HB 607 — Industries and Professional Activities

removing continuing education requirementsPage for11 licensureof renewal451 asCODING: a broker, a broker associate, and a sales associate;

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hb607-01-c1 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/HB 607 2026 requirements for licensure renewal as a broker, a broker associate, and a sales associate;

475.25, 475.611, 475.612, 475.614, 475.6145, 475.6147, 475.615, 475.617, 475.6171, 475.618, 475.619, 475.621, 475.6222, 475.6235, 475.624, 475.6245, 475.625, 475.626, Page475.627, 11475.628, of475.629, 449475.630, CODING:and 475.631, F.S.;

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hb607-00 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 HB 607 2026 475.627, 475.628, 475.629, 475.630, and 475.631, F.S.;

requiring that a licenseholder comply withPage certain12 lawsof and451 ordinances;CODING:

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hb607-01-c1 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/HB 607 2026 with certain laws and ordinances;

revising who the department shall certify as qualified for a license by endorsement in the practice of Pagearchitecture; 12 of 449 CODING:

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hb607-00 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 HB 607 2026 architecture;

requiring the Department of Law Enforcement to accept and process certain fingerprints;Page 13 of 451 CODING:

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hb607-01-c1 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/HB 607 2026 fingerprints;

authorizing fingerprints to be submitted through a third-party vendor authorized by Pagethe 13department; of 449 CODING:

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hb607-00 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 HB 607 2026 the department;

20.165 Department of Business and Professional Regulation.—TherePage is14 created a Department of Business451 andCODING: Professional Regulation.

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hb607-01-c1 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/HB 607 2026 Regulation.—There is created a Department of Business and Professional Regulation.

(2) The following divisions of the Department of Business Pageand 14Professional ofRegulation 449are CODING:established:

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hb607-00 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 HB 607 2026 and Professional Regulation are established:

1.Page 15 of 451 CODING:

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hb607-01-c1 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/HB 607 2026 1.

Page(j) 15Division of 449Technology. CODING:

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hb607-00 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 HB 607 2026 (j) Division of Technology.

Florida Building Code Administrators and Inspectors licensingPage program16 Board, created under part XII of chapter451 468.CODING:

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hb607-01-c1 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/HB 607 2026 licensing program Board, created under part XII of chapter 468.

Board of Employee Leasing Companies licensing Pageprogram, 16created under part XI of 449chapter CODING:468.

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hb607-00 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 HB 607 2026 program, created under part XI of chapter 468.

(q)Page The17 Floridaof Building451 Commission,CODING: created under chapter 553.

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hb607-01-c1 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/HB 607 2026 (q) The Florida Building Commission, created under chapter 553.

Page1. 17 of 449 CODING:

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hb607-00 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 HB 607 2026 1.

(b) No more than 3 members' terms expire during the same calendarPage year18 for boards consisting of 9451 toCODING: 12 members.

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hb607-01-c1 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/HB 607 2026 calendar year for boards consisting of 9 to 12 members.

No member Pagemay 18serve for more than the remaining portion of 449a CODING:previous member's unexpired term, plus two consecutive 4-year terms of the member's own appointment thereafter.

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hb607-00 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 HB 607 2026 may serve for more than the remaining portion of a previous member's unexpired term, plus two consecutive 4-year terms of the member's own appointment thereafter.

(5)(8) Notwithstanding any other provision of law, the department shall is authorized to establish uniform application formsPage and19 certificates of licensure451 forCODING: use by the divisions within the department.

However, Nothing in this subsection does not authorize authorizes the department to vary any substantive requirements, duties, or eligibilities for licensure or certification as provided by law.

(6)(9)(a) All employees authorized by the Division of Alcoholic Beverages and Tobacco shall have access to, and shall have the right to inspect, premises licensed by the division, to Page 19 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 collectforms taxes and remitcertificates themof tolicensure thefor officersuse entitledby tothe them,divisions andwithin to examine the booksdepartment. and records of all licensees.

However, Nothing in this subsection does not authorize authorizes the department to vary any substantive requirements, duties, or eligibilities for licensure or certification as provided by law.

(6)(9)(a) All employees authorized by the Division of Alcoholic Beverages and Tobacco shall have access to, and shall have the right to inspect, premises licensed by the division, to collect taxes and remit them to the officers entitled to them, and to examine the books and records of all licensees.

Each officer possesses the full law enforcement powers granted to other peace officers of this state, including the authority to make arrests, carry firearms,Page serve20 court process, and seize contraband and the proceeds of illegal451 activities.CODING:

1.

The primary responsibility of each officer appointed under this section is to investigate, enforce, and prosecute, throughout this the state, violations and violators of parts I and II of chapter 210, part VII of chapter 559, and chapters 561-569, and the rules adopted thereunder, as well as other state laws that the division, all state law enforcement Page 20 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 officers,firearms, orserve beveragecourt enforcementprocess, agentsand areseize specificallycontraband authorizedand tothe enforce.proceeds of illegal activities.

1.

The primary responsibility of each officer appointed under this section is to investigate, enforce, and prosecute, throughout this the state, violations and violators of parts I and II of chapter 210, part VII of chapter 559, and chapters 561-569, and the rules adopted thereunder, as well as other state laws that the division, all state law enforcement officers, or beverage enforcement agents are specifically authorized to enforce.

SectionPage 2.21 of 451 CODING:

Sections 310.011, 310.032, 310.042, 455.2124, 455.2228, 468.384, 468.399, 468.4315, 468.4337, 468.4338, 468.521, 468.522, 468.523, 468.605, 468.8316, 468.8416, 471.0195, 472.007, 472.008, 472.009, 472.017, 472.018, 472.019, 473.303, 474.204, 474.205, 474.206, 475.02, 475.03, 475.04, 475.045, 475.05, 475.10, 476.054, 476.064, 477.015, 481.205, 481.2055, 481.305, 482.243, 489.107, 489.507, 492.103, 499.01211, 559.9221, and 570.81, Florida Statutes, are repealed.

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hb607-00hb607-01-c1 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 HBCS/HB 607 2026 Section 3.2.

Sections 310.011, 310.032, 310.042, 455.2124, 455.2228, 468.384, 468.399, 468.4315, 468.4337, 468.4338, 468.521, 468.522, 468.523, 468.605, 468.8316, 468.8416, 471.0195, 472.007, 472.008, 472.009, 472.017, 472.018, 472.019, 473.303, 474.204, 474.205, 474.206, 475.02, 475.03, 475.04, 475.045, 475.05, 475.10, 476.054, 476.064, 477.015, 481.205, 481.2055, 481.305, 482.243, 489.107, 489.507, 492.103, 499.01211, 559.9221, and 570.81, Florida Statutes, are repealed.

Section 3.

If the agency head is a board, licensing program, or commission or other collegial bodyPage created22 underof s.451 CODING:

20.165(4) or s.

20.43(3)(g), and one or more requested public hearings is scheduled, the board, licensing program, or commission or other collegial body shall conduct at least one of the public hearings itself and may not delegate this responsibility without the consent of those persons requesting the public hearing.

Any material pertinent to the issues under consideration submitted to the agency within 21 days after the date of publication of the notice or submitted to Page 22 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 thebody agencycreated betweenunder thes. date of publication of the notice and the end of the final public hearing shall be considered by the agency and made a part of the record of the rulemaking proceeding.

20.165(4) or s.

20.43(3)(g), and one or more requested public hearings is scheduled, the board, licensing program, or commission or other collegial body shall conduct at least one of the public hearings itself and may not delegate this responsibility without the consent of those persons requesting the public hearing.

Any material pertinent to the issues under consideration submitted to the agency within 21 days after the date of publication of the notice or submitted to the agency between the date of publication of the notice and the end of the final public hearing shall be considered by the agency and made a part of the record of the rulemaking proceeding.

Paragraph (ttt) of subsection (7) of section 212.08,Page Florida23 Statutes,of is451 amendedCODING: to read:

212.08 Sales, rental, use, consumption, distribution, and storage tax;

specified exemptions.—The sale at retail, the rental, the use, the consumption, the distribution, and the storage to be used or consumed in this state of the following are hereby specifically exempt from the tax imposed by this chapter.

(7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any Page 23 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 entity212.08, byFlorida thisStatutes, chapteris doamended not inure to anyread: transaction that is otherwise taxable under this chapter when payment is made by a representative or employee of the entity by any means, including, but not limited to, cash, check, or credit card, even when that representative or employee is subsequently reimbursed by the entity.

212.08 Sales, rental, use, consumption, distribution, and storage tax;

specified exemptions.—The sale at retail, the rental, the use, the consumption, the distribution, and the storage to be used or consumed in this state of the following are hereby specifically exempt from the tax imposed by this chapter.

(7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any entity by this chapter do not inure to any transaction that is otherwise taxable under this chapter when payment is made by a representative or employee of the entity by any means, including, but not limited to, cash, check, or credit card, even when that representative or employee is subsequently reimbursed by the entity.

(ttt)Page Small24 privateof investigative451 agencies.—CODING: 1.

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hb607-01-c1 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/HB 607 2026 (ttt) Small private investigative agencies.— 1.

(I) Employs three or fewer full-time or part-time employees, including those performing services pursuant to an Pageemployee 24leasing ofarrangement 449as CODING:defined in s.

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hb607-00 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 HB 607 2026 employee leasing arrangement as defined in s.

215.5586 My Safe Florida Home Program.—There is establishedPage within25 the Department of Financial451 ServicesCODING: the My Safe Florida Home Program.

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hb607-01-c1 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/HB 607 2026 established within the Department of Financial Services the My Safe Florida Home Program.

It is Pagethe 25intent of 449the CODING:Legislature that, subject to the availability of funds, the My Safe Florida Home Program provide licensed inspectors to perform hurricane mitigation inspections of eligible homes and grants to fund hurricane mitigation projects on those homes.

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hb607-00 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 HB 607 2026 the intent of the Legislature that, subject to the availability of funds, the My Safe Florida Home Program provide licensed inspectors to perform hurricane mitigation inspections of eligible homes and grants to fund hurricane mitigation projects on those homes.

(1) HURRICANE MITIGATION INSPECTIONS.— (f) To qualify for selection by the department as a wind certification entity to provide hurricane mitigation inspections,Page the26 entityof must,451 atCODING: a minimum, meet the following requirements:

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hb607-01-c1 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/HB 607 2026 inspections, the entity must, at a minimum, meet the following requirements:

Paged. 26 of 449 CODING:

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hb607-00 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 HB 607 2026 d.

The fingerprintsPage must27 beof taken451 byCODING: a law enforcement agency, designated examination center, or other department-approved entity.

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hb607-01-c1 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/HB 607 2026 fingerprints must be taken by a law enforcement agency, designated examination center, or other department-approved entity.

215.55871 My Safe Florida Condominium Pilot Program.—There Pageis 27established within the Department of 449Financial CODING:Services the My Safe Florida Condominium Pilot Program to be implemented pursuant to appropriations.

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hb607-00 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 HB 607 2026 is established within the Department of Financial Services the My Safe Florida Condominium Pilot Program to be implemented pursuant to appropriations.

To qualify for selection by the department as a wind certification entity toPage provide28 hurricane mitigation inspections, the entity must, at a minimum, meet all of the451 followingCODING: requirements:

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hb607-01-c1 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/HB 607 2026 to provide hurricane mitigation inspections, the entity must, at a minimum, meet all of the following requirements:

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hb607-00 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 HB 607 2026 d.

FeesPage for29 stateof and451 federalCODING: fingerprint processing shall be borne by the inspector.

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hb607-01-c1 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/HB 607 2026 Fees for state and federal fingerprint processing shall be borne by the inspector.

PageSection 297. of 449 CODING:

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hb607-00 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 HB 607 2026 Section 7.

and after the enclosures have been made so solid, tight, and permanent as toPage prevent30 any sand, mud, gravel, or other material that may be discharged or deposited in them from drifting or escaping through such enclosures, any kind of ballast451 mayCODING: be discharged or deposited within the enclosures.

The enclosures may be constructed of wood, stone, and rock combined, the stone and rocks to be placed on the outside of the wood to a height not less at any point than 2 1/2 feet above high watermark.

Second, a bulkhead may be built by a permanent wharf consisting of Page 30 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 thoroughlyto creosotedprevent pilesany notsand, lessmud, thangravel, 12or inchesother inmaterial diameterthat atmay the butt end, to be drivendischarged close together and to be capped with timber not less than 10 or 14deposited inchesin drift,them boltedfrom todrifting each pile, and one or moreescaping longitudinalthrough stringerssuch toenclosures, beany placedkind on the outside of theballast bulkheadmay andbe securelydischarged anchoredor bydeposited means of iron rods to piles driven within the bulkheads,enclosures. clear rock to be on the inside of the bulkhead, to a height of not less than 2 1/2 feet above high water;

The enclosures may be constructed of wood, stone, and rock combined, the stone and rocks to be placed on the outside of the wood to a height not less at any point than 2 1/2 feet above high watermark.

Second, a bulkhead may be built by a permanent wharf consisting of thoroughly creosoted piles not less than 12 inches in diameter at the butt end, to be driven close together and to be capped with timber not less than 10 or 14 inches drift, bolted to each pile, and one or more longitudinal stringers to be placed on the outside of the bulkhead and securely anchored by means of iron rods to piles driven within the bulkheads, clear rock to be on the inside of the bulkhead, to a height of not less than 2 1/2 feet above high water;

and within this permanent bulkhead so constructed,Page any31 ballastof or451 otherCODING: material may be deposited.

No Such an enclosure, pier, quay, or jetty may not begin shall be begun until the point at which whereat it is to be built shall have been connected by a substantial wharf with a shore or with a permanent wharf;

except that the owners of wharves may at any time, with the consent of the Board of Pilot Commissioners of the Division of Professions of the Department of Business and Professional Regulation, build wharves of clear stone or rock, Page 31 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 orconstructed, creosotedany wallsballast as hereinafter provided, on each side of their wharves from the shore to a point at which the water is not more than 15 feet deep, and when such walls have attained a height of 2 1/2 feet above high watermark and have been securely closed at the deepwater end by stone or creosotedother wallsmaterial of the same height, any kind of ballast may be depositeddeposited. in them.

No Such an enclosure, pier, quay, or jetty may not begin shall be begun until the point at which whereat it is to be built shall have been connected by a substantial wharf with a shore or with a permanent wharf;

except that the owners of wharves may at any time, with the consent of the Board of Pilot Commissioners of the Division of Professions of the Department of Business and Professional Regulation, build wharves of clear stone or rock, or creosoted walls as hereinafter provided, on each side of their wharves from the shore to a point at which the water is not more than 15 feet deep, and when such walls have attained a height of 2 1/2 feet above high watermark and have been securely closed at the deepwater end by stone or creosoted walls of the same height, any kind of ballast may be deposited in them.

and nothing in this chapter shall be so construed as to prevent any person from constructing any wharf or placing any pilings, logs, or lumber in any waters where the personPage would32 haveof heretofore451 hadCODING: the right so to do.

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hb607-01-c1 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/HB 607 2026 person would have heretofore had the right so to do.

general provisions.— (3) The rate-setting process, the issuance of licenses only in numbers deemed necessary or prudent by the department board, and other aspects of the economic regulation of piloting established in this chapter are intended to protect the public Pagefrom 32the adverse effects of 449unrestricted CODING:competition which would result from an unlimited number of licensed pilots being allowed to market their services on the basis of lower prices rather than safety concerns.

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hb607-00 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 HB 607 2026 from the adverse effects of unrestricted competition which would result from an unlimited number of licensed pilots being allowed to market their services on the basis of lower prices rather than safety concerns.

(b)Page Pilots33 mayof not451 unilaterallyCODING: determine the pilotage rates they charge.

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hb607-01-c1 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/HB 607 2026 (b) Pilots may not unilaterally determine the pilotage rates they charge.

Page(d) 33The ofpilot 449or CODING:pilots in a port shall train and compensate all member deputy pilots in that port.

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hb607-00 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 HB 607 2026 (d) The pilot or pilots in a port shall train and compensate all member deputy pilots in that port.

(e) In any instance of a payment or transfer of funds, a request for the payment or transfer of funds, or a contractual obligation assumed in respect to the payment or transfer of funds from a licensee payor to a pilot or group of pilots, or to any legal entity or fund administered or controlled by or under common control with such pilot or group of pilots, the pilot or group of pilots shall provide to the licensee payor, at the time the payment or transfer or request for the payment or transfer is made or the obligation is assumed in respect to the payment or transfer, a detailed accounting of the specific assets, tangiblePage or34 intangible, in which an interest is being directly or indirectly purchased or for which the licensee payor is being granted an interest in return for such payment or transfer of funds451 orCODING: such contractual obligation.

This paragraph does not apply to either payments or transfers of funds if their aggregate amounts are less than $1,000.

As used in this paragraph, "licensee payor" means any current or prospective state pilot or deputy pilot.

Page 34 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 Sectiontangible 9.or intangible, in which an interest is being directly or indirectly purchased or for which the licensee payor is being granted an interest in return for such payment or transfer of funds or such contractual obligation.

This paragraph does not apply to either payments or transfers of funds if their aggregate amounts are less than $1,000.

As used in this paragraph, "licensee payor" means any current or prospective state pilot or deputy pilot.

Section 9.

Except as otherwise provided in this chapter, the department shall provide all legal services necessary in carrying out the provisions of thisPage chapter.35 of 451 CODING:

(2) The department shall hire a person knowledgeable and experienced in matters related to piloting.

Such person shall act for the department on matters of examination and investigation and, when he or she deems it necessary, in the selection of legal counsel qualified in admiralty law.

On an annual basis, the board shall recommend to the department a person knowledgeable and experienced in matters related to Page 35 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 piloting to fill this post,chapter. and the department may accept or reject the recommendation.

(2) The department shall hire a person knowledgeable and experienced in matters related to piloting.

Such person shall act for the department on matters of examination and investigation and, when he or she deems it necessary, in the selection of legal counsel qualified in admiralty law.

On an annual basis, the board shall recommend to the department a person knowledgeable and experienced in matters related to piloting to fill this post, and the department may accept or reject the recommendation.

SectionPage 12.36 of 451 CODING:

Paragraphs (b), (c), and (d) of subsection (1) and subsections (2) and (3) of section 310.071, Florida Statutes, are amended to read:

310.071 Deputy pilot certification.— (1) In addition to meeting other requirements specified in this chapter, each applicant for certification as a deputy pilot must:

(b) Have successfully completed 12 years of formal Page 36 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 education,Section as12. evidenced by a high school diploma or by equivalent evidence thereof that is satisfactory to the department board.

Paragraphs (b), (c), and (d) of subsection (1) and subsections (2) and (3) of section 310.071, Florida Statutes, are amended to read:

310.071 Deputy pilot certification.— (1) In addition to meeting other requirements specified in this chapter, each applicant for certification as a deputy pilot must:

(b) Have successfully completed 12 years of formal education, as evidenced by a high school diploma or by equivalent evidence thereof that is satisfactory to the department board.

To maintain eligibility as a certificated deputy pilot,Page each37 certificated deputy pilot must annually provide documentary proof of having451 satisfactorilyCODING: passed a complete physical examination administered by a licensed physician.

The physician must know the minimum standards and certify that the certificateholder satisfactorily meets the standards.

The standards for certificateholders shall include a drug test.

(d) Have had maritime experience satisfactory to the department before board prior to taking the examination required Page 37 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 underpilot, s.each certificated deputy pilot must annually provide documentary proof of having satisfactorily passed a complete physical examination administered by a licensed physician.

The physician must know the minimum standards and certify that the certificateholder satisfactorily meets the standards.

The standards for certificateholders shall include a drug test.

(d) Have had maritime experience satisfactory to the department before board prior to taking the examination required under s.

At least 2 years of service during the 5-year period immediately preceding the examination as an active first-class unlimited pilot serving on a Great Lakes unlimited master's license;Page 38 of 451 CODING:

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hb607-01-c1 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/HB 607 2026 license;

At least 3 years of experience as a deck watch officer Pageduring 38the 10-year period immediately preceding the examination, 1 year of 449which CODING:in the 5-year period immediately preceding the exam must have been as the commanding officer, executive officer, or operations officer of a United States Navy vessel or a United States Coast Guard vessel of at least 1,600 gross tons, and must currently hold a United States Coast Guard license of at least an unlimited second mate.

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hb607-00 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 HB 607 2026 during the 10-year period immediately preceding the examination, 1 year of which in the 5-year period immediately preceding the exam must have been as the commanding officer, executive officer, or operations officer of a United States Navy vessel or a United States Coast Guard vessel of at least 1,600 gross tons, and must currently hold a United States Coast Guard license of at least an unlimited second mate.

(3) The initial certificate issued to a deputy pilot shall be valid for a period of 12 months, and at the end of this period,Page the39 certificateof shall451 automaticallyCODING: expire and may shall not be renewed.

During this period, the department board shall thoroughly evaluate the deputy pilot's performance for suitability to continue training and shall make appropriate recommendations to the department.

Upon the finding receipt of a favorable evaluation recommendation by the board, the department shall issue a certificate to the deputy pilot, which shall be valid for a period of 2 years.

The certificate may be renewed Page 39 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 onlyperiod, two times, except in the casecertificate ofshall aautomatically fullyexpire licensed pilot who is cross-licensed as a deputy pilot in another port, and providedmay theshall deputynot pilotbe meetsrenewed. the requirements specified for pilots in paragraph (1)(c).

During this period, the department board shall thoroughly evaluate the deputy pilot's performance for suitability to continue training and shall make appropriate recommendations to the department.

Upon the finding receipt of a favorable evaluation recommendation by the board, the department shall issue a certificate to the deputy pilot, which shall be valid for a period of 2 years.

The certificate may be renewed only two times, except in the case of a fully licensed pilot who is cross-licensed as a deputy pilot in another port, and provided the deputy pilot meets the requirements specified for pilots in paragraph (1)(c).

(3) Be in good physical and mental health, as evidenced by documentary proof of having satisfactorily passed a complete physicalPage examination40 administeredof by451 aCODING: licensed physician within the preceding 6 months.

The department board shall adopt rules to establish requirements for passing the physical examination, which rules shall establish minimum standards for the physical or mental capabilities necessary to carry out the professional duties of a licensed state pilot.

Such standards shall include zero tolerance for any controlled substance regulated under chapter 893 unless that individual is under the care of a Page 40 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 physician,physical anexamination advancedadministered practiceby registered nurse, or a licensed physician assistantwithin andthe thatpreceding controlled6 substancemonths. was prescribed by that physician, advanced practice registered nurse, or physician assistant.

The department board shall adopt rules to establish requirements for passing the physical examination, which rules shall establish minimum standards for the physical or mental capabilities necessary to carry out the professional duties of a licensed state pilot.

Such standards shall include zero tolerance for any controlled substance regulated under chapter 893 unless that individual is under the care of a physician, an advanced practice registered nurse, or a physician assistant and that controlled substance was prescribed by that physician, advanced practice registered nurse, or physician assistant.

Further, at the time of application, each applicant must have a valid United States Coast Guard first-class unlimited pilot's license covering all of the waters of the port inPage which41 licenseof as451 aCODING: state pilot is desired and must have successfully completed the department-approved board-approved deputy pilot training program in the port in which license as a state pilot is desired.

Section 14.

Section 310.075, Florida Statutes, is amended to read:

310.075 Deputy pilot training program.—The licensed state pilots in each port shall submit to the department board for its Page 41 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 approvalin which license as a deputystate pilot trainingis programdesired ofand notmust lesshave thansuccessfully 2completed years'the duration,department-approved applicableboard-approved todeputy allpilot deputytraining pilotsprogram appointedin tothe serveport atin suchwhich port.license as a state pilot is desired.

Section 14.

Section 310.075, Florida Statutes, is amended to read:

310.075 Deputy pilot training program.—The licensed state pilots in each port shall submit to the department board for its approval a deputy pilot training program of not less than 2 years' duration, applicable to all deputy pilots appointed to serve at such port.

(b) The observer trainee must obtain a valid United States Coast Guard first-class unlimited pilot's license covering all of the waters of the port before the department board may authorize him or her to pilot vessels within the limits and specificationsPage established42 by the licensed state pilots of the451 port.CODING:

(2) Upon completion of the observer-trainee period, the deputy pilot must submit to the department board a deputy pilot vessel handling form for each vessel upon which he or she has accompanied a licensed state pilot.

Each such form must be signed by the pilot in charge who accompanied the deputy pilot and must accurately recite:

Page 42 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 (a)specifications Theestablished vessel'sby registry,the length,licensed grossstate tonnage,pilots andof draft;the port.

(2) Upon completion of the observer-trainee period, the deputy pilot must submit to the department board a deputy pilot vessel handling form for each vessel upon which he or she has accompanied a licensed state pilot.

Each such form must be signed by the pilot in charge who accompanied the deputy pilot and must accurately recite:

(a) The vessel's registry, length, gross tonnage, and draft;

(3) Each request to increase the limits and specifications under which a deputy pilot is authorized to pilot must be submitted to the department board and must be accompanied by a deputy pilot vessel handling form as provided in subsection (2) for each vessel the deputy pilot has piloted since his or her limits and specifications were last increased by the department board.Page 43 of 451 CODING:

(4) For successful completion of the deputy pilot training program, a deputy pilot must have gradually been increased in his or her authorized limits and specifications until the deputy pilot has been authorized by the department board to pilot vessels with a maximum draft of not more than 3 feet less than the normal maximum draft allowable in the port in which the deputy pilot is authorized to pilot, as proposed by the licensed Page 43 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 state pilots in that port and approved by the department board.

(4) For successful completion of the deputy pilot training program, a deputy pilot must have gradually been increased in his or her authorized limits and specifications until the deputy pilot has been authorized by the department board to pilot vessels with a maximum draft of not more than 3 feet less than the normal maximum draft allowable in the port in which the deputy pilot is authorized to pilot, as proposed by the licensed state pilots in that port and approved by the department board.

However, the number of pilots appointed and licensed by the department may shall not exceed the number providedPage for44 inof s.451 CODING:

310.061.

(2) The department shall similarly examine persons who file applications for certificate as deputy pilot, and, if upon examination to determine proficiency the department finds them qualified, the department must certify as qualified all applicants who pass the examination, provided that not more than five persons who passed the examination are certified for each declared opening.

If more than five applicants per opening pass Page 44 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 theprovided examination,for thein personss. having the highest scores must be certified as qualified up to the number of openings times five.

310.061.

(2) The department shall similarly examine persons who file applications for certificate as deputy pilot, and, if upon examination to determine proficiency the department finds them qualified, the department must certify as qualified all applicants who pass the examination, provided that not more than five persons who passed the examination are certified for each declared opening.

If more than five applicants per opening pass the examination, the persons having the highest scores must be certified as qualified up to the number of openings times five.

The department board shall adopt rules to establish requirements for passing the physical examination,Page which45 rules shall establish minimum standards for the physical or mental capabilities necessary to carry out the professional duties of a451 licensedCODING: state pilot or a certificated deputy pilot.

Such standards shall include zero tolerance for any controlled substance regulated under chapter 893 unless that individual is under the care of a physician, an advanced practice registered nurse, or a physician assistant and that controlled substance was prescribed by that physician, advanced Page 45 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 practiceexamination, registeredwhich nurse,rules shall establish minimum standards for the physical or physicianmental assistant.capabilities necessary to carry out the professional duties of a licensed state pilot or a certificated deputy pilot.

Such standards shall include zero tolerance for any controlled substance regulated under chapter 893 unless that individual is under the care of a physician, an advanced practice registered nurse, or a physician assistant and that controlled substance was prescribed by that physician, advanced practice registered nurse, or physician assistant.

UponPage resignation46 or in the case of disability451 permanentlyCODING: affecting a pilot's ability to serve, the state license or certificate issued under this chapter shall be revoked by the department.

Section 16.

Paragraphs (d), (g), and (h) of subsection (1) and subsections (2), (3), and (4) of section 310.101, Florida Statutes, are amended to read:

310.101 Grounds for disciplinary action by the department Page 46 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 board.—Upon (1)resignation Anyor actin the case of misconduct,disability inattentionpermanently affecting a pilot's ability to duty,serve, negligence,the state license or incompetence;certificate issued under this chapter shall be revoked by the department.

Section 16.

Paragraphs (d), (g), and (h) of subsection (1) and subsections (2), (3), and (4) of section 310.101, Florida Statutes, are amended to read:

310.101 Grounds for disciplinary action by the department board.— (1) Any act of misconduct, inattention to duty, negligence, or incompetence;

(g) Making or filing, or inducing another person to make or file, a report which the pilot knows to be false or intentionallyPage or47 negligently failing to file, or willfully impeding or obstructing the filing of, a report or record required by state law or by rule of the451 boardCODING: or the department.

Such reports or records include only those which are signed by the pilot in his or her capacity as a licensed state pilot or certificated deputy pilot.

(h) Being unable to perform the duties of a pilot with reasonable skill and safety by reason of illness or use of Page 47 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 alcohol,intentionally drugs,or narcotics,negligently chemicals,failing orto anyfile, otheror typewillfully ofimpeding material or asobstructing athe resultfiling ofof, anya mentalreport or physicalrecord conditionrequired suchby as,state butlaw notor limitedby to,rule poorof eyesightthe orboard hearing, heart disease, or diabetes.the department.

Such reports or records include only those which are signed by the pilot in his or her capacity as a licensed state pilot or certificated deputy pilot.

(h) Being unable to perform the duties of a pilot with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition such as, but not limited to, poor eyesight or hearing, heart disease, or diabetes.

A licensed state pilot or certificated deputy pilot affected under this paragraph must be afforded, at reasonable intervals, an opportunity to demonstrate that he or shePage can48 resume the competent practice of piloting451 withCODING: reasonable skill and safety.

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hb607-01-c1 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/HB 607 2026 she can resume the competent practice of piloting with reasonable skill and safety.

Page(c) 48Restricting the practice of 449the CODING:violator.

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hb607-00 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 HB 607 2026 (c) Restricting the practice of the violator.

(4) In any foreign vessel or foreign trading vessel movement that an individual holding a state pilot license or deputy pilot certificate is engaged in directing, whether movement of the vessel in or out of the port or movement in close proximity to a dock or any other movement undertaken in furtherance of his or her piloting duties, such individual is operating under the authority of his or her state license or certificate and is accountable to the department board for his Page 49 of 449451 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 (4) In any foreign vessel or foreign trading vessel movement that an individual holding a state pilot license or deputy pilot certificate is engaged in directing, whether movement of the vessel in or out of the port or movement in close proximity to a dock or any other movement undertaken in furtherance of his or her piloting duties, such individual is operating under the authority of his or her state license or certificate and is accountable to the department board for his or her actions.

(6) A consultant, licensee, or approved treatment provider who makes a disclosure pursuant to this section is not subject toPage civil50 liabilityof for451 suchCODING: disclosure or its consequences.

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hb607-01-c1 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/HB 607 2026 to civil liability for such disclosure or its consequences.

310.111 Marine incident reports.—Each collision, Pagegrounding, 50stranding, or other marine peril sustained or caused by a vessel on which there was employed a licensed state pilot or certificated deputy pilot shall be reported to the department office of 449the CODING:board or the piloting consultant within 48 hours after of the occurrence.

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hb607-00 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 HB 607 2026 grounding, stranding, or other marine peril sustained or caused by a vessel on which there was employed a licensed state pilot or certificated deputy pilot shall be reported to the department office of the board or the piloting consultant within 48 hours after of the occurrence.

(a)Page A51 feeof not451 toCODING: exceed $300 for each application for licensure as a state pilot or certification as a deputy pilot.

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hb607-01-c1 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/HB 607 2026 (a) A fee not to exceed $300 for each application for licensure as a state pilot or certification as a deputy pilot.

(2) The department shall assess and collect biennially from each licensed state pilot and each certificated deputy Pagepilot 51a fee, not to exceed $200 in the case of 449a CODING:licensed state pilot or $100 in the case of a certificated deputy pilot, such fees to be set by the department board.

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hb607-00 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 HB 607 2026 pilot a fee, not to exceed $200 in the case of a licensed state pilot or $100 in the case of a certificated deputy pilot, such fees to be set by the department board.

The department shall by rule set a procedure for verifying the amount of pilotage at each portPage and52 mayof charge451 costsCODING: to the appropriate port if the port does not comply with such procedure.

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hb607-01-c1 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/HB 607 2026 port and may charge costs to the appropriate port if the port does not comply with such procedure.

Marys, Georgia, for reciprocal pilotage of vessels in the Pageboundary 52waters ofand 449tributaries CODING:of St.

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hb607-00 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 HB 607 2026 boundary waters and tributaries of St.

two board members who are licensed state pilots actively practicing their profession, who shall be appointed by majority vote of the licensed state pilots servingPage on53 theof board;451 CODING:

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hb607-01-c1 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/HB 607 2026 serving on the board;

112.3143(4) if participating in any matter Pagethat 53would ofresult 449in CODING:special private gain or loss as described in that subsection.

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hb607-00 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 HB 607 2026 that would result in special private gain or loss as described in that subsection.

310.183 Immediate inactivation of license or certificate for certain violations.—The department shall issue an emergency orderPage placing54 on inactive status, for a period not to exceed 15 days, the license of any451 pilotCODING: or certificate of any deputy pilot who, while providing piloting services, is involved in a marine incident that results in the death of a human or, as determined by rule of the board, substantial physical injury to a human or significant property or environmental damage, unless the department determines that the incident is clearly not the result of the actions of the pilot or deputy pilot.

Page 54 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 Sectionorder 24.placing on inactive status, for a period not to exceed 15 days, the license of any pilot or certificate of any deputy pilot who, while providing piloting services, is involved in a marine incident that results in the death of a human or, as determined by rule of the board, substantial physical injury to a human or significant property or environmental damage, unless the department determines that the incident is clearly not the result of the actions of the pilot or deputy pilot.

Section 24.

326.006 Powers and duties of division.— (3) All fees must be deposited in the Professional RegulationPage Division55 of Florida451 Condominiums,CODING: Timeshares, and Mobile Homes Trust Fund as provided by law.

Section 27.

Paragraph (a) of subsection (3) of section 376.303, Florida Statutes, is amended to read:

376.303 Powers and duties of the Department of Environmental Protection.— (3) INSPECTION OF POLLUTANT STORAGE TANKS.— (a) The department may inspect the installation of any Page 55 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 pollutantRegulation storageDivision tank.of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund as provided by law.

Section 27.

Paragraph (a) of subsection (3) of section 376.303, Florida Statutes, is amended to read:

376.303 Powers and duties of the Department of Environmental Protection.— (3) INSPECTION OF POLLUTANT STORAGE TANKS.— (a) The department may inspect the installation of any pollutant storage tank.

regulation.—Page (3)56 DUTIESof AND451 POWERSCODING: OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.—The department shall:

(n) Regulate and permit maintenance entities for performance-based treatment systems and aerobic treatment unit systems.

To ensure systems are maintained and operated according to manufacturer's specifications and designs, the department shall establish by rule minimum qualifying criteria for Page 56 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 maintenanceregulation.— entities.(3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.—The department shall:

(n) Regulate and permit maintenance entities for performance-based treatment systems and aerobic treatment unit systems.

To ensure systems are maintained and operated according to manufacturer's specifications and designs, the department shall establish by rule minimum qualifying criteria for maintenance entities.

489.105(3) to have any additional license for work in water distribution systems or domestic wastewater collection systems.Page 57 of 451 CODING:

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hb607-01-c1 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/HB 607 2026 systems.

The Department of Business and Professional Regulation Board of PageLandscape 57Architecture shall establish appropriate standards and continuing legal education requirements to assure the competence of 449licensees CODING:to conduct the activities authorized under ss.

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hb607-00 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 HB 607 2026 Landscape Architecture shall establish appropriate standards and continuing legal education requirements to assure the competence of licensees to conduct the activities authorized under ss.

(19)(a)Page "Employer"58 means the state and all political subdivisions thereof, all public and quasi-public corporations therein, every person carrying on any employment, and the legal representative of a451 deceasedCODING: person or the receiver or trustees of any person.

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hb607-01-c1 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/HB 607 2026 (19)(a) "Employer" means the state and all political subdivisions thereof, all public and quasi-public corporations therein, every person carrying on any employment, and the legal representative of a deceased person or the receiver or trustees of any person.

If the employer is a corporation, parties in actual Pagecontrol 58 of 449the CODING:corporation, including, but not limited to, the president, officers who exercise broad corporate powers, directors, and all shareholders who directly or indirectly own a controlling interest in the corporation, are considered the employer for the purposes of ss.

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hb607-00 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 HB 607 2026 control of the corporation, including, but not limited to, the president, officers who exercise broad corporate powers, directors, and all shareholders who directly or indirectly own a controlling interest in the corporation, are considered the employer for the purposes of ss.

Section 455.203, Florida Statutes, is amended toPage read:59 of 451 CODING:

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hb607-01-c1 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/HB 607 2026 to read:

however, the department may issue up to a 4-year license to selected licensees Pagenotwithstanding 59any other provisions of 449law CODING:to the contrary.

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hb607-00 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 HB 607 2026 notwithstanding any other provisions of law to the contrary.

(6) Establish by rule procedures by which the department shall use the expert or technical advice of the appropriate boardPage for60 the purposes of investigation,451 inspection,CODING: evaluation of applications, other duties of the department, or any other areas the department may deem appropriate.

(7) Require all proceedings of any board or panel thereof and all formal or informal proceedings conducted by the department, an administrative law judge, or a hearing officer with respect to licensing or discipline to be electronically recorded in a manner sufficient to assure the accurate Page 60 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 transcriptionboard for the purposes of allinvestigation, mattersinspection, soevaluation recorded.of applications, other duties of the department, or any other areas the department may deem appropriate.

(7) Require all proceedings of any board or panel thereof and all formal or informal proceedings conducted by the department, an administrative law judge, or a hearing officer with respect to licensing or discipline to be electronically recorded in a manner sufficient to assure the accurate transcription of all matters so recorded.

The department shall issue or reinstate the license without additional charge to the licensee when notified by the court or the Department of Revenue that the licensee has complied with thePage terms61 of the451 supportCODING: order.

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hb607-01-c1 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/HB 607 2026 the terms of the support order.

and (b) Approve applications for professional licenses that Pagemeet 61all ofstatutory 449and CODING:rule requirements for licensure.

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hb607-00 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 HB 607 2026 meet all statutory and rule requirements for licensure.

(9) Each board, or the department when there is no board, may, by rule, impose reasonable conditions, excluding full reexamination but including part of a national examination or a special purpose examination to assess current competency, necessary to ensure that a licensee who has been on inactive status for more than one two consecutive biennial licensure cycle cycles and who applies for active status can practice with the care and skill sufficient to protect the health, safety, and welfarePage 62 of the451 public.CODING:

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hb607-01-c1 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/HB 607 2026 welfare of the public.

PageSection 6236. of 449 CODING:

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hb607-00 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 HB 607 2026 Section 36.

(5)Page Each63 apprentice application and license shall name a licensed auctioneer who has agreed to serve as the supervisor of the451 apprentice.CODING:

An No apprentice may not conduct, or contract to conduct, an auction without the express approval of his or her supervisor.

The supervisor shall regularly review the apprentice's records, which are required by the department board to be maintained, to determine whether if such records are accurate and current.

Page 63 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 (6)(5) AEach Noapprentice personapplication mayand notlicense shall bename a licensed asauctioneer anwho auctioneerhas unlessagreed heto orserve she:as the supervisor of the apprentice.

An No apprentice may not conduct, or contract to conduct, an auction without the express approval of his or her supervisor.

The supervisor shall regularly review the apprentice's records, which are required by the department board to be maintained, to determine whether if such records are accurate and current.

(6) A No person may not shall be licensed as an auctioneer unless he or she:

An Each application for licensure must shallPage include64 the names of the451 ownerCODING: and the business, the business mailing address and location, and any other information which the department board may require.

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hb607-01-c1 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/HB 607 2026 shall include the names of the owner and the business, the business mailing address and location, and any other information which the department board may require.

468.3851 Renewal of license.— Page(2) 64The department shall adopt a procedure for the biennial renewal of 449licenses CODING:every 4 years.

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hb607-00 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 HB 607 2026 (2) The department shall adopt a procedure for the biennial renewal of licenses every 4 years.

(3) An apprentice must actively participate in auction sales as required by department board rule, and a record of each auction for which participation credit is claimed must be made asPage required65 byof department451 boardCODING: rule.

(4) Apprentices are prohibited from conducting any auction without the prior express written consent of the sponsor.

The apprentice's sponsor must be present at the auction site at any time the apprentice is actively participating in the conduct of the auction.

If the apprentice's sponsor cannot attend a particular auction, the sponsor may appoint a qualified auctioneer who meets the requirements of department board rule Page 65 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 toas attendrequired theby auctiondepartment inboard hisrule. or her place.

(4) Apprentices are prohibited from conducting any auction without the prior express written consent of the sponsor.

The apprentice's sponsor must be present at the auction site at any time the apprentice is actively participating in the conduct of the auction.

If the apprentice's sponsor cannot attend a particular auction, the sponsor may appoint a qualified auctioneer who meets the requirements of department board rule to attend the auction in his or her place.

Section 468.387, Florida Statutes, is amended toPage read:66 of 451 CODING:

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hb607-01-c1 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/HB 607 2026 to read:

468.385(3) and holds a valid license to practice auctioneering in another state, Pageprovided 66that ofthe 449requirements CODING:for licensure in that state are substantially equivalent to or more stringent than those existing in this state.

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hb607-00 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 HB 607 2026 provided that the requirements for licensure in that state are substantially equivalent to or more stringent than those existing in this state.

The auction business may delegate in whole, or in part, different aspects of the auction only to the extent that such delegation is permitted by law and thatPage such67 delegation will not impede the principal auctioneer's ability to ensure the proper conduct of his451 orCODING: her independent responsibility for the auction.

The auction business under whose auspices the auction is conducted is responsible for ensuring compliance as required by department board rule.

(10) (b) Each auction business shall maintain, for not less than 2 years, a separate ledger showing the funds held for Page 67 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 anotherthat personsuch depositeddelegation andwill disbursednot byimpede the auctionprincipal businessauctioneer's ability to ensure the proper conduct of his or her independent responsibility for eachthe auction.

The auction business under whose auspices the auction is conducted is responsible for ensuring compliance as required by department board rule.

(10) (b) Each auction business shall maintain, for not less than 2 years, a separate ledger showing the funds held for another person deposited and disbursed by the auction business for each auction.

(a)Page Refusal68 toof certify451 toCODING: the department an application for licensure.

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hb607-01-c1 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/HB 607 2026 (a) Refusal to certify to the department an application for licensure.

(e) Placement of the auctioneer on probation for a period of time and subject to conditions as the department board may Pagespecify, 68including ofrequiring 449the CODING:auctioneer to successfully complete the licensure examination.

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hb607-00 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 HB 607 2026 specify, including requiring the auctioneer to successfully complete the licensure examination.

(1) The Chief Financial Officer shall invest the money not currently needed to meet the obligations of the fund in the same mannerPage as69 otherof public451 fundsCODING: may be invested.

Interest that accrues from these investments shall be deposited to the credit of the Auctioneer Recovery Fund and shall be available for the same purposes as other moneys deposited in the Auctioneer Recovery Fund.

(2) All payments and disbursements from the Auctioneer Recovery Fund shall be made by the Chief Financial Officer upon a voucher signed by the Secretary of Business and Professional Page 69 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 Regulationmanner oras theother secretary'spublic designee.funds may be invested.

Interest that accrues from these investments shall be deposited to the credit of the Auctioneer Recovery Fund and shall be available for the same purposes as other moneys deposited in the Auctioneer Recovery Fund.

(2) All payments and disbursements from the Auctioneer Recovery Fund shall be made by the Chief Financial Officer upon a voucher signed by the Secretary of Business and Professional Regulation or the secretary's designee.

(5) Moneys in the fund at the end of a fiscal year shall bePage retained70 in the fund and shall accrue for the benefit of auctioneers451 andCODING: auction businesses.

Words stricken are deletions;

words underlined are additions.

hb607-01-c1 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/HB 607 2026 be retained in the fund and shall accrue for the benefit of auctioneers and auction businesses.

assessments.— Page(1) 70At the time of 449licensure CODING:under s.

Words stricken are deletions;

words underlined are additions.

hb607-00 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 HB 607 2026 (1) At the time of licensure under s.

(b) Subtract the amount determined under paragraph (a) fromPage $500,000.71 of 451 CODING:

(c) Determine the number of initial licenses and license renewals in the fiscal year that precedes the current fiscal year.

(d) Divide the amount determined under paragraph (b) by the number determined under paragraph (c).

(4) The department board shall assess the surcharge described in subsection (3) against each licensee who receives Page 71 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 anfrom initial$500,000. license or receives a renewal license during the fiscal year that follows the year in which the amount remaining in the fund was less than $200,000.

(c) Determine the number of initial licenses and license renewals in the fiscal year that precedes the current fiscal year.

(d) Divide the amount determined under paragraph (b) by the number determined under paragraph (c).

(4) The department board shall assess the surcharge described in subsection (3) against each licensee who receives an initial license or receives a renewal license during the fiscal year that follows the year in which the amount remaining in the fund was less than $200,000.

or (b) Any aggrieved person who obtains a final judgment in anyPage court72 against any licensee to recover damages for any actual loss that results from the violation, within this state, by a licensee of any451 provisionCODING: of s.

468.389 or any rule adopted by the department board may, upon termination of all proceedings, including appeals and proceedings supplemental to judgment for collection purposes, file a verified application to the department board for an order directing payment out of the Auctioneer Recovery Fund of the amount of actual loss in the Page 72 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 transactionany thatcourt remainsagainst unpaidany uponlicensee to recover damages for any actual loss that results from the judgment.violation, within this state, by a licensee of any provision of s.

468.389 or any rule adopted by the department board may, upon termination of all proceedings, including appeals and proceedings supplemental to judgment for collection purposes, file a verified application to the department board for an order directing payment out of the Auctioneer Recovery Fund of the amount of actual loss in the transaction that remains unpaid upon the judgment.

insufficient funds.— (2) Upon petition of the department board, the court may require all claimants and prospective claimants against one licenseePage to73 be joined in one action, to the end that the respective rights of all451 theCODING: claimants to the department board may be equitably adjudicated and settled.

(3) On June 30 and December 31 of each year, the department board shall identify each claim that the court orders to be paid during the 6-month period that ended on that day.

The department board shall pay the part of each claim that is so identified within 15 days after the end of the 6-month period in Page 73 of 449 CODING:

hb607-00hb607-01-c1 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 HBCS/HB 607 2026 whichlicensee to be joined in one action, to the claimend isthat orderedthe paid.respective rights of all the claimants to the department board may be equitably adjudicated and settled.

(3) On June 30 and December 31 of each year, the department board shall identify each claim that the court orders to be paid during the 6-month period that ended on that day.

The department board shall pay the part of each claim that is so identified within 15 days after the end of the 6-month period in which the claim is ordered paid.

Section 468.398, Florida Statutes, is amended toPage read:74 of 451 CODING:

Words stricken are deletions;

words underlined are additions.

hb607-01-c1 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/HB 607 2026 to read: