SB 474 — Deregulation of Professions and Occupations
Last action — Laid on Table, refer to CS/HB 1193
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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.
Summary
Deregulation of Professions and Occupations; Citing this act as the “Occupational Freedom and Opportunity Act”; requiring the Department of Highway Safety and Motor Vehicles to waive the requirement to pass the Commercial Driver License Skills Tests for certain servicemembers and veterans; deleting the requirement that a yacht broker maintain a separate license for each branch office; specifying that the failure to repay certain student loans is not considered a failure to perform a statutory or legal obligation for which certain disciplinary action can be taken; revising licensure requirements for engineers who hold specified licenses in another state, etc.
Bill Text
What changed in the latest version
2160 added · 2143 removed2160 line(s) added, 2143 removed.
Florida Senate - 2020 CS for CS for SB 474 By the CommitteesCommittee on CommerceInnovation, Industry, and Tourism;Technology;
and Innovation,Senator Industry,Albritton 580-02430-20 2020474c1 A bill to be entitled An act relating to the deregulation of professions and Technology;occupations;
and Senator Albritton 577-03086-20 2020474c2 A bill to be entitled An act relating to the deregulation of professions and occupations;
20.165, F.S.;
renaming the Board of Architecture and Interior Design as the Board of Architecture within the Department of Business and Professional Regulation;
amending s.
revisingauthorizing the board to establish certain fees for certificates of registration for interior designers;
specifying that such registration is valid for a specified period of time;
authorizing registered interior designers to renew such registration;
revisingdeleting thea numberprovision ofrequiring hoursa of specified coursesnumber theof boardhours mustin requirecertain courses for the renewal of a licenselicense; or certificate of registration;
authoring licensees to complete certain courses online;
481.313, F.S.;
authorizing a landscape architect to receive hour-for-hour credit for certain approved continuing education courses under certain circumstances;
amending s.
requiring such applicant to complete certain training by a specified time after receiving a license;
requiring such applicant to complete certain training by a specified time after receiving a license;
providing a reduction in certain continuing education hours required for certainregistered contractors;
definingpreempting the termregulation “mobileof mobile food dispensing vehicle”;vehicles to the state;
preemptingdefining certainthe regulationterm of mobile food dispensing vehiclesvehicle; to the state;
prohibiting certain entities from prohibiting mobile food dispensing vehicles from operating within the entirety of such entities’ jurisdictions;
providing construction;
amending s.
823.15, F.S.;
authorizing certain persons to implant dogs and cats with specified microchips under certain circumstances;
209203 Be It Enacted by the Legislature of the State of Florida:
211205 Section 1. This act may be cited as the “Occupational Freedom and Opportunity Act.” Section 2. Present2. Paragraph (a) of subsection (4) of section 322.57,20.165, Florida Statutes, is redesignatedamended as subsection (5), and a new subsection (4) is added to thatread: section, to read 322.57 Tests of knowledge concerning specified vehicles;
20.165 Department of Business and Professional Regulation.
There is created a Department of Business and Professional Regulation.
(4)(a) The following boards and programs are established within the Division of Professions:
1. Board of Architecture and Interior Design, created under part I of chapter 481.
2. Florida Board of Auctioneers, created under part VI of chapter 468.
3. Barbers’ Board, created under chapter 476.
4. Florida Building Code Administrators and Inspectors Board, created under part XII of chapter 468.
5. Construction Industry Licensing Board, created under part I of chapter 489.
6. Board of Cosmetology, created under chapter 477.
7. Electrical Contractors’ Licensing Board, created under part II of chapter 489.
8. Board of Employee Leasing Companies, created under part XI of chapter 468.
9. Board of Landscape Architecture, created under part II of chapter 481.
10. Board of Pilot Commissioners, created under chapter 310.
11. Board of Professional Engineers, created under chapter 471.
Show all 160 changed lines (120 more)
12. Board of Professional Geologists, created under chapter 492.
13. Board of Veterinary Medicine, created under chapter 474.
14. Home inspection services licensing program, created under part XV of chapter 468.
15. Mold-related services licensing program, created under part XVI of chapter 468.
Section 3. Present subsection (4) of section 322.57, Florida Statutes, is redesignated as subsection (5), and a new subsection (4) is added to that section, to read 322.57 Tests of knowledge concerning specified vehicles;
Section 3. Subsection4. Subsection (13) of section 326.004, Florida Statutes, is amended to read:
Section 4. Subsection5. Subsection (3) of section 447.02, Florida Statutes, is amended to read:
Section 5. Section6. Section 447.04, Florida Statutes, is repealed.
Section 6. Section7. Section 447.041, Florida Statutes, is repealed.
Section 7. Section8. Section 447.045, Florida Statutes, is repealed.
Section 8. Section9. Section 447.06, Florida Statutes, is repealed.
Section 9. Subsections10. Subsections (6) and (8) of section 447.09, Florida Statutes, are amended to read:
Section 10. Section11. Section 447.12, Florida Statutes, is repealed.
Section 11. Section12. Section 447.16, Florida Statutes, is repealed.
Section 12. Subsection13. Subsection (4) of section 447.305, Florida Statutes, is amended to read:
Section 13. Subsection14. Subsection (14) is added to section 455.213, Florida Statutes, to read:
Section 14. Paragraph15. Paragraph (k) of subsection (1) of section 456.072, Florida Statutes, is amended to read:
Section 15. Section16. Section 456.0721, Florida Statutes, is repealed.
Section 16. Subsection17. Subsection (4) of section 456.074, Florida Statutes, is amended to read:
Section 17. Paragraph18. Paragraph (b) of subsection (7) of section 468.385, Florida Statutes, is amended to read:
Section 18. Paragraph19. Paragraph (f) of subsection (5) of section 468.603, Florida Statutes, is amended to read:
Section 19. Section20. Section 468.613, Florida Statutes, is amended to read:
Section 20. Subsection21. Subsection (3) of section 468.8314, Florida Statutes, is amended to read:
Section 21. Subsection22. Subsection (5) of section 471.015, Florida Statutes, is amended to read:
Section 22. Subsection23. Subsection (7) of section 473.308, Florida Statutes, is amended to read:
2.b. Holds a valid license to practice public accounting issued by another state or territory of the United States but the criteria for issuance of such license did not meet the requirements of subparagraphsub-subparagraph 1.a.;
sub-subparagraph a.;
Section 23. Subsection24. Subsection (6) of section 474.202, Florida Statutes, is amended to read:
Section 24. Paragraph25. Paragraph (b) of subsection (2) of section 474.207, Florida Statutes, is amended to read:
483511 The department shall not issue a license to any applicant who is under investigation in any state or territory of the United States or in the District of Columbia for an act which would constitute a violation of this chapter until the investigation is complete and disciplinary proceedings have been terminated, at which time the provisions of s.
Section 25. Subsection26. Subsection (1) of section 474.217, Florida Statutes, is amended to read:
Section 26. Subsection27. Subsection (2) of section 476.114, Florida Statutes, is amended to read:
535563 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 600 1,000 actual school hours.
Section 27. Subsection28. Subsection (5) of section 476.144, Florida Statutes, is amended to read:
Section 28. Subsection29. Subsection (9) of section 477.013, Florida Statutes, is amended to read:
Section 29. Section30. Section 477.0132, Florida Statutes, is repealed.
Section 30. Subsections31. Subsections (7) through (10) are added to section 477.0135, Florida Statutes, to read:
Section 31. Subsections32. Subsections (6) and (7) of section 477.019, Florida Statutes, are amended to read:
Section 32. Subsection33. Subsection (1) of section 477.0201, Florida Statutes, is amended to read:
Section 33. Paragraph34. Paragraph (f) of subsection (1) of section 477.026, Florida Statutes, is amended to read:
Section 34. Subsection35. Subsection (4) of section 477.0263, Florida Statutes, is amended, and subsection (5) is added to that section, to read:
(5) Hair shampooing, hair cutting, hair arranging, makeup application, nail polish removal, nail filing, nail buffing, and nail cleansing may be performed in a location other than a licensed salon when the service is performed by a person who holds the proper license.
Section 35. Paragraph36. Paragraph (f) of subsection (1) of section 477.0265, Florida Statutes, is amended to read:
Section 36. Paragraph37. Paragraph (a) of subsection (1) of section 477.029, Florida Statutes, is amended to read:
Section 37. Section38. Section 481.201, Florida Statutes, is amended to read:
Section 38. Section39. Section 481.203, Florida Statutes, is amended to read:
(13)(9) “Registered(11)(9) “Registered interior designer” or “interior designer” means a natural person who holds a valid certificate of registration to practice interior design is licensed under this part.
(11)(10) “Nonstructural(12)(10) “Nonstructural element” means an element which does not require structural bracing and which is something other than a load-bearing wall, load-bearing column, or other load bearing element of a building or structure which is essential to the structural integrity of the building.
(12)(11) “Reflected(13)(11) “Reflected ceiling plan” means a ceiling design plan which is laid out as if it were projected downward and which may include lighting and other elements.
Section 39. Paragraph40. Paragraph (a) of subsection (3) of section 481.205, Florida Statutes, is amended to read:
Section 40. Section41. Section 481.207, Florida Statutes, is amended to read:
481.207 Fees.—The481.207 Fees.— (1) The board, by rule, may establish separate fees for architects and registered interior designers, to be paid for applications, examination, reexamination, licensing and renewal, delinquency, reinstatement, and recordmaking and recordkeeping.
The initial nonrefundable fee for registered interior designers may not exceed $75.
The biennial renewal fee for registered interior designers may not exceed $75 $500.
Section(2) The 41. Sectionboard 481.209,may Floridaestablish Statutes,a isfee amendedfor tocertificates read:of registration for interior designers.
Such fee, if established, is not refundable and may not exceed $75.
A certificate of registration is valid for 2 years and a registered interior designer may renew the registration.
The biennial renewal fee may not exceed $75.
Section 42. Section 481.209, Florida Statutes, is amended to read:
903936 Subsequent to October 1, 2000, for the purpose of having the educational qualification required under this subsection accepted by the board, the applicant must complete his or her education at a program, school, or college of interior design whose curriculum has been approved by the board as of the time of completion.
Section 42. Section43. Section 481.213, Florida Statutes, is amended to read:
962995 An architect who is licensed in another state who seeks qualification for license by endorsement under this subsection must complete a class approved by the board on the Florida Building Code.
Section 43. Subsection44. Subsection (1) of section 481.2131, Florida Statutes, is amended to read:
Section 44. Section45. Section 481.215, Florida Statutes, is amended to read:
(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses and certificatescertificate of registration.registrations.
(5) For(5) The architects, the board shall require, by rule adopted pursuant to ss.
120.536(1) and 120.54, 2 a specified number of hours in specialized or advanced courses, approved by the Florida Building Commission, on any portion of the Florida Building Code, adopted pursuant to part IV of chapter 553, relating to the licensee’s respective area of practice.
SuchSection hours46. Section count481.217, towardsFlorida theStatutes, continuingis educationamended hoursto requiredread: under subsection (3).
A licensee may complete the courses required under this subsection online.
Section 45. Section 481.217, Florida Statutes, is amended to read:
Section 46. Section47. Section 481.219, Florida Statutes, is amended to read:
(14) 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.” Section 47. Subsections48. Subsections (5)(1), (3), (5), (7), (10), (11), and (10)(12) of section 481.221, Florida Statutes, are amended to read:
display of certificate number.— (5) No(1) The registereddepartment interiorboard designer shall affix,prescribe, orby permitrule, toone be affixed, her or hismore sealforms orof signatureseals to anybe plan,used specification,by drawing,registered orarchitects otherholding documentvalid whichcertificates depictsof workregistration. which she or he is not competent or registered licensed to perform.
(3) The department board shall adopt a rule prescribing the distinctly different seals to be used by registered interior designers holding valid certificates of registration.
Each registered interior designer shall obtain a seal as prescribed by the department board, and all drawings, plans, specifications, or reports prepared or issued by the registered interior designer and being filed for public record shall bear the signature and seal of the registered interior designer who prepared or approved the document and the date on which they were sealed.
The signature, date, and seal shall be evidence of the authenticity of that to which they are affixed.
Final plans, specifications, or reports prepared or issued by a registered interior designer may be transmitted electronically and may be signed by the registered interior designer, dated, and sealed electronically with the seal in accordance with ss.
668.001 668.006.
(5) No registered interior designer shall affix, or permit to be affixed, her or his seal or signature to any plan, specification, drawing, or other document which depicts work which she or he is not competent or registered licensed to perform.
(7) No registered interior designer shall affix her or his signature or seal to any plans, specifications, or other documents which were not prepared by her or him or under her or his responsible supervising control or by another registered interior designer and reviewed, approved, or modified and adopted by her or him as her or his own work according to rules adopted by the department board.
Section(11) When 48. Sectionthe 481.223,certificate Floridaof Statutes,registration isof amendeda registered architect or interior designer has been revoked or suspended by the board, the registered architect or interior designer shall surrender her or his seal to read:the secretary of the board within a period of 30 days after the revocation or suspension has become effective.
If the certificate of the registered architect or interior designer has been suspended for a period of time, her or his seal shall be returned to her or him upon expiration of the suspension period.
(12) A person may not sign and seal by any means any final plan, specification, or report after her or his certificate of registration has expired or is suspended or revoked.
A registered architect or interior designer whose certificate of registration is suspended or revoked shall, within 30 days after the effective date of the suspension or revocation, surrender her or his seal to the executive director of the board and confirm in writing to the executive director the cancellation of the registered architect’s or interior designer’s electronic signature in accordance with ss.
668.001-668.006.
When a registered architect’s or interior designer’s certificate of registration is suspended for a period of time, her or his seal shall be returned upon expiration of the period of suspension.
Section 49. Section 481.223, Florida Statutes, is amended to read:
Section 49. Section50. Section 481.2251, Florida Statutes, is amended to read:
Section 50. Paragraph51. Paragraph (b) of subsection (5), and subsections (6), and (8) of section 481.229, Florida Statutes, are amended to read:
Section 51. Subsection52. Subsection (1) of section 481.231, Florida Statutes, is amended to read:
Section 52. Section53. Section 481.303, Florida Statutes, is amended to read:
Section 53. Section54. Section 481.310, Florida Statutes, is amended to read:
Section 54. Subsections55. Subsections (3) and (4) of section 481.311, Florida Statutes, are amended, to read:
Section 55. Subsection (4) of section 481.313, Florida Statutes, is amended to read:
481.313 Renewal of license.— (4) The board, by rule adopted pursuant to ss.
120.536(1) and 120.54, shall establish criteria for the approval of continuing education courses and providers, and shall by rule establish criteria for accepting alternative nonclassroom continuing education on an hour-for-hour basis.
A landscape architect shall receive hour-for-hour credit for attending continuing education courses approved by the Landscape Architecture Continuing Education System or another nationally recognized clearinghouse for continuing education that relate to and increase his or her basic knowledge of landscape architecture, as determined by the board, if the landscape architect submits proof satisfactory to the board that such course was approved by the Landscape Architecture Continuing Education System or another nationally recognized clearinghouse for continuing education, along with the syllabus or outline for such course and proof of course attendance.
Within 30 days after receiving a license, the licensee must complete a board-approved 4-hour continuing education course on the Florida Building Code and a 1-hour course on the laws and rules of this state relating to contracting.
The required courses may be completed online.
Within 30 days after receiving a license, the licensee must complete a board-approved 4-hour continuing education course on the Florida Building Code and a 1-hour course on the laws and rules of this state relating to electrical and alarm system contracting.
The required courses may be completed online.
continuing education.— (3)(a) Each(3) Each certificateholder or registrant licensed as a specialty contractor or an alarm system contractor shall provide proof, in a form established by rule of the board, that the certificateholder or registrant has completed at least 711 14 classroom hours of at least 50 minutes each of continuing education courses during each biennium since the issuance or renewal of the certificate or registration.
(b) Each(4) certificateholder(b) Of orthe registrant11 licensed14 asclassroom anhours electricalof contractorcontinuing shalleducation providerequired, proof,at inleast a6 form7 establishedhours bymust rulebe ofon thetechnical board,subjects, that1 thehour certificateholderon orworkers’ registrantcompensation, has1 completedhour aton leastworkplace 11safety, classroom1 hourshour ofon atbusiness leastpractices, 50and minutesfor eachalarm ofsystem continuingcontractors educationand courseselectrical duringcontractors eachengaged bienniumin sincealarm thesystem issuancecontracting, or2 renewalhours ofon thefalse certificatealarm orprevention. registration.
The board shall by rule establish criteria for the approval of continuing education courses and providers and may by rule establish criteria for accepting alternative nonclassroom continuing education on an hour-for-hour basis.
(4) (b)1. For licensed specialty contractors or alarm system contractors, of the 7 14 classroom hours of continuing education required, at least 1 hour 7 hours must be on technical subjects, 1 hour on workers’ compensation, 1 hour on workplace safety, 1 hour on business practices, and for alarm system contractors and electrical contractors engaged in alarm system contracting, 2 hours on false alarm prevention.
2. For licensed electrical contractors, of the minimum 11 classroom hours of continuing education required, at least 7 hours must be on technical subjects, 1 hour on workers’ compensation, 1 hour on workplace safety, and 1 hour on business practices.
Electrical contractors engaged in alarm system contracting must also complete 2 hours on false alarm prevention.
(2) Regulation of mobile food dispensing vehicles involving licenses, registrations, permits, and fees and the regulation of the operation of mobile food dispensing vehicles is preempted to the state.
A municipality, county, or other local governmentalgovernment entity may notnot: require a separate license, registration, or permit other than the license required under s.
(a) Require a separate license, registration, or permit other than the license required under s.
509.251, as a condition for the operation of a mobile food dispensing vehicle within the entity’s jurisdiction.jurisdiction;
A(b) Prohibit municipality, county, or other local governmental entity may not prohibit mobile food dispensing vehicles from operating within the entirety of the entity’s jurisdiction.
(3) This section may not be construed to affect a municipality, county, or other local governmental entity’s authority to regulate the operation of mobile food dispensing vehicles other than the regulations described in subsection (2).
Section 71. Subsection (5)(7) isof added to section 823.15,558.002, Florida Statutes, is amended to read:
823.15 Dogs and cats released from animal shelters or animal control agencies;
sterilization requirement.— (5) Employees, agents, or contractors of a public or private animal shelter, a humane organization, or an animal control agency operated by a humane organization or by a county, municipality, or other incorporated political subdivision may implant dogs and cats with radio frequency identification microchips as part of their work with such public or private animal shelter, humane organization, or animal control agency.
Section 72. Subsection (7) of section 558.002, Florida Statutes, is amended to read:
Section 73. Subsection72. Subsection (3) of section 559.25, Florida Statutes, is amended to read:
Section 74. Paragraphs73. Paragraphs (h) and (k) of subsection (2) of section 287.055, Florida Statutes, are amended to read:
Section 75. Except74. Except as otherwise expressly provided in this act, this act shall take effect July 1, 2020.
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Action History
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Laid on Table, refer to CS/HB 1193
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Substituted CS/HB 1193
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Read 2nd time
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Retained on Special Order Calendar
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Retained on Special Order Calendar
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Retained on Special Order Calendar
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Retained on Special Order Calendar
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Temporarily postponed
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Read 2nd time
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Placed on Special Order Calendar, 03/06/20
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Placed on Calendar, on 2nd reading
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CS/CS/CS by Appropriations read 1st time
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Pending reference review -under Rule 4.7(2) - (Committee Substitute)
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CS/CS/CS by- Appropriations; YEAS 20 NAYS 1
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On Committee agenda-- Appropriations, 02/20/20, 9:00 am, 412 Knott Building
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Now in Appropriations
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CS/CS by Commerce and Tourism read 1st time
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS/CS by Commerce and Tourism; YEAS 4 NAYS 0
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On Committee agenda-- Commerce and Tourism, 02/04/20, 9:00 am, 110 Senate Building
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CS by Innovation, Industry, and Technology read 1st time
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Now in Commerce and Tourism
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Innovation, Industry, and Technology; YEAS 8 NAYS 0
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On Committee agenda-- Innovation, Industry, and Technology, 01/21/20, 2:30 pm, 110 Senate Building
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Introduced
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Referred to Innovation, Industry, and Technology; Commerce and Tourism; Appropriations
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Filed
Sponsors
- Ben Albritton · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on
Sponsors (1)
- Albritton, Ben Republican
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 1 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 20 | 1 | 0 | 0 |
| % of votes cast | 95% | 5% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bean | — | Yea |
| Benacquisto | — | Yea |
| Book | — | Yea |
| Brandes | — | Yea |
| Braynon | — | Yea |
| Flores | — | Yea |
| Gibson | — | Yea |
| Hutson | — | Yea |
| Lee | — | Yea |
| Montford | — | Yea |
| Powell | — | Yea |
| Simmons | — | Yea |
| Stargel | — | Yea |
| Stewart | — | Yea |
| Thurston | — | Yea |
| Simpson | — | Yea |
| Gainer | — | Nay |
| Rouson, Darryl Ervin | Democrat | Yea |
| Bradley, Jennifer | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 0 | 0 | 1 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 4 | 0 | 0 | 1 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Stewart | — | Yea |
| Torres | — | Yea |
| Hutson | — | Not Voting |
| Gruters, Joe | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 2 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 2 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Bracy | — | Yea |
| Braynon | — | Yea |
| Farmer | — | Yea |
| Gibson | — | Yea |
| Benacquisto | — | Yea |
| Simpson | — | Yea |
| Brandes | — | Not Voting |
| Hutson | — | Not Voting |
| Bradley, Jennifer | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 474 do?
- Deregulation of Professions and Occupations; Citing this act as the “Occupational Freedom and Opportunity Act”; requiring the Department of Highway Safety and Motor Vehicles to waive the requirement to pass the Commercial Driver License Skills Tests for certain servicemembers and veterans; deleting the requirement that a yacht broker maintain a separate license for each branch office; specifying that the failure to repay certain student loans is not considered a failure to perform a statutory or legal obligation for which certain disciplinary action can be taken; revising licensure requirements for engineers who hold specified licenses in another state, etc.
- Who sponsors SB 474?
- SB 474 is sponsored by Albritton, Ben (Republican).
- What is the current status of SB 474?
- This bill died with 2020 Regular Session. It reached “In Committee” 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 SB 474?
- Track SB 474 free on One Click Politics — get push/email alerts when it moves.
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