SB 1114 — Professional Regulation

476.144, F.S.;

requiring the department to license an applicant who the board certifies is qualified to practice restricted barbering;

amending s.

477.013, F.S.;

revising and providing definitions;

repealing s.

477.0132, F.S., relating to registration for hair braiding, hair wrapping, and body wrapping;

amending s.

477.0135, F.S.;

providing that licensure or registration is not required for persons whose occupation or practice is confined solely to hair braiding, hair wrapping, body wrapping, nail polishing, and makeup application;

amending s.

477.019, F.S.;

conforming provisions;

amending s.

477.0201, F.S.;

providing requirements for registration as a nail specialist, facial specialist, or full specialist;

amending ss.

477.026, 477.0265, and 477.029, F.S.;

conforming provisions;

amending s.

481.203, F.S.;

revising a definition;

amending s.

481.219, F.S.;

revising the process by which a business organization obtains the requisite license to perform architectural services or interior design;

requiring that a licensee or an applicant apply to qualify a business organization to practice architecture or interior design;

providing application requirements;

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 qualifying agent;

authorizing the executive director or the chair of the board to authorize a temporary qualifying agent for a specified timeframe under certain circumstances;

requiring the board to allow an applicant to qualify one or more business organizations or to operate using a fictitious name under certain circumstances;

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;

amending s.

481.221, F.S.;

requiring a business organization to include the license number of a certain registered architect or interior designer in any advertising;

providing an exception;

conforming provisions to changes made by the act;

amending s.

481.229, F.S.;

conforming provisions to changes made by the act;

amending s.

481.303, F.S.;

revising definitions;

amending ss.

481.311 and 481.317, F.S.;

conforming provisions;

amending s.

481.319, F.S.;

deleting the requirement for a certificate of authorization;

authorizing landscape architects to practice through a corporation or partnership;

amending s.

481.321, F.S.;

revising requirements related to the display of a certificate number;

amending s.

481.329, F.S.;

conforming a cross reference;

amending s.

287.055, F.S.;

conforming a provision;

amending s.

548.003, F.S.;

deleting the requirement that the Florida State Boxing Commission adopt rules relating to a knockdown timekeeper;

amending s.

548.017, F.S.;

deleting the licensure requirement for a timekeeper or announcer;

63153 Be It Enacted by the Legislature of the State of Florida:

65155 Section 1. Subsection (4) is added to section 120.565, Florida Statutes, to read:

Section 2. Present2. Subsection subsections(13) (3) through (12) of section 455.213,326.004, Florida Statutes, are redesignated as subsections (4) through (13), respectively, subsection (2) of that section is amended,amended and a new subsection (3) is added to that section, to read:

326.004 Licensing.— (13) Each broker must maintain a principal place of business in this state and may establish branch offices in the state.

A separate license must be maintained for each branch office.

The division shall establish by rule a fee not to exceed $100 for each branch office license.

Section 3. Subsection (3) of section 447.02, Florida Statutes, is amended to read:

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.

Section 4. Section 447.04, Florida Statutes, is repealed.

Section 5. Section 447.041, Florida Statutes, is repealed.

Section 6. Section 447.045, Florida Statutes, is repealed.

Section 7. Section 447.06, Florida Statutes, is repealed.

Section 8. Subsections (6) and (8) of section 447.09, Florida Statutes, are amended to read:

447.09 Right of franchise preserved;

penalties.—It shall be unlawful for any person:

(6) To act as a business agent without having obtained and possessing a valid and subsisting license or permit.

(8) To make any false statement in an application for a license.

Section 9. Section 447.12, Florida Statutes, is repealed.

Section 10. Section 447.16, Florida Statutes, is repealed.

Section 11. Subsection (4) of section 447.305, Florida Statutes, is amended to read:

447.305 Registration of employee organization.— (4) Notification of registrations and renewals of registration shall be furnished at regular intervals by the commission to the Department of Business and Professional Regulation.

Section 12. Present subsections (3) through (12) of section 455.213, Florida Statutes, are redesignated 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:

Section 3. Present13. Present subsections (2) through (8) of section 464.203, Florida Statutes, are redesignated as subsections (3) through (9), respectively, and a new subsection (2) is added to that section, to read:

Section 4. Subsection14. Subsection (4) of section 400.211, Florida Statutes, is amended to read:

282408 Costs associated with this training may not be reimbursed from additional Medicaid funding through interim rate adjustments.

Section 5. This15. Paragraphs act(a) shalland take(e) effectof Julysubsection 1,(2), 2018.subsection (3), paragraph (b) of subsection (4), and subsection (6) of section 469.006, Florida Statutes, are amended to read:

469.006 Licensure of business organizations;

qualifying agents.— (2)(a) If the applicant proposes to engage in consulting or contracting as a partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name, the legal entity must apply for licensure through a qualifying agent or the individual applicant must apply for licensure under the fictitious name of the business organization.

(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 business organization shall, within 45 days after such change occurs, mail the correct information to the department.

(3) The qualifying agent must shall be licensed under this chapter in order for the business organization to be qualified licensed in the category of the business conducted for which the qualifying agent is licensed.

If any qualifying agent ceases to be affiliated with such business organization, the agent shall so inform the department.

In addition, if such qualifying agent is the only licensed individual affiliated with the business organization, the business organization shall notify the department of the termination of the qualifying agent and has shall have 60 days after from the date of termination of the qualifying agent’s affiliation with the business organization in which to employ another qualifying agent.

The business organization may not engage in consulting or contracting until a qualifying agent is employed, unless the department has granted a temporary nonrenewable license to the financially responsible officer, the president, the sole proprietor, a partner, or, in the case of a limited partnership, the general partner, who assumes all responsibilities of a primary qualifying agent for the entity.

This temporary license only allows shall only allow the entity to proceed with incomplete contracts.

(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.

(6) Each qualifying agent shall pay the department an amount equal to the original fee for licensure of a new business organization.

if the qualifying agent for a business organization desires to qualify additional business organizations., The department shall require the agent to present evidence of supervisory ability and financial responsibility of each such organization.

Allowing a licensee to qualify more than one business organization must shall be conditioned upon the licensee showing that the licensee has both the capacity and intent to adequately supervise each business organization.

The department may shall not limit the number of business organizations that which the licensee may qualify except upon the licensee’s failure to provide such information as is required under this subsection or upon a finding that the such information or evidence as is supplied is incomplete or unpersuasive in showing the licensee’s capacity and intent to comply with the requirements of this subsection.

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 the operations of the business organization.

Failure to adequately supervise the operations of a business organization is shall be grounds for denial to qualify additional business organizations.

Section 16. Subsection (1) of section 469.009, Florida Statutes, is amended to read:

469.009 License revocation, suspension, and denial of issuance or renewal.— (1) The department may revoke, suspend, or deny the issuance or renewal of a license;

reprimand, censure, or place on probation any contractor, consultant, or financially responsible officer, or business organization;

require financial restitution to a consumer;

impose an administrative fine not to exceed $5,000 per violation;

require continuing education;

or assess costs associated with any investigation and prosecution if the contractor or consultant, or business organization or officer or agent thereof, is found guilty of any of the following acts:

(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.

(b) Violating any provision of chapter 455.

(c) Failing in any material respect to comply with the provisions of this chapter or any rule promulgated hereunder.

(d) Acting in the capacity of an asbestos contractor or asbestos consultant under any license issued under this chapter except in the name of the licensee as set forth on the issued license.

(e) Proceeding on any job without obtaining all applicable approvals, authorizations, permits, and inspections.

(f) Obtaining a license by fraud or misrepresentation.

(g) 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 asbestos consulting or contracting or the ability to practice asbestos consulting or contracting.

(h) Knowingly violating any building code, lifesafety code, or county or municipal ordinance relating to the practice of asbestos consulting or contracting.

(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.

Financial mismanagement or misconduct occurs when:

1. Valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job;

the contractor has received funds from the customer to pay for the supplies or services;

and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens;

2. The contractor has abandoned a customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned;

or 3. The contractor’s job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer.

(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 provisions of this chapter, or violating a rule or lawful order of the department.

(m) Abandoning an asbestos abatement project in which the asbestos contractor is engaged or under contract as a contractor.

A project may be presumed abandoned after 20 days if the contractor terminates the project without just cause and without proper notification to the owner, including the reason for termination;

if the contractor fails to reasonably secure the project to safeguard the public while work is stopped;

or if the contractor fails to perform work without just cause for 20 days.

(n) Signing a statement with respect to a project or contract falsely indicating that the work is bonded;

falsely indicating that payment has been made for all subcontracted work, labor, and materials which results in a financial loss to the owner, purchaser, or contractor;

or falsely indicating that workers’ compensation and public liability insurance are provided.

(o) Committing fraud or deceit in the practice of asbestos consulting or contracting.

(p) Committing incompetency or misconduct in the practice of asbestos consulting or contracting.

(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.

(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.

(s) Failing to satisfy, within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee’s profession.

587 For the purposes of this subsection, construction is considered to be commenced when the contract is executed and the contractor has accepted funds from the customer or lender.

Section 17. Subsections (2) and (3) of section 476.034, Florida Statutes, are amended, and subsections (6) and (7) are added to that section, to read:

476.034 Definitions.—As used in this act:

(2) “Barbering” means any of the following practices when done for remuneration and for the public, but not when done for the treatment of disease or physical or mental ailments:

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.

(3) “Barbershop” means any place of business wherein the practice of barbering or restricted barbering is carried on.

(6) “Restricted barber” means a person who is licensed to engage in the practice of restricted barbering in this state under the authority of this chapter and is subject to the same requirements and restrictions as a barber, except as specifically provided in s.

476.114.

(7) “Restricted barbering” means any of the following practices when done for remuneration and for the public, but not when done for the treatment of disease or physical or mental ailments:

(a) Hair cutting and styling, including the application of hair tonics and hair spray, but not including the application of other chemical preparations or solutions to the hair;

(b) Full facial shaves;

(c) Mustache and beard trimming;

and (d) Shampooing hair, including the application of shampoos and conditioners, and blow drying the hair.

Section 18. Section 476.114, Florida Statutes, is amended to read:

476.114 Examination;

prerequisites.— (1) A person desiring to be licensed as a barber shall apply to the department for licensure and.

(2) An applicant shall be eligible for licensure by examination to practice barbering if the applicant:

(a) Is at least 16 years of age;

(b) Pays the required application fee;

and (c)1. Holds an active valid license to practice barbering in another state, has held the license for at least 1 year, and does not qualify for licensure by endorsement as provided for in s.

476.144(5);

or 2. Has received a minimum of 1,200 hours of training as established by the board, which shall include, but shall not be limited to, the equivalent of completion of services directly related to the practice of barbering at one of the following:

a. A school of barbering licensed pursuant to chapter 1005;

b. A barbering program within the public school system;

or c. A government-operated barbering program in this state.

641 The board shall establish by rule procedures whereby the school or program may certify that a person is qualified to take the required examination after the completion of a minimum of 1,000 actual school hours.

If the person passes the examination, she or he shall have satisfied this requirement;

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 barber shall apply to the department for licensure and shall be eligible for licensure by examination to practice restricted barbering if the applicant:

(a) Is at least 16 years of age;

(b) Pays the required application fee;

and (c)1. Holds an active valid license to practice barbering in another state, has held the license for at least 1 year, and does not qualify for licensure by endorsement as provided for in s.

476.144(5);

or 2. Has received a minimum of 325 hours of training in sanitation, safety, and laws and rules, as established by the board, which must include, but not be limited to, the equivalent of completion of services directly related to the practice of restricted barbering at one of the following:

a. A school of barbering licensed pursuant to chapter 1005;

b. A barbering program within the public school system;

or c. A government-operated barbering program in this state.

(3) An applicant who meets the requirements set forth in subparagraphs (1)(c)1.

and 2.

subparagraphs (2)(c)1.

and 2.

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.

Before Prior to reexamination, the applicant must file the appropriate form and pay the reexamination fee as required by rule.

Section 19. Subsections (1) and (6) of section 476.144, Florida Statutes, are amended to read:

476.144 Licensure.— (1) The department shall license any applicant who the board certifies is qualified to practice barbering or restricted barbering in this state.

(6) A person may apply for a restricted license to practice barbering.

The board shall adopt rules specifying procedures for an applicant to obtain a restricted license if the applicant:

(a)1. Has successfully completed a restricted barber course, as established by rule of the board, at a school of barbering licensed pursuant to chapter 1005, a barbering program within the public school system, or a government-operated barbering program in this state;

or 2.a. Holds or has within the previous 5 years held an active valid license to practice barbering in another state or country or has held a Florida barbering license which has been declared null and void for failure to renew the license, and the applicant fulfilled the requirements of s.

476.114(2)(c)2.

for initial licensure;

and b. 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.

703 The restricted license shall limit the licensee’s practice to those specific areas in which the applicant has demonstrated competence pursuant to rules adopted by the board.

Section 20. Subsections (6) and (9) of section 477.013, Florida Statutes, are amended to read:

477.013 Definitions.—As used in this chapter:

(6) “Specialty” means the practice of one or more of the following:

(a) “Nail specialty” means manicuring, or the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails, and massaging of the hands.

This term includes any procedure or process for the affixing of artificial nails, except those nails which may be applied solely by use of a simple adhesive;

and.

(b) pedicuring, or the shaping, polishing, tinting, or cleansing of the nails of the feet, and massaging or beautifying of the feet.

(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 definition of nail specialty and facial specialty, including manicuring, pedicuring, and facial services.

(9) “Hair braiding” means the weaving or interweaving of natural human hair or commercial hair, including the use of hair extensions or wefts, for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment and does not include the use of hair extensions or wefts.

Section 21. Section 477.0132, Florida Statutes, is repealed.

Section 22. Subsections (7) through (11) are added to section 477.0135, Florida Statutes, to read:

477.0135 Exemptions.— (7) A license or registration is not required for a person whose occupation or practice is confined solely to hair braiding as defined in s.

477.013(9).

(8) A license or registration is not required for a person whose occupation or practice is confined solely to hair wrapping as defined in s.

477.013(10).

(9) A license or registration is not required for a person whose occupation or practice is confined solely to body wrapping as defined in s.

477.013(12).

(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 person whose occupation or practice is confined solely to makeup application.

Section 23. Paragraph (b) of subsection (7) of section 477.019, Florida Statutes, is amended to read:

477.019 Cosmetologists;

qualifications;

licensure;

supervised practice;

license renewal;

endorsement;

continuing education.— (7) (b) Any person whose occupation or practice is confined solely to hair braiding, hair wrapping, or body wrapping is exempt from the continuing education requirements of this subsection.

Section 24. Present subsections (2) through (6) of section 477.0201, Florida Statutes, are redesignated as subsections (4) through (8), respectively, new subsections (2) and (3) are added to that section, and subsection (1) of that section is amended to read:

477.0201 Specialty registration;

qualifications;

registration renewal;

endorsement.— (1) Any person is qualified for registration as a specialist in a nail any one or more of the specialty practice practices within the practice of cosmetology under this chapter who:

(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 established by the board, which must focus primarily on sanitation and safety and must 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.

477.013(6)(a) 477.013(6) from one of the following:

1. A school licensed pursuant to s.

477.023.

2. A school licensed pursuant to chapter 1005 or the equivalent licensing authority of another state.

3. A specialty program within the public school system.

4. 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.

(2) Any person is qualified for registration as a specialist in a facial specialty practice within the practice of cosmetology under this chapter who:

(a) Is at least 16 years of age or has received a high school diploma.

(b) Has received at least 165 hours of training as established by the board, which must focus on sanitation and safety and must 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:

1. A school licensed pursuant to s.

477.023.

2. A school licensed pursuant to chapter 1005 or the equivalent licensing authority of another state.

3. A specialty program within the public school system.

4. 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.

(3) Any person is qualified for registration as a specialist in a full specialty practice within the practice of cosmetology under this chapter who:

(a) Is at least 16 years of age or has received a high school diploma.

(b) Has received at least 300 hours of training as established by the board, which must focus primarily on sanitation and safety and must include, but not be limited to, the equivalent of completion of services directly related to the practice of full specialty pursuant to s.

477.013(6)(c) from one of the following:

1. A school licensed pursuant to s.

477.023.

2. A school licensed pursuant to chapter 1005 or the equivalent licensing authority of another state.

3. A specialty program within the public school system.

4. 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 25. Paragraph (f) of subsection (1) of section 477.026, Florida Statutes, is amended to read:

477.026 Fees;

disposition.— (1) The board shall set fees according to the following schedule:

(f) For hair braiders, hair wrappers, and body wrappers, fees for registration shall not exceed $25.

Section 26. Paragraph (f) of subsection (1) of section 477.0265, Florida Statutes, is amended to read:

477.0265 Prohibited acts.— (1) It is unlawful for any person to:

(f) Advertise or imply that skin care services or body wrapping, as performed under this chapter, have any relationship to the practice of massage therapy as defined in s.

480.033(3), except those practices or activities defined in s.

477.013.

Section 27. Paragraph (a) of subsection (1) of section 477.029, Florida Statutes, is amended to read:

477.029 Penalty.— (1) It is unlawful for any person to:

(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.

Section 28. Subsection (5) of section 481.203, Florida Statutes, is amended to read:

481.203 Definitions.—As used in this part:

(5) “Business organization” means a partnership, a limited liability company, a corporation, or an individual operating under a fictitious name “Certificate of authorization” means a certificate issued by the department to a corporation or partnership to practice architecture or interior design.

Section 29. Section 481.219, Florida Statutes, is amended to read:

481.219 Business organization;

qualifying agents Certification of partnerships, limited liability companies, and corporations.— (1) A licensee may The practice of or the offer to practice architecture or interior design by licensees through a business organization that offers corporation, limited liability company, or partnership offering architectural or interior design services to the public, or through by a business organization that offers corporation, limited liability company, or partnership offering architectural or interior design services to the public through such licensees under this part as agents, employees, officers, or partners, is permitted, subject to the provisions of this section.

(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.

However, when an individual is practicing architecture in her or his own name, she or he shall not be required to be certified under this section.

Certification under this subsection to offer architectural services shall include all the rights and privileges of certification under subsection (3) to offer interior design services.

(a) An application to qualify a business organization must:

1. If the business is a partnership, state the names of the partnership and its partners.

2. If the business is a corporation, state the names of the corporation and its officers and directors and the name of each of its stockholders who is also an officer or a director.

3. If the business is operating under a fictitious name, state the fictitious name under which it is doing business.

4. 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 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.

(3)(a) A business organization may not engage in the practice of architecture unless its qualifying agent is a registered architect under this part.

A business organization may not engage in the practice of interior design unless its qualifying agent is a registered architect or a registered interior designer under this part.

A qualifying agent who terminates her or his affiliation with a business organization shall immediately notify the department of such termination.

If the qualifying agent who terminates her or his affiliation is the only qualifying agent for a business organization, the business organization must be qualified by another qualifying agent within 60 days after the termination.

Except as provided in paragraph (b), the business organization may not engage in the practice of architecture or interior design until it is qualified by a qualifying agent.

(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 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.

(c) A qualifying agent shall notify the department in writing before engaging in the practice of architecture or interior design in her or his own name or in affiliation with a different business organization, and she or he or such business organization shall supply the same information to the department as required of applicants under this part For the purposes of this section, a certificate of authorization shall be required for a corporation, limited liability company, partnership, or person operating under a fictitious name, offering interior design services to the public jointly or separately.

However, when an individual is practicing interior design in her or his own name, she or he shall not be required to be certified under this section.

(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.

(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.

(6) The department shall issue a certificate of authorization to any applicant who the board certifies as qualified for a certificate of authorization and who has paid the fee set in s.

481.207.

(6)(7) The board shall allow certify an applicant to qualify one or more business organizations as qualified for a certificate of authorization to offer architectural or interior design services, or to use a fictitious name to offer such services, if provided that:

(a) One or more of the principal officers of the corporation or limited liability company, 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 architects, are registered as provided by this part;

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 partnership who act in its behalf in this state as interior designers, are registered as provided by this part.

(8) The department shall adopt rules establishing a procedure for the biennial renewal of certificates of authorization.

(9) The department shall renew a certificate of authorization upon receipt of the renewal application and biennial renewal fee.

(7)(10) Each qualifying agent approved to qualify a business organization partnership, limited liability company, and corporation certified under this section shall notify the department within 30 days after of any change in the information contained in the application upon which the qualification certification is based.

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, 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.

However, except as provided in s.

558.0035, the architect who signs and seals the construction documents and instruments of service is shall be liable for the professional services performed, and the interior designer who signs and seals the interior design drawings, plans, or specifications is shall be liable for the professional services performed.

(12) Disciplinary action against a corporation, limited liability company, or partnership shall be administered in the same manner and on the same grounds as disciplinary action against a registered architect or interior designer, respectively.

(9)(13) Nothing in This section may not shall be construed to mean that a certificate of registration to practice architecture or interior design must shall be held by a business organization corporation, limited liability company, or partnership.

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 company, or partnership otherwise meets the requirements of law.

(10)(14) A business organization that is qualified by a registered architect may use Corporations, limited liability companies, or partnerships holding a valid certificate of authorization to practice architecture shall be permitted to use in their title the term “interior designer” or “registered interior designer” in its title.

designer.” Section 30. Subsection (10) of section 481.221, Florida Statutes, is amended to read:

481.221 Seals;

display of certificate number.— (10) Each registered architect or interior designer must, and each corporation, limited liability company, or partnership holding a certificate of authorization, shall include her or his license its certificate number in any newspaper, telephone directory, or other advertising medium used by the registered licensee.

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 architect, interior designer, corporation, limited liability company, or partnership.

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.

Section 31. Paragraphs (a) and (c) of subsection (5) of section 481.229, Florida Statutes, are amended to read:

481.229 Exceptions;

exemptions from licensure.— (5)(a) Nothing contained in This part does not prohibit shall prevent a registered architect or a qualified business organization partnership, limited liability company, or corporation holding a valid certificate of authorization to provide architectural services from performing any interior design service or from using the title “interior designer” or “registered interior designer.” (c) Notwithstanding any other provision of this part, a registered architect or business organization qualified any corporation, partnership, or person operating under a fictitious name which holds a certificate of authorization to provide architectural services must shall be qualified, without fee, for a certificate of authorization to provide interior design services upon submission of a completed application for qualification therefor.

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 under s.

481.219 shall be deemed to satisfy the requirements for renewal of the certificate of authorization to provide interior design services under that section.

Section 32. Section 481.303, Florida Statutes, is reordered and amended to read:

481.303 Definitions.—As used in this chapter, the term:

(1) “Board” means the Board of Landscape Architecture.

(2) “Business organization” means any partnership, limited liability company, corporation, or individual operating under a fictitious name.

(4)(2) “Department” means the Department of Business and Professional Regulation.

(7)(3) “Registered landscape architect” means a person who holds a license to practice landscape architecture in this state under the authority of this act.

(3)(4) “Certificate of registration” means a license issued by the department to a natural person to engage in the practice of landscape architecture.

(5) “Certificate of authorization” means a license issued by the department to a corporation or partnership to engage in the practice of landscape architecture.

(5)(6) “Landscape architecture” means professional services, including, but not limited to, the following:

(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 development of land and incidental water areas, including the use of Florida-friendly landscaping as defined in s.

373.185, where, and to the extent that, the dominant purpose of such services or creative works is the preservation, conservation, enhancement, or determination of proper land uses, natural land features, ground cover and plantings, or naturalistic and aesthetic values;

(b) The determination of settings, grounds, and approaches for and the siting of buildings and structures, outdoor areas, or other improvements;

(c) The setting of grades, shaping and contouring of land and water forms, determination of drainage, and provision for storm drainage and irrigation systems where such systems are necessary to the purposes outlined herein;

and (d) The design of such tangible objects and features as are necessary to the purpose outlined herein.

(6)(7) “Landscape design” means consultation for and preparation of planting plans drawn for compensation, including specifications and installation details for plant materials, soil amendments, mulches, edging, gravel, and other similar materials.

Such plans may include only recommendations for the conceptual placement of tangible objects for landscape design projects.

Construction documents, details, and specifications for tangible objects and irrigation systems shall be designed or approved by licensed professionals as required by law.

Section 33. Subsection (4) of section 481.311, Florida Statutes, is amended to read:

481.311 Licensure.— (4) The board shall certify as qualified for a certificate of authorization any applicant corporation or partnership who satisfies the requirements of s.

481.319.

Section 34. Subsection (2) of section 481.317, Florida Statutes, is amended to read:

481.317 Temporary certificates.— (2) Upon approval by the board and payment of the fee set in s.

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 named firm has obtained a temporary certificate of registration in accordance with subsection (1).

Section 35. Section 481.319, Florida Statutes, is amended to read:

481.319 Corporate and partnership practice of landscape architecture;

certificate of authorization.— (1) The practice of or offer to practice landscape architecture by registered landscape architects registered under this part through a corporation or partnership offering landscape architectural services to the public, or through a corporation or partnership offering landscape architectural services to the public through individual registered landscape architects as agents, employees, officers, or partners, is permitted, subject to the provisions of this section, if:

(a) One or more of the principal officers of the corporation, or partners of the partnership, and all personnel of the corporation or partnership who act in its behalf as landscape architects in this state are registered landscape architects;

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 certificate of authorization by the board as provided herein.

(2) All documents involving the practice of landscape architecture which are prepared for the use of the corporation or partnership shall bear the signature and seal of a registered landscape architect.

(3) A landscape architect applying to practice in the name of a An applicant corporation must shall file with the department the names and addresses of all officers and board members of the corporation, including the principal officer or officers, duly registered to practice landscape architecture in this state and, also, of all individuals duly registered to practice landscape architecture in this state who shall be in responsible charge of the practice of landscape architecture by the corporation in this state.

A landscape architect applying to practice in the name of a An applicant partnership must shall file with the department the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice landscape architecture in this state and, also, of an individual or individuals duly registered to practice landscape architecture in this state who shall be in responsible charge of the practice of landscape architecture by said partnership in this state.

(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 contained in the application upon which the license is based.

Any landscape architect who terminates her or his or her employment with a partnership or corporation licensed under this part shall notify the department of the termination within 1 month after such termination.

(5) Disciplinary action against a corporation or partnership shall be administered in the same manner and on the same grounds as disciplinary action against a registered landscape architect.

(5)(6) Except as provided in s.

558.0035, the fact that a registered landscape architect practices landscape architecture through a corporation or partnership as provided in this section does not relieve the landscape architect from personal liability for her or his or her professional acts.

Section 36. Subsection (5) of section 481.321, Florida Statutes, is amended to read:

481.321 Seals;

display of certificate number.— (5) Each registered landscape architect must and each corporation or partnership holding a certificate of authorization shall include her or his its certificate number in any newspaper, telephone directory, or other advertising medium used by the registered landscape architect, corporation, or partnership.

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 registered landscape architect architects employed by or practicing with the corporation or partnership.

Section 37. Subsection (5) of section 481.329, Florida Statutes, is amended to read:

481.329 Exceptions;

exemptions from licensure.— (5) This part does not prohibit any person from engaging in the practice of landscape design, as defined in s.

481.303(6) 481.303(7), or from submitting for approval to a governmental agency planting plans that are independent of, or a component of, construction documents that are prepared by a Florida registered professional.

Persons providing landscape design services may shall not use the title, term, or designation “landscape architect,” “landscape architectural,” “landscape architecture,” “L.A.,” “landscape engineering,” or any description tending to convey the impression that she or he is a landscape architect unless she or he is registered as provided in this part.

Section 38. Paragraph (h) of subsection (2) of section 287.055, Florida Statutes, is amended to read:

287.055 Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services;

definitions;

procedures;

contingent fees prohibited;

penalties.— (2) DEFINITIONS.—For purposes of this section:

(h) A “design-build firm” means a partnership, corporation, or other legal entity that:

1. Is certified under s.

489.119 to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent;

or 2. Is certified under s.

471.023 to practice or to offer to practice engineering;

qualified certified under s.

481.219 to practice or to offer to practice architecture;

or qualified certified under s.

481.319 to practice or to offer to practice landscape architecture.

Section 39. Present paragraphs (j) and (k) of subsection (2) of section 548.003, Florida Statutes, are redesignated as paragraphs (i) and (j), respectively, and present paragraph (i) of that subsection is amended, to read:

548.003 Florida State Boxing Commission.— (2) The Florida State Boxing Commission, as created by subsection (1), shall administer the provisions of this chapter.

The commission has authority to adopt rules pursuant to ss.

120.536(1) and 120.54 to implement the provisions of this chapter and to implement each of the duties and responsibilities conferred upon the commission, including, but not limited to:

(i) Designation and duties of a knockdown timekeeper.

Section 40. 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.

A physician approved by the commission must be licensed pursuant to chapter 458 or chapter 459, must maintain an unencumbered license in good standing, and must demonstrate satisfactory medical training or experience in boxing, or a combination of both, to the executive director before working as the ringside physician.

Section 41. This act shall take effect July 1, 2018.