Florida 2018 Regular Session Status: Passed House 1 R cosponsors

HB 1041 — Professional Regulation

Last action — Died in Regulated Industries

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1766 added · 1574 removed

1766 line(s) added, 1574 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 A bill to be entitled An act relating to professional regulation;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 A bill to be entitled An act relating to professional regulation;
requiring the board to use a specified process for the review of an applicant's criminal record to determine the Page 1 of 59 CODING:
requiring the board to use a specified process for the review of an applicant's criminal record to determine the Page 1 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 applicant's eligibility for certain licenses;
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 applicant's eligibility for certain licenses;
authorizing a person to apply for Page 2 of 59 CODING:
authorizing a person to apply for Page 2 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 certification before his or her lawful release from confinement or supervision;
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 certification before his or her lawful release from confinement or supervision;
requiring the Florida Engineering Management Corporation to develop a plan by a date certain for returning regulatory authority over engineers to the Department of Business and Professional Regulation;
providing plan requirements;
requiring that the plan be submitted to the Legislature by a specified date;
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words underlined are additions.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 amending s.
11.45, F.S.;
conforming provisions to changes made by the act;
471.0035, F.S.;
conforming a cross-reference;
amending s.
471.005, F.S.;
conforming provisions to changes made by the act;
amending ss.
471.011, 471.015, 471.017, 471.021, 471.023, and 471.033, F.S.;
conforming provisions to changes made by the act;
repealing s.
471.038, F.S., relating to the Florida Engineers Management Corporation Act;
repealing s.
471.0385, F.S., relating to the effect of a court action finding the Florida Engineering Management Corporation unconstitutional or in violation of antitrust laws;
providing for the transfer of certain rules, duties, balances, funds, and functions of the Florida Engineering Management Corporation to the Department of Business and Professional Regulation by a type two transfer;
amending s.
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requiring the department to license an applicant who the board certifies is qualified to practice restricted barbering;
Words stricken are deletions;
words underlined are additions.
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 requiring the department to license an applicant who the board certifies is qualified to practice restricted barbering;
revising and providing definitions;
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Words stricken are deletions;
words underlined are additions.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 revising and providing definitions;
authorizing the Board of Architecture and Interior Design to deny an application under Page 4 of 59 CODING:
authorizing the Board of Architecture and Interior Design to deny an application under certain circumstances;
providing notice requirements;
prohibiting a business organization from engaging in certain practices until it is qualified by a Page 5 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 certain circumstances;
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 qualifying agent;
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providing notice requirements;
prohibiting a business organization from engaging in certain practices until it is qualified by a qualifying agent;
deleting a requirement for the administration of disciplinary action against a corporation, limited liability company, or partnership conforming provisions to changes made by the act;
deleting a requirement for the administration of disciplinary action against a corporation, limited liability company, or partnership;
conforming provisions to changes made by the act;
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amending s.
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words underlined are additions.
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 amending s.
conforming a cross- reference;
conforming a cross- Page 6 of 66 CODING:
Words stricken are deletions;
words underlined are additions.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 reference;
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amending s.
Words stricken are deletions;
words underlined are additions.
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 amending s.
deleting the requirements for a certificate of authorization for a professional geologist;
deleting the requirements for a certificate of authorization Page 7 of 66 CODING:
Words stricken are deletions;
words underlined are additions.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 for a professional geologist;
447.02 Definitions.—The following terms, when used in this chapter, shall have the meanings ascribed to them in this Page 7 of 59 CODING:
447.02 Definitions.—The following terms, when used in this chapter, shall have the meanings ascribed to them in this section:
(3) The term "department" means the Department of Business and Professional Regulation.
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hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 section:
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 Section 3.
(3) The term "department" means the Department of Business and Professional Regulation.
Section 3.
Effective October 1, 2018, subsections (3) Page 8 of 59 CODING:
Effective October 1, 2018, subsections (3) through (12) of section 455.213, Florida Statutes, are renumbered as subsections (4) through (13), respectively, subsection (2) of that section is amended, and a new subsection Page 9 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 through (12) of section 455.213, Florida Statutes, are renumbered as subsections (4) through (13), respectively, subsection (2) of that section is amended, and a new subsection (3) is added to that section, to read:
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 (3) is added to that section, to read:
Cosmetologist or cosmetology specialist under chapter Page 9 of 59 CODING:
Cosmetologist or cosmetology specialist under chapter 477;
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words underlined are additions.
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 477;
a.
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hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 a.
Electrical contractor.
c.
c.
Electrical contractor.
(b) The criminal history of an applicant for a license specified in paragraph (a) may not be used as grounds for denial of a license if the date of conviction, plea, or adjudication, or the date of sentencing, is more than 5 years before the date of application.
(b)1.
The criminal history of an applicant for a license specified in paragraph (a) may not be used as grounds for denial of a license if the date of conviction, plea, or adjudication, or the date of sentencing, occurred more than 5 years before the date of application.
1.
2.
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489.511(1)(b)1.
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words underlined are additions.
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 489.511(1)(b)1.
The department may not charge an applicant an additional fee for being confined or under supervision.
The department Page 11 of 66 CODING:
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words underlined are additions.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 may not charge an applicant an additional fee for being confined or under supervision.
(d) Each applicable board shall compile a list of crimes that, if committed and regardless of adjudication, do not relate Page 11 of 59 CODING:
(d) Each applicable board shall compile a list of crimes that, if committed and regardless of adjudication, do not relate to the practice of the profession or the ability to practice the profession and do not constitute grounds for denial of a license.
This list shall be made available on the department's Page 12 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 to the practice of the profession or the ability to practice the profession and do not constitute grounds for denial of a license.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 website and be updated annually.
This list shall be made available on the department's website and be updated annually.
certification requirement.— Page 12 of 59 CODING:
certification requirement.— (2)(a)1.
Except as provided in ss.
435.04 and 456.0635, the criminal history of an applicant may not be used as grounds for denial of a certificate to practice as a certified nursing Page 13 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 (2)(a)1.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 assistant if the date of conviction, plea, adjudication, or sentencing, is more than 7 years before the date of the application.
Except as provided in s.
435.04 and s.
456.0635, the criminal history of an applicant may not be used as grounds for denial of a certificate to practice as a certified nursing assistant if the date of conviction, plea, adjudication, or sentencing, is more than 7 years before the date of the application.
Except as provided in s.
Except as provided in ss.
435.04 and s.
435.04 and 456.0635, the criminal history of an applicant may not be used as grounds for failure of a required background screening if the date of conviction, plea, adjudication, or sentencing, is more than 7 years before the date of the application.
456.0635, the criminal history of an applicant may not be used as grounds for failure of a required background screening if the date of conviction, plea, adjudication, or sentencing, is more than 7 years before the date of the application.
If an applicant is unable to appear in person due to Page 13 of 59 CODING:
If an applicant is unable to appear in person due to his or her confinement or supervision, the board must permit the applicant to appear by teleconference or video conference, as appropriate, at any meeting of the board or other hearing by the Page 14 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 his or her confinement or supervision, the board must permit the applicant to appear by teleconference or video conference, as appropriate, at any meeting of the board or other hearing by the department concerning his or her application.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 department concerning his or her application.
The list must identify the crime reported and the date of conviction, plea, adjudication or sentencing for each such certificate application.
The list must identify the crime reported and the date of conviction, plea, adjudication, or sentencing for each such certificate application.
Beginning October 1, 2018, and updated quarterly Page 14 of 59 CODING:
Beginning October 1, 2018, and updated quarterly thereafter, the board shall add to this list each crime used as a basis for denial.
For each crime listed the board must identify the date of conviction, plea, adjudication, or Page 15 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 thereafter, the board shall add to this list each crime used as a basis for denial.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 sentencing.
For each crime listed the board must identify the date of conviction, plea, adjudication, or sentencing.
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4.
Words stricken are deletions;
words underlined are additions.
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 4.
Recognizing changes that place a resident at risk for pressure ulcers and falls.;
Recognizing changes that place a resident at risk for Page 16 of 66 CODING:
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words underlined are additions.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 pressure ulcers and falls.;
(e) A The license, when issued upon application of a business organization, must be in the name of the qualifying agent business organization, and the name of the business Page 16 of 59 CODING:
(e) A The license, when issued upon application of a business organization, must be in the name of the qualifying agent business organization, and the name of the business organization qualifying agent must be noted on the license thereon.
If there is a change in any information that is required to be stated on the application, the qualifying agent Page 17 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 organization qualifying agent must be noted on the license thereon.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 business organization shall, within 45 days after such change occurs, mail the correct information to the department.
If there is a change in any information that is required to be stated on the application, the qualifying agent business organization shall, within 45 days after such change occurs, mail the correct information to the department.
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(4) (b) Upon a favorable determination by the department, after investigation of the financial responsibility, credit, and Page 18 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 (4) (b) Upon a favorable determination by the department, after investigation of the financial responsibility, credit, and business reputation of the qualifying agent and the new business organization, the department shall issue, without any examination, a new license in the qualifying agent's business organization's name, and the name of the business organization qualifying agent shall be noted thereon.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 business reputation of the qualifying agent and the new business organization, the department shall issue, without any examination, a new license in the qualifying agent's business organization's name, and the name of the business organization qualifying agent shall be noted thereon.
A qualification Page 18 of 59 CODING:
A qualification for an additional business organization may be revoked or suspended upon a finding by the department that the licensee has failed in the licensee's responsibility to adequately supervise Page 19 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 for an additional business organization may be revoked or suspended upon a finding by the department that the licensee has failed in the licensee's responsibility to adequately supervise the operations of the business organization.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 the operations of the business organization.
(a) Willfully or deliberately disregarding or violating the health and safety standards of the Occupational Safety and Health Act of 1970, the Construction Safety Act, the National Emission Standards for Asbestos, the Environmental Protection Page 19 of 59 CODING:
(a) Willfully or deliberately disregarding or violating the health and safety standards of the Occupational Safety and Health Act of 1970, the Construction Safety Act, the National Emission Standards for Asbestos, the Environmental Protection Agency Asbestos Abatement Projects Worker Protection Rule, the Florida Statutes or rules promulgated thereunder, or any ordinance enacted by a political subdivision of this state.
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hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 Agency Asbestos Abatement Projects Worker Protection Rule, the Florida Statutes or rules promulgated thereunder, or any ordinance enacted by a political subdivision of this state.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 (b) Violating any provision of chapter 455.
(b) Violating any provision of chapter 455.
(i) Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of asbestos consulting or contracting, if the licensee knows or has reasonable grounds to know that the person or entity was Page 20 of 59 CODING:
(i) Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of asbestos consulting or contracting, if the licensee knows or has reasonable grounds to know that the person or entity was unlicensed.
(j) Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer.
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hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 unlicensed.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 Financial mismanagement or misconduct occurs when:
(j) Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer.
Financial mismanagement or misconduct occurs when:
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(k) Being disciplined by any municipality or county for an act or violation of this chapter.
(l) Failing in any material respect to comply with the Page 22 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 (k) Being disciplined by any municipality or county for an act or violation of this chapter.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 provisions of this chapter, or violating a rule or lawful order of the department.
(l) Failing in any material respect to comply with the provisions of this chapter, or violating a rule or lawful order of the department.
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(q) Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property in the practice of asbestos consulting or contracting.
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hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 (q) Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property in the practice of asbestos consulting or contracting.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 (r) Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under part I of chapter 713 or a notice to contractor under chapter 255 or part I of chapter 713.
(r) Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under part I of chapter 713 or a notice to contractor under chapter 255 or part I of chapter 713.
The Florida Engineering Management Corporation shall develop a detailed plan for the repeal of s.
471.038, Florida Statutes, the termination of the Florida Engineering Management Corporation, and the return of all regulatory functions to the Department of Business and Professional Regulation.
The plan shall address the specific process for and effect of transferring the administrative, investigative, and prosecutorial services for the Board of Professional Engineers from the Florida Engineering Management Corporation to the Department of Business and Professional Regulation, including an outline of the financial impact of such transfer.
The plan shall be submitted to the President of the Senate and the Speaker of the House on or before January 1, 2019.
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hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 Section 17.
Effective July 1, 2020, paragraph (r) of subsection (3) of section 11.45, Florida Statutes, is amended to read:
11.45 Definitions;
duties;
authorities;
reports;
rules.— (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor General may, pursuant to his or her own authority, or at the direction of the Legislative Auditing Committee, conduct audits or other engagements as determined appropriate by the Auditor General of:
(r) The Florida Engineers Management Corporation created pursuant to chapter 471.
Section 18.
Effective July 1, 2020, section 471.0035, Florida Statutes, is amended to read:
471.0035 Instructors in postsecondary educational institutions;
exemption from licensure requirement.—For the sole purpose of teaching the principles and methods of engineering design, notwithstanding the provisions of s.
471.005(6) s.
471.005(7), a person employed by a public postsecondary educational institution, or by an independent postsecondary educational institution licensed or exempt from licensure pursuant to the provisions of chapter 1005, is not required to be licensed under the provisions of this chapter as a professional engineer.
Section 19.
Effective July 1, 2020, subsections (2), (3), and (9) of section 471.005, Florida Statutes, are amended to Page 25 of 66 CODING:
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words underlined are additions.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 read:
471.005 Definitions.—As used in this chapter, the term:
(2) "Board of directors" means the board of directors of the Florida Engineers Management Corporation.
(2)(3) "Certificate of authorization" means a license to practice engineering issued by the board management corporation to a corporation or partnership.
(9) "Management corporation" means the Florida Engineers Management Corporation.
Section 20.
Effective July 1, 2020, subsection (2) of section 471.011, Florida Statutes, is amended to read:
471.011 Fees.— (2) The initial application and examination fee shall not exceed $125 plus the actual per applicant cost to the department management corporation to purchase the examination from the National Council of Examiners for Engineering and Surveying or a similar national organization.
The examination fee shall be in an amount which covers the cost of obtaining and administering the examination and shall be refunded if the applicant is found ineligible to sit for the examination.
The application fee shall be nonrefundable.
Section 21.
Effective July 1, 2020, subsections (1) and (4) of section 471.015, Florida Statutes, are amended to read:
471.015 Licensure.— (1) The board management corporation shall issue a license Page 26 of 66 CODING:
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hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 to any applicant who the board certifies is qualified to practice engineering and who has passed the fundamentals examination and the principles and practice examination.
(4) The board management corporation shall not issue a license by endorsement to any applicant who is under investigation in another state for any act that would constitute a violation of this chapter or of chapter 455 until such time as the investigation is complete and disciplinary proceedings have been terminated.
Section 22.
Effective July 1, 2020, subsection (1) of section 471.017, Florida Statutes, is amended to read:
471.017 Renewal of license.— (1) The board management corporation shall renew a license upon receipt of the renewal application and fee.
Section 23.
Effective July 1, 2020, subsections (1) and (2) of section 471.021, Florida Statutes, are amended to read:
471.021 Engineers and firms of other states;
temporary certificates to practice in Florida.— (1) Upon approval of the board and payment of the fee set in s.
471.011, the board management corporation shall issue a temporary license for work on one specified project in this state for a period not to exceed 1 year to an engineer holding a certificate to practice in another state, provided Florida licensees are similarly permitted to engage in work in such state and provided that the engineer be qualified for licensure Page 27 of 66 CODING:
Words stricken are deletions;
words underlined are additions.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 by endorsement.
(2) Upon approval by the board and payment of the fee set in s.
471.011, the board management corporation shall issue a temporary certificate of authorization for work on one specified project in this state for a period not to exceed 1 year to an out-of-state corporation, partnership, or firm, provided one of the principal officers of the corporation, one of the partners of the partnership, or one of the principals in the fictitiously named firm has obtained a temporary license in accordance with subsection (1).
Section 24.
Effective July 1, 2020, subsection (1) of section 471.023, Florida Statutes, is amended to read:
471.023 Certification of business organizations.— (1) The practice of, or the offer to practice, engineering by licensees or offering engineering services to the public through a business organization, including a partnership, corporation, business trust, or other legal entity or by a business organization, including a corporation, partnership, business trust, or other legal entity offering such services to the public through licensees under this chapter as agents, employees, officers, or partners is permitted only if the business organization possesses a certification issued by the board management corporation pursuant to qualification by the board, subject to the provisions of this chapter.
One or more of the principal officers of the business organization or one or Page 28 of 66 CODING:
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words underlined are additions.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 more partners of the partnership and all personnel of the business organization who act in its behalf as engineers in this state shall be licensed as provided by this chapter.
All final drawings, specifications, plans, reports, or documents involving practices licensed under this chapter which are prepared or approved for the use of the business organization or for public record within the state shall be dated and shall bear the signature and seal of the licensee who prepared or approved them.
Nothing in this section shall be construed to mean that a license to practice engineering shall be held by a business organization.
Nothing herein prohibits business organizations from joining together to offer engineering services to the public, if each business organization otherwise meets the requirements of this section.
No business organization shall be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of its compliance with this section, nor shall any individual practicing engineering be relieved of responsibility for professional services performed by reason of his or her employment or relationship with a business organization.
Section 25.
Effective July 1, 2020, subsection (4) of section 471.033, Florida Statutes, is amended to read:
471.033 Disciplinary proceedings.— (4) The board management corporation shall reissue the license of a disciplined engineer or business upon certification Page 29 of 66 CODING:
Words stricken are deletions;
words underlined are additions.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 by the board that the disciplined person has complied with all of the terms and conditions set forth in the final order.
Section 26.
Effective July 1, 2020, section 471.038, Florida Statutes, is repealed.
Section 27.
Effective July 1, 2020, section 471.0385, Florida Statutes, is repealed.
Section 28.
Effective July 1, 2020, all duties, functions, records, pending issues, existing contracts, administrative authority, administrative rules, and unexpended balances of appropriations, allocations, and other public funds relating to the Florida Engineering Management Corporation are transferred by a type two transfer, as defined in s.
20.06(2), to the Department of Business and Professional Regulation.
Section 29.
shaving, cutting, trimming, coloring, shampooing, arranging, dressing, curling, or waving the hair or beard or applying oils, creams, lotions, or other preparations to the face, scalp, or Page 23 of 59 CODING:
shaving, cutting, trimming, coloring, shampooing, arranging, dressing, curling, or waving the hair or beard or applying oils, creams, lotions, or other preparations to the face, scalp, or neck, either by hand or by mechanical appliances, and includes any services defined as restricted barbering.
Page 30 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 neck, either by hand or by mechanical appliances, and includes any services defined as restricted barbering.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 (3) "Barbershop" means any place of business wherein the practice of barbering or restricted barbering is carried on.
(3) "Barbershop" means any place of business wherein the practice of barbering or restricted barbering is carried on.
Section 17.
Section 30.
Page 24 of 59 CODING:
(2) An applicant shall be eligible for licensure by examination to practice barbering if the applicant:
Page 31 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 (2) An applicant shall be eligible for licensure by examination to practice barbering if the applicant:
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 (a) Is at least 16 years of age;
(a) Is at least 16 years of age;
but if the person fails the examination, she or he shall not be qualified to take the examination again until the completion of the full Page 25 of 59 CODING:
but if the person fails the examination, she or he shall not be qualified to take the examination again until the completion of the full requirements provided by this section.
(2) A person desiring to be licensed as a restricted Page 32 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 requirements provided by this section.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 barber shall apply to the department for licensure and shall be eligible for licensure by examination to practice restricted barbering if the applicant:
(2) A person desiring to be licensed as a restricted barber shall apply to the department for licensure and shall be eligible for licensure by examination to practice restricted barbering if the applicant:
(3) An applicant who meets the requirements set forth in paragraph (1)(c)1.
(3) An applicant who meets the requirements set forth in subparagraph (1)(c)1.
who fails to pass the examination may take subsequent examinations as many times as necessary to pass, except that the board may specify by rule reasonable timeframes for rescheduling the Page 26 of 59 CODING:
who fails to pass the examination may take subsequent examinations as many times as necessary to pass, except that the board may specify by rule reasonable timeframes for rescheduling the examination and additional training requirements for applicants who, after the third attempt, fail to pass the examination.
Page 33 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 examination and additional training requirements for applicants who, after the third attempt, fail to pass the examination.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 Prior to reexamination, the applicant must file the appropriate form and pay the reexamination fee as required by rule.
Prior to reexamination, the applicant must file the appropriate form and pay the reexamination fee as required by rule.
Section 31.
Section 18.
476.114(1)(c)2.
s.
and Page 27 of 59 CODING:
and b.
Has not been disciplined relating to the practice of barbering in the previous 5 years;
and Page 34 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 b.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 (b) Passes a written examination on the laws and rules governing the practice of barbering in Florida, as established by the board.
Has not been disciplined relating to the practice of barbering in the previous 5 years;
and (b) Passes a written examination on the laws and rules governing the practice of barbering in Florida, as established by the board.
Section 19.
Section 32.
(b)(c) "Facial specialty" means facials, or the massaging or treating of the face or scalp with oils, creams, lotions, or Page 28 of 59 CODING:
(b)(c) "Facial specialty" means facials, or the massaging or treating of the face or scalp with oils, creams, lotions, or other preparations, and skin care services.
(c) "Full specialty" means all services within the Page 35 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 other preparations, and skin care services.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 definition of nail specialty and facial specialty, including manicuring, pedicuring, and facial services.
(c) "Full specialty" means all services within the definition of nail specialty and facial specialty, including manicuring, pedicuring, and facial services.
Section 20.
Section 33.
Section 21.
Section 34.
Subsections (7), (8), (9), (10), and (11) are added to section 477.0135, Florida Statutes, to read:
Subsections (7) through (11) are added to section 477.0135, Florida Statutes, to read:
(10) A license or registration is not required for a person whose occupation or practice is confined solely to Page 29 of 59 CODING:
(10) A license or registration is not required for a person whose occupation or practice is confined solely to applying polish to fingernails and toenails.
(11) A license or registration is not required for a Page 36 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 applying polish to fingernails and toenails.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 person whose occupation or practice is confined solely to makeup application.
(11) A license or registration is not required for a person whose occupation or practice is confined solely to makeup application.
Section 35.
Section 22.
Section 23.
Section 36.
(a) Is at least 16 years of age or has received a high Page 30 of 59 CODING:
(a) Is at least 16 years of age or has received a high school diploma.
(b) Has received at least 150 hours of training as Page 37 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 school diploma.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 established by the board, which shall focus primarily on sanitation and safety and shall include, but not be limited to, the equivalent of completion of services directly related to the practice of a nail a certificate of completion in a specialty pursuant to s.
(b) Has received at least 150 hours of training as established by the board, which shall focus primarily on sanitation and safety and shall include, but not be limited to, the equivalent of completion of services directly related to the practice of a nail a certificate of completion in a specialty pursuant to s.
(b) Has received at least 165 hours of training as established by the board, which shall focus on sanitation and safety and shall include, but not be limited to, the equivalent of completion of services directly related to the practice of Page 31 of 59 CODING:
(b) Has received at least 165 hours of training as established by the board, which shall focus on sanitation and safety and shall include, but not be limited to, the equivalent of completion of services directly related to the practice of facial specialty pursuant to s.
477.013(6)(b) from one of the following:
Page 38 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 facial specialty pursuant to s.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 1.
477.013(6)(b) from one of the following:
1.
Page 32 of 59 CODING:
4.
A specialty division within the Cosmetology Division of the Florida School for the Deaf and the Blind, provided the Page 39 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 4.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 training programs comply with minimum curriculum requirements established by the board.
A specialty division within the Cosmetology Division of the Florida School for the Deaf and the Blind, provided the training programs comply with minimum curriculum requirements established by the board.
Section 37.
Section 24.
Section 25.
Section 38.
Section 26.
Section 39.
(a) Hold himself or herself out as a cosmetologist or, specialist, hair wrapper, hair braider, or body wrapper unless Page 33 of 59 CODING:
(a) Hold himself or herself out as a cosmetologist or, specialist, hair wrapper, hair braider, or body wrapper unless duly licensed or registered, or otherwise authorized, as provided in this chapter.
Page 40 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 duly licensed or registered, or otherwise authorized, as provided in this chapter.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 Section 40.
Section 27.
Section 28.
Section 41.
Page 34 of 59 CODING:
(2) If a licensee or an applicant proposes to engage in the practice of architecture or interior design as a business Page 41 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 (2) If a licensee or an applicant proposes to engage in the practice of architecture or interior design as a business organization, the licensee or applicant must apply to qualify the business organization For the purposes of this section, a certificate of authorization shall be required for a corporation, limited liability company, partnership, or person practicing under a fictitious name, offering architectural services to the public jointly or separately.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 organization, the licensee or applicant must apply to qualify the business organization For the purposes of this section, a certificate of authorization shall be required for a corporation, limited liability company, partnership, or person practicing under a fictitious name, offering architectural services to the public jointly or separately.
If the business is not a partnership, a corporation, or operating under a fictitious name, state the name of such other Page 35 of 59 CODING:
If the business is not a partnership, a corporation, or operating under a fictitious name, state the name of such other legal entity and its members.
(b) The board may deny an application to qualify a Page 42 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 legal entity and its members.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 business organization if the applicant or any person required to be named pursuant to paragraph (a) has been involved in past disciplinary actions or on any grounds for which an individual registration may be denied.
(b) The board may deny an application to qualify a business organization if the applicant or any person required to be named pursuant to paragraph (a) has been involved in past disciplinary actions or on any grounds for which an individual registration may be denied.
(b) In the event a qualifying architect or interior designer ceases employment with the business organization, the executive director or the chair of the board may authorize another registered architect or interior designer employed by Page 36 of 59 CODING:
(b) In the event a qualifying architect or interior designer ceases employment with the business organization, the executive director or the chair of the board may authorize another registered architect or interior designer employed by the business organization to temporarily serve as its qualifying agent for a period of no more than 60 days.
The business Page 43 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 the business organization to temporarily serve as its qualifying agent for a period of no more than 60 days.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 organization is not authorized to operate beyond such period under this chapter absent replacement of the qualifying architect or interior designer who has ceased employment.
The business organization is not authorized to operate beyond such period under this chapter absent replacement of the qualifying architect or interior designer who has ceased employment.
(4) All final construction documents and instruments of service which include drawings, specifications, plans, reports, or other papers or documents that involve involving the practice of architecture which are prepared or approved for the use of the business organization corporation, limited liability company, or partnership and filed for public record within the state must shall bear the signature and seal of the licensee who Page 37 of 59 CODING:
(4) All final construction documents and instruments of service which include drawings, specifications, plans, reports, or other papers or documents that involve involving the practice of architecture which are prepared or approved for the use of the business organization corporation, limited liability company, or partnership and filed for public record within the state must shall bear the signature and seal of the licensee who prepared or approved them and the date on which they were sealed.
Page 44 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 prepared or approved them and the date on which they were sealed.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 (5) All drawings, specifications, plans, reports, or other papers or documents prepared or approved for the use of the business organization corporation, limited liability company, or partnership by an interior designer in her or his professional capacity and filed for public record within the state must shall bear the signature and seal of the licensee who prepared or approved them and the date on which they were sealed.
(5) All drawings, specifications, plans, reports, or other papers or documents prepared or approved for the use of the business organization corporation, limited liability company, or partnership by an interior designer in her or his professional capacity and filed for public record within the state must shall bear the signature and seal of the licensee who prepared or approved them and the date on which they were sealed.
or (b) One or more of the principal officers of the Page 38 of 59 CODING:
or (b) One or more of the principal officers of the corporation or one or more partners of the partnership, and all personnel of the corporation, limited liability company, or Page 45 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 corporation or one or more partners of the partnership, and all personnel of the corporation, limited liability company, or partnership who act in its behalf in this state as interior designers, are registered as provided by this part.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 partnership who act in its behalf in this state as interior designers, are registered as provided by this part.
Any registered architect or interior designer who qualifies the business organization shall ensure corporation, limited liability company, or partnership as provided in subsection (7) shall be responsible for ensuring responsible supervising control of projects of the business organization entity and shall notify the department of the upon termination of her or his employment with a business organization qualified partnership, limited liability company, or corporation certified under this section shall notify the department of the termination within 30 days after such Page 39 of 59 CODING:
Any registered architect or interior designer who qualifies the business organization shall ensure corporation, limited liability company, or partnership as provided in subsection (7) shall be responsible for ensuring responsible supervising control of projects of the business organization entity and shall notify the department of the upon termination of her or his employment with a business organization qualified partnership, limited liability company, or corporation certified under this section shall notify the department of the termination within 30 days after such termination.
(8)(11) A business organization is not No corporation, Page 46 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 termination.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 limited liability company, or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of its compliance with this section.
(8)(11) A business organization is not No corporation, limited liability company, or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of its compliance with this section.
Nothing in This section does not prohibit a business organization from offering prohibits corporations, limited liability companies, and partnerships from joining together to offer architectural, engineering, interior design, surveying and mapping, and landscape architectural services, or Page 40 of 59 CODING:
Nothing in This section does not prohibit a business organization from offering prohibits corporations, limited liability companies, and partnerships from joining together to offer architectural, engineering, interior design, surveying and mapping, and landscape architectural services, or any combination of such services, to the public if the business organization, provided that each corporation, limited liability Page 47 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 any combination of such services, to the public if the business organization, provided that each corporation, limited liability company, or partnership otherwise meets the requirements of law.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 company, or partnership otherwise meets the requirements of law.
designer." Section 29.
designer." Section 42.
Each business organization must include the license number of the registered architect or interior designer who serves as the qualifying agent for that business organization in any newspaper, telephone directory, or other advertising medium used by the business organization, but is not required to display the license numbers of other registered architects or interior designers employed by the Page 41 of 59 CODING:
Each business organization must include the license number of the registered architect or interior designer who serves as the qualifying agent for that business organization in any newspaper, telephone directory, or other advertising medium used by the business organization, but is not required to display the license numbers of other registered architects or interior designers employed by the business organization A corporation, limited liability company, or partnership is not required to display the certificate number Page 48 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 business organization A corporation, limited liability company, or partnership is not required to display the certificate number of individual registered architects or interior designers employed by or working within the corporation, limited liability company, or partnership.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 of individual registered architects or interior designers employed by or working within the corporation, limited liability company, or partnership.
Section 30.
Section 43.
For corporations, partnerships, and persons operating under a fictitious name which hold a certificate of authorization to provide interior design Page 42 of 59 CODING:
For corporations, partnerships, and persons operating under a fictitious name which hold a certificate of authorization to provide interior design services, satisfaction of the requirements for renewal of the certificate of authorization to provide architectural services Page 49 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 services, satisfaction of the requirements for renewal of the certificate of authorization to provide architectural services under s.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 under s.
Section 31.
Section 44.
(a) Consultation, investigation, research, planning, design, preparation of drawings, specifications, contract Page 43 of 59 CODING:
(a) Consultation, investigation, research, planning, design, preparation of drawings, specifications, contract documents and reports, responsible construction supervision, or landscape management in connection with the planning and Page 50 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 documents and reports, responsible construction supervision, or landscape management in connection with the planning and development of land and incidental water areas, including the use of Florida-friendly landscaping as defined in s.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 development of land and incidental water areas, including the use of Florida-friendly landscaping as defined in s.
Construction documents, details, and specifications Page 44 of 59 CODING:
Construction documents, details, and specifications for tangible objects and irrigation systems shall be designed or approved by licensed professionals as required by law.
Page 51 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 for tangible objects and irrigation systems shall be designed or approved by licensed professionals as required by law.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 (7) "Qualifying agent" means an owner, officer, or director of the corporation, or partner of the partnership, who is responsible for the supervision, direction, and management of projects of the business organization with which she or he is affiliated and for ensuring that responsible supervising control is being exercised.
(7) "Qualifying agent" means an owner, officer, or director of the corporation, or partner of the partnership, who is responsible for the supervision, direction, and management of projects of the business organization with which she or he is affiliated and for ensuring that responsible supervising control is being exercised.
Section 32.
Section 45.
Section 33.
Section 46.
481.307, the department shall grant a temporary certificate of authorization for work on one specified project in this state for a period not to exceed 1 year to an out-of- state corporation, partnership, or firm, provided one of the Page 45 of 59 CODING:
481.307, the department shall grant a temporary certificate of authorization for work on one specified project in this state for a period not to exceed 1 year to an out-of- state corporation, partnership, or firm, provided one of the principal officers of the corporation, one of the partners of the partnership, or one of the principals in the fictitiously Page 52 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 principal officers of the corporation, one of the partners of the partnership, or one of the principals in the fictitiously named firm has obtained a temporary certificate of registration in accordance with subsection (1).
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 named firm has obtained a temporary certificate of registration in accordance with subsection (1).
Section 34.
Section 47.
and (b) One or more of the officers, one or more of the directors, one or more of the owners of the corporation, or one or more of the partners of the partnership is a registered landscape architect and has applied to be the qualifying agent Page 46 of 59 CODING:
and (b) One or more of the officers, one or more of the directors, one or more of the owners of the corporation, or one or more of the partners of the partnership is a registered landscape architect and has applied to be the qualifying agent for the business organization;
and (c) The corporation or partnership has been issued a Page 53 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 for the business organization;
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 certificate of authorization by the board as provided herein.
and (c) The corporation or partnership has been issued a certificate of authorization by the board as provided herein.
(4) Each landscape architect qualifying a partnership or Page 47 of 59 CODING:
(4) Each landscape architect qualifying a partnership or and corporation licensed under this part must shall notify the department within 1 month after of any change in the information Page 54 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 and corporation licensed under this part must shall notify the department within 1 month after of any change in the information contained in the application upon which the license is based.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 contained in the application upon which the license is based.
Section 35.
Section 48.
A corporation or partnership must is not required Page 48 of 59 CODING:
A corporation or partnership must is not required to display the certificate number numbers of at least one officer, director, owner, or partner who is a individual Page 55 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 to display the certificate number numbers of at least one officer, director, owner, or partner who is a individual registered landscape architect architects employed by or practicing with the corporation or partnership.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 registered landscape architect architects employed by or practicing with the corporation or partnership.
Section 36.
Section 49.
Section 37.
Section 50.
penalties.— Page 49 of 59 CODING:
penalties.— (2) DEFINITIONS.—For purposes of this section:
(h) A "design-build firm" means a partnership, Page 56 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 (2) DEFINITIONS.—For purposes of this section:
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 corporation, or other legal entity that:
(h) A "design-build firm" means a partnership, corporation, or other legal entity that:
Section 38.
Section 51.
the Page 50 of 59 CODING:
the applicant being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in Page 57 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 applicant being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting;
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting;
Page 51 of 59 CODING:
(c) If an applicant is unable to appear in person due to his or her confinement or supervision, the department must Page 58 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 (c) If an applicant is unable to appear in person due to his or her confinement or supervision, the department must permit the applicant to appear by teleconference or video conference, as appropriate, at any meeting or hearing by the department concerning his or her application.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 permit the applicant to appear by teleconference or video conference, as appropriate, at any meeting or hearing by the department concerning his or her application.
(10) The department shall compile a list of crimes that have been used as a basis for denial of a license in the past 2 years, which shall be made available on the department's Page 52 of 59 CODING:
(10) The department shall compile a list of crimes that have been used as a basis for denial of a license in the past 2 years, which shall be made available on the department's website.
Beginning October 1, 2018, and updated quarterly thereafter, the department shall add to this list each crime Page 59 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 website.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 used as a basis for denial.
Beginning October 1, 2018, and updated quarterly thereafter, the department shall add to this list each crime used as a basis for denial.
Section 39.
Section 52.
The examination fee shall be refundable in whole or part if the applicant is found to be ineligible to take any portion of the Page 53 of 59 CODING:
The examination fee shall be refundable in whole or part if the applicant is found to be ineligible to take any portion of the licensure examination.
(3) The initial license fee may shall not exceed $100.
Page 60 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 licensure examination.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 (4) The biennial renewal fee may shall not exceed $150.
(3) The initial license fee may shall not exceed $100.
(4) The biennial renewal fee may shall not exceed $150.
Section 40.
Section 53.
(1) At all times that it offers geological services to the Page 54 of 59 CODING:
(1) At all times that it offers geological services to the public, the firm, corporation, or partnership is qualified by has on file with the department the name and license number of Page 61 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 public, the firm, corporation, or partnership is qualified by has on file with the department the name and license number of one or more individuals who hold a current, active license as a professional geologist in the state and are serving as a geologist of record for the firm, corporation, or partnership.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 one or more individuals who hold a current, active license as a professional geologist in the state and are serving as a geologist of record for the firm, corporation, or partnership.
except that, when an individual is practicing professional geology in her or his own name, she or he shall not be required Page 55 of 59 CODING:
except that, when an individual is practicing professional geology in her or his own name, she or he shall not be required to obtain a certificate of authorization under this section.
Such certificate of authorization shall be renewed every 2 Page 62 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 to obtain a certificate of authorization under this section.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 years.
Such certificate of authorization shall be renewed every 2 years.
The personal liability of a shareholder of a corporation, in her or his capacity as shareholder, may be no greater than that of a shareholder- Page 56 of 59 CODING:
The personal liability of a shareholder of a corporation, in her or his capacity as shareholder, may be no greater than that of a shareholder- employee of a corporation incorporated under chapter 607.
The corporation is liable up to the full value of its property for Page 63 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 employee of a corporation incorporated under chapter 607.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 any negligent acts, wrongful acts, or misconduct committed by any of its officers, agents, or employees while they are engaged on behalf of the corporation in the rendering of professional services.
The corporation is liable up to the full value of its property for any negligent acts, wrongful acts, or misconduct committed by any of its officers, agents, or employees while they are engaged on behalf of the corporation in the rendering of professional services.
Section 41.
Section 54.
Page 57 of 59 CODING:
Section 55.
Section 492.115, Florida Statutes, is amended to read:
Page 64 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 Section 42.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 492.115 Roster of licensed professional geologists.—A roster showing the names and places of business or residence of all licensed professional geologists and all properly qualified firms, corporations, or partnerships practicing holding certificates of authorization to practice professional geology in the state shall be prepared annually by the department.
Section 492.115, Florida Statutes, is amended to read:
492.115 Roster of licensed professional geologists.—A roster showing the names and places of business or residence of all licensed professional geologists and all properly qualified firms, corporations, or partnerships practicing holding certificates of authorization to practice professional geology in the state shall be prepared annually by the department.
Section 43.
Section 56.
Paragraphs (j) and (k) of subsection (2) of section 548.003, Florida Statutes, are redesignated as paragraphs (i) and (j), respectively, and paragraph (i) of that subsection is amended to read:
Paragraph (i) of subsection (2) of section 548.003, Florida Statutes, is amended to read:
Page 58 of 59 CODING:
Section 57.
Subsection (1) of section 548.017, Florida Statutes, is amended to read:
548.017 Participants, managers, and other persons required to have licenses.— Page 65 of 66 CODING:
hb1041-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1041 2018 Section 44.
hb1041-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1041 2018 (1) A participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician, matchmaker, or promoter must be licensed before directly or indirectly acting in such capacity in connection with any match involving a participant.
Subsection (1) of section 548.017, Florida Statutes, is amended to read:
548.017 Participants, managers, and other persons required to have licenses.— (1) A participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician, matchmaker, or promoter must be licensed before directly or indirectly acting in such capacity in connection with any match involving a participant.
Section 45.
Section 58.
Page 59 of 59 CODING:
Page 66 of 66 CODING:
hb1041-02-c2
hb1041-03-c3
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Action History

  1. Died in Regulated Industries

  2. Indefinitely postponed and withdrawn from consideration

  3. Received

  4. Referred to Regulated Industries; Commerce and Tourism; Appropriations; Rules

  5. In Messages

  6. CS passed; YEAS 76 NAYS 36

  7. Read 3rd time -HJ 899, 900

  8. Placed on 3rd reading

  9. Read 2nd time -HJ 834, 835

  10. CS/CS/CS by Judiciary Committee read 1st time -HJ 690, 691

  11. Placed on Special Order Calendar, 03/02/18

  12. Placed on Calendar

  13. Pending review of CS -under Rule 7.18(c)

  14. CS/CS/CS by- Judiciary Committee; YEAS 12 NAYS 6

  15. CS/CS by Commerce Committee read 1st time -HJ 674, 675

  16. PCS on Committee agenda-- Judiciary Committee, 02/27/18, 1:30 pm, Sumner Hall

  17. Now in Judiciary Committee

  18. CS referred to Judiciary Committee

  19. Pending review of CS -under Rule 7.18(c)

  20. CS/CS by- Commerce Committee; YEAS 17 NAYS 8

  21. PCS on Committee agenda-- Commerce Committee, 02/22/18, 9:00 am, Webster Hall

  22. Now in Commerce Committee

  23. Favorable by Appropriations Committee; YEAS 24 NAYS 0

  24. On Committee agenda-- Appropriations Committee, 02/14/18, 9:00 am, Webster Hall

  25. Now in Appropriations Committee

  26. CS by Careers and Competition Subcommittee read 1st time

  27. Pending review of CS under Rule 7.18(c)

  28. CS by Careers and Competition Subcommittee; YEAS 15 NAYS 0

  29. On Committee agenda-- Careers and Competition Subcommittee, 01/30/18, 1:00 pm, Webster Hall

  30. Introduced

  31. Referred to Careers and Competition Subcommittee; Appropriations Committee; Commerce Committee

  32. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 76 Yea · 36 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 563204
Republican 18101
Democrat 2300
Total 763605
% of votes cast 65%31%0%4%
How each member voted (117)
Member Party Vote
Gonzalez — Yea
Alexander — Nay
Grant, J. — Yea
Grant, M. — Yea
Raschein — Yea
Caldwell — Yea
Slosberg — Nay
Clemons — Yea
Smith — Nay
Latvala — Yea
Cortes, B. — Yea
Lee — Nay
Cortes, J. — Nay
Sullivan — Yea
Diaz, M. — Yea
Moraitis — Yea
Watson, B. — Nay
Watson, C. — Nay
Nunez — Yea
Williams — Nay
Fitzenhagen — Yea
Abruzzo — Not Voting
Altman — Not Voting
Ahern — Yea
Asencio — Nay
Ausley — Nay
Beshears — Yea
Bileca — Yea
Brown — Nay
Byrd — Yea
Corcoran — Yea
Cruz — Nay
Cummings — Yea
Diamond — Nay
Donalds — Yea
Drake — Yea
DuBose — Not Voting
Duran — Nay
Eagle — Yea
Edwards-Walpole — Yea
Fant — Yea
Fine — Yea
Fischer — Yea
Geller — Nay
Good — Nay
Goodson — Nay
Hager — Yea
Harrison — Yea
Hardemon — Nay
Ingoglia — Yea
Henry — Nay
Ingram — Yea
Jacquet — Nay
Jacobs — Nay
Jenne — Nay
Killebrew — Yea
Magar — Yea
Mariano — Yea
McGhee — Nay
Mercado — Nay
Metz — Yea
Moskowitz — Not Voting
Newton — Nay
Oliva — Yea
Olszewski — Yea
Payne — Yea
Peters — Yea
Pigman — Yea
Ponder — Yea
Porter — Yea
Pritchett — Nay
Raburn — Yea
Richardson — Nay
Renner — Yea
Rodrigues — Yea
Rommel — Yea
Roth — Yea
Russell — Nay
Santiago — Yea
Shaw — Nay
Silvers — Nay
Spano — Yea
Sprowls — Yea
Stafford — Nay
Stevenson — Yea
Stone — Yea
Toledo — Yea
Trujillo — Yea
White — Yea
Willhite — Nay
Williamson — Yea
La Rosa — Yea
Antone, Bruce Hadley Democrat Yea
Berman, Lori Democrat Nay
Daniels, Kimberly Democrat Nay
Davis, Tracie Democrat Nay
Jones, Shevrin D. "Shev" Democrat Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Not Voting
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Miller, Monique Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Stark, Paula A. Republican Nay
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable (Judiciary Committee)

Passed 12 Yea · 6 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8602
Republican 4001
Total 12603
% of votes cast 57%29%0%14%
How each member voted (21)
Member Party Vote
Alexander — Nay
Fitzenhagen — Yea
Gonzalez — Yea
Cortes, J. — Nay
Moraitis — Not Voting
Slosberg — Nay
Byrd — Yea
Diamond — Not Voting
Geller — Nay
Hager — Yea
Harrison — Yea
Metz — Yea
Pritchett — Nay
Sprowls — Yea
Spano — Yea
Stafford — Nay
Burgess, Danny Republican Yea
Grall, Erin Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Trumbull, Jay Republican Not Voting

Official roll call →

Favorable With Amendment(s) (Commerce Committee)

Passed 17 Yea · 8 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 12604
Republican 5101
Democrat 0100
Total 17805
% of votes cast 57%27%0%17%
How each member voted (30)
Member Party Vote
Clemons — Yea
Rodrigues, R. — Yea
Grant, J. — Yea
Ausley — Nay
Beshears — Yea
Duran — Nay
Eagle — Yea
Edwards-Walpole — Not Voting
Fine — Yea
Geller — Nay
Goodson — Yea
Hager — Not Voting
Ingoglia — Yea
Jenne — Nay
Killebrew — Yea
McGhee — Nay
Moskowitz — Not Voting
Payne — Not Voting
Roth — Yea
Shaw — Nay
Toledo — Yea
La Rosa — Yea
Berman, Lori Democrat Nay
Boyd, Jim Republican Yea
Burgess, Danny Republican Not Voting
Gruters, Joe Republican Yea
Miller, Monique Republican Yea
Stark, Paula A. Republican Nay
Trumbull, Jay Republican Yea
Vacant Republican Yea

Official roll call →

Favorable (Appropriations Committee)

Passed 24 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 19005
Democrat 2000
Republican 3001
Total 24006
% of votes cast 80%0%0%20%
How each member voted (30)
Member Party Vote
Moraitis — Yea
Rodrigues, R. — Yea
Diaz, M. — Yea
Raschein — Yea
Ahern — Yea
Bileca — Yea
Cruz — Not Voting
Cummings — Yea
DuBose — Not Voting
Edwards-Walpole — Yea
Eagle — Yea
Hager — Yea
Ingoglia — Yea
Ingram — Yea
McGhee — Not Voting
Metz — Yea
Moskowitz — Not Voting
Nuñez — Yea
Oliva — Yea
Porter — Not Voting
Richardson — Yea
Sprowls — Yea
Stafford — Yea
Trujillo — Yea
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Albritton, Ben Republican Not Voting
Boyd, Jim Republican Yea
Brodeur, Jason Republican Yea
Stark, Paula A. Republican Yea

Official roll call →

Favorable With Committee Substitute (Careers & Competition Subcommittee)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Republican 3000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Gonzalez — Yea
Alexander — Yea
Ahern — Yea
Ausley — Yea
Beshears — Yea
Fine — Yea
Hardemon — Yea
Harrison — Yea
Jacquet — Yea
Olszewski — Yea
Silvers — Yea
La Rosa — Yea
Albritton, Ben Republican Yea
Gruters, Joe Republican Yea
Perez, Daniel Republican Yea

Official roll call →

Subjects

public-safety environment labor
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Frequently asked questions

Who sponsors HB 1041?
HB 1041 is sponsored by Plakon, Rachel Saunders (Republican).
What is the current status of HB 1041?
This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1041?
Track HB 1041 free on One Click Politics — get push/email alerts when it moves.

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