, willfully impeding or obstructing such filing,

  2  or inducing another person to impede or obstruct such filing.

  3  Such reports or records shall include only those which are

  4  signed in the capacity of a licensed funeral director,

  5  embalmer, centralized embalming facility operator, or

  6  cinerator facility operator.

  7         (g)  Fraud, deceit, negligence, incompetency, or

  8  misconduct, in the practice of funeral directing or embalming,

  9  apprentice embalming, funeral establishment operation,

10  centralized embalming facility operation, cinerator facility

11  operation, removal service operation, or refrigeration service

12  operation.

13         (m)  Making any false or misleading statement, oral or

14  written, directly or indirectly, regarding the sale of

15  services or merchandise in connection with funeral directing,

16  embalming, funeral establishment operation, cinerator facility

17  operation, removal service operation, centralized embalming

18  service, or refrigeration operation on a preneed or at-need

19  basis.

20         (2)  When the board finds any licensed embalmer,

21  apprentice embalmer, embalmer intern, funeral director,

22  funeral director intern, funeral establishment, centralized

23  embalming facility, removal service, refrigeration service,

24  cinerator facility, or cinerator facility operator guilty of

25  any of the grounds set forth in subsection (1), it may enter

26  an order imposing one or more of the following penalties:

27         (a)  Denial of an application for licensure.

28         (b)  Permanent revocation or suspension of a license.

29         (c)  Imposition of an administrative fine not to exceed

30  $5,000 for each count or separate offense.

31         (d)  Issuance of a reprimand.


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  1         (e)  Placement of the licensee on probation for a

  2  period of time and subject to such conditions as the board may

  3  specify, including requiring the licensee to attend continuing

  4  education courses or to work under the supervision of another

  5  licensee.

  6         (f)  Restriction of the authorized scope of practice.

  7         (g)  Assessment of costs associated with investigation

  8  and prosecution.

  9         Section 59.  Subsection (5) of section 473.306, Florida

10  Statutes, is amended, and subsection (6) is added to said

11  section, to read:

12         473.306  Examinations.--

13         (5)  The board may adopt an alternative licensure

14  examination for persons who have been licensed to practice

15  public accountancy or its equivalent in a foreign country so

16  long as the International Qualifications Appraisal Board of

17  the National Association of State Boards of Accountancy has

18  ratified an agreement with that country for reciprocal

19  licensure Canadian chartered accountants who have completed

20  the Canadian chartered accountant licensure examination and

21  hold a chartered accountant license from a Canadian province.

22         (6)  For the purposes of maintaining the proper

23  educational qualifications for licensure under this chapter,

24  the board may appoint an Educational Advisory Council, which

25  shall be composed of one member of the board, two persons in

26  public practice who are licensed under this chapter, and four

27  academicians on faculties of universities in this state.

28         Section 60.  Section 473.3065, Florida Statutes, is

29  created to read:

30         473.3065  Certified Public Accountant Education

31  Minority Assistance Program; advisory council.--


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  1         (1)  The Certified Public Accountant Education Minority

  2  Assistance Program for Florida residents is hereby established

  3  in the division for the purpose of providing scholarships to

  4  minority persons, as defined in s. 288.703(3), who are

  5  students enrolled in their fifth year of an accounting

  6  education program at institutions in this state approved by

  7  the board by rule.  A Certified Public Accountant Education

  8  Minority Assistance Advisory Council shall assist the board in

  9  administering the program.

10         (2)  All moneys used to provide scholarships under the

11  program shall be funded by a portion of existing license fees,

12  as set by the board, not to exceed $10 per license.  Such

13  moneys shall be deposited into the Professional Regulation

14  Trust Fund in a separate account maintained for that purpose.

15  The department is authorized to spend up to $100,000 per year

16  for the program from this program account, but may not

17  allocate overhead charges to it.  Moneys for scholarships

18  shall be disbursed annually upon recommendation of the

19  advisory council and approval by the board, based on the

20  adopted eligibility criteria and comparative evaluation of all

21  applicants.  Funds in the program account may be invested by

22  the Treasurer under the same limitations as apply to

23  investment of other state funds, and all interest earned

24  thereon shall be credited to the program account.

25         (3)  The board shall adopt rules as necessary for

26  administration of the program, including rules relating to the

27  following:

28         (a)  Eligibility criteria for receipt of a scholarship,

29  which, at a minimum, shall include the following factors:

30         1.  Financial need.

31


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                                          HB 2011, First Engrossed



  1         2.  Ethnic, gender, or racial minority status pursuant

  2  to s. 288.703(3).

  3         3.  Scholastic ability and performance.

  4         (b)  Scholarship application procedures.

  5         (c)  Amounts in which scholarships may be provided, the

  6  total amount that may be provided, the timeframe for payments

  7  or partial payments, and criteria for how scholarship funds

  8  may be expended.

  9         (d)  The total amount of scholarships that can be made

10  each year.

11         (e)  The minimum balance that must be maintained in the

12  program account.

13         (4)  Determinations made by the board regarding

14  recipients of scholarship moneys shall not be considered

15  agency action for purposes of chapter 120.

16         (5)  It is unlawful for any person or agent of such

17  person to knowingly file with the board any notice, statement,

18  or other document which is false or which contains any

19  material misstatement of fact.  A person who violates any

20  provision of this subsection commits a misdemeanor of the

21  second degree, punishable as provided in s. 775.082 or s.

22  775.083.

23         (6)  There is hereby created the Certified Public

24  Accountant Education Minority Assistance Advisory Council to

25  assist the board in administering the program.  The council

26  shall be diverse and representative of the gender, ethnic, and

27  racial categories set forth in s. 288.703(3).

28         (a)  The council shall consist of five licensed

29  Florida-certified public accountants selected by the board, of

30  whom one shall be a board member who serves as chair of the

31  council, one shall be a representative of the National


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                                          HB 2011, First Engrossed



  1  Association of Black Accountants, one shall be a

  2  representative of the Cuban American CPA Association, and two

  3  shall be selected at large.  At least one member of the

  4  council must be a woman.

  5         (b)  The board shall determine the terms for initial

  6  appointments and appointments thereafter.

  7         (c)  Any vacancy on the council shall be filled in the

  8  manner provided for the selection of the initial member.  Any

  9  member appointed to fill a vacancy of an unexpired term shall

10  be appointed for the remainder of that term.

11         (d)  Three consecutive absences or absences

12  constituting 50 percent or more of the council's meetings

13  within any 12-month period shall cause the council membership

14  of the member in question to become void, and the position

15  shall be considered vacant.

16         (e)  The members of the council shall serve without

17  compensation, and any necessary and actual expenses incurred

18  by a member while engaged in the business of the council shall

19  be borne by such member or by the organization or agency such

20  member represents.  However, the council member who is a

21  member of the board shall be compensated in accordance with

22  the provisions of ss. 455.207(4) and 112.061.

23         Section 61.  Subsection (4) of section 473.308, Florida

24  Statutes, is amended to read:

25         473.308  Licensure.--

26         (4)  If application for licensure is made prior to

27  August 1, 2000, and the applicant has 5 years of experience in

28  the practice of public accountancy, either in the United

29  States or in the practice of public accountancy or its

30  equivalent in a foreign country that the International

31  Qualifications Appraisal Board of the National Association of


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  1  State Boards of Accountancy has determined has licensure

  2  standards that are substantially equivalent to those in the

  3  United States as a licensed chartered accountant in Canada,

  4  the board shall waive the requirements of s. 473.306(2)(b)2.

  5  that are in excess of a baccalaureate degree.  All experience

  6  that is used as a basis for waiving said requirements of s.

  7  473.306(2)(b)2. must be experience outside this state.

  8  Furthermore, said experience must be after licensure as a

  9  certified public accountant by another state or territory of

10  the United States or after licensure in the practice of public

11  accountancy or its equivalent in a foreign country that the

12  International Qualifications Appraisal Board of the National

13  Association of State Boards of Accountancy has determined has

14  licensure standards that are substantially equivalent to those

15  in the United States.  The board shall have the authority to

16  establish the standards for experience that meet this

17  requirement.

18         Section 62.  Subsection (1) of section 473.309, Florida

19  Statutes, is amended to read:

20         473.309  Practice requirements for partnerships,

21  professional service corporations, and limited liability

22  companies.--

23         (1)  A partnership shall not engage in the practice of

24  public accounting in this state unless:

25         (a)  At least one general partner and each partner

26  domiciled in this state is a certified public accountant of

27  this state and holds an active license;

28         (b)  Each partner is a certified public accountant in

29  some state; and

30         (c)  The partnership is currently licensed as required

31  by s. 473.3101.


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                                          HB 2011, First Engrossed



  1         (d)  It is a form of partnership recognized by Florida

  2  law.

  3         (e)  It is in compliance with rules adopted by the

  4  board pertaining to minimum capitalization and adequate public

  5  liability insurance.

  6         Section 63.  Subsection (4) is added to section

  7  473.312, Florida Statutes, to read:

  8         473.312  Continuing education.--As part of the license

  9  renewal procedure, the board shall by rule require licensees

10  to submit proof satisfactory to the board that during the 2

11  years prior to application for renewal, they have successfully

12  completed not less than 48 or more than 80 classroom hours of

13  continuing professional education programs in public

14  accounting subjects approved by the board.  The board may

15  prescribe by rule additional continuing professional education

16  hours, not to exceed 25 percent of the total hours required,

17  for failure to complete the hours required for renewal by the

18  end of the reestablishment period.

19         (4)  For the purposes of maintaining proper continuing

20  education requirements for renewal of licensure under this

21  chapter, the board may appoint a Continuing Professional

22  Education Advisory Council, which shall be composed of one

23  member of the board, one academician on the faculty of a

24  university in this state, and six certified public

25  accountants.

26         Section 64.  Section 474.203, Florida Statutes, is

27  amended to read:

28         474.203  Exemptions.--This chapter shall not apply to:

29         (1)  Any faculty member practicing only in conjunction

30  with teaching duties at a school or college of veterinary

31  medicine. Such school or college shall be located in this


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                                          HB 2011, First Engrossed



  1  state and be accredited by the American Veterinary Medical

  2  Association Council on Education. However, this exemption

  3  shall only apply to such a faculty member who does not hold a

  4  valid license issued under this chapter but who is a graduate

  5  of a school or college of veterinary medicine accredited by

  6  the American Veterinary Medical Association Council on

  7  Education or a school or college recognized by the American

  8  Veterinary Medical Association Commission for Foreign

  9  Veterinary Graduates. The faculty member exemption shall

10  automatically expire when such school or college terminates

11  the faculty member from such teaching duties.  On July 1

12  December 31 of each year, such school or college shall provide

13  the board with a written list of all faculty who are exempt

14  from this chapter. Such school or college shall also notify

15  the board in writing of any additions or deletions to such

16  list.

17         (2)  A person practicing as an intern or resident

18  veterinarian and who does not hold a valid license issued

19  under this chapter but who is a graduate in training at a

20  school or college of veterinary medicine located in this state

21  and accredited by the American Veterinary Medical Association

22  Council on Education. Such intern or resident must be a

23  graduate of a school or college of veterinary medicine

24  accredited by the American Veterinary Medical Association

25  Council on Education or a school or college recognized by the

26  American Veterinary Medical Association Commission for Foreign

27  Veterinary Graduates. This exemption shall expire when such

28  intern or resident completes or is terminated from such

29  training. Each school or college at which such intern or

30  resident is in training shall, on July 1 of each year, provide

31  the board with a written list of all such interns or residents


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                                          HB 2011, First Engrossed



  1  designated for this exemption, and the school or college shall

  2  also notify the board of any additions to or deletions from

  3  the list.

  4         (3)(2)  A student in a school or college of veterinary

  5  medicine while in the performance of duties assigned by his

  6  instructor or when working as a preceptor under the immediate

  7  supervision of a licensee, provided that such preceptorship is

  8  required for graduation from an accredited school or college

  9  of veterinary medicine. The licensed veterinarian shall be

10  responsible for all acts performed by a preceptor under his

11  supervision.

12         (4)(3)  Any doctor of veterinary medicine in the employ

13  of a state agency or the United States Government while

14  actually engaged in the performance of his official duties;

15  however, this exemption shall not apply to such person when he

16  is not engaged in carrying out his official duties or is not

17  working at the installations for which his services were

18  engaged.

19         (5)(4)  Any person, or his regular employee,

20  administering to the ills or injuries of his own animals,

21  including, but not limited to, castration, spaying, and

22  dehorning of herd animals, unless title has been transferred

23  or employment provided for the purpose of circumventing this

24  law. This exemption shall not apply to out-of-state

25  veterinarians practicing temporarily in the state. However,

26  only a veterinarian may immunize or treat an animal for

27  diseases which are communicable to humans and which are of

28  public health significance.

29         (6)(5)  State agencies, accredited schools,

30  institutions, foundations, business corporations or

31  associations, physicians licensed to practice medicine and


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                                          HB 2011, First Engrossed



  1  surgery in all its branches, graduate doctors of veterinary

  2  medicine, or persons under the direct supervision thereof,

  3  which or who conduct experiments and scientific research on

  4  animals in the development of pharmaceuticals, biologicals,

  5  serums, or methods of treatment, or techniques for the

  6  diagnosis or treatment of human ailments, or when engaged in

  7  the study and development of methods and techniques directly

  8  or indirectly applicable to the problems of the practice of

  9  veterinary medicine.

10         (7)(6)  Any veterinary aide, nurse, laboratory

11  technician, preceptor, or other employee of a licensed

12  veterinarian who administers medication or who renders

13  auxiliary or supporting assistance under the responsible

14  supervision of a such licensed veterinarian practitioner,

15  including those tasks identified by rule of the board

16  requiring immediate supervision. However, the licensed

17  veterinarian shall be responsible for all such acts performed

18  under this subsection by persons under his supervision.

19         (8)  A veterinarian, licensed by and actively

20  practicing veterinary medicine in another state, who is board

21  certified in a specialty recognized by the board and who

22  responds to a request of a veterinarian licensed in this state

23  to assist with the treatment on a specific case of a specific

24  animal or with the treatment on a specific case of the animals

25  of a single owner, as long as the veterinarian licensed in

26  this state requests the other veterinarian's presence. A

27  veterinarian who practices under this subsection is not

28  eligible to apply for a premises permit under s. 474.215.

29         (9)  For the purposes of chapters 465 and 893, persons

30  exempt under subsection (1), subsection (2), or subsection (4)

31  shall be deemed to be duly licensed practitioners authorized


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                                          HB 2011, First Engrossed



  1  by the laws of this state to prescribe drugs or medicinal

  2  supplies.

  3         Section 65.  Section 474.2065, Florida Statutes, is

  4  amended to read:

  5         474.2065  Fees.--The board, by rule, shall establish

  6  fees for application and examination, reexamination, license

  7  renewal, inactive status, renewal of inactive status, license

  8  reactivation, periodic inspection of veterinary

  9  establishments, and duplicate copies of licenses,

10  certificates, and permits. The fee for the initial application

11  and examination may not exceed $150, and if an examination

12  cost is included in the application fee, the combined amount

13  may not exceed $650 plus the actual per applicant cost to the

14  department for purchase of portions of the examination from

15  the Professional Examination Service for the American

16  Veterinary Medical Association or a similar national

17  organization, if the examination is purchased by the

18  department. The fee for licensure by endorsement may not

19  exceed $500. The fee for temporary licensure may not exceed

20  $200. The board shall establish fees that are adequate to

21  ensure its continued operation and to fund the proportionate

22  expenses incurred by the department which are allocated to the

23  regulation of veterinarians. Fees shall be based on

24  departmental estimates of the revenue required to administer

25  this chapter and the provisions relating to the regulation of

26  veterinarians.

27         Section 66.  Section 474.207, Florida Statutes, is

28  amended to read:

29         474.207  Licensure by examination.--

30         (1)  Any person desiring to be licensed as a

31  veterinarian shall apply to the department to take a licensure


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                                          HB 2011, First Engrossed



  1  examination. The board may by rule adopt use of a national

  2  examination in lieu of part or all of the examination required

  3  by this section, with a reasonable passing score to be set by

  4  rule of the board.

  5         (2)  The department shall license each applicant who

  6  the board certifies has:

  7         (a)  Completed the application form and remitted an

  8  application examination fee set by the board.

  9         (b)1.  Graduated from a college of veterinary medicine

10  accredited by the American Veterinary Medical Association

11  Council on Education; or

12         2.  Graduated from a college of veterinary medicine

13  listed in the American Veterinary Medical Association Roster

14  of Veterinary Colleges of the World and obtained a certificate

15  from the Education Commission for Foreign Veterinary

16  Graduates.

17         (c)  Successfully completed the examination approved by

18  the board and certified provided by the department for this

19  purpose, or an examination determined by the board to be

20  equivalent.

21         (d)  Demonstrated knowledge of the laws and rules

22  governing the practice of veterinary medicine in Florida in a

23  manner designated by rules of the board.

24

25  The department shall not issue a license to any applicant who

26  is under investigation in any state or territory of the United

27  States or in the District of Columbia for an act which would

28  constitute a violation of this chapter until the investigation

29  is complete and disciplinary proceedings have been terminated,

30  at which time the provisions of s. 474.214 shall apply.

31


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  1         (3)  Notwithstanding the provisions of paragraph

  2  (2)(b), an applicant shall be deemed to have met the education

  3  requirements for licensure upon submission of evidence that

  4  the applicant meets one of the following:

  5         (a)  The applicant was certified for examination by the

  6  board prior to October 1, 1989; or

  7         (b)  The applicant immigrated to the United States

  8  after leaving his home country because of political reasons,

  9  provided such country is located in the Western Hemisphere and

10  lacks diplomatic relations with the United States,; and:

11         (a)1.  Was a Florida resident immediately preceding his

12  application for licensure;

13         (b)2.  Demonstrates to the board, through submission of

14  documentation verified by his respective professional

15  association in exile, that he received a professional degree

16  in veterinary medicine from a college or university located in

17  the country from which he emigrated. However, the board may

18  not require receipt transcripts from the Republic of Cuba as a

19  condition of eligibility under this section; and

20         (c)3.  Lawfully practiced his profession for at least 3

21  years.

22         (4)  Applicants certified for examination or

23  reexamination under subsection (3) who fail or have failed the

24  examination three times subsequent to October 1, 1989, shall

25  be required to demonstrate to the board that they meet the

26  requirements of paragraph (2)(b) prior to any further

27  reexamination or certification for licensure.

28         (5)  An unlicensed doctor of veterinary medicine who

29  has graduated from an approved college or school of veterinary

30  medicine and has completed all parts of the examination for

31  licensure is permitted, while awaiting the results of such


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  1  examination for licensure or while awaiting issuance of the

  2  license, to practice under the immediate supervision of a

  3  licensed veterinarian. A person who fails any part of the

  4  examination may not continue to practice, except in the same

  5  capacity as other nonlicensed veterinary employees, until he

  6  passes the examination and is eligible for licensure.

  7         Section 67.  Subsection (3) of section 474.211, Florida

  8  Statutes, is amended to read:

  9         474.211  Renewal of license.--

10         (3)  The board may by rule prescribe continuing

11  education, not to exceed 30 hours biennially, as a condition

12  for renewal of a license or certificate. The criteria for such

13  programs, providers, or courses shall be approved by the

14  board.

15         Section 68.  Subsection (1) of section 474.2125,

16  Florida Statutes, is amended to read:

17         474.2125  Temporary license.--

18         (1)  The board shall adopt rules providing for the

19  issuance of a temporary license to a licensed veterinarian of

20  another state for the purpose of enabling him to provide

21  veterinary medical services in this state for the animals of a

22  specific owner or, as may be needed in an emergency as defined

23  in s. 252.34(3)(2), for the animals of multiple owners,

24  provided the applicant would qualify for licensure by

25  endorsement under s. 474.217, except that the applicant is not

26  required to have demonstrated compliance with the requirements

27  of s. 474.217(1)(a) prior to issuance of the license.  No

28  temporary license shall be valid for more than 30 days after

29  its issuance, and no license shall cover more than the

30  treatment of the animals of one owner except in an emergency

31


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  1  as defined in s. 252.34(3)(2).  After the expiration of 30

  2  days, a new license is required.

  3         Section 69.  Paragraph (c) of subsection (2) of section

  4  474.214, Florida Statutes, is amended to read:

  5         474.214  Disciplinary proceedings.--

  6         (2)  When the board finds any applicant or veterinarian

  7  guilty of any of the grounds set forth in subsection (1),

  8  regardless of whether the violation occurred prior to

  9  licensure, it may enter an order imposing one or more of the

10  following penalties:

11         (c)  Imposition of an administrative fine not to exceed

12  $5,000 $1,000 for each count or separate offense.

13

14  In determining appropriate action, the board must first

15  consider those sanctions necessary to protect the public. Only

16  after those sanctions have been imposed may the disciplining

17  authority consider and include in its order requirements

18  designed to rehabilitate the veterinarian. All costs

19  associated with compliance with any order issued under this

20  subsection are the obligation of the veterinarian.

21         Section 70.  Subsection (7) of section 474.215, Florida

22  Statutes, is amended, and subsections (8) and (9) are added to

23  said section, to read:

24         474.215  Premises permits; disciplinary actions.--

25         (7)  The board by rule shall establish minimum

26  standards for the operation of limited service veterinary

27  medical practices. Such rules shall not restrict limited

28  service veterinary medical practices and shall be consistent

29  with the type of limited veterinary medical service provided.

30         (a)  Any person that offers or provides limited service

31  veterinary medical practice shall obtain a biennial permit


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  1  from the board the cost of which shall not exceed $250. The

  2  limited service permittee shall register each location where

  3  limited service clinics are held and shall pay a fee set by

  4  rule not to exceed $25 to register each such location.

  5         (b)  All permits issued under this subsection are

  6  subject to the provisions of ss. 474.213 and 474.214.

  7         (c)  Notwithstanding any provision of this subsection

  8  to the contrary, any temporary rabies vaccination effort

  9  operated by a county health department in response to a public

10  health threat, as declared by the State Health Officer in

11  consultation with the State Veterinarian, shall not be subject

12  to any preregistration, time limitation, or fee requirements,

13  but shall adhere to all other requirements for limited service

14  veterinary medical practice as prescribed by rule. The fee

15  charged to the public for a rabies vaccination administered

16  during such temporary rabies vaccination effort shall not

17  exceed the actual cost of administering the rabies vaccine.

18  Such rabies vaccination efforts may not be used for any

19  purpose other than to address the public health consequences

20  of the rabies outbreak. The board shall be immediately

21  notified in writing of any temporary rabies vaccination effort

22  operated under this paragraph.

23         (8)  Any person who is not a veterinarian licensed

24  under this chapter but who desires to own and operate a

25  veterinary medical establishment shall apply to the board for

26  a premises permit. If the board certifies that the applicant

27  complies with the applicable laws and rules of the board, the

28  department shall issue a premises permit. No permit shall be

29  issued unless a licensed veterinarian is designated to

30  undertake the professional supervision of the veterinary

31  medical practice and the minimum standards set by rule of the


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  1  board for premises where veterinary medicine is practiced.

  2  Upon application, the department shall submit for a statewide

  3  criminal records correspondence check through the Department

  4  of Law Enforcement. The permittee shall notify the board

  5  within 10 days after any change of the licensed veterinarian

  6  responsible for such duties. Any permittee under this

  7  subsection is subject to the provisions of subsection (9) and

  8  s. 474.214.

  9         (9)(a)  The department or the board may deny, revoke,

10  or suspend the permit of any permittee under this section and

11  may fine, place on probation, or otherwise discipline any

12  permittee under this section who has:

13         1.  Obtained a permit by misrepresentation or fraud or

14  through an error of the department or board;

15         2.  Attempted to procure, or has procured, a permit for

16  any other person by making, or causing to be made, any false

17  representation;

18         3.  Violated any of the requirements of this chapter or

19  any rule of the board; or

20         4.  Been convicted or found guilty of, or entered a

21  plea of nolo contendere to, a felony in any court of this

22  state, of any other state, or of the United States.

23         (b)  If the permit is revoked or suspended, the owner,

24  manager, or proprietor shall cease to operate the premises as

25  a veterinary medical practice as of the effective date of the

26  suspension or revocation. In the event of such revocation or

27  suspension, the owner, manager, or proprietor shall remove

28  from the premises all signs and symbols identifying the

29  premises as a veterinary medical practice. The period of any

30  such suspension shall be prescribed by rule of the board, but

31  in no case shall it exceed 1 year. If the permit is revoked,


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  1  the person owning or operating the establishment shall not be

  2  entitled to make application for a permit to operate a

  3  premises for a period of 1 year from the date of such

  4  revocation. Upon the effective date of such revocation, the

  5  permittee shall advise the board of the disposition of any and

  6  all medicinal drugs and shall make the provision for ensuring

  7  the security, confidentiality, and availability to clients of

  8  all patient medical records.

  9         Section 71.  Section 474.217, Florida Statutes, is

10  amended to read:

11         474.217  Licensure by endorsement.--

12         (1)  The department shall issue a license by

13  endorsement to any applicant who, upon applying to the

14  department and remitting a fee set by the board, demonstrates

15  to the board that he:

16         (a)  Has demonstrated, in a manner designated by rule

17  of the board, knowledge of the laws and rules governing the

18  practice of veterinary medicine in this state; and

19         (b)1.  Either holds, and has held for the 3 years

20  immediately preceding the application for licensure, a valid,

21  active license to practice veterinary medicine in another

22  state of the United States, the District of Columbia, or a

23  territory of the United States, provided that the requirements

24  for licensure in the issuing state, district, or territory are

25  equivalent to or more stringent than the requirements of this

26  chapter; or

27         2.  Meets the qualifications of s. 474.207(2)(b) and

28  has successfully completed a state, regional, national, or

29  other examination which is equivalent to or more stringent

30  than the examination approved by the board and certified given

31  by the department and has passed the board's clinical


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  1  competency examination or another clinical competency

  2  examination specified by rule of the board.

  3         (2)  The department shall not issue a license by

  4  endorsement to any applicant who is under investigation in any

  5  state, territory, or the District of Columbia for an act which

  6  would constitute a violation of this chapter until the

  7  investigation is complete and disciplinary proceedings have

  8  been terminated, at which time the provisions of s. 474.214

  9  shall apply.

10         Section 72.  Subsection (1) of section 475.125, Florida

11  Statutes, is amended to read:

12         475.125  Fees.--

13         (1)  The commission by rule may establish fees to be

14  paid for application, examination, reexamination, licensing

15  and renewal, certification and recertification, reinstatement,

16  and recordmaking and recordkeeping.  The fee for initial

17  application and examination may not exceed and if an

18  examination cost is included in the application fee, the

19  combined amount may not exceed $100.  The initial license fee

20  and the license renewal fee may not exceed $50 for each year

21  of the duration of the license.  The commission may also

22  establish by rule a late renewal penalty.  The commission

23  shall establish fees which are adequate to ensure its

24  continued operation.  Fees shall be based on estimates made by

25  the department of the revenue required to implement this

26  chapter and other provisions of law relating to the regulation

27  of real estate practitioners.

28         Section 73.  Section 475.15, Florida Statutes, is

29  amended to read:

30         475.15  Registration and licensing of general partners,

31  members, officers, and directors of a firm.--Each partnership,


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  1  limited liability partnership, limited liability company, or

  2  corporation which acts as a broker shall register with the

  3  commission and shall renew the licenses or registrations of

  4  its members, officers, and directors for each license period.

  5  The registration of a partnership is canceled automatically

  6  during any period of time that the license or registration of

  7  any one or more of its partners is not in force.  However, if

  8  the partnership is a limited partnership, only the general

  9  partners must be licensed brokers or brokerage corporations

10  registered pursuant to this part.  If the license or

11  registration of any at least one active broker member is not

12  in force, the registration of a corporation, limited liability

13  company, limited liability partnership, or partnership is

14  canceled automatically during that period of time.

15         Section 74.  Paragraphs (c) and (d) are added to

16  subsection (2) of section 475.17, Florida Statutes, to read:

17         475.17  Qualifications for practice.--

18         (2)

19         (c)  A person who has been licensed as a real estate

20  salesperson in Florida during the preceding 5 years may not be

21  licensed as a real estate broker unless, in addition to the

22  other requirements of law, he or she has completed the

23  salesperson postlicensure educational requirements, if these

24  requirements have been prescribed by the commission pursuant

25  to paragraph (3)(a).

26         (d)  The provisions of subsection (2)(b) do not apply

27  to a person employed as a real estate investigator by the

28  Division of Real Estate provided the person has been employed

29  as a real estate investigator for at least 24 months.  The

30  person must be currently employed as a real estate

31  investigator to sit for the real estate broker's examination


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  1  and have held a valid and current salesperson's license for at

  2  least 12 months.

  3         Section 75.  Subsection (1) of section 475.175, Florida

  4  Statutes, is amended to read:

  5         475.175  Examinations.--

  6         (1)  A person applying to the department for licensure

  7  by examination will receive an examination admissions card

  8  issued by the commission upon the submission of shall be

  9  entitled to take the license examination to practice in this

10  state if he:

11         (a)  Submits to the department The appropriate

12  notarized application and fee, two photographs of himself

13  taken within the preceding year, and fingerprints for

14  processing through appropriate law enforcement agencies; and

15         (b)  Submits at the time of examination The certificate

16  specified in subsection (2), the examination admissions card

17  issued by the commission, and proof of identification.

18         Section 76.  Subsection (2) of section 475.183, Florida

19  Statutes, is amended to read:

20         475.183  Inactive status.--

21         (2)  Any license which has been involuntarily inactive

22  for more than 2 4 years shall automatically expire.  Once a

23  license expires, it becomes null and void without any further

24  action by the commission or department.  Ninety days Two years

25  prior to expiration of the license, the department shall give

26  notice to the licensee.  The commission shall prescribe by

27  rule a fee not to exceed $100 for the late renewal of an

28  involuntarily inactive license.  The department shall collect

29  the current renewal fee for each renewal period in which the

30  license was involuntarily inactive in addition to any

31  applicable late renewal fee.


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  1         Section 77.  Subsection (1) of section 475.25, Florida

  2  Statutes, is amended to read:

  3         475.25  Discipline.--

  4         (1)  The commission may deny an application for

  5  licensure, registration, or permit, or renewal thereof; may

  6  place a licensee, registrant, or permittee on probation; may

  7  suspend a license, registration, or permit for a period not

  8  exceeding 10 years; may revoke a license, registration, or

  9  permit; may impose an administrative fine not to exceed $5,000

10  $1,000 for each count or separate offense; and may issue a

11  reprimand, and any or all of the foregoing, if it finds that

12  the licensee, registrant, permittee, or applicant:

13         (a)  Has violated any provision of s. 455.227(1) or of

14  s. 475.42. However, licensees under this part are exempt from

15  the provisions of s. 455.227(1)(i).

16         (b)  Has been guilty of fraud, misrepresentation,

17  concealment, false promises, false pretenses, dishonest

18  dealing by trick, scheme, or device, culpable negligence, or

19  breach of trust in any business transaction in this state or

20  any other state, nation, or territory; has violated a duty

21  imposed upon him by law or by the terms of a listing contract,

22  written, oral, express, or implied, in a real estate

23  transaction; has aided, assisted, or conspired with any other

24  person engaged in any such misconduct and in furtherance

25  thereof; or has formed an intent, design, or scheme to engage

26  in any such misconduct and committed an overt act in

27  furtherance of such intent, design, or scheme.  It is

28  immaterial to the guilt of the licensee that the victim or

29  intended victim of the misconduct has sustained no damage or

30  loss; that the damage or loss has been settled and paid after

31  discovery of the misconduct; or that such victim or intended


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  1  victim was a customer or a person in confidential relation

  2  with the licensee or was an identified member of the general

  3  public.

  4         (c)  Has advertised property or services in a manner

  5  which is fraudulent, false, deceptive, or misleading in form

  6  or content.

  7         (d)1.  Has failed to account or deliver to any person,

  8  including a licensee under this chapter, at the time which has

  9  been agreed upon or is required by law or, in the absence of a

10  fixed time, upon demand of the person entitled to such

11  accounting and delivery, any personal property such as money,

12  fund, deposit, check, draft, abstract of title, mortgage,

13  conveyance, lease, or other document or thing of value,

14  including a share of a real estate commission if a civil

15  judgment relating to the practice of the licensee's profession

16  has been obtained against the licensee and said judgment has

17  not been satisfied in accordance with the terms of the

18  judgment within a reasonable time, or any secret or illegal

19  profit, or any divisible share or portion thereof, which has

20  come into his hands and which is not his property or which he

21  is not in law or equity entitled to retain under the

22  circumstances. However, if the licensee, in good faith,

23  entertains doubt as to what person is entitled to the

24  accounting and delivery of the escrowed property, or if

25  conflicting demands have been made upon him for the escrowed

26  property, which property he still maintains in his escrow or

27  trust account, the licensee shall promptly notify the

28  commission of such doubts or conflicting demands and shall

29  promptly:

30

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  1         a.  Request that the commission issue an escrow

  2  disbursement order determining who is entitled to the escrowed

  3  property;

  4         b.  With the consent of all parties, submit the matter

  5  to arbitration;

  6         c.  By interpleader or otherwise, seek adjudication of

  7  the matter by a court; or

  8         d.  With the written consent of all parties, submit the

  9  matter to mediation.  The department may conduct mediation or

10  may contract with public or private entities for mediation

11  services. However, the mediation process must be successfully

12  completed within 90 days following the last demand or the

13  licensee shall promptly employ one of the other escape

14  procedures contained in this section.  Payment for mediation

15  will be as agreed to in writing by the parties.  The

16  department may adopt rules to implement this section.

17

18  If the licensee promptly employs one of the escape procedures

19  contained herein, and if he abides by the order or judgment

20  resulting therefrom, no administrative complaint may be filed

21  against the licensee for failure to account for, deliver, or

22  maintain the escrowed property.

23         2.  Has failed to deposit money in an escrow account

24  when the licensee is the purchaser of real estate under a

25  contract where the contract requires the purchaser to place

26  deposit money in an escrow account to be applied to the

27  purchase price if the sale is consummated.

28         (e)  Has violated any of the provisions of this chapter

29  or any lawful order or rule made or issued under the

30  provisions of this chapter or chapter 455.

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  1         (f)  Has been convicted or found guilty of, or entered

  2  a plea of nolo contendere to, regardless of adjudication, a

  3  crime in any jurisdiction which directly relates to the

  4  activities of a licensed broker or salesperson, or involves

  5  moral turpitude or fraudulent or dishonest dealing. The record

  6  of a conviction certified or authenticated in such form as to

  7  be admissible in evidence under the laws of the state shall be

  8  admissible as prima facie evidence of such guilt.

  9         (g)  Has had a broker's or salesperson's license

10  revoked, suspended, or otherwise acted against, or has had an

11  application for such licensure denied, by the real estate

12  licensing agency of another state, territory, or country.

13         (h)  Has shared a commission with, or paid a fee or

14  other compensation to, a person not properly licensed as a

15  broker, broker-salesperson, or salesperson under the laws of

16  this state, for the referral of real estate business, clients,

17  prospects, or customers, or for any one or more of the

18  services set forth in s. 475.01(1)(c).  For the purposes of

19  this section, it is immaterial that the person to whom such

20  payment or compensation is given made the referral or

21  performed the service from within this state or elsewhere;

22  however, a licensed broker of this state may pay a referral

23  fee or share a real estate brokerage commission with a broker

24  licensed or registered under the laws of a foreign state so

25  long as the foreign broker does not violate any law of this

26  state.

27         (i)  Has become temporarily incapacitated from acting

28  as a broker or salesperson with safety to investors or those

29  in a fiduciary relation with him because of drunkenness, use

30  of drugs, or temporary mental derangement; but suspension of a

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  1  license in such a case shall be only for the period of such

  2  incapacity.

  3         (j)  Has rendered an opinion that the title to any

  4  property sold is good or merchantable, except when correctly

  5  based upon a current opinion of a licensed attorney at law, or

  6  has failed to advise a prospective purchaser to consult his

  7  attorney on the merchantability of the title or to obtain

  8  title insurance.

  9         (k)  Has failed, if a broker, to immediately place,

10  upon receipt, any money, fund, deposit, check, or draft

11  entrusted to him by any person dealing with him as a broker in

12  escrow with a title company, banking institution, credit

13  union, or savings and loan association located and doing

14  business in this state, or to deposit such funds in a trust or

15  escrow account maintained by him with some bank, credit union,

16  or savings and loan association located and doing business in

17  this state, wherein the funds shall be kept until disbursement

18  thereof is properly authorized; or has failed, if a

19  salesperson, to immediately place with his registered employer

20  any money, fund, deposit, check, or draft entrusted to him by

21  any person dealing with him as agent of his registered

22  employer.  The commission shall establish rules to provide for

23  records to be maintained by the broker and the manner in which

24  such deposits shall be made.

25         (l)  Has made or filed a report or record which the

26  licensee knows to be false, has willfully failed to file a

27  report or record required by state or federal law, has

28  willfully impeded or obstructed such filing, or has induced

29  another person to impede or obstruct such filing; but such

30  reports or records shall include only those which are signed

31  in the capacity of a licensed broker or salesperson.


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  1         (m)  Has obtained a license by means of fraud,

  2  misrepresentation, or concealment.

  3         (n)  Is confined in any county jail, postadjudication;

  4  is confined in any state or federal prison or mental

  5  institution; is under home confinement ordered in lieu of

  6  institutional confinement; or, through mental disease or

  7  deterioration, can no longer safely be entrusted to

  8  competently deal with the public.

  9         (o)  Has been found guilty, for a second time, of any

10  misconduct that warrants his suspension or has been found

11  guilty of a course of conduct or practices which show that he

12  is so incompetent, negligent, dishonest, or untruthful that

13  the money, property, transactions, and rights of investors, or

14  those with whom he may sustain a confidential relation, may

15  not safely be entrusted to him.

16         (p)  Has failed to inform the commission in writing

17  within 30 days after pleading guilty or nolo contendere to, or

18  being convicted or found guilty of, any felony.

19         (q)1.  Has failed in a single agency to give written

20  notice to all parties to a sale, exchange, purchase, or lease

21  of real property or any interest in real property, revealing

22  the party or parties for whom the licensee is an agent.

23  Disclosure to the party for whom the licensee is an agent must

24  be made at or before the time an agreement for representation

25  is entered into. Disclosure to the party for whom the licensee

26  is not an agent must be made at the time of the first

27  substantive contact.

28         2.  Has failed in a dual agency to obtain the informed

29  written consent of all parties to a sale, exchange, purchase,

30  or lease of real property or any interest in real property

31  that the licensee intends to operate as a disclosed dual


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                                          HB 2011, First Engrossed



  1  agent. Unless all parties to the transaction grant their

  2  written informed consent prior to or at the time of

  3  formalization of the dual agency by the licensee, the licensee

  4  shall be deemed to be an undisclosed dual agent. The licensee

  5  must inform all parties that the licensee is acting as agent

  6  for all parties and of the effect of dual agency, including,

  7  but not limited to, the fact that, by consenting to the dual

  8  agency relationship, the parties are giving up their rights to

  9  the undivided loyalty of the licensee, as required by the

10  rules of the commission. When single agency exists, the

11  licensee may change to a disclosed dual agent by making full

12  written disclosure to and obtaining the informed written

13  consent of all the parties. A disclosed dual agent may not

14  disclose among other items:

15         a.  To the buyer that the seller will accept a price

16  less than the asking or listed price, unless otherwise

17  instructed in writing by the seller;

18         b.  To the seller that the buyer will pay a price

19  greater than the price submitted in a written offer to the

20  seller, unless otherwise instructed in writing by the buyer;

21         c.  The motivation of any party for selling, buying, or

22  leasing a property, unless otherwise instructed in writing by

23  the respective party; or

24         d.  That a seller or buyer will agree to financing

25  terms other than those offered.

26         3.  Has failed in a transaction brokerage capacity to

27  give written notice to all parties to a sale, exchange,

28  purchase, or lease of real property or an interest in real

29  property prior to or at the time of the licensee becoming a

30  transaction broker or first substantive contact, whichever

31  occurs first, of the licensee's role as a transaction broker.


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  1  Unless the buyer and seller are given written notice prior to

  2  the licensee's acting in a transaction brokerage capacity, the

  3  licensee is deemed to be an agent of either the buyer or

  4  seller, or both. The licensee shall treat the buyer and seller

  5  honestly and fairly and shall disclose all known facts

  6  materially affecting the value of the property in residential

  7  transactions to both the buyer and seller.

  8

  9  For the purposes of this paragraph, the payment or promise of

10  payment of compensation to a licensee does not determine

11  whether an agency or transactional brokerage relationship has

12  been created between any licensee and a seller, landlord,

13  buyer, or tenant.  The commission shall implement this

14  paragraph by rule. For purposes of this paragraph, the

15  commission shall also define by rule forms for agency

16  disclosure. The forms provided for in this rule shall be

17  written in plain language and shall provide to the buyer or

18  seller or both, as appropriate, an explanation of the agency

19  relationships and shall offer the buyer or seller or both the

20  explicit right to choose or refuse among these agency

21  relationships.

22         (r)  Has failed in any written listing agreement to

23  include a definite expiration date, description of the

24  property, price and terms, fee or commission, and a proper

25  signature of the principal(s); and has failed to give the

26  principal(s) a legible, signed, true and correct copy of the

27  listing agreement within 24 hours of obtaining the written

28  listing agreement.  The written listing agreement shall

29  contain no provision requiring the person signing the listing

30  to notify the broker of the intention to cancel the listing

31  after such definite expiration date.


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  1         (s)  Has had a registration suspended, revoked, or

  2  otherwise acted against in any jurisdiction. The record of the

  3  disciplinary action certified or authenticated in such form as

  4  to be admissible in evidence under the laws of the state shall

  5  be admissible as prima facie evidence of such disciplinary

  6  action.

  7         (t)  Has violated any standard for the development or

  8  communication of a real estate appraisal or other provision of

  9  the Uniform Standards of Professional Appraisal Practice, as

10  defined in s. 475.611, as approved and adopted by the

11  Appraisal Standards Board of the Appraisal Foundation, as

12  defined in s. 475.611. This paragraph does not apply to a real

13  estate broker or salesperson who, in the ordinary course of

14  business, performs a comparative market analysis.

15         Section 78.  For the purpose of incorporating the

16  amendment to section 475.25, Florida Statutes, in references

17  thereto, the sections or subdivisions of Florida Statutes set

18  forth below are reenacted to read:

19         475.180  Nonresident licenses.--

20         (2)

21         (b)  Any resident licensee who becomes a nonresident

22  shall, within 60 days, notify the commission of the change in

23  residency and comply with nonresident requirements. Failure to

24  notify and comply is a violation of the license law, subject

25  to the penalties in s. 475.25.

26         475.181  Licensure.--

27         (2)  The commission shall certify for licensure any

28  applicant who satisfies the requirements of ss. 475.17,

29  475.175, and 475.180. The commission may refuse to certify any

30  applicant who has violated any of the provisions of s. 475.42

31  or who is subject to discipline under s. 475.25. The


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  1  application shall expire 1 year from the date received if the

  2  applicant fails to take the appropriate examination.

  3         475.22  Broker to maintain office and sign at entrance

  4  of office; registered office outside state; broker required to

  5  cooperate in investigation.--

  6         (2)  If a broker's registered office is located outside

  7  the State of Florida, prior to registering such office or

  8  branch office, the broker shall agree in writing to cooperate

  9  and shall cooperate with any investigation initiated in

10  accordance with this chapter or commission rules including,

11  but not limited to, the broker promptly supplying any

12  documents requested by any authorized representative of the

13  department and by personally appearing at any designated

14  office of the department or other location in the state or

15  elsewhere as reasonably requested by the department.  If the

16  department sends, by certified mail to the broker at his last

17  known business address as registered with the department, a

18  notice or request to produce any documents or to appear for an

19  interview with an authorized representative of the department

20  and the broker fails to substantially comply with that request

21  or notice, then such failure by the broker is a violation of

22  the license law, subject to the penalties of s. 475.25.

23         475.422  Disclosure.--

24         (2)  Failure to comply with this section may subject

25  the licensee to disciplinary action pursuant to s. 475.25.

26         475.482  Real Estate Recovery Fund.--There is created

27  the Florida Real Estate Recovery Fund as a separate account in

28  the Professional Regulation Trust Fund.

29         (1)  The Florida Real Estate Recovery Fund shall be

30  disbursed as provided in s. 475.484, on order of the

31  commission, as reimbursement to any person, partnership, or


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  1  corporation adjudged by a court of competent civil

  2  jurisdiction in this state to have suffered monetary damages

  3  by reason of any act committed, as a part of any real estate

  4  brokerage transaction involving real property in this state,

  5  by any broker or salesperson who:

  6         (a)  Was, at the time the alleged act was committed,

  7  the holder of a current, valid, active real estate license

  8  issued under this part;

  9         (b)  Was neither the seller, buyer, landlord, or tenant

10  in the transaction nor an officer or a director of a

11  corporation or a member of a partnership which was the seller,

12  buyer, landlord, or tenant in the transaction; and

13         (c)  Was acting solely in the capacity of a real estate

14  licensee in the transaction;

15

16  provided the act was a violation proscribed in s. 475.25 or s.

17  475.42.

18         Section 79.  Subsection (2) of section 475.278, Florida

19  Statutes, as created in Section 3 of CS/1stENG/SB 82, during

20  the 1997 Regulation Session, is amended to read:

21         475.278  Authorized brokerage relationships; required

22  disclosures.--

23         (2)  TRANSACTION BROKER RELATIONSHIP.--

24         (a)  Transaction broker - duties of limited

25  representation.--A transaction broker provides a limited form

26  of representation to a buyer, a seller, or both in a real

27  estate transaction but does not represent either in a

28  fiduciary capacity or as a single agent. The duties of the

29  real estate licensee in this limited form of representation

30  include the following:

31         1.  Dealing honestly and fairly;


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  1         2.  Accounting for all funds;

  2         3.  Using skill, care, and diligence in the

  3  transaction;

  4         4.  Disclosing all known facts that materially affect

  5  the value of residential real property and are not readily

  6  observable to the buyer;

  7         5.  Presenting all offers and counteroffers in a timely

  8  manner, unless a party has previously directed the licensee

  9  otherwise in writing;

10         6.  Limited confidentiality, unless waived in writing

11  by a party. This limited confidentiality will prevent

12  disclosure that the seller will accept a price less than the

13  asking or listed price, that the buyer will pay a price

14  greater than the price submitted in a written offer, of the

15  motivation of any party for selling or buying property, that a

16  seller or buyer will agree to financing terms other than those

17  offered, or of any other information requested by a party to

18  remain confidential; and

19         7.  Any additional duties that are mutually agreed to

20  with a party.

21         (b)  Disclosure requirements.--Duties of a transaction

22  broker must be fully described and disclosed in writing to a

23  buyer or seller either as a separate and distinct disclosure

24  document or included as part of another document such as a

25  listing agreement or agreement for representation. The

26  disclosure must be made before, or at the time of, entering

27  into a listing agreement or an agreement for representation.

28  When incorporated into other documents the required notice

29  must be of the same size type, or larger, as other provisions

30  of the document and must be conspicuous in its placement so as

31  to advise customers of the duties of limited representation,


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  1  except that the first sentence of the information identified

  2  in paragraph (c) must be printed in uppercase and bold type.

  3         (c)  Contents of disclosure.--The required notice given

  4  under paragraph (b) must include the following information in

  5  the following form:

  6

  7  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS

  8  TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE

  9  AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION.

10

11  As a transaction broker, ................ (insert name of Real

12  Estate Firm and its Associates), provides to you a limited

13  form of representation that includes the following duties:

14         1.  Dealing honestly and fairly;

15         2.  Accounting for all funds;

16         3.  Using skill, care, and diligence in the

17  transaction;

18         4.  Disclosing all known facts that materially affect

19  the value of residential real property and are not readily

20  observable to the buyer;

21         5.  Presenting all offers and counteroffers in a timely

22  manner, unless a party has previously directed the licensee

23  otherwise in writing;

24         6.  Limited confidentiality, unless waived in writing

25  by a party. This limited confidentiality will prevent

26  disclosure that the seller will accept a price less than the

27  asking or listed price, that the buyer will pay a price

28  greater than the price submitted in a written offer, of the

29  motivation of any party for selling or buying property, that a

30  seller or buyer will agree to financing terms other than those

31


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  1  offered, or of any other information requested by a party to

  2  remain confidential; and

  3         7.  Any additional duties that are entered into by this

  4  or by separate written agreement.

  5

  6  Limited representation means that a buyer or seller is not

  7  responsible for the acts of the licensee. Additionally,

  8  parties are giving up their rights to the undivided loyalty of

  9  the licensee. This aspect of limited representation allows a

10  licensee to facilitate a real estate transaction by assisting

11  both the buyer and the seller, but a licensee will not work to

12  represent one party to the detriment of the other party.

13

14  ........                    ........................

15  Date                        Signature 

16

17                              ........................

18                              Signature

19         Section 80.  Subsections (1), (2), (3), (6), and (7) of

20  section 475.451, Florida Statutes, are amended to read:

21         475.451  Schools teaching real estate practice.--

22         (1)  Each person, school, or institution, except

23  approved and accredited colleges, universities, community

24  colleges, and area technical centers in this state, which

25  offers or conducts any course of study in real estate

26  practice, teaches any course prescribed by the commission as a

27  condition precedent to licensure or renewal of licensure as a

28  broker or salesperson, or teaches any course designed or

29  represented to enable or assist applicants for licensure as

30  brokers or salespersons to pass examinations for such

31  licensure conducted by the department shall, before commencing


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  1  or continuing further to offer or conduct such course or

  2  courses, obtain a permit from the department and abide by the

  3  regulations imposed upon such person, school, or institution

  4  by this chapter and rules of the commission adopted pursuant

  5  to this chapter. The exemption for colleges, universities,

  6  community colleges, and area technical centers is limited to

  7  transferable college credit courses offered by such

  8  institutions.

  9         (2)  An applicant for a permit to operate a proprietary

10  real estate school, to be a chief administrator of a

11  proprietary real estate school or a state institution, or to

12  be an instructor for a proprietary real estate school or a

13  state institution must meet the qualifications for practice

14  set forth in s. 475.17(1) and the following minimal

15  requirements:

16         (a)  "School permitholder" means the is defined as that

17  individual who is responsible for directing the overall

18  operation of a proprietary real estate school.  A school

19  permitholder He must be the holder of a license as a broker,

20  either active or voluntarily inactive, or must have passed an

21  instructor's examination approved by the commission

22  administered by the department.  A school permitholder must

23  also meet the requirements of a school instructor if he is

24  actively engaged in teaching.

25         (b)  "Chief administrative person" means the is defined

26  as that individual who is responsible for the administration

27  of the overall policies and practices of the institution or

28  proprietary real estate school.  A chief administrative person

29  He must also meet the requirements of a school instructor if

30  he is actively engaged in teaching.

31


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  1         (c)  "School instructor" means an is defined as that

  2  individual who actively instructs persons in the classroom in

  3  noncredit college courses in a college, university, or

  4  community college or courses in an area technical center or

  5  proprietary real estate school.

  6         1.  Before commencing to provide such instruction, the

  7  applicant instruct noncredit college courses in a college,

  8  university, or community college, or courses in an area

  9  technical center or proprietary real estate school, he must

10  certify the applicant's his competency and obtain an

11  instructor permit by meeting one of the following

12  requirements:

13         a.  Hold a bachelor's degree in a business-related

14  subject, such as real estate, finance, accounting, business

15  administration, or its equivalent and hold a valid broker's

16  license in this state.

17         b.  Hold a bachelor's degree, have extensive real

18  estate experience, as defined by rule, and hold a valid

19  broker's license in this state.

20         c.  Pass an instructor's examination approved by the

21  commission administered by the Division of Real Estate.

22         2.  Any requirement by the commission for a teaching

23  demonstration or practical examination must apply to all

24  school instructor applicants.

25         3.  The department shall renew an instructor permit

26  upon receipt of a renewal application and fee.  The renewal

27  application shall include proof that the permitholder has,

28  since the issuance or renewal of the current permit, Every

29  second year, each instructor must recertify his competency by

30  presenting to the commission evidence of his having

31  successfully completed a minimum of 15 classroom hours of


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  1  instruction in real estate subjects or instructional

  2  techniques, as prescribed by the commission.  The commission

  3  shall adopt rules providing for the renewal of instructor

  4  permits at least every 2 years.  Any permit which is not

  5  renewed at the end of the permit period established by the

  6  department shall automatically revert to involuntarily

  7  inactive status.

  8

  9  The department may require an applicant to submit names of

10  persons having knowledge concerning the applicant and the

11  enterprise; may propound interrogatories to such persons and

12  to the applicant concerning the character of the applicant,

13  including the taking of fingerprints for processing through

14  the Federal Bureau of Investigation; and shall make such

15  investigation of the applicant him or the school or

16  institution as it may deem necessary to the granting of the

17  permit.  If an objection is filed, it shall be considered in

18  the same manner as objections or administrative complaints

19  against other applicants for licensure by the department.

20         (3)  It is unlawful for any person, school, or

21  institution to offer the courses described in subsection (1)

22  or to conduct classes in such courses, regardless of the

23  number of pupils, whether by correspondence or otherwise,

24  without first procuring a permit, or to guarantee that its

25  pupils will pass any examinations required for licensure given

26  by the department, or to represent that the issuance of a

27  permit is any recommendation or endorsement of the person,

28  school, or institution to which it is issued or of any course

29  of instruction given thereunder.

30         (6)  Any course prescribed by the commission as a

31  condition precedent to any person's becoming initially


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  1  licensed as a salesperson may be taught in any real estate

  2  school through the use of a video tape of instruction by a

  3  currently permitted licensed instructor from any such school.

  4  The commission may require that any such video tape course

  5  have a single session of live instruction by a currently

  6  permitted licensed instructor from any such school; however,

  7  this requirement shall not exceed 3 classroom hours.  All

  8  other prescribed courses, except the continuing education

  9  course required by s. 475.182, shall be taught by a currently

10  permitted licensed school instructor personally in attendance

11  at such course.  The continuing education course required by

12  s. 475.182 may be taught by an equivalent correspondence

13  course; however, any such course of correspondence shall be

14  required to have a final examination, prepared and

15  administered by the school issuing the correspondence course.

16  The continuing education requirements provided in this section

17  or provided in any other section in this chapter do not apply

18  with respect to any attorney who is otherwise qualified under

19  the provisions of this chapter.

20         (7)  Any person holding a school instructor permit on

21  October 1, 1983, is exempt from the instructor examination

22  requirements of paragraph (2)(c) as long as the person he

23  continuously holds such a permit and complies with all other

24  requirements of this chapter.

25         Section 81.  Subsection (6) is added to section

26  475.452, Florida Statutes, to read:

27         475.452  Advance fees; deposit; accounting; penalty;

28  damages.--

29         (6)  This section does not apply to a real estate

30  broker auctioning real property if in advance of the auction

31  the broker and seller have entered into a written agreement


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  1  specifically providing for anticipated expenses to be incurred

  2  and paid. However, any trust funds received by the broker in

  3  advance of the auction may not be disbursed or otherwise used

  4  as an advance commission or fee for services without first

  5  having complied with the provisions of this subsection.

  6         Section 82.  Subsection (7) of section 475.484, Florida

  7  Statutes, is amended to read:

  8         475.484  Payment from the fund.--

  9         (7)  Upon the payment of any amount from the Real

10  Estate Recovery Fund in settlement of a claim in satisfaction

11  of a judgment against a broker or salesperson as described in

12  s. 475.482(1), the license of such broker or salesperson shall

13  be automatically suspended upon the date of payment from the

14  fund. The license of such broker or salesperson may not be

15  reinstated until the licensee has repaid in full, plus

16  interest, the amount paid from the fund. No further

17  administrative action is necessary. A discharge of bankruptcy

18  does not relieve a licensee from the penalties and

19  disabilities provided in this section, except to the extent

20  that this subsection conflicts with 11 U.S.C. s. 525, in which

21  case the commission may order the license not to be suspended

22  or otherwise discriminated against.

23         Section 83.  Section 475.5016, Florida Statutes, is

24  created to read:

25         475.5016  Authority to inspect and audit.--Duly

26  authorized agents and employees of the department shall have

27  the power to inspect and audit in a lawful manner at all

28  reasonable hours any broker or brokerage office licensed

29  pursuant to this chapter, for the purpose of determining if

30  any of the provisions of this chapter, chapter 455, or any

31


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  1  rule promulgated under authority of either chapter is being

  2  violated.

  3         Section 84.  Section 475.6145, Florida Statutes, is

  4  created to read:

  5         475.6145  Seal.--The board shall adopt a seal by which

  6  it shall authenticate its proceedings, records, and acts.

  7  Copies of the proceedings, records, and acts of the board, and

  8  certificates purporting to relate the facts concerning such

  9  proceedings, records, and acts, which are signed by the board

10  chair, the custodian of such records, or any other person

11  authorized to make such certification and which are

12  authenticated by such seal, shall be prima facie evidence of

13  such proceedings, records, and acts in all courts of this

14  state.

15         Section 85.  Section 475.6147, Florida Statutes, is

16  created to read:

17         475.6147  Fees.--

18         (1)  The board by rule may establish fees to be paid

19  for application, licensing and renewal, certification and

20  recertification, reinstatement, and recordmaking and

21  recordkeeping. The fee for initial application may not exceed

22  $150, and, if an examination cost is included in the

23  application fee, the combined amount may not exceed $300. The

24  initial license fee and the license renewal fee may not exceed

25  $150 for each year of the duration of the license. The board

26  may also establish by rule a late renewal penalty. The board

27  shall establish fees which are adequate to ensure its

28  continued operation. Fees shall be based on estimates made by

29  the department of the revenue required to implement this part

30  and other provisions of law relating to the regulation of real

31  estate appraisers.


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  1         (2)  Application and license fees shall be refunded

  2  upon a determination by the board that the state is not

  3  entitled to the fees or that only a portion of the resources

  4  have been expended in the processing of the application or

  5  shall be refunded if for any other reason the application is

  6  not completely processed. The board shall implement this

  7  subsection by rule.

  8         Section 86.  Section 475.615, Florida Statutes, is

  9  amended to read:

10         475.615  Qualifications for registration, licensure, or

11  certification.--

12         (1)  Any person desiring to act as a registered,

13  licensed, or certified appraiser must make application in

14  writing to the department in such form and detail as the board

15  shall prescribe.  Each applicant must be at least 18 years of

16  age and hold a high school diploma or its equivalent.  At the

17  time of application, a person must furnish evidence of

18  successful completion of required education and evidence of

19  required experience, if any.

20         (2)  The board is authorized to waive or modify any

21  education, experience, or examination requirements established

22  in this section in order to conform with any such requirements

23  established by the Appraisal Qualifications Board of the

24  Appraisal Foundation and recognized by the Appraisal

25  Subcommittee or any successor body recognized by federal law.

26         (3)  Appropriate fees, as set forth in the rules of the

27  board pursuant to s. 475.6147, must accompany all applications

28  for registration, licensure, and certification.

29         (4)  In the event that the applicant is currently a

30  registered, licensed, or certified appraiser and is making

31  application to obtain a different status of appraisal


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  1  licensure, should such application be received by the

  2  department within 180 days prior to through 180 days after the

  3  applicant's scheduled renewal, the charge for the application

  4  shall be established by the rules of the board pursuant to s.

  5  475.6147.

  6         (5)(4)  At the time of filing a notarized application

  7  for registration, licensure, or certification, the applicant

  8  must sign a pledge to comply with the Uniform Standards of

  9  Professional Appraisal Practice upon registration, licensure,

10  or certification, and must indicate in writing that he

11  understands the types of misconduct for which disciplinary

12  proceedings may be initiated. The application shall expire 1

13  year from the date received, if the applicant for

14  registration, licensure, or certification fails to take the

15  appropriate examination.

16         (6)(5)  All applicants must be competent and qualified

17  to make real estate appraisals with safety to those with whom

18  they may undertake a relationship of trust and confidence and

19  the general public.  If any applicant has been denied

20  registration, licensure, or certification, or has been

21  disbarred, or his registration, license, or certificate to

22  practice or conduct any regulated profession, business, or

23  vocation has been revoked or suspended by this or any other

24  state, any nation, or any possession or district of the United

25  States, or any court or lawful agency thereof, because of any

26  conduct or practices which would have warranted a like result

27  under this section, or if the applicant has been guilty of

28  conduct or practices in this state or elsewhere which would

29  have been grounds for disciplining his registration, license,

30  or certification under this section had the applicant then

31  been registered, licensed, or certified, the applicant shall


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                                          HB 2011, First Engrossed



  1  be deemed not to be qualified unless, because of lapse of time

  2  and subsequent good conduct and reputation, or other reason

  3  deemed sufficient, it appears to the board that the interest

  4  of the public is not likely to be endangered by the granting

  5  of registration, licensure, or certification.

  6         (7)(6)  No applicant seeking to become registered,

  7  licensed, or certified under this section may be rejected

  8  solely by virtue of membership or lack of membership in any

  9  particular appraisal organization.

10         Section 87.  Section 475.617, Florida Statutes, is

11  amended to read:

12         475.617  Education and experience requirements.--

13         (1)  To be registered as an appraiser, an applicant

14  must present evidence satisfactory to the board that he has

15  successfully completed at least up to 75 hours of approved

16  academic courses in subjects related to real estate appraisal,

17  which shall include coverage of the Uniform Standards of

18  Professional Appraisal Practice from a nationally recognized

19  or state-recognized appraisal organization, area technical

20  center, accredited community college, college, or university,

21  state or federal agency or commission, or proprietary real

22  estate school that holds a permit pursuant to s. 475.451.  A

23  classroom hour is defined as 50 minutes out of each 60-minute

24  segment.  Past courses may be approved on an hour-for-hour

25  basis.

26         (2)  To be licensed as an appraiser, an applicant must

27  present evidence satisfactory to the board that he:

28         (a)  Has at least 2 years of experience in real

29  property appraisal as defined by rule.

30         (b)  Has successfully completed at least 75 classroom

31  hours, inclusive of examination, of approved academic courses


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  1  in subjects related to real estate appraisal, which shall

  2  include coverage of the Uniform Standards of Professional

  3  Appraisal Practice from a nationally recognized or

  4  state-recognized appraisal organization, area technical

  5  center, accredited community college, college, or university,

  6  state or federal agency or commission, or proprietary real

  7  estate school that holds a permit pursuant to s. 475.451.  A

  8  classroom hour is defined as 50 minutes out of each 60-minute

  9  segment.  Past courses may be approved by the board and

10  substituted on an hour-for-hour basis.

11         (3)  To be certified as a residential appraiser, an

12  applicant must present satisfactory evidence to the board that

13  he:

14         (a)  Has at least 2 years of experience in real

15  property appraisal as defined by rule.

16         (b)  Has successfully completed at least 120 up to 165

17  classroom hours, inclusive of examination, of approved

18  academic courses in subjects related to real estate appraisal,

19  which shall include coverage of the Uniform Standards of

20  Professional Appraisal Practice from a nationally recognized

21  or state-recognized appraisal organization, area technical

22  center, accredited community college, college, or university,

23  state or federal agency or commission, or proprietary real

24  estate school that holds a permit pursuant to s. 475.451.  A

25  classroom hour is defined as 50 minutes out of each 60-minute

26  segment.  Past courses may be approved by the board and

27  substituted on an hour-for-hour basis.

28         (4)  To be certified as a general appraiser, an

29  applicant must present evidence satisfactory to the board that

30  he:

31


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                                          HB 2011, First Engrossed



  1         (a)  Has at least 2 years of experience in real

  2  property appraisal as defined by rule.

  3         (b)  Has successfully completed at least 165 classroom

  4  hours, inclusive of examination, of approved academic courses

  5  in subjects related to real estate appraisal, which shall

  6  include coverage of the Uniform Standards of Professional

  7  Appraisal Practice from a nationally recognized or

  8  state-recognized appraisal organization, area technical

  9  center, accredited community college, college, or university,

10  state or federal agency or commission, or proprietary real

11  estate school that holds a permit pursuant to s. 475.451.  A

12  classroom hour is defined as 50 minutes out of each 60-minute

13  segment.  Past courses may be approved by the board and

14  substituted on an hour-for-hour basis.

15         (5)  Each applicant must furnish, under oath, a

16  detailed statement of the experience for each year of

17  experience he claims.  Upon request, the applicant shall

18  furnish to the board, for its examination, copies of appraisal

19  reports or file memoranda to support the claim for experience.

20         Section 88.  Subsection (1) of section 475.624, Florida

21  Statutes, is amended to read:

22         475.624  Discipline.--The board may deny an application

23  for registration, licensure, or certification; investigate the

24  actions of any appraiser registered, licensed, or certified

25  under this section; and may reprimand, fine, revoke, or

26  suspend, for a period not to exceed 10 years, the

27  registration, license, or certification of any such appraiser,

28  or place any such appraiser on probation if it finds that the

29  registrant, licensee, or certificateholder:

30

31


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  1         (1)  Has violated any provisions of this part or of s.

  2  455.227(1); however, licensees under this part are exempt from

  3  the provisions of s. 455.227(1)(i).

  4         Section 89.  Section 475.6295, Florida Statutes, is

  5  created to read:

  6         475.6295  Authority to inspect.--Duly authorized agents

  7  and employees of the department shall have the power to

  8  inspect in a lawful manner at all reasonable hours any

  9  appraiser or appraisal office licensed pursuant to this

10  chapter, for the purpose of determining if any of the

11  provisions of this chapter, chapter 455, or any rule

12  promulgated under authority of either chapter is being

13  violated.

14         Section 90.  Section 476.114, Florida Statutes, is

15  amended to read:

16         476.114  Examination; prerequisites.--

17         (1)  A person desiring to be licensed as a barber shall

18  apply to the department for licensure.

19         (2)  An applicant shall be eligible for entitled to

20  take the licensure by examination to practice barbering if the

21  applicant:

22         (a)  Is at least 16 years of age;

23         (b)  Pays the required application fee; and

24         (c)1.  Holds an active valid license to practice

25  barbering in another state, has held the license for at least

26  1 year, and does not qualify for licensure by endorsement as

27  provided for in s. 476.144(5); or

28         2.  Has received a minimum of 1,200 hours of training

29  as established by the board, which shall include, but shall

30  not be limited to, the equivalent of completion of services

31


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  1  directly related to the practice of barbering at one of the

  2  following:

  3         a.  A school of barbering licensed pursuant to chapter

  4  246;

  5         b.  A barbering program within the public school

  6  system; or

  7         c.  A government-operated barbering program in this

  8  state.

  9

10  The board shall establish by rule procedures whereby the

11  school or program may certify that a person is qualified to

12  take the required examination after the completion of a

13  minimum of 1,000 actual school hours. If the person passes the

14  examination, he shall have satisfied this requirement; but if

15  he fails the examination, he shall not be qualified to take

16  the examination again until the completion of the full

17  requirements provided by this section.

18         (3)  An applicant who meets the requirements set forth

19  in subparagraphs (2)(c)1. and 2. who fails to pass the

20  examination may take subsequent examinations as many times as

21  necessary to pass, except that the board may shall specify by

22  rule reasonable timeframes for rescheduling the examination

23  and shall adopt rules specifying additional training

24  requirements for applicants who, after the third attempt, fail

25  to pass the examination. Prior to reexamination, the applicant

26  must file any the appropriate form and pay the reexamination

27  fee as required by rule.

28         Section 91.  Section 476.124, Florida Statutes, is

29  amended to read:

30

31


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  1         476.124  Application for licensure by

  2  examination.--Each applicant for licensure by an examination

  3  shall:

  4         (1)  Make application to the department at least 30

  5  days prior to the examination date on forms prepared and

  6  furnished by the department;

  7         (2)  Furnish to the department two signed photographs

  8  of the applicant, of sufficient size to identify the

  9  applicant, one photograph to accompany the application and one

10  photograph to be provided to the Bureau of Testing returned to

11  the applicant for presentation to the examiners when the

12  applicant appears for examination; and

13         (3)  Pay any the required fee to the department.

14         Section 92.  Section 476.134, Florida Statutes, is

15  repealed.

16         Section 93.  Subsections (2) and (6) of section

17  476.144, Florida Statutes, are amended to read:

18         476.144  Licensure.--

19         (2)  The board shall certify for licensure any

20  applicant who satisfies the requirements of s. 476.114, and

21  who passes the examination approved by the board and certified

22  administered by the department, achieving a passing grade as

23  established by board rule.

24         (6)  A person may apply for a restricted license to

25  practice barbering.  The board shall adopt rules specifying

26  procedures for an applicant to obtain a restricted license if

27  the applicant:

28         (a)1.  Has successfully completed a restricted barber

29  course, as established by rule of the board, at a school of

30  barbering licensed pursuant to chapter 246, a barbering

31


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                                          HB 2011, First Engrossed



  1  program within the public school system, or a

  2  government-operated barbering program in this state; or

  3         2.a.    Holds or has within the previous 5 years held

  4  an active valid license to practice barbering in another state

  5  or country or has held a Florida barbering license which has

  6  been declared null and void for failure to renew the license

  7  and the applicant fulfilled the requirements of s.

  8  476.114(2)(c)2. for initial licensure; and

  9         b.(b)  Has not been disciplined relating to the

10  practice of barbering in the previous 5 15 years; and

11         (b)(c)  Passes a written examination on the laws and

12  rules governing the practice of barbering in Florida, as

13  established by the board, and a practical examination approved

14  by the board and certified administered by the department.

15

16  The restricted license shall limit the licensee's practice to

17  those specific areas in which the applicant has demonstrated

18  competence pursuant to rules adopted by the board.

19         Section 94.  Subsections (10) and (11) are added to

20  section 477.013, Florida Statutes, to read:

21         477.013  Definitions.--As used in this chapter:

22         (10)  "Hair wrapping" means the wrapping of

23  manufactured materials around a strand of human hair, for

24  compensation, without cutting, coloring, permanent waving,

25  relaxing, removing, weaving, chemically treating, braiding,

26  using hair extensions, or performing any other function

27  defined as cosmetology services.

28         (11)  "Photography studio salon" means an establishment

29  where the hair-arranging services and the application of

30  cosmetic products are performed solely for the purpose of

31  preparing the model or client for the photographic session


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                                          HB 2011, First Engrossed



  1  without shampooing, cutting, coloring, permanent waving,

  2  relaxing, or removing of hair or performing any other service

  3  defined as cosmetology.

  4         Section 95.  Section 477.0132, Florida Statutes, is

  5  amended to read:

  6         477.0132  Hair braiding and hair wrapping

  7  registration.--Persons whose occupation or practice is

  8  confined solely to hair braiding or hair wrapping must

  9  register with the department, pay the applicable registration

10  fee, and take a two-day 16 hour course. The course shall be

11  board approved and consist of 5 hours of HIV/AIDS and other

12  communicable diseases, 5 hours of sanitation and

13  sterilization, 4 hours of disorders and diseases of the scalp,

14  and 2 hours of studies regarding laws affecting hair braiding

15  and hair wrapping cosmetology.  Hair braiding and hair

16  wrapping are not required to be practiced in a cosmetology

17  salon or specialty salon.  When hair braiding or hair wrapping

18  is practiced outside a cosmetology salon or specialty salon,

19  disposable implements must be used or all implements must be

20  sanitized in a disinfectant approved for hospital use or

21  approved by the federal Environmental Protection Agency.

22         Section 96.  Subsection (4) is added to section

23  477.0135, Florida Statutes, to read:

24         477.0135  Exemptions.--

25         (4)  A photography studio salon is exempt from the

26  licensure provisions of this chapter. However, the

27  hair-arranging services of such salon must be performed under

28  the supervision of a licensed cosmetologist employed by the

29  salon. The salon must use disposable hair-arranging implements

30  or use a wet or dry sanitizing system approved by the federal

31  Environmental Protection Agency.


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                                          HB 2011, First Engrossed



  1         Section 97.  Section 477.019, Florida Statutes, is

  2  amended to read:

  3         477.019  Cosmetologists; qualifications; licensure;

  4  license renewal; endorsement; continuing education.--

  5         (1)  A person desiring to be licensed as a

  6  cosmetologist shall apply to the department for licensure.

  7         (2)  The board may, by rule, require a written clinical

  8  examination or a performance examination, or both, in addition

  9  to a written theory examination.

10         (3) (2)  An applicant shall be  eligible for entitled

11  to take the licensure by examination to practice cosmetology

12  if the applicant:

13         (a)  Is at least 16 years of age or has received a high

14  school diploma;

15         (b)  Pays the required application fee; and

16         (c)1.  Holds an active valid license to practice

17  cosmetology in another state or country, has held the license

18  for at least 1 year, and does not qualify for licensure by

19  endorsement as provided for in subsection (5); or

20         2.  Has received a minimum of 1,200 hours of training

21  as established by the board, which shall include, but shall

22  not be limited to, the equivalent of completion of services

23  directly related to the practice of cosmetology at one of the

24  following:

25         a.  A school of cosmetology licensed pursuant to

26  chapter 246.

27         b.  A cosmetology program within the public school

28  system.

29         c.  The Cosmetology Division of the Florida School for

30  the Deaf and the Blind, provided the division meets the

31  standards of this chapter.


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                                          HB 2011, First Engrossed



  1         d.  A government-operated cosmetology program in this

  2  state.

  3

  4  The board shall establish by rule procedures whereby the

  5  school or program may certify that a person is qualified to

  6  take the required examination after the completion of a

  7  minimum of 1,000 actual school hours.  If the person then

  8  passes the examination, he shall have satisfied this

  9  requirement; but if he fails the examination, he shall not be

10  qualified to take the examination again until the completion

11  of the full requirements provided by this section.

12         (4) (3)  Upon an applicant receiving a passing grade,

13  as established by board rule, on the examination and paying

14  the initial licensing fee, the department shall issue a

15  license to practice cosmetology.

16         (5) (4)  Renewal of license registration shall be

17  accomplished pursuant to rules adopted by the board.

18         (6) (5)  The board shall adopt rules specifying

19  procedures for the licensure by endorsement of practitioners

20  desiring to be licensed in this state who hold a current

21  active license in another state and who have met

22  qualifications substantially similar to, equivalent to, or

23  greater than the qualifications required of applicants from

24  this state.

25         (7)(a)  The board shall prescribe by rule continuing

26  education requirements intended to ensure protection of the

27  public through updated training of licensees and registered

28  specialists, not to exceed 16 hours biennially, as a condition

29  for renewal of a license or registration as a specialist under

30  this chapter.  Continuing education courses shall include, but

31  not be limited to, the following subjects as they relate to


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                                          HB 2011, First Engrossed



  1  the practice of cosmetology:  human immunodeficiency virus and

  2  acquired immune deficiency syndrome; Occupational Safety and

  3  Health Administration regulations; workers' compensation

  4  issues; state and federal laws and rules as they pertain to

  5  cosmetologists, cosmetology, salons, specialists, specialty

  6  salons, and booth renters; chemical makeup as it pertains to

  7  hair, skin, and nails; and environmental issues. Courses given

  8  at cosmetology conferences may be counted toward the number of

  9  continuing education hours required if approved by the board.

10         (b)  The department may privatize provider and course

11  approval and the monitoring of continuing education

12  requirements under a contract which ensures that the services

13  will be without cost to the department or board, including the

14  cost of appropriate oversight by the department.  The

15  department may contract with one or more private entities for

16  the provision of such services, including the collection of

17  fees for the services rendered.  The department and board

18  shall retain final authority for licensure decisions,

19  rulemaking related to continuing education system

20  requirements, noncompliance noticing, and overall

21  implementation of any privatization project under this

22  subsection.

23         (c)  Any person whose occupation or practice is

24  confined solely to hair braiding or hair wrapping is exempt

25  from the continuing education requirements of this subsection.

26         (d)  Notwithstanding any provision of law to the

27  contrary, enforcement of mandatory continuing education

28  requirements pursuant to this chapter shall be accomplished

29  only as a secondary action when a person is investigated for

30  another violation.  However, the board may, by rule, require

31  any licensee in violation of a continuing education


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                                          HB 2011, First Engrossed



  1  requirement to take a refresher course or refresher course and

  2  examination in addition to any other penalty.  The number of

  3  hours for the refresher course may not exceed 48 hours.

  4         Section 98.  Section 477.022, Florida Statutes, is

  5  repealed.

  6         Section 99.  Paragraph (f) of subsection (1) of section

  7  477.026, Florida Statutes, is amended to read:

  8         477.026  Fees; disposition.--

  9         (1)  The board shall set fees according to the

10  following schedule:

11         (f)  For hair braiders and hair wrappers, fees for

12  registration shall not exceed $25.

13         Section 100.  Subsection (3) of section 477.0263,

14  Florida Statutes, is amended to read:

15         477.0263  Cosmetology services to be performed in

16  licensed salon; exception.--

17         (3)  Any person who holds a valid cosmetology license

18  in any state or who is authorized to practice cosmetology in

19  any country, territory, or jurisdiction of the United States

20  may perform cosmetology services in a location other than a

21  licensed salon when such services are performed in connection

22  with the motion picture, fashion photography, theatrical, or

23  television industry; a photography studio salon; a

24  manufacturer trade show demonstration; or an educational

25  seminar.

26         Section 101.  Section 481.207, Florida Statutes, is

27  amended to read:

28         481.207  Fees.--The board, by rule, may establish

29  separate fees for architects and interior designers, to be

30  paid for applications, examination, reexamination, licensing

31  and renewal, delinquency, reinstatement, and recordmaking and


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                                          HB 2011, First Engrossed



  1  recordkeeping. The examination fee shall be in an amount that

  2  covers the cost of obtaining and administering the examination

  3  and shall be refunded if the applicant is found ineligible to

  4  sit for the examination. The application fee is nonrefundable.

  5  The fee for initial application and examination for architects

  6  and interior designers may not exceed $225, and if an

  7  examination cost is included in the application fee, the

  8  combined amount may not exceed $775 plus the actual per

  9  applicant cost to the department for purchase of the

10  examination from the National Council of Architectural

11  Registration Boards or the National Council of Interior Design

12  Qualifications, respectively, or similar national

13  organizations, if the examination is purchased by the

14  department. The biennial renewal fee for architects may not

15  exceed $200. The biennial renewal fee for interior designers

16  may not exceed $500. The delinquency fee may not exceed the

17  biennial renewal fee established by the board for an active

18  license. The board shall establish fees that are adequate to

19  ensure the continued operation of the board and to fund the

20  proportionate expenses incurred by the department which are

21  allocated to the regulation of architects and interior

22  designers. Fees shall be based on department estimates of the

23  revenue required to implement this part and the provisions of

24  law with respect to the regulation of architects and interior

25  designers.

26         Section 102.  Section 481.209, Florida Statutes, 1996

27  Supplement, is amended to read:

28         481.209  Eligibility for licensure; examinations.--

29         (1)  A person desiring to be licensed as a registered

30  architect shall be certified by the board as eligible for

31  licensure and shall pass apply to the department to take the


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                                          HB 2011, First Engrossed



  1  required licensure examination which has been approved by the

  2  board and certified by the department. The board shall certify

  3  as eligible for licensure by examination each applicant who

  4  submits a complete application for licensure as a registered

  5  architect demonstrating that the applicant The department

  6  shall administer the licensure examination for architects to

  7  each applicant who the board certifies:

  8         (a)  Has completed the application form and remitted a

  9  nonrefundable application fee and an examination fee which is

10  refundable if the applicant is found to be ineligible to take

11  the examination;

12         (b)1.  Has successfully completed all architectural

13  curriculum courses required by and is a graduate of a school

14  or college of architecture accredited by the National

15  Architectural Accreditation Board; or

16         2.  Is a graduate of an approved architectural

17  curriculum, evidenced by a degree from an unaccredited school

18  or college of architecture approved by the board. The board

19  shall adopt rules providing for the review and approval of

20  unaccredited schools and colleges of architecture and courses

21  of architectural study based on a review and inspection by the

22  board of the curriculum of accredited schools and colleges of

23  architecture in the United States, including those schools and

24  colleges accredited by the National Architectural

25  Accreditation Board; and

26         (c)  Has completed, prior to examination, 1 year of the

27  internship experience required by s. 481.211(1).

28         (2)  A person desiring to be licensed as a registered

29  interior designer shall be certified by the board as eligible

30  for licensure and shall pass the required licensure

31  examination which has been approved by the board and certified


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                                          HB 2011, First Engrossed



  1  by the department. The board shall certify as eligible for

  2  licensure by examination each applicant who has remitted the

  3  application fee specified in s. 481.207 and has submitted a

  4  complete application for licensure as a registered interior

  5  designer demonstrating that the applicant apply to the

  6  department for licensure. The department shall administer the

  7  licensure examination for interior designers to each applicant

  8  who has completed the application form and remitted the

  9  application and examination fees specified in s. 481.207 and

10  who the board certifies:

11         (a)  Is a graduate from an interior design program of 5

12  years or more and has completed 1 year of diversified interior

13  design experience;

14         (b)  Is a graduate from an interior design program of 4

15  years or more and has completed 2 years of diversified

16  interior design experience;

17         (c)  Has completed at least 3 years in an interior

18  design curriculum and has completed 3 years of diversified

19  interior design experience;

20         (d)  Is a graduate from an interior design program of

21  at least 2 years and has completed 4 years of diversified

22  interior design experience; or

23         (e)  Has completed 6 years of diversified interior

24  design experience, provided that at least 4 years were

25  accumulated prior to October 1, 1994. A person applying under

26  this paragraph must make application prior to April 30, 1998,

27  and may, in lieu of passage of the examination required by

28  this subsection, substitute passage of any of the following

29  examinations:  a National Council of Interior Design

30  Qualifications examination, an American Institute of Design

31  examination, the building and barrier-free codes section of


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                                          HB 2011, First Engrossed



  1  the national examination as prepared by the National Council

  2  of Interior Design Qualifications, or any other examination

  3  approved by the board.

  4

  5  Subsequent to October 1, 2000, for the purpose of having the

  6  educational qualification required under this subsection

  7  accepted by the board, the applicant must complete his or her

  8  education at a program, school, or college of interior design

  9  whose curriculum has been approved by the board as of the time

10  of completion. Subsequent to October 1, 2003, all of the

11  required amount of educational credits shall have been

12  obtained in a program, school, or college of interior design

13  whose curriculum has been approved by the board, as of the

14  time each educational credit is gained. The board shall adopt

15  rules providing for the review and approval of programs,

16  schools, and colleges of interior design and courses of

17  interior design study based on a review and inspection by the

18  board of the curriculum of programs, schools, and colleges of

19  interior design in the United States, including those

20  programs, schools, and colleges accredited by the Foundation

21  for Interior Design Education Research. The board shall adopt

22  rules providing for the review and approval of diversified

23  interior design experience required by this subsection.

24         Section 103.  Subsection (1) of section 481.213,

25  Florida Statutes, is amended to read:

26         481.213  Licensure.--

27         (1)  The department shall license any applicant who the

28  board certifies is qualified for licensure, who has passed the

29  prescribed licensure examination, and who has paid the initial

30  licensure fee. Licensure as an architect under this section

31


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                                          HB 2011, First Engrossed



  1  shall be deemed to include all the rights and privileges of

  2  licensure as an interior designer under this section.

  3         Section 104.  Section 481.2051, Florida Statutes, is

  4  created to read:

  5         481.2051  Architects performing building code inspector

  6  duties.--A person currently licensed to practice as an

  7  architect under this part may provide building inspection

  8  services described in s. 468.603(6) and (7) to a local

  9  government or state agency upon its request, without being

10  certified by the Board of Building Code Administrators and

11  Inspectors under part XIII of chapter 468. When performing

12  these building inspection services, the architect is subject

13  to the disciplinary guidelines of this chapter and s.

14  468.621(1)(c)-(g). The complaint processing, investigation,

15  and discipline shall be conducted by the board rather than the

16  Board of Building Code Administrators and Inspectors. An

17  architect may not perform plans review, as set forth in s.

18  468.603(2), as an employee of a local government on any job

19  that the architect or the architect's company designed.

20         Section 105.  Subsection (15) of section 489.103,

21  Florida Statutes, 1996 Supplement, is amended, and subsection

22  (17) is added to said section, to read:

23         489.103  Exemptions.--This part does not apply to:

24         (15)  The installation and maintenance of water

25  conditioning units for domestic, commercial, or industrial

26  purposes by operators of water conditioning services.  No

27  municipality or county may adopt an ordinance, rule, or

28  regulation which requires such an operator to become licensed,

29  certified, or registered as a plumber to perform any activity

30  associated with installation or maintenance of a water

31  conditioning unit or which otherwise prevents the installation


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                                          HB 2011, First Engrossed



  1  and maintenance of such water conditioning units by an

  2  operator.

  3         (17)  The sale, delivery, assembly, or tie-down of

  4  prefabricated portable sheds which are not more than 250

  5  square feet in interior size and are not intended for use as a

  6  residence or as living quarters.  This exemption shall not be

  7  construed to interfere with local building codes, local

  8  licensure requirements, or other local ordinance provisions.

  9         Section 106.  Paragraphs (a), (d), (f), (g), (i), and

10  (l) of subsection (3) of section 489.105, Florida Statutes,

11  1996 Supplement, are amended, and subsection (19) is added to

12  said section, to read:

13         489.105  Definitions.--As used in this part:

14         (3)  "Contractor" means the person who is qualified

15  for, and shall only be responsible for, the project contracted

16  for and means, except as exempted in this part, the person

17  who, for compensation, undertakes to, submits a bid to, or

18  does himself or by others construct, repair, alter, remodel,

19  add to, demolish, subtract from, or improve any building or

20  structure, including related improvements to real estate, for

21  others or for resale to others; and whose job scope is

22  substantially similar to the job scope described in one of the

23  subsequent paragraphs of this subsection. For the purposes of

24  regulation under this part, "demolish" applies only to

25  demolition of steel tanks over 50 feet in height; towers over

26  50 feet in height; other structures over 50 feet in height,

27  other than buildings or residences over three stories tall;

28  and buildings or residences over three stories tall.

29  Contractors are subdivided into two divisions, Division I,

30  consisting of those contractors defined in paragraphs (a)-(c),

31


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                                          HB 2011, First Engrossed



  1  and Division II, consisting of those contractors defined in

  2  paragraphs (d)-(q):

  3         (a)  "General contractor" means a contractor whose

  4  services are unlimited as to the type of work which he may do,

  5  who may contract for any activity requiring licensure under

  6  this part, and who may perform any work requiring licensure

  7  under this part, except as otherwise expressly provided in s.

  8  489.113 this part.

  9         (d)  "Sheet metal contractor" means a contractor whose

10  services are unlimited in the sheet metal trade and who has

11  the experience, knowledge, and skill necessary for the

12  manufacture, fabrication, assembling, handling, erection,

13  installation, dismantling, conditioning, adjustment,

14  insulation, alteration, repair, servicing, or design, when not

15  prohibited by law, of ferrous or nonferrous metal work of U.S.

16  No. 10 gauge or its equivalent or lighter gauge and of other

17  materials, including, but not limited to, fiberglass, used in

18  lieu thereof and of air-handling systems, including the

19  setting of air-handling equipment and reinforcement of same,

20  and including the balancing of air-handling systems, and any

21  duct cleaning and equipment sanitizing which requires at least

22  partial disassembling of the system.

23         (f)  "Class A air-conditioning contractor" means a

24  contractor whose services are unlimited in the execution of

25  contracts requiring the experience, knowledge, and skill to

26  install, maintain, repair, fabricate, alter, extend, or

27  design, when not prohibited by law, central air-conditioning,

28  refrigeration, heating, and ventilating systems, including

29  duct work in connection with a complete system only to the

30  extent such duct work is performed by the contractor as is

31  necessary to make complete an air-distribution system, boiler


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  1  and unfired pressure vessel systems, and all appurtenances,

  2  apparatus, or equipment used in connection therewith, and any

  3  duct cleaning and equipment sanitizing which requires at least

  4  partial disassembling of the system; to install, maintain,

  5  repair, fabricate, alter, extend, or design, when not

  6  prohibited by law, piping, insulation of pipes, vessels and

  7  ducts, pressure and process piping, and pneumatic control

  8  piping; to replace, disconnect, or reconnect power wiring on

  9  the load side of the dedicated existing electrical disconnect

10  switch; to install, disconnect, and reconnect low voltage

11  heating, ventilating, and air-conditioning control wiring; and

12  to install a condensate drain from an air-conditioning unit to

13  an existing safe waste or other approved disposal other than a

14  direct connection to a sanitary system.  The scope of work for

15  such contractor shall also include any excavation work

16  incidental thereto, but shall not include any work such as

17  liquefied petroleum or natural gas fuel lines within

18  buildings, potable water lines or connections thereto,

19  sanitary sewer lines, swimming pool piping and filters, or

20  electrical power wiring.

21         (g)  "Class B air-conditioning contractor" means a

22  contractor whose services are limited to 25 tons of cooling

23  and 500,000 Btu of heating in any one system in the execution

24  of contracts requiring the experience, knowledge, and skill to

25  install, maintain, repair, fabricate, alter, extend, or

26  design, when not prohibited by law, central air-conditioning,

27  refrigeration, heating, and ventilating systems, including

28  duct work in connection with a complete system only to the

29  extent such duct work is performed by the contractor as is

30  necessary to make complete an air-distribution system being

31  installed under this classification, and any duct cleaning and


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  1  equipment sanitizing which requires at least a partial

  2  disassembling of the system; to install, maintain, repair,

  3  fabricate, alter, extend, or design, when not prohibited by

  4  law, piping and insulation of pipes, vessels, and ducts; to

  5  replace, disconnect, or reconnect power wiring on the load

  6  side of the dedicated existing electrical disconnect switch;

  7  to install, disconnect, and reconnect low voltage heating,

  8  ventilating, and air-conditioning control wiring; and to

  9  install a condensate drain from an air-conditioning unit to an

10  existing safe waste or other approved disposal other than a

11  direct connection to a sanitary system.  The scope of work for

12  such contractor shall also include any excavation work

13  incidental thereto, but shall not include any work such as

14  liquefied petroleum or natural gas fuel lines within

15  buildings, potable water lines or connections thereto,

16  sanitary sewer lines, swimming pool piping and filters, or

17  electrical power wiring.

18         (i)  "Mechanical contractor" means a contractor whose

19  services are unlimited in the execution of contracts requiring

20  the experience, knowledge, and skill to install, maintain,

21  repair, fabricate, alter, extend, or design, when not

22  prohibited by law, central air-conditioning, refrigeration,

23  heating, and ventilating systems, including duct work in

24  connection with a complete system only to the extent such duct

25  work is performed by the contractor as is necessary to make

26  complete an air-distribution system, boiler and unfired

27  pressure vessel systems, lift station equipment and piping,

28  and all appurtenances, apparatus, or equipment used in

29  connection therewith, and any duct cleaning and equipment

30  sanitizing which requires at least a partial disassembling of

31  the system; to install, maintain, repair, fabricate, alter,


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  1  extend, or design, when not prohibited by law, piping,

  2  insulation of pipes, vessels and ducts, pressure and process

  3  piping, pneumatic control piping, gasoline tanks and pump

  4  installations and piping for same, standpipes, air piping,

  5  vacuum line piping, oxygen lines, nitrous oxide piping, ink

  6  and chemical lines, fuel transmission lines, and natural gas

  7  fuel lines within buildings; to replace, disconnect, or

  8  reconnect power wiring on the load side of the dedicated

  9  existing electrical disconnect switch; to install, disconnect,

10  and reconnect low voltage heating, ventilating, and

11  air-conditioning control wiring; and to install a condensate

12  drain from an air-conditioning unit to an existing safe waste

13  or other approved disposal other than a direct connection to a

14  sanitary system.  The scope of work for such contractor shall

15  also include any excavation work incidental thereto, but shall

16  not include any work such as liquefied petroleum gas fuel

17  lines within buildings, potable water lines or connections

18  thereto, sanitary sewer lines, swimming pool piping and

19  filters, or electrical power wiring.

20         (l)  "Swimming pool/spa servicing contractor" means a

21  contractor whose scope of work involves the servicing and

22  repair of any swimming pool or hot tub or spa, whether public

23  or private.  The scope of such work may include any necessary

24  piping and repairs, replacement and repair of existing

25  equipment, or installation of new additional equipment as

26  necessary.  The scope of such work includes the reinstallation

27  of tile and coping, repair and replacement of all piping,

28  filter equipment, and chemical feeders of any type,

29  replastering, reconstruction of decks, and reinstallation or

30  addition of pool heaters. The installation, construction,

31  modification, substantial or complete disassembly, or


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  1  replacement of equipment permanently attached to and

  2  associated with the pool or spa for the purpose of water

  3  treatment or cleaning of the pool or spa requires licensure;

  4  however, the usage of such equipment for the purposes of water

  5  treatment or cleaning shall not require licensure unless the

  6  usage involves construction, modification, substantial or

  7  complete disassembly, or replacement of such equipment. Water

  8  treatment that does not require such equipment does not

  9  require a license. In addition, a license shall not be

10  required for the cleaning of the pool or spa in any way that

11  does not affect the structural integrity of the pool or spa or

12  its associated equipment.

13         (19)  "Initial issuance" means the first time a

14  certificate or registration is granted to an individual or

15  business organization, including the first time an individual

16  becomes a qualifying agent for that business organization and

17  the first time a business organization is qualified by that

18  individual.

19         Section 107.  Subsections (4) and (6) of section

20  489.107, Florida Statutes, are amended to read:

21         489.107  Construction Industry Licensing Board.--

22         (4)  The board shall be divided into two divisions,

23  Division I and Division II.

24         (a)  Division I is comprised of the general contractor,

25  building contractor, and residential contractor members of the

26  board; one of the members appointed pursuant to paragraph

27  (2)(j); and one of the members appointed pursuant to paragraph

28  (2)(k). Division I has jurisdiction over the examination and

29  regulation of general contractors, building contractors, and

30  residential contractors.

31


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  1         (b)  Division II is comprised of the roofing

  2  contractor, sheet metal contractor, air-conditioning

  3  contractor, mechanical contractor, pool contractor, plumbing

  4  contractor, and underground utility and excavation contractor

  5  members of the board; one of the members appointed pursuant to

  6  paragraph (2)(j); and one of the members appointed pursuant to

  7  paragraph (2)(k). Division II has jurisdiction over the

  8  examination and regulation of contractors defined in s.

  9  489.105(3)(d)-(p).

10         (c)  Jurisdiction for the examination and regulation of

11  specialty contractors defined in s. 489.105(3)(q) shall lie

12  with the division having jurisdiction over the scope of work

13  of the specialty contractor as defined by board rule.

14         (6)  The Construction Industry Licensing Board and the

15  Electrical Contractors' Licensing Board shall each appoint a

16  committee to meet jointly in joint session at least twice a

17  year.

18         Section 108.  Subsection (1) of section 489.109,

19  Florida Statutes, is amended to read:

20         489.109  Fees.--

21         (1)  The board, by rule, shall establish reasonable

22  fees to be paid for applications, examination, certification

23  and renewal, registration and renewal, and recordmaking and

24  recordkeeping. The fees shall be established as follows:

25         (a)  With respect to an applicant for a certificate,

26  the initial application and examination fee may not exceed

27  $150, and, if an examination cost is included in the

28  application fee, the combined amount may not exceed $350., and

29  The initial certification fee and the renewal fee may not

30  exceed $200. However, any applicant who seeks certification

31  under this part by taking a practical examination must pay as


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                                          HB 2011, First Engrossed



  1  an examination fee the actual cost incurred by the department

  2  in developing, preparing, administering, scoring, score

  3  reporting, and evaluating in conducting the examination, if

  4  the examination is conducted by the department.

  5         (b)  With respect to an applicant for registration, the

  6  initial application fee may not exceed $100, and the initial

  7  registration fee and the renewal fee may not exceed $200.

  8         (c)  The board, by rule, may establish delinquency

  9  fees, not to exceed the applicable renewal fee for renewal

10  applications made after the expiration date of the certificate

11  or registration.

12         (d)  The board, by rule, may establish a fee for

13  transfer of a certificate or registration from one business

14  organization to another, not to exceed the applicable renewal

15  fee.

16         (e)  The board, by rule, shall impose a renewal fee for

17  an inactive status certificate or registration, not to exceed

18  the renewal fee for an active status certificate or

19  registration. Neither the inactive certification fee nor the

20  inactive registration fee may exceed $50. The board, by rule,

21  may provide for a different fee for inactive status where such

22  status is sought by a building code administrator, plans

23  examiner, or inspector certified pursuant to part XIII of

24  chapter 468 who is employed by a local government and is not

25  allowed by the terms of such employment to maintain a

26  certificate on active status issued pursuant to this part.

27         (f)  The board, by rule, shall impose an additional

28  late fee on a delinquent status certificateholder or

29  registrant when such certificateholder or registrant applies

30  for active or inactive status.

31


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  1         (g)  The board, by rule, shall impose an additional

  2  fee, not to exceed the applicable renewal fee, which

  3  reasonably reflects the costs of processing a

  4  certificateholder's or registrant's request to change

  5  licensure status at any time other than at the beginning of a

  6  licensure cycle.

  7         Section 109.  Section 489.111, Florida Statutes, is

  8  amended to read:

  9         489.111  Licensure by examination Examinations.--

10         (1)  Any person who desires to be certified shall apply

11  to the department in writing to take the certification

12  examination.

13         (2)  A person shall be eligible for licensure by

14  entitled to take the examination for the purpose of

15  determining whether he is qualified to engage in contracting

16  throughout this state if the person:

17         (a)  Is 18 years of age;

18         (b)  Is of good moral character; and

19         (c)  Meets eligibility requirements according to one of

20  the following criteria:

21         1.  Has received a baccalaureate degree from an

22  accredited 4-year college in the appropriate field of

23  engineering, architecture, or building construction and has 1

24  year of proven experience in the category in which the person

25  seeks to qualify. For the purpose of this part, a minimum of

26  2,000 man-hours shall be used in determining full-time

27  equivalency.

28         2.  Has a total of at least 4 years of active

29  experience as a workman who has learned his trade by serving

30  an apprenticeship as a skilled workman who is able to command

31  the rate of a mechanic in his particular trade or as a foreman


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  1  who is in charge of a group of workmen and usually is

  2  responsible to a superintendent or a contractor or his

  3  equivalent, provided, however, that at least 1 year of active

  4  experience shall be as a foreman.

  5         3.  Has a combination of not less than 1 year of

  6  experience as a foreman and not less than 3 years of credits

  7  for any accredited college-level courses; has a combination of

  8  not less than 1 year of experience as a skilled workman, 1

  9  year of experience as a foreman, and not less than 2 years of

10  credits for any accredited college-level courses; or has a

11  combination of not less than 2 years of experience as a

12  skilled workman, 1 year of experience as a foreman, and not

13  less than 1 year of credits for any accredited college-level

14  courses. For the number of years of credits for any accredited

15  college-level courses, the applicant shall show completion of

16  an equal number of courses in the appropriate field of

17  engineering, architecture, or building construction. All

18  junior college or community college-level courses shall be

19  considered accredited college-level courses.

20         4.a.  An active certified residential contractor is

21  eligible to take the building contractors' examination if he

22  possesses a minimum of 3 years of proven experience in the

23  classification in which he is certified.

24         b.  An active certified residential contractor is

25  eligible to take the general contractors' examination if he

26  possesses a minimum of 4 years of proven experience in the

27  classification in which he is certified.

28         c.  An active certified building contractor is eligible

29  to take the general contractors' examination if he possesses a

30  minimum of 4 years of proven experience in the classification

31  in which he is certified.


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  1         5.a.  An active certified air-conditioning Class C

  2  contractor is eligible to take the air-conditioning Class B

  3  contractors' examination if he possesses a minimum of 3 years

  4  of proven experience in the classification in which he is

  5  certified.

  6         b.  An active certified air-conditioning Class C

  7  contractor is eligible to take the air-conditioning Class A

  8  contractors' examination if he possesses a minimum of 4 years

  9  of proven experience in the classification in which he is

10  certified.

11         c.  An active certified air-conditioning Class B

12  contractor is eligible to take the air-conditioning Class A

13  contractors' examination if he possesses a minimum of 1 year

14  of proven experience in the classification in which he is

15  certified.

16         6.a.  An active certified swimming pool servicing

17  contractor is eligible to take the residential swimming pool

18  contractors' examination if he possesses a minimum of 3 years

19  of proven experience in the classification in which he is

20  certified.

21         b.  An active certified swimming pool servicing

22  contractor is eligible to take the swimming pool commercial

23  contractors' examination if he possesses a minimum of 4 years

24  of proven experience in the classification in which he is

25  certified.

26         c.  An active certified residential swimming pool

27  contractor is eligible to take the commercial swimming pool

28  contractors' examination if he possesses a minimum of 1 year

29  of proven experience in the classification in which he is

30  certified.

31


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  1         (3)(a)  The board may refuse to certify an applicant

  2  for failure to satisfy the requirement of good moral character

  3  only if:

  4         1.  There is a substantial connection between the lack

  5  of good moral character of the applicant and the professional

  6  responsibilities of a certified contractor; and

  7         2.  The finding by the board of lack of good moral

  8  character is supported by clear and convincing evidence.

  9         (b)  When an applicant is found to be unqualified for a

10  certificate because of a lack of good moral character, the

11  board shall furnish the applicant a statement containing the

12  findings of the board, a complete record of the evidence upon

13  which the determination was based, and a notice of the rights

14  of the applicant to a rehearing and appeal.

15         (4)  The department shall ensure that a sensitivity

16  review committee has been established including

17  representatives of various ethnic/minority groups. No question

18  found by this committee to be discriminatory against any

19  ethnic/minority group shall be included in the examination.

20         Section 110.  Subsections (1), (2), and (10) of section

21  489.113, Florida Statutes, are amended to read:

22         489.113  Qualifications for practice; restrictions.--

23         (1)  Any person who desires to engage in contracting on

24  a statewide basis shall, as a prerequisite thereto, establish

25  his competency and qualifications to be certified pursuant to

26  this part. To establish his competency, a person shall pass

27  the appropriate examination approved by the board and

28  certified administered by the department.  Any person who

29  desires to engage in contracting on other than a statewide

30  basis shall, as a prerequisite thereto, be registered pursuant

31  to this part, unless exempted by this part.


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  1         (2)  A No person who is not certified or registered may

  2  not shall engage in the business of contracting in this state.

  3  However, for purposes of complying with the provisions of this

  4  chapter, a person who is not certified or registered may

  5  perform construction work under the supervision of a person

  6  who is certified or registered, provided that the work is

  7  within the scope of the supervisor's license and provided that

  8  the person being supervised is not engaged in construction

  9  work which would require a license as a contractor under any

10  of the categories listed in s. 489.105(3)(d)-(o). However, if

11  the person being supervised is engaged in construction work

12  that would require a license as an underground utility and

13  excavation contractor, such person may be engaged on a

14  contract basis by the licensed underground utility and

15  excavation contractor to perform such work, provided the

16  person so employed is in compliance with the provisions of

17  this subsection and provided the activities of such person are

18  limited to a narrow specialty which does not have a separate

19  corresponding state or local licensure category and the narrow

20  scope of experience of which does not qualify the person to

21  take the examination for any available state or local license

22  which would allow the person to perform that activity. This

23  subsection does not affect the application of any local

24  construction licensing ordinances. To enforce this subsection:

25         (a)  The department shall issue a cease and desist

26  order to prohibit any person from engaging in the business of

27  contracting who does not hold the required certification or

28  registration for the work being performed under this part. For

29  the purpose of enforcing a cease and desist order, the

30  department may file a proceeding in the name of the state

31


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                                          HB 2011, First Engrossed



  1  seeking issuance of an injunction or a writ of mandamus

  2  against any person who violates any provision of such order.

  3         (b)  A county, municipality, or local licensing board

  4  created by special act may issue a cease and desist order to

  5  prohibit any person from engaging in the business of

  6  contracting who does not hold the required certification or

  7  registration for the work being performed under this part.

  8         (10)  The addition of a new type of contractor or the

  9  expansion of the scope of practice of any type of contractor

10  under this part shall not limit the scope of practice of any

11  existing type of contractor under this part unless the

12  Legislature expressly provides such a limitation.

13         Section 111.  Section 489.1136, Florida Statutes, is

14  created to read:

15         489.1136  Medical gas certification.--

16         (1)(a)  In addition to the certification or

17  registration required to engage in business as a plumbing

18  contractor, any plumbing contractor who wishes to engage in

19  the business of installation, improvement, repair, or

20  maintenance of any tubing, pipe, or similar conduit used to

21  transport gaseous or partly gaseous substances for medical

22  purposes shall take, as part of the contractor's continuing

23  education requirement, at least once during the holding of

24  such license, a course of at least of 6 hours. Such course

25  shall be given by an instructional facility or teaching entity

26  that has been approved by the board. In order for a course to

27  be approved, the board must find that the course is designed

28  to teach familiarity with the National Fire Prevention

29  Association Standard 99C (Standard on Gas and Vacuum Systems,

30  latest edition) and also designed to teach familiarity and

31  practical ability in performing and inspecting brazing duties


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                                          HB 2011, First Engrossed



  1  required of medical gas installation, improvement, repair, or

  2  maintenance work. Such course shall issue a certificate of

  3  completion to the taker of the course, which certificate shall

  4  be available for inspection by any entity or person seeking to

  5  have such contractor engage in the business of installation,

  6  improvement, repair, or maintenance of a medical gas system.

  7         (b)  Any other natural person who is employed by a

  8  licensed plumbing contractor to provide work on the

  9  installation, improvement, repair, or maintenance of a medical

10  gas system, except as noted in paragraph (c), shall as a

11  prerequisite to his or her ability to provide such service

12  take a course approved by the board. Such course shall be at

13  least 8 hours and consist of both classroom and practical work

14  designed to teach familiarity with the National Fire

15  Prevention Association Standard 99C (Standard on Gas and

16  Vacuum Systems, latest edition) and also designed to teach

17  familiarity and practical ability in performing and inspecting

18  brazing duties required of medical gas installation,

19  improvement, repair, or maintenance work. Such course shall

20  also include the administration of a practical examination in

21  the skills required to perform work as outlined above,

22  including brazing, and each examination shall be reasonably

23  constructed to test for knowledge of the subject matter. The

24  person taking such course and examination must, upon

25  successful completion of both, be issued a certificate of

26  completion by the giver of such course, which certificate

27  shall be made available by the holder for inspection by any

28  person or entity seeking to have such person perform work on

29  the installation, improvement, repair, or maintenance of a

30  medical gas system.

31


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  1         (c)  Any other natural person who wishes to perform

  2  only brazing duties incidental to the installation,

  3  improvement, repair, or maintenance of a medical gas system

  4  shall pass an examination designed to show that person's

  5  familiarity with and practical ability in performing brazing

  6  duties required of medical gas installation, improvement,

  7  repair, or maintenance. Such examination shall be from a test

  8  approved by the board. Such examination must test for

  9  knowledge of National Fire Prevention Association Standard 99C

10  (Standard on Gas and Vacuum Systems, latest edition). The

11  person taking such examination must, upon passing such

12  examination, be issued a certificate of completion by the

13  giver of such examination, and such certificate shall be made

14  available by the holder for inspection by any person or entity

15  seeking to have or employ such person to perform brazing

16  duties on a medical gas system.

17         (d)  It is the responsibility of the licensed plumbing

18  contractor to ascertain whether members of his or her

19  workforce are in compliance with this subsection, and such

20  contractor is subject to discipline pursuant to s. 489.129 for

21  violation of this subsection.

22         (e)  Training programs in medical gas piping

23  installation, improvement, repair, or maintenance shall be

24  reviewed annually by the board to ensure that programs have

25  been provided equitably across the state.

26         (f)  Periodically, the board shall review training

27  programs in medical gas piping installation for quality in

28  content and instruction in accordance with the National Fire

29  Prevention Association Standard 99C (Standard on Gas and

30  Vacuum Systems, latest edition). The board shall also respond

31  to complaints regarding approved programs.


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  1         (g)  Training required under this section for current

  2  licensees must be met by October 1, 1999.

  3         (2)(a)  On any job site where a medical gas system is

  4  being installed, improved, repaired, or maintained, it is

  5  required that a person qualified under paragraph (1)(a) or

  6  paragraph (1)(b) must be present. When any brazing work is

  7  performed by a person qualified under paragraph (1)(c), a

  8  person qualified under paragraph (1)(a) or paragraph (1)(b)

  9  must be present.

10         (b)  It is the responsibility of the licensed

11  contractor to ascertain whether members of his or her

12  workforce are in compliance with paragraph (a), and such

13  contractor is subject to discipline pursuant to s. 489.129 for

14  violation of this subsection.

15         (3)  The term "medical" as used in this section means

16  any medicinal, life-supporting, or health-related purpose. Any

17  and all gaseous or partly gaseous substance used in medical

18  patient care and treatment shall be presumed for the purpose

19  of this section to be used for medical purposes.

20         Section 112.  Subsection (4) is added to section

21  553.06, Florida Statutes, to read:

22         553.06  State Plumbing Code.--

23         (4)  All installations, improvements, maintenance, or

24  repair relating to tubing, pipe, or similar conduit used to

25  transport gaseous or partly gaseous substances for medical

26  purposes shall be governed and regulated under National Fire

27  Prevention Association Standard 99C (Standard on Gas and

28  Vacuum Systems, latest edition). Notwithstanding the

29  prohibition of s. 553.11, no county or municipality is exempt

30  or excepted from the requirements of this subsection.

31


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                                          HB 2011, First Engrossed



  1         Section 113.  Paragraph (b) of subsection (4) of

  2  section 489.115, Florida Statutes, is amended, and subsection

  3  (7) is added to said section, to read:

  4         489.115  Certification and registration; endorsement;

  5  renewals; continuing education.--

  6         (4)

  7         (b)1.  Each certificateholder or registrant shall

  8  provide proof, in a form established by rule of the board,

  9  that the certificateholder or registrant has completed at

10  least 14 classroom hours of at least 50 minutes each of

11  continuing education courses during each biennium since the

12  issuance or renewal of the certificate or registration. The

13  board shall establish by rule that a portion of the required

14  14 hours must deal with the subject of workers' compensation,

15  business practices, and workplace safety. The board shall by

16  rule establish criteria for the approval of continuing

17  education courses and providers and may by rule establish

18  criteria for accepting alternative nonclassroom continuing

19  education on an hour-for-hour basis.

20         2.  In addition, the board may approve specialized

21  continuing education courses on compliance with the wind

22  resistance provisions for one and two family dwellings

23  contained in the State Minimum Building Codes and any

24  alternate methodologies for providing such wind resistance

25  which have been approved for use by the Board of Building

26  Codes and Standards.  Division I certificateholders or

27  registrants who demonstrate proficiency upon completion of

28  such specialized courses may certify plans and specifications

29  for one and two family dwellings to be in compliance with the

30  code or alternate methodologies, as appropriate, except for

31  dwellings located in floodways or coastal hazard areas as


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  1  defined in ss. 60.3D and E of the National Flood Insurance

  2  Program.

  3         (7)  If a certificateholder or registrant holds a

  4  license under both this part and part II and is required to

  5  have continuing education courses under s. 489.517(3), the

  6  certificateholder or registrant may apply those course hours

  7  for workers' compensation, workplace safety, and business

  8  practices obtained under part II to the requirements under

  9  this part.

10         Section 114.  Paragraph (a) of subsection (3) of

11  section 489.119, Florida Statutes, 1996 Supplement, is amended

12  to read:

13         489.119  Business organizations; qualifying agents.--

14         (3)(a)  The qualifying agent shall be certified or

15  registered under this part in order for the business

16  organization to be certified or registered in the category of

17  the business conducted for which the qualifying agent is

18  certified or registered.  If any qualifying agent ceases to be

19  affiliated with such business organization, he shall so inform

20  the department.  In addition, if such qualifying agent is the

21  only certified or registered contractor affiliated with the

22  business organization, the business organization shall notify

23  the department of the termination of the qualifying agent and

24  shall have 60 days from the termination of the qualifying

25  agent's affiliation with the business organization in which to

26  employ another qualifying agent.  The business organization

27  may not engage in contracting until a qualifying agent is

28  employed, unless the executive director or chair of the board

29  has granted a temporary nonrenewable certificate or

30  registration to the financially responsible officer, the

31  president, a partner, or, in the case of a limited


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                                          HB 2011, First Engrossed



  1  partnership, the general partner, who assumes all

  2  responsibilities of a primary qualifying agent for the entity.

  3  This temporary certificate or registration shall only allow

  4  the entity to proceed with incomplete contracts as defined in

  5  s. 489.121.  For the purposes of this paragraph, an incomplete

  6  contract is one which has been awarded to, or entered into by,

  7  the business organization prior to the cessation of

  8  affiliation of the qualifying agent with the business

  9  organization or one on which the business organization was the

10  low bidder and the contract is subsequently awarded,

11  regardless of whether any actual work has commenced under the

12  contract prior to the qualifying agent ceasing to be

13  affiliated with the business organization.

14         Section 115.  Subsections (1) and (2) of section

15  489.127, Florida Statutes, 1996 Supplement, are amended to

16  read:

17         489.127  Prohibitions; penalties.--

18         (1)  No person shall:

19         (a)  Falsely hold himself or a business organization

20  out as a licensee, certificateholder, or registrant;

21         (b)  Falsely impersonate a certificateholder or

22  registrant;

23         (c)  Present as his own the certificate or registration

24  of another;

25         (d)  Knowingly give false or forged evidence to the

26  board or a member thereof;

27         (e)  Use or attempt to use a certificate or

28  registration which has been suspended or revoked;

29         (f)  Engage in the business or act in the capacity of a

30  contractor or advertise himself or a business organization as

31


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  1  available to engage in the business or act in the capacity of

  2  a contractor without being duly registered or certified;

  3         (g)  Operate a business organization engaged in

  4  contracting after 60 days following the termination of its

  5  only qualifying agent without designating another primary

  6  qualifying agent, except as provided in ss. 489.119 and

  7  489.1195;

  8         (h)  Commence or perform work for which a building

  9  permit is required pursuant to an adopted state minimum

10  building code without such building permit being in effect; or

11         (i)  Willfully or deliberately disregard or violate any

12  municipal or county ordinance relating to uncertified or

13  unregistered contractors.

14

15  For purposes of this subsection, a person or business

16  organization operating on an inactive or suspended certificate

17  or registration, or operating beyond the scope of work or

18  geographical scope of the registration, is not duly certified

19  or registered and is considered to be unlicensed.

20         (2)(a)  Any unlicensed person who violates any of the

21  provisions of subsection (1) commits a misdemeanor of the

22  first degree, punishable as provided in s. 775.082 or s.

23  775.083.

24         (b)  Any unlicensed person who performs, offers to

25  perform, or contracts to perform work which requires licensure

26  under this part, the value of which exceeds $1,000, commits a

27  felony of the third degree, punishable as provided in s.

28  775.082 or s. 775.083.

29         (c)(b)  Any unlicensed person who commits a violation

30  of paragraphs (a) through (f) of subsection (1) after having

31  been previously found guilty of such a violation, regardless


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  1  of adjudication thereof, commits a felony of the third degree,

  2  punishable as provided in s. 775.082 or s. 775.083.

  3         (d)(c)  Any unlicensed person who commits a violation

  4  of paragraphs (a) through (f) of subsection (1) during the

  5  existence of a state of emergency declared by executive order

  6  of the Governor commits a felony of the third degree,

  7  punishable as provided in s. 775.082 or s. 775.083.

  8         (e)(d)  Any person who operates as a pollutant storage

  9  systems contractor, precision tank tester, or internal

10  pollutant storage tank lining applicator in violation of

11  subsection (1) commits a felony of the third degree,

12  punishable as provided in s. 775.082 or s. 775.083.

13         (f)  Any licensed contractor who willfully operates

14  outside the geographical scope of the contractor's

15  registration, or who operates outside the scope of the

16  contractor's certificate or registration, commits a

17  misdemeanor of the first degree, punishable as provided in s.

18  775.082 or s. 775.083.

19

20  The remedies set forth in this subsection are not exclusive

21  and may be imposed in addition to the remedies set forth in s.

22  489.129(2).  Moreover, prosecution under this part does not

23  preclude prosecution under other applicable criminal statutes.

24         Section 116.  Section 489.140, Florida Statutes, is

25  amended to read:

26         489.140  Construction Industries Recovery Fund.--There

27  is created the Florida Construction Industries Recovery Fund

28  as a separate account in the Professional Regulation Trust

29  Fund.

30         (1)  The Florida Construction Industries Recovery Fund

31  shall be disbursed as provided in s. 489.143, on order of the


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  1  board, as reimbursement to any natural person adjudged by a

  2  court of competent jurisdiction to have suffered monetary

  3  damages, or to whom the licensee has been ordered to pay

  4  restitution by the board, where the judgment or restitution

  5  order is based on a violation of s. 489.129(1)(d), (h), (k),

  6  or (l), committed by any contractor, financially responsible

  7  officer, or business organization licensed under the

  8  provisions of this part at the time the violation was

  9  committed, and providing that the violation occurs after July

10  1, 1993.

11         (2)  The Construction Industries Recovery Fund shall be

12  funded out of the receipts deposited in the Professional

13  Regulation Trust Fund from the one-half cent per square foot

14  surcharge on building permits collected and disbursed pursuant

15  to s. 468.631.

16         (3)  In addition, any surplus of moneys collected from

17  the fines imposed by the board and collected by the department

18  shall be transferred into the Construction Industries Recovery

19  Fund.

20         Section 117.  Section 489.141, Florida Statutes, is

21  amended to read:

22         489.141  Conditions for recovery; eligibility.--

23         (1)  Any person is eligible to seek recovery from the

24  Construction Industries Recovery Fund after having made a

25  claim and exhausting the limits of any available bond, cash

26  bond, surety, guarantee, warranty, letter of credit, or policy

27  of insurance, if:

28         (a)  Such person has received final judgment in a court

29  of competent jurisdiction in this state in any action wherein

30  the cause of action was based on a construction contract or

31  the Construction Industry Licensing Board has issued a final


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  1  order directing the licensee to pay restitution to the

  2  claimant based upon a violation of s. 489.129(1)(d), (h), (k),

  3  or (l), where the contract was executed and the violation

  4  occurred on or after July 1, 1993, and provided that:

  5         1.  At the time the action was commenced, such person

  6  gave notice thereof to the board by certified mail; except

  7  that, if no notice has been given to the board, the claim may

  8  still be honored if the board finds good cause to waive the

  9  notice requirement;

10         1.a.2.  Such person has caused to be issued a writ of

11  execution upon such judgment, and the officer executing the

12  writ has made a return showing that no personal or real

13  property of the judgment debtor or licensee liable to be

14  levied upon in satisfaction of the judgment can be found or

15  that the amount realized on the sale of the judgment debtor's

16  or licensee's property pursuant to such execution was

17  insufficient to satisfy the judgment; or

18         b.3.  If such person is unable to comply with

19  sub-subparagraph a. subparagraph 2. for a valid reason to be

20  determined by the board, such person has made all reasonable

21  searches and inquiries to ascertain whether the judgment

22  debtor or licensee is possessed of real or personal property

23  or other assets subject to being sold or applied in

24  satisfaction of the judgment and by his search he has

25  discovered no property or assets or he has discovered property

26  and assets and has taken all necessary action and proceedings

27  for the application thereof to the judgment but the amount

28  thereby realized was insufficient to satisfy the judgment; or

29         2.(b)  The claimant has made a diligent attempt, as

30  defined by board rule, to collect the restitution awarded by

31  the board; and


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                                          HB 2011, First Engrossed



  1         (b)(c)  A claim for recovery is made within 2 years

  2  from the time of the act giving rise to the claim or within 2

  3  years from the time the act is discovered or should have been

  4  discovered with the exercise of due diligence; however, in no

  5  event may a claim for recovery be made more than 4 years after

  6  the date of the act giving rise to the claim or more than 1

  7  year after the conclusion of any civil or administrative

  8  action based on the act, whichever is later; and

  9         (c)(d)  Any amounts recovered by such person from the

10  judgment debtor or licensee, or from any other source, have

11  been applied to the damages awarded by the court or the amount

12  of restitution ordered by the board; and

13         (d)(e)  Such person is not a person who is precluded by

14  this act from making a claim for recovery.

15         (2)  A person is not qualified to make a claim for

16  recovery from the Construction Industries Recovery Fund, if:

17         (a)  The claimant is the spouse of the judgment debtor

18  or licensee or a personal representative of such spouse;

19         (b)  The claimant is a licensee certificateholder or

20  registrant who acted as the contractor in the transaction

21  which is the subject of the claim;

22         (c)  Such person's claim is based upon a construction

23  contract in which the licensee certificateholder or registrant

24  was acting with respect to the property owned or controlled by

25  the licensee certificateholder or registrant;

26         (d)  Such person's claim is based upon a construction

27  contract in which the contractor did not hold a valid and

28  current license at the time of the construction contract; or

29         (e)  Such person was associated in a business

30  relationship with the licensee certificateholder or registrant

31  other than the contract at issue.


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  1         (f)  Such person has suffered damages as the result of

  2  making improper payments to a contractor as defined in chapter

  3  713, part I.

  4         Section 118.  Section 489.142, Florida Statutes, is

  5  amended to read:

  6         489.142  Board powers relating to recovery upon

  7  notification of commencement of action.--With respect to

  8  actions for recovery from the Construction Industries Recovery

  9  Fund When the board receives certified notice of any action,

10  as required by s. 489.141(1)(a), the board may intervene,

11  enter an appearance, file an answer, defend the action, or

12  take any action it deems appropriate and may take recourse

13  through any appropriate method of review on behalf of the

14  State of Florida.

15         Section 119.  Section 489.143, Florida Statutes, 1996

16  Supplement, is amended to read:

17         489.143  Payment from the fund.--

18         (1)  Any person who meets all of the conditions

19  prescribed in s. 489.141(1) may apply to the board to cause

20  payment to be made to such person from the Construction

21  Industries Recovery Fund in an amount equal to the judgment or

22  restitution order, exclusive of postjudgment interest, against

23  the licensee certificateholder or $25,000, whichever is less,

24  or an amount equal to the unsatisfied portion of such person's

25  judgment or restitution order, exclusive of postjudgment

26  interest, or $25,000, whichever is less, but only to the

27  extent and amount reflected in the judgment or restitution

28  order as being actual or compensatory damages. The fund is not

29  obligated to pay any portion of any judgment, or any judgment

30  or restitution order, or any portion thereof, which is not

31


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                                          HB 2011, First Engrossed



  1  expressly based on one of the grounds for recovery set forth

  2  in s. 489.140(1).

  3         (2)  Upon receipt by a claimant under subsection (1) of

  4  payment from the Construction Industries Recovery Fund, the

  5  claimant shall assign his additional right, title, and

  6  interest in the judgment or restitution order, to the extent

  7  of such payment, to the board, and thereupon the board shall

  8  be subrogated to the right, title, and interest of the

  9  claimant; and any amount subsequently recovered on the

10  judgment or restitution order by the board, to the extent of

11  the right, title, and interest of the board therein, shall be

12  for the purpose of reimbursing the Construction Industries

13  Recovery Fund.

14         (3)  Payments for claims arising out of the same

15  transaction shall be limited, in the aggregate, to $25,000,

16  regardless of the number of claimants involved in the

17  transaction.

18         (4)  Payments for claims against any one licensee

19  certificateholder or registrant shall not exceed, in the

20  aggregate, $100,000.

21         (5)  Claims shall be paid in the order filed, up to the

22  aggregate limits for each transaction and licensee and to the

23  limits of the amount appropriated to pay claims against the

24  fund for the fiscal year in which the claims were filed.

25         (6)  If the annual appropriation is exhausted with

26  claims pending, such claims shall be carried forward to the

27  next fiscal year.  Any moneys in excess of pending claims

28  remaining in the Construction Industries Recovery Fund at the

29  end of the fiscal year shall be paid as provided in s.

30  468.631.

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  1         (5)  If at any time the claims pending against the fund

  2  exceed 80 percent of the fund balance plus anticipated revenue

  3  for the next two quarters, the board shall accept no further

  4  claims until such time as the board is given express

  5  authorization and funding from the Legislature.

  6         (7)(6)  Upon the payment of any amount from the

  7  Construction Industries Recovery Fund in settlement of a claim

  8  in satisfaction of a judgment or restitution order against a

  9  licensee certificateholder as described in s. 489.141(1), the

10  license of such licensee certificateholder shall be

11  automatically suspended, without further administrative

12  action, upon the date of payment from the fund.  The license

13  of such licensee certificateholder shall not be reinstated

14  until he has repaid in full, plus interest, the amount paid

15  from the fund.  A discharge of bankruptcy does not relieve a

16  person from the penalties and disabilities provided in this

17  section.

18         Section 120.  Section 489.1455, Florida Statutes, is

19  created to read:

20         489.1455  Journeyman; reciprocity; standards.--

21         (1)  An individual who holds a valid, active journeyman

22  license in the plumbing/pipe fitting, mechanical, or HVAC

23  trades issued by any county or municipality in this state may

24  work as a journeyman in any other county or municipality of

25  this state without taking an additional examination or paying

26  an additional license fee, if he or she:

27         (a)  Has scored at least 70 percent, or after October

28  1, 1997, at least 75 percent, on a proctored journeyman Block

29  and Associates examination or other proctored examination

30  approved by the board for the trade in which he is licensed;

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                                          HB 2011, First Engrossed



  1         (b)  Has completed an apprenticeship program registered

  2  with the Department of Labor and Employment Security and

  3  demonstrates 4 years' verifiable practical experience in the

  4  electrical trade, or demonstrates 6 years' verifiable

  5  practical experience in the trade for which he is licensed;

  6  and

  7         (c)  Has not had a license suspended or revoked within

  8  the last 5 years.

  9         (2)  A local government may charge a registration fee

10  for reciprocity, not to exceed $25.

11         Section 118.  Section 489.5335, Florida Statutes, is

12  created to read:

13         489.5335  Journeyman; reciprocity; standards.--

14         (1)  An individual who holds a valid, active journeyman

15  license in the electrical trade issued by any county or

16  municipality in this state may work as a journeyman in any

17  other county or municipality of this state without taking an

18  additional examination or paying an additional license fee, if

19  he or she:

20         (a)  Has scored at least 70 percent, or after October

21  1, 1997, at least 75 percent, on a proctored journeyman Block

22  and Associates examination or other proctored examination

23  approved by the board for the electrical trade;

24         (b)  Has completed an apprenticeship program registered

25  with the Department of Labor and Employment Security and

26  demonstrates 4 years' verifiable practical experience in the

27  electrical trade, or demonstrates 6 years' verifiable

28  practical experience in the electrical trade; and

29         (c)  Has not had a license suspended or revoked within

30  the last 5 years.

31


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                                          HB 2011, First Engrossed



  1         (2)  A local government may charge a registration fee

  2  for reciprocity, not to exceed $25.

  3         Section 121.  Subsections (4) and (14) of section

  4  489.503, Florida Statutes, 1996 Supplement, are amended, and

  5  subsections (17), (18), and (19) are added to said section, to

  6  read:

  7         489.503  Exemptions.--This part does not apply to:

  8         (4)  Public utilities, on construction, maintenance,

  9  and development work performed by their forces and incidental

10  to their facilities or incidental to the business of a

11  telecommunications company licensed under chapter 364.

12         (14)  The installation of, repair of, alteration of,

13  addition to, or design of electrical wiring, fixtures,

14  appliances, thermostats, apparatus, raceways, and conduit, or

15  any part thereof, when those items are for the purpose of

16  transmitting data, voice communications, or commands as part

17  of:

18         (a)  A system of telecommunications, including

19  computers, telephone customer premises equipment, or premises

20  wiring; or

21         (b)  A cable television, community antenna television,

22  or radio distribution system.

23

24  The scope of this exemption is limited to electrical circuits

25  and equipment governed by the applicable provisions of

26  Articles 725 (Classes 2 and 3 circuits only), 770, 800, 810,

27  and 820 of the National Electrical Code, current edition, or

28  47 C.F.R. part 68.  Additionally, a company certified under

29  chapter 364 is not subject to any local ordinance that

30  requires a permit for work performed by its employees related

31  to low voltage electrical work, including related technical


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                                          HB 2011, First Engrossed



  1  codes and regulations. This exemption shall apply only if such

  2  work is requested by the company's customer, is required in

  3  order to complete phone service, is incidental to provision of

  4  telecommunication service as required by chapter 364, and is

  5  not actively competitive in nature or the subject of a

  6  competitive bid. The definition of "employee" established in

  7  subsection (1) applies to this exemption and does not include

  8  subcontractors.

  9         (17)  The monitoring of an alarm system without fee by

10  a direct employee of a law enforcement agency or of a county,

11  municipal, or special-district fire department or by a law

12  enforcement officer or fire official acting in an official

13  capacity.

14         (18)  The monitoring of an alarm system by a direct

15  employee of any state or federally chartered financial

16  institution, as defined in s. 655.005(1)(h), or any parent,

17  affiliate, or subsidiary thereof, so long as:

18         (a)  The institution is subject to, and in compliance

19  with, s. 3 of the Federal Bank Protection Act of 1968, 12

20  U.S.C. s. 1882;

21         (b)  The alarm system is in compliance with all

22  applicable firesafety standards as set forth in chapter 633;

23  and

24         (c)  The monitoring is limited to an alarm system

25  associated with:

26         1.  The commercial property where banking operations

27  are housed or where other operations are conducted by a state

28  or federally chartered financial institution, as defined in s.

29  655.005(1)(h), or any parent, affiliate, or subsidiary

30  thereof; or

31


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  1         2.  The private property occupied by the institution's

  2  executive officers, as defined in s. 655.005(1)(f),

  3

  4  and does not otherwise extend to the monitoring of residential

  5  systems.

  6         (19)  The monitoring of an alarm system of a business

  7  by the direct employees of that business, so long as:

  8         (a)  The alarm system is the exclusive property of, or

  9  is leased by, the business;

10         (b)  The alarm system complies with all applicable

11  firesafety standards as set forth in chapter 633; and

12         (c)  The alarm system is designed to protect only the

13  commercial premises leased by the business endeavor or

14  commercial premises owned by the business endeavor and not

15  leased to another.

16

17  This exemption is intended to allow businesses to monitor

18  their own alarm systems and is not limited to monitoring a

19  single location of that business.  However, it is not intended

20  to enable the owner of any apartment complex, aggregate

21  housing, or commercial property to monitor alarm systems on

22  property leased or rented to the residents, clients, or

23  customers thereof.

24         Section 122.  Subsection (24) of section 489.505,

25  Florida Statutes, 1996 Supplement, is repealed, subsections

26  (1) and (7) are amended, subsection (26) is renumbered as

27  subsection (25) and amended, present subsections (25) and (27)

28  are renumbered as subsections (24) and (26), respectively, and

29  a new subsection (27) is added to said section, to read:

30         489.505  Definitions.--As used in this part:

31


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                                          HB 2011, First Engrossed



  1         (1)  "Alarm system" means any electrical device,

  2  signaling device, or combination of electrical devices used to

  3  signal or detect a situation which causes an alarm in the

  4  event of a burglary, fire, robbery, or medical emergency, or

  5  equipment failure.

  6         (7)  "Certified alarm system contractor" means an alarm

  7  system contractor who possesses a certificate of competency

  8  issued by the department.  The scope of certification is

  9  limited to alarm circuits originating in the alarm control

10  panel and equipment governed by the applicable provisions of

11  Articles 725, 760, 770, 800, and 810 of the National

12  Electrical Code, Current Edition, and National Fire Protection

13  Association Standard 72, Current Edition.  The scope of

14  certification for alarm system contractors also includes the

15  installation, repair, fabrication, erection, alteration,

16  addition, or design of electrical wiring, fixtures,

17  appliances, thermostats, apparatus, raceways, and conduit, or

18  any part thereof not to exceed 77 volts, when those items are

19  for the purpose of transmitting data or proprietary video

20  (satellite systems that are not part of a community antenna

21  television or radio distribution system) or providing central

22  vacuum capability or electric locks; however, this provision

23  governing the scope of certification does not create any

24  mandatory licensure requirement.

25         (24)  "Limited burglar alarm system contractor" means

26  an alarm system contractor whose business is limited to the

27  installation of burglar alarms in single-family homes and

28  two-family homes, mobile homes, and small commercial buildings

29  having a square footage of not more than 5,000 square feet and

30  who is registered with the department pursuant to s. 489.513

31  or s. 489.537(8).


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  1         (24)(25)  "Licensure" means any type of certification

  2  or registration provided for in this part.

  3         (25)(26)  "Alarm system agent" means a person:

  4         (a)  Who is employed by a licensed alarm system

  5  contractor or licensed electrical contractor;

  6         (b)  Who is performing duties which are an element of

  7  an activity which constitutes alarm system contracting

  8  requiring licensure under this part; and

  9         (c)  Whose specific duties include any of the

10  following:  altering, installing, maintaining, moving,

11  repairing, replacing, servicing, selling onsite, or monitoring

12  an alarm system for compensation.

13         (26)(27)  "Personal emergency response system" means

14  any device which is simply plugged into a telephone jack or

15  electrical receptacle and which is designed to initiate a

16  telephone call to a person who responds to, or has a

17  responsibility to determine the proper response to, personal

18  emergencies.

19         (27)  "Monitoring" means to receive electrical or

20  electronic signals, originating from any building within the

21  state, produced by any security, medical, fire, or burglar

22  alarm, closed circuit television camera, or related or similar

23  protective system and to initiate a response thereto.  A

24  person shall not have committed the act of monitoring if:

25         (a)  The person is an occupant of, or an employee

26  working within, protected premises;

27         (b)  The person initiates emergency action in response

28  to hearing or observing an alarm signal;

29         (c)  The person's action is incidental to his or her

30  primary responsibilities; and

31


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                                          HB 2011, First Engrossed



  1         (d)  The person is not employed in a proprietary

  2  monitoring facility, as defined by the National Fire

  3  Protection Association pursuant to rule adopted under chapter

  4  633.

  5         Section 123.  Subsection (5) of section 489.507,

  6  Florida Statutes, is amended to read:

  7         489.507  Electrical Contractors' Licensing Board.--

  8         (5)  The Electrical Contractors' Licensing Board and

  9  the Construction Industry Licensing Board shall each appoint a

10  committee to meet jointly in joint session at least twice a

11  year.

12         Section 124.  Section 489.509, Florida Statutes, is

13  amended to read:

14         489.509  Fees.--

15         (1)  The board, by rule, shall establish fees to be

16  paid for applications, examination, reexamination, transfers,

17  licensing and renewal, reinstatement, and recordmaking and

18  recordkeeping.  The examination fee shall be in an amount that

19  covers the cost of obtaining and administering the examination

20  and shall be refunded if the applicant is found ineligible to

21  sit for the examination.  The application fee is

22  nonrefundable.  The fee for initial application and

23  examination for certification of electrical contractors may

24  not exceed $400.  The initial application fee for registration

25  may not exceed $150.  The biennial renewal fee may not exceed

26  $400 for certificateholders and $200 for registrants, and

27  shall be paid by June 30 of each biennial period.  The fee for

28  initial application and examination for certification of alarm

29  system contractors may not exceed $400.  The biennial renewal

30  fee for certified alarm system contractors may not exceed

31  $450.  The board may establish a fee for a temporary


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                                          HB 2011, First Engrossed



  1  certificate as an alarm system contractor not to exceed $75.

  2  The board may also establish by rule a delinquency fee not to

  3  exceed $50.  Failure to renew an active or inactive

  4  certificate or registration within 90 days after the date of

  5  renewal will result in the certificate or registration

  6  becoming delinquent.  The fee to transfer a certificate or

  7  registration from one business organization to another may not

  8  exceed $200.  The fee for reactivation of an inactive license

  9  may not exceed $50.  The board shall establish fees that are

10  adequate to ensure the continued operation of the board.  Fees

11  shall be based on department estimates of the revenue required

12  to implement this part and the provisions of law with respect

13  to the regulation of electrical contractors and alarm system

14  contractors.

15         (2)  A person who is registered or holds a valid

16  certificate from the board may go on inactive status during

17  which time he shall not engage in contracting, but may retain

18  his certificate or registration on an inactive basis, on

19  payment of a renewal fee during the inactive period, not to

20  exceed $50 per renewal period.

21         (3)  Four dollars of each fee under subsection (1) paid

22  to the department at the time of application or renewal shall

23  be transferred at the end of each licensing period to the

24  Department of Education to fund projects relating to the

25  building construction industry or continuing education

26  programs offered to persons engaged in the building

27  construction industry in Florida. The board shall, at the time

28  the funds are transferred, advise the Department of Education

29  on the most needed areas of research or continuing education

30  based on significant changes in the industry's practices or on

31  the most common types of consumer complaints or on problems


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  1  costing the state or local governmental entities substantial

  2  waste. The board's advice is not binding on the Department of

  3  Education. The Department of Education must allocate 50

  4  percent of the funds to a graduate program in building

  5  construction in a Florida university and 50 percent of the

  6  funds to all accredited private and state universities and

  7  community colleges within the state offering approved courses

  8  in building construction, with each university or college

  9  receiving a pro rata share of such funds based upon the number

10  of full-time building construction students enrolled at the

11  institution. The Department of Education shall ensure the

12  distribution of research reports and the availability of

13  continuing education programs to all segments of the building

14  construction industry to which they relate. The Department of

15  Education shall report to the board in October of each year,

16  summarizing the allocation of the funds by institution and

17  summarizing the new projects funded and the status of

18  previously funded projects. The Commissioner of Education is

19  directed to appoint one electrical contractor and one

20  certified alarm system contractor to the Building Construction

21  Industry Advisory Committee.

22         Section 125.  Paragraph (a) of subsection (2) and

23  paragraph (b) of subsection (5) of section 489.511, Florida

24  Statutes, are amended to read:

25         489.511  Certification; application; examinations;

26  endorsement.--

27         (2)(a)  A person shall be entitled to take the

28  certification examination for the purpose of determining

29  whether he is qualified to engage in contracting throughout

30  the state as a contractor if the person:

31         1.  Is at least 18 years of age;


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  1         2.  Is of good moral character; and

  2         3.  Meets eligibility requirements according to one of

  3  the following criteria:

  4         a.  Has, within the 6 years immediately preceding the

  5  filing of the application, at least 3 years' proven management

  6  experience in the trade or education equivalent thereto, or a

  7  combination thereof, but not more than one-half of such

  8  experience may be educational equivalent;

  9         b.  Has, within the 8 years immediately preceding the

10  filing of the application, at least 4 years' experience as a

11  foreman, supervisor, or contractor in the trade for which he

12  is making application;

13         c.  Has, within the 12 years immediately preceding the

14  filing of the application, at least 6 years of comprehensive

15  training, technical education, or supervisory broad experience

16  associated with an electrical or alarm system contracting

17  business, or at least 6 years of technical experience in

18  electrical or alarm system work with the Armed Forces or a

19  governmental entity installation or servicing endeavor; or

20         d.  Has, within the 12 years immediately preceding the

21  filing of the application, been licensed for 3 years as a

22  professional an engineer who is qualified by education,

23  training, or experience to practice electrical engineering; or

24         e.  Has any combination of qualifications under

25  sub-subparagraphs a.-c. totaling 6 years of experience.

26         (5)

27         (b)  For those specialty electrical or alarm system

28  contractors applying for certification under this part who

29  work in jurisdictions that do not require local licensure for

30  those activities for which the applicant desires to be

31  certified, the experience requirement may be met by


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  1  demonstrating at least 6 years of comprehensive training,

  2  technical education, or supervisory broad experience, within

  3  the 12 years immediately preceding the filing of the

  4  application, in the type of specialty electrical or alarm

  5  system work for which certification is desired.  An affidavit

  6  signed by the applicant's employer stating that the applicant

  7  performed the work required under this paragraph shall be

  8  sufficient to demonstrate to the board that the applicant has

  9  met the experience requirement.

10         Section 126.  Subsection (3) of section 489.513,

11  Florida Statutes, is amended to read:

12         489.513  Registration; application; requirements.--

13         (3)(a)  To be registered as an electrical contractor,

14  the applicant shall file evidence of holding a current

15  occupational license or a current license issued by any

16  municipality or county of the state for the type of work for

17  which registration is desired, on a form provided by the

18  department, together with evidence of successful compliance

19  with the local examination and licensing requirements, if any,

20  in the area for which registration is desired, accompanied by

21  the registration fee fixed pursuant to this part. No

22  examination may be required for registration as an electrical

23  contractor except for any examination required by a local

24  government to obtain the local licensure.

25         (b)  To be registered as an electrical contractor, an

26  alarm system contractor I, an alarm system contractor II, or a

27  residential alarm system contractor, the applicant shall file

28  evidence of holding a current occupational license or a

29  current license issued by any municipality or county of the

30  state for the type of work for which registration is desired,

31  on a form provided by the department, if such a license is


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                                          HB 2011, First Engrossed



  1  required by that municipality or county, together with

  2  evidence of having passed an appropriate local examination,

  3  written or oral, designed to test skills and knowledge

  4  relevant to the technical performance of the profession,

  5  accompanied by the registration fee fixed pursuant to this

  6  part.  For any person working or wishing to work in any local

  7  jurisdiction which does not issue a local license as an

  8  electrical or alarm system contractor or does not require an

  9  examination for its license, the applicant may apply and shall

10  be considered qualified to be issued a registration in the

11  appropriate electrical or alarm system category, provided that

12  he shows that he has scored at least 75 percent on an

13  examination which is substantially equivalent to the

14  examination approved by the board for certification in the

15  category and that he has had at least 3 years' technical

16  experience in the trade.  The requirement to take and pass an

17  examination in order to obtain a registration shall not apply

18  to persons making application prior to the effective date of

19  this act.

20         Section 127.  Subsection (4) is added to section

21  489.517, Florida Statutes, to read:

22         489.517  Renewal of certificate or registration;

23  continuing education.--

24         (4)(a)  If a certificateholder or registrant holds a

25  license under both this part and part I and is required to

26  have continuing education courses under s. 489.115(4)(b)1.,

27  the certificateholder or registrant may apply those course

28  hours for workers' compensation, workplace safety, and

29  business practices obtained under part I to the requirements

30  under this part.

31


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                                          HB 2011, First Engrossed



  1         (b)  Of the 14 classroom hours of continuing education

  2  required, at least 7 hours must be on technical subjects, 1

  3  hour on workers' compensation, 1 hour on workplace safety, and

  4  1 hour on business practices.

  5         Section 128.  Subsection (2) of section 489.519,

  6  Florida Statutes, is renumbered as subsection (3) and a new

  7  subsection (2) is added to said section to read:

  8         489.519  Inactive status.--

  9         (2)  Notwithstanding any provision of s. 455.271 to the

10  contrary, a certificateholder or registrant may apply to the

11  department for voluntary inactive status at any time during

12  the period of certification or registration.

13         Section 129.  Subsection (8) of section 489.521,

14  Florida Statutes, is amended to read:

15         489.521  Business organizations; qualifying agents.--

16         (8)  Each qualifying agent shall pay the department an

17  amount equal to the original fee for certification or

18  registration to qualify any additional business organizations.

19  If the qualifying agent for a business organization desires to

20  qualify additional business organizations, the board shall

21  require him to present evidence of supervisory ability and

22  financial responsibility of each such organization.  Allowing

23  a licensee to qualify more than one business organization

24  shall be conditioned upon the licensee showing that the

25  licensee has both the capacity and intent to adequately

26  supervise each business organization.  The board shall not

27  limit the number of business organizations which the licensee

28  may qualify except upon the licensee's failing to provide such

29  information as is required under this subsection or upon a

30  finding that such information or evidence as is supplied is

31  incomplete or unpersuasive in showing the licensee's ability


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                                          HB 2011, First Engrossed



  1  or intent to comply with the requirements of this subsection.

  2  A qualification for an additional business organization may be

  3  revoked or suspended upon a finding by the board that the

  4  licensee has failed in the licensee's responsibility to

  5  adequately supervise the operations of that business

  6  organization.  Failure of the responsibility to adequately

  7  supervise the operations of a business organization shall be

  8  grounds for denial to qualify additional business

  9  organizations. The issuance of such certification or

10  registration is discretionary with the board.

11         Section 130.  Subsection (1) of section 489.525,

12  Florida Statutes, is amended to read:

13         489.525  Reports of certified contractors to local

14  building officials.--

15         (1)  The department shall inform all local boards or

16  building officials prior to December 31 October of each year

17  of the names of all certificateholders and the status of the

18  certificates.

19         Section 131.  Section 489.529, Florida Statutes, 1996

20  Supplement, is amended to read:

21         489.529  Alarm verification calls required.--All

22  residential or commercial intrusion/burglary alarms that have

23  central monitoring must have a central monitoring verification

24  call made to the premises generating the alarm signal, prior

25  to alarm monitor personnel contacting a law enforcement agency

26  for alarm dispatch. However, if the alarms have properly

27  operating visual or auditory sensors that enable the

28  monitoring personnel to verify the alarm signal, verification

29  calling is not required.

30         Section 132.  Subsection (2) of section 489.531,

31  Florida Statutes, is amended to read:


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                                          HB 2011, First Engrossed



  1         489.531  Prohibitions; penalties.--

  2         (2)(a)  Any unlicensed person who commits a violation

  3  violates any provision of subsection (1) commits a misdemeanor

  4  of the first degree, punishable as provided in s. 775.082 or

  5  s. 775.083.

  6         (b)  Any unlicensed person who commits a violation of

  7  subsection (1) and the value of the contracting exceeds $1,000

  8  commits a felony of the third degree, punishable as provided

  9  in s. 775.082, s. 775.083, or s. 775.084.

10         (c)  Any unlicensed person who commits a violation of

11  subsection (1) after having been previously found guilty of

12  such a violation, regardless of adjudication thereof, commits

13  a felony of the third degree, punishable as provided in s.

14  775.082, s. 775.083, or s. 775.084.

15         (d)  Any unlicensed person who commits a violation of

16  subsection (1) during the existence of a state of emergency

17  declared by executive order of the Governor commits a felony

18  of the third degree, punishable as provided in s. 775.082, s.

19  775.083, or s. 775.084.

20

21  The remedies set forth in this subsection are not exclusive

22  and may be imposed in addition to the remedies set forth in s.

23  489.533(2).

24         Section 133.  For the purpose of incorporating the

25  amendment to section 489.531, Florida Statutes, in a reference

26  thereto, paragraph (a) of subsection (1) and subsection (2) of

27  section 489.533, Florida Statutes, 1996 Supplement, are

28  reenacted to read:

29         489.533  Disciplinary proceedings.--

30         (1)  The following acts shall constitute grounds for

31  disciplinary actions as provided in subsection (2):


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                                          HB 2011, First Engrossed



  1         (a)  Violating any provision of s. 489.531 or chapter

  2  455.

  3

  4  For the purposes of this subsection, construction is

  5  considered to be commenced when the contract is executed and

  6  the contractor has accepted funds from the customer or lender.

  7         (2)  When the board finds any applicant, contractor, or

  8  business organization for which the contractor is a primary

  9  qualifying agent or secondary qualifying agent responsible

10  under s. 489.522 guilty of any of the grounds set forth in

11  subsection (1), it may enter an order imposing one or more of

12  the following penalties:

13         (a)  Denial of an application for certification or

14  registration.

15         (b)  Revocation or suspension of a certificate or

16  registration.

17         (c)  Imposition of an administrative fine not to exceed

18  $5,000 for each count or separate offense.

19         (d)  Issuance of a reprimand.

20         (e)  Placement of the contractor on probation for a

21  period of time and subject to such conditions as the board may

22  specify, including requiring the contractor to attend

23  continuing education courses or to work under the supervision

24  of another contractor.

25         (f)  Restriction of the authorized scope of practice by

26  the contractor.

27         Section 134.  Paragraph (b) of subsection (2) of

28  section 489.537, Florida Statutes, is amended to read:

29         489.537  Application of this part.--

30         (2)

31


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                                          HB 2011, First Engrossed



  1         (b)  A registered electrical contractor may bid on

  2  electrical contracts which include alarm systems contracting

  3  as a part of the contract, provided that the individual shall

  4  subcontract such alarm systems contracting, except raceway

  5  systems, to a properly certified or registered alarm system

  6  contractor.  However, if the registered electrical contractor

  7  is properly certified or registered as an alarm system

  8  contractor, the individual is not required to subcontract out

  9  the alarm system contracting.

10         Section 135.  Section 489.539, Florida Statutes, is

11  amended to read:

12         489.539  Adoption of electrical and alarm

13  standards.--For the purpose of establishing minimum electrical

14  and alarm standards in this state, the following standards are

15  adopted:

16         (1)  "National Electrical Code 1990," NFPA No. 70-1990.

17         (2)  Underwriters' Laboratories, Inc., "Standards for

18  Safety, Electrical Lighting Fixtures, and Portable Lamps," UL

19  57-1982, and UL 153-1983.

20         (3)  Underwriters' Laboratories, Inc., "Standard for

21  Electric Signs," UL 48-1982.

22         (4)  The provisions of the following which prescribe

23  minimum electrical and alarm standards:

24         (a)  NFPA No. 56A-1978, "Inhalation Anesthetics 1978."

25         (b)  NFPA No. 56B-1982, "Respiratory Therapy 1982."

26         (c)  NFPA No. 56C-1980, "Laboratories in Health-related

27  Institutions 1980."

28         (d)  NFPA No. 56D-1982, "Hyperbaric Facilities."

29         (e)  NFPA No. 56F-1983, "Nonflammable Medical Gas

30  Systems 1983."

31         (f)  NFPA No. 72-1993, "National Fire Alarm Code."


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                                          HB 2011, First Engrossed



  1         (g)(f)  NFPA No. 76A-1984, "Essential Electrical

  2  Systems for Health Care Facilities 1984."

  3         (5)  Chapter 10D-29 of the rules of the Department of

  4  Health and Rehabilitative Services, entitled "Nursing Homes

  5  and Related Facilities Licensure."

  6         (6)  The minimum standards for grounding of portable

  7  electric equipment, chapter 8C-27, as recommended by the

  8  Industrial Standards Section of the Division of Workers'

  9  Compensation of the Department of Labor and Employment

10  Security.

11         Section 136.  Subsection (4) and paragraph (a) of

12  subsection (5) of section 489.553, Florida Statutes, 1996

13  Supplement, are amended to read:

14         489.553  Administration of part; registration

15  qualifications; examination.--

16         (4)  To be eligible for registration by the department

17  as a septic tank contractor, the applicant must:

18         (a)  Be of good moral character. In considering good

19  moral character, the department may consider any matter that

20  has a substantial connection between the good moral character

21  of the applicant and the professional responsibilities of the

22  registered contractor, including, but not limited to, the

23  applicant being found guilty of, or entering a plea of nolo

24  contendere to, regardless of adjudication, a crime in any

25  jurisdiction that directly relates to the practice of

26  contracting or the ability to practice contracting, and any

27  previous disciplinary action involving septic tank contracting

28  where all judicial reviews are complete.

29         (b)  Pass an examination approved by the department

30  which demonstrates that the applicant has a fundamental

31


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                                          HB 2011, First Engrossed



  1  knowledge of the state laws relating to the installation and

  2  maintenance of onsite sewage treatment and disposal systems.

  3         (c)  Be at least 18 years of age.

  4         (d)  Have a total of at least 3 years of active

  5  experience as a worker who has learned a trade by serving an

  6  apprenticeship as a skilled worker under the supervision and

  7  control of a registered septic tank contractor or a person

  8  licensed under s. 489.105(3)(m) who has provided septic tank

  9  contracting services. Related work experience or educational

10  experience may be substituted for no more than 2 years of such

11  active contracting experience. For purposes of this paragraph,

12  each 30 hours of coursework approved by the department is

13  equal to 6 months of work experience.

14         (e)  Have not had a registration revoked in the last 5

15  years, as determined from the effective date of the

16  revocation.

17         (5)  To be eligible for registration by the department

18  as a master septic tank contractor, the applicant must:

19         (a)  Have been a registered septic tank contractor in

20  Florida for at least 3 years or a certified plumber licensed

21  under s. 489.105(3)(m) who has provided septic tank

22  contracting services for at least 3 years.

23         Section 137.  Section 501.935, Florida Statutes, is

24  created to read:

25         501.935  Home-inspection reports; required disclosures

26  prior to inspection; report on inspection results; prohibited

27  acts; failure to comply.--

28         (1)  INTENT.--The Legislature recognizes that the

29  performance of a home inspection requires certain skills and

30  that a home inspection should not be confused with an

31  engineering analysis.  Therefore, it is necessary in the


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                                          HB 2011, First Engrossed



  1  interest of the public health, safety, and welfare to require

  2  the disclosure of information useful to assist consumers in

  3  choosing a qualified home inspector, to inform them of the

  4  limitations of a home inspection, and to prohibit actions that

  5  conflict with the best interests of a home inspector's client.

  6         (2)  DEFINITIONS.--For the purposes of this section:

  7         (a)  "Home inspector" means any person who provides or

  8  offers to provide a home inspection on residential real

  9  property for a fee.

10         (b)  "Home inspection" means an examination of the

11  mechanical and physical components of residential real

12  property through visual means and operation of normal user

13  controls, without necessarily the use of any mathematical or

14  engineering science.  The inspection may include, but is not

15  limited to, examination of the electrical, heating, and

16  central air-conditioning systems; the interior plumbing; the

17  roof and visible insulation therefor; walls, ceilings, floors,

18  windows, and doors; the foundation; and the basement or crawl

19  space.

20         (3)  EXEMPTIONS.--A person licensed as a construction

21  contractor under chapter 489, an architect under chapter 481,

22  or an engineer under chapter 471 shall not be required to

23  comply with this section with regard to any report, survey,

24  evaluation, or estimate rendered within the scope of practice

25  authorized by such license.

26         (4)  DISCLOSURE.--Prior to performing any home

27  inspection, a home inspector shall provide the following to

28  any person who has entered into a contract to have a home

29  inspection and who, as a client of the inspector, has

30  requested the inspection:

31


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                                          HB 2011, First Engrossed



  1         (a)  A written list of the home inspector's

  2  credentials.

  3         (b)  A caveat in 10-point or larger boldfaced type that

  4  states:  AN INSPECTION IS INTENDED TO ASSIST IN EVALUATION OF

  5  THE OVERALL CONDITION OF A BUILDING.  THE INSPECTION IS BASED

  6  ON OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE

  7  BUILDING AND ITS COMPONENTS ON THE DATE OF THE INSPECTION.

  8  THE RESULTS OF THIS HOME INSPECTION ARE NOT INTENDED TO MAKE

  9  ANY REPRESENTATION REGARDING LATENT OR CONCEALED DEFECTS THAT

10  MAY EXIST, AND NO WARRANTY OR GUARANTEE IS EXPRESSED OR

11  IMPLIED.  IF YOUR HOME INSPECTOR IS NOT A LICENSED STRUCTURAL

12  ENGINEER OR OTHER PROFESSIONAL WHOSE LICENSE AUTHORIZES THE

13  RENDERING OF AN OPINION AS TO THE STRUCTURAL INTEGRITY OF A

14  BUILDING OR ITS OTHER COMPONENT PARTS, YOU MAY BE ADVISED TO

15  SEEK A PROFESSIONAL OPINION AS TO ANY DEFECTS OR CONCERNS

16  MENTIONED IN THIS REPORT.

17         (c)  A written disclosure to the client of any conflict

18  of interest or relationship of the home inspector which may

19  affect the client.

20         (d)  A written statement or agreement declaring the

21  home inspector's scope, limitations, terms, and conditions

22  regarding the home inspection.

23         (5)  REPORT.--A home inspector shall provide to the

24  client, within 3 working days after the date of the home

25  inspection or at any other time agreed upon by both parties, a

26  written report of the results of the home inspection.

27         (6)  PROHIBITIONS.--A home inspector is prohibited

28  from:

29         (a)  Accepting commissions or allowances from another

30  party dealing with a client of the inspector which relate to

31  the inspection.


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  1         (b)  Offering commissions or allowances to another

  2  party dealing with a client of the inspector which relate to

  3  the inspection.

  4         (c)  Performing, or offering to perform, remedial work

  5  on a property which the inspector has inspected in the

  6  preceding 12 months.

  7         (d)  Disclosing, without the client's consent, a home

  8  inspection report to any person other than the client.

  9         (7)  FAILURE TO COMPLY.--Failure to comply with this

10  section constitutes a deceptive and unfair trade practice.

11         Section 138.  Section 501.937, Florida Statutes, is

12  created to read:

13         501.937  Industrial hygienists and safety

14  professionals; use of professional titles; failure to

15  comply.--

16         (1)  Any person representing himself or herself as a

17  "safety professional" or "industrial hygienist" shall

18  accurately disclose his or her credentials.

19         (2)  No person shall represent himself or herself as a

20  "certified safety professional," "associate safety

21  professional," "certified occupational health and safety

22  technologist," "industrial hygienist in training," or

23  "certified industrial hygienist" unless he or she holds a

24  current valid certificate in the field of safety or industrial

25  hygiene from either the American Board of Industrial Hygiene

26  or the Board of Certified Safety Professionals, or unless the

27  Department of Business and Professional Regulation has, upon

28  request, examined another certification program and has

29  formally concluded that the certification standards of that

30  certification program are substantially equivalent to the

31  standards for certificates issued by those organizations; nor


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  1  shall the person mislead or deceive anyone by the unauthorized

  2  use of any certification mark that has been awarded by the

  3  U.S. Patent and Trademark Office.

  4         (3)(a)  A "safety professional" is a person having a

  5  baccalaureate degree in safety, engineering, chemistry,

  6  physics, or a closely related physical or biological science

  7  who has acquired competency in the field of safety. The

  8  studies and training necessary to acquire such competency

  9  should have been sufficient in all of the above cognate

10  sciences to provide the abilities for anticipating,

11  identifying, and evaluating hazardous conditions and

12  practices; developing hazard control designs, methods,

13  procedures, and programs; implementing, administering, and

14  advising others on hazard controls and hazard control

15  programs; and measuring, auditing, and evaluating the

16  effectiveness of hazard controls and hazard control programs.

17         (b)  An "industrial hygienist" is a person having a

18  baccalaureate degree in engineering, chemistry, physics, or a

19  closely related physical or biological science who has

20  acquired competency in the field of industrial hygiene. The

21  studies and training necessary to acquire such competency

22  should have been sufficient in all of the above cognate

23  sciences to provide the abilities to anticipate and recognize

24  the environmental factors and stresses associated with work

25  and work operations and to understand their effects on people

26  and their well-being; to evaluate, on the basis of training

27  and experience and with the aid of quantitative measurement

28  techniques, the magnitude of these factors and stresses in

29  terms of ability to impair human health and well-being; and to

30  prescribe methods to eliminate, control, or reduce such

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                                          HB 2011, First Engrossed



  1  factors and stresses when necessary to alleviate their

  2  effects.

  3         (4)  Failure to comply with this section constitutes a

  4  deceptive and unfair trade practice.

  5         Section 139.  Subsection (1) of section 553.06, Florida

  6  Statutes, is amended to read:

  7         553.06  State Plumbing Code.--

  8         (1)  The Board of Building Codes and Standards shall,

  9  in accordance with the provisions of chapter 120 and ss.

10  553.70-553.895, adopt all or part of the Standard Plumbing

11  Code 1997 edition or the International Plumbing Code, 1997

12  edition, 1994 edition, as adopted at the October 1993 annual

13  meeting of the Southern Building Code Congress International,

14  as the State Plumbing Code which shall be the minimum

15  requirements statewide for all installations, repairs, and

16  alterations to plumbing.  The board may, in accordance with

17  the requirements of chapter 120, adopt all or part of updated

18  or revised editions of the State Plumbing Code to keep abreast

19  of latest technological advances in plumbing and installation

20  techniques.  Where testing of water treatment units is

21  required by the Standard Plumbing Code, the board shall

22  approve alternative testing standards, upon receipt of a

23  request for adoption of alternative testing standards, if the

24  board receives competent evidence that such standards

25  adequately measure the efficacy of such units for their

26  intended use.  Local governments which have adopted the South

27  Florida, One and Two Family Dwelling or EPCOT Plumbing Codes

28  may continue their use provided the requirements contained

29  therein meet or exceed the requirements of the State Plumbing

30  Code.  Provided, however, Nothing in this section shall alter

31  or diminish the authority of the Department of Business and


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  1  Professional Regulation to conduct plan reviews, issue

  2  variances, and adopt rules regarding sanitary facilities in

  3  public lodging and public food service establishments pursuant

  4  to chapter 509, providing that such actions do not conflict

  5  with the requirements for public restrooms in s. 553.141.

  6         Section 140.  Section 553.19, Florida Statutes, is

  7  amended to read:

  8         553.19  Adoption of electrical and alarm

  9  standards.--For the purpose of establishing minimum electrical

10  and alarm standards in this state, the following standards are

11  adopted:

12         (1)  "National Electrical Code 1990," NFPA No. 70-1990.

13         (2)  Underwriters' Laboratories, Inc., "Standards for

14  Safety, Electrical Lighting Fixtures, and Portable Lamps," UL

15  57-1982 and UL 153-1983.

16         (3)  Underwriters' Laboratories, Inc., "Standard for

17  Electric Signs," UL 48-1982.

18         (4)  The provisions of the following which prescribe

19  minimum electrical and alarm standards:

20         (a)  NFPA No. 56A-1978, "Inhalation Anesthetics 1978."

21         (b)  NFPA No. 56B-1982, "Respiratory Therapy 1982."

22         (c)  NFPA No. 56C-1980, "Laboratories in Health-related

23  Institutions 1980."

24         (d)  NFPA No. 56D-1982, "Hyperbaric Facilities."

25         (e)  NFPA No. 56F-1983, "Nonflammable Medical Gas

26  Systems 1983."

27         (f)  NFPA No. 72-1993, "National Fire Alarm Code."

28         (g)(f)  NFPA No. 76A-1984, "Essential Electrical

29  Systems for Health Care Facilities 1984."

30

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  1         (5)  Chapter 10D-29 of the rules and regulations of the

  2  Department of Health and Rehabilitative Services, entitled

  3  "Nursing Homes and Related Facilities Licensure."

  4         (6)  The minimum standards for grounding of portable

  5  electric equipment, chapter 8C-27 as recommended by the

  6  Industrial Standards Section, Division of Workers'

  7  Compensation, Department of Labor and Employment Security.

  8         Section 141.  Section 553.63, Florida Statutes, is

  9  amended to read:

10         553.63  Trench excavations in excess of 5 feet deep;

11  required information.--On all specific contracts for trench

12  excavation in which such excavation will exceed a depth of 5

13  feet,:

14         (1)  The contract bid submitted by the contractor who

15  will perform such excavation shall include:

16         (a)  A reference to the trench safety standards that

17  will be in effect during the period of construction of the

18  project.

19         (b)  Written assurance by the contractor performing the

20  trench excavation that such contractor will comply with the

21  applicable trench safety standards.

22         (c)  A separate item identifying the cost of compliance

23  with the applicable trench safety standards.

24         (2)  a contractor performing trench excavation shall:

25         (1)(a)  At As a minimum, comply with the excavation

26  safety standards which are applicable to such a project.

27         (2)(b)  Adhere to any special shoring requirements, if

28  any, of the state or other political subdivisions which may be

29  applicable to such a project.

30         (3)(c)  If any geotechnical information is available

31  from the owner, the contractor, or otherwise, the contractor


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  1  performing trench excavation shall Consider geotechnical this

  2  information, if available, in the contractor's design of the

  3  trench safety system which the contractor it will employ on

  4  the project.  This subsection paragraph shall not require the

  5  owner to obtain geotechnical information.

  6         Section 142.  Section 553.64, Florida Statutes, is

  7  repealed.

  8         Section 143.  Section 553.991, Florida Statutes, is

  9  amended to read:

10         553.991  Purpose.--The purpose of this part is to

11  provide for a statewide uniform system for rating the energy

12  efficiency of buildings and to ensure that those ratings are

13  disclosed to prospective purchasers at their request.  It is

14  in the interest of the state to encourage the consideration of

15  the energy-efficiency rating system in the market so as to

16  provide market rewards for energy-efficient buildings and to

17  those persons or companies designing, building, or selling

18  energy-efficient buildings.

19         Section 144.  Section 553.994, Florida Statutes, is

20  amended to read:

21         553.994  Applicability.--The rating system shall apply

22  to all public, commercial, and existing residential buildings

23  in the state. and may be applied to new residential buildings,

24  except as identified by the department by rule in accordance

25  with the procedures of chapter 120, according to the following

26  schedule:

27         (1)  For new residential buildings, by January 1, 1994.

28         (2)  For existing residential buildings, by January 1,

29  1995.

30         (3)  For new public buildings, by January 1, 1994.

31         (4)  For existing public buildings, by July 1, 1994.


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  1         (5)  For new commercial buildings, by January 1, 1995.

  2         (6)  For existing commercial buildings, by January 1,

  3  1996.

  4         Section 145.  Effective upon this act becoming a law,

  5  section 553.996, Florida Statutes, is amended to read:

  6         553.996  Energy-efficiency rating disclosure;

  7  information brochure.--

  8         (1)(a)  In accordance with the schedules in s. 553.994,

  9  the prospective purchaser of real property with a building for

10  occupancy located thereon shall be provided written

11  notification that the purchaser may have the building's

12  energy-efficiency rating determined.  Such notice shall be

13  provided at the time of, or prior to, the purchaser's

14  execution of the contract for sale and purchase.

15         (b)  The energy-efficiency rating of a residential or

16  commercial building shall be provided upon request of the

17  prospective purchaser, in writing, at the time of, or prior

18  to, the purchaser's execution of the contract for sale and

19  purchase.

20         (2)  A prospective purchaser of real property with a

21  building for occupancy located thereon Concurrent with the

22  provisions of subsection (1), the prospective purchaser shall

23  be provided with a copy of an information brochure, at the

24  time of or prior to the purchaser's execution of the contract

25  for sale and purchase, notifying the purchaser of the option

26  for an energy-efficiency rating on the building.  Such

27  brochure shall be prepared, made available for distribution,

28  and provided at no cost by the department.  Such brochure

29  shall contain information relevant to that class of building,

30  including, but not limited to:

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                                          HB 2011, First Engrossed



  1         (1)(a)  How to analyze the building's energy-efficiency

  2  rating.

  3         (2)(b)  Comparisons to statewide averages for new and

  4  existing construction of that class.

  5         (3)(c)  Information concerning methods to improve the

  6  building's energy-efficiency rating.

  7         (4)(d)  A notice to residential purchasers that the

  8  energy-efficiency rating may qualify the purchaser for an

  9  energy-efficient mortgage from lending institutions.

10         Section 146.  The Office of Program Policy Analysis and

11  Government Accountability shall review existing studies, and

12  perform any necessary reviews of records, of the Department of

13  Business and Professional Regulation and its boards to

14  determine whether there is evidence that mandatory continuing

15  education is the most effective method of ensuring

16  professional competence and to identify and analyze alternate

17  methods of ensuring professional competence. The department

18  shall prepare a report documenting such review and analysis

19  which report may focus on a subset of the professions

20  regulated by the department but should attempt to choose a

21  representative selection of professions. The report must be

22  provided to the Legislature by January 31, 1998.

23         Section 147.  Except as otherwise provided herein, this

24  act shall take effect July 1, 1997.

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