S 1666

Florida Senate - 2026  SB 1666
By Senator Burgess
23-00733B-26  20261666__
1A bill to be entitled
2An act relating to the Department of Business and
3Professional Regulation; amending s. 20.165, F.S.;
4revising the list of boards and programs established
5under the Division of Professions within the
6department; conforming provisions to changes made by
7the act; amending s. 326.002, F.S.; designating the
8Division of Professions of the department as the
9division overseeing yacht and ship brokers; amending
10s. 326.006, F.S.; designating the Professional
11Regulation Trust Fund as the trust fund related to the
12regulation of yacht and ship brokers; revising that
13all fees related to the regulation of yacht and ship
14brokers be deposited in the Professional Regulation
15Trust Fund, rather than the Division of Florida
16Condominiums, Timeshares, and Mobile Homes Trust Fund;
17amending s. 399.035, F.S.; revising elevator
18accessibility requirements for ambulance stretchers;
19amending s. 455.02, F.S.; providing that members of
20the Armed Forces in good standing and their spouses or
21surviving spouses who apply to administrative boards
22or programs for licensure are required to submit
23fingerprints only for those professions that require
24fingerprints for initial licensure; amending s.
25455.213, F.S.; deleting a requirement that the board
26regulating cosmetologists or cosmetology specialists
27review an applicant’s criminal record; requiring
28specified persons or entities to create and maintain
29an account with the department’s online system;
30requiring such persons or entities to provide
31specified information on the department’s online
32system; requiring such persons to use forms furnished
33by the department; prohibiting the department from
34processing an application not submitted through its
35online system; amending s. 471.015, F.S.; revising the
36criteria for the Board of Professional Engineers to
37certify applicants as qualified for licensure by
38endorsement as engineers; amending s. 473.3065, F.S.;
39renaming the Certified Public Accountant Education
40Minority Assistance Advisory Council as the Certified
41Public Accountant Education Opportunity Assistance
42Advisory Council; revising the purpose of the Clay
43Ford Scholarship Program; revising eligibility
44criteria for receipt of the scholarship; revising the
45criteria for membership and filling a vacancy on the
46council; amending s. 475.628, F.S.; prohibiting the
47board regulating appraisers from adopting standards
48that violate the laws of this state; deleting a
49requirement that an appraiser comply with certain
50standards for nonfederally related transactions;
51amending s. 476.034, F.S.; revising the definition of
52the term “barbershop”; amending s. 476.054, F.S.;
53deleting certain prohibitions on term limits for
54persons appointed to serve on the Barbers’ Board;
55amending s. 476.064, F.S.; deleting what constitutes a
56quorum at board meetings; amending s. 476.184, F.S.;
57requiring the department to adopt rules; requiring a
58mobile barbershop to comply with all licensure and
59operating requirements that apply to a barbershop at a
60fixed location; providing an exception; requiring a
61mobile barbershop to have a permanent business address
62in a specified location; requiring that certain
63records be kept at the permanent business address;
64requiring a mobile barbershop licenseholder to file
65with the department a written monthly itinerary that
66provides certain information; requiring a mobile
67barbershop licenseholder to comply with certain laws
68and ordinances; making technical changes; amending s.
69476.188, F.S.; providing that a barbershop must be
70licensed, rather than registered, with the department;
71authorizing the practice of barbering to be performed
72in a location other than a licensed barbershop under
73certain circumstances; conforming provisions to
74changes made by the act; amending s. 477.015, F.S.;
75revising the number of, and criteria for, members of
76the Board of Cosmetology; deleting a prohibition
77against a specified number of consecutive term limits;
78deleting what constitutes a quorum at board meetings;
79amending s. 481.213, F.S.; revising the criteria for
80the Board of Architecture and Interior Design to
81certify applicants as qualified for licensure by
82endorsement as architects or for registration as
83registered interior designers; conforming provisions
84to changes made by the act; making technical changes;
85amending s. 489.107, F.S.; revising the quorum
86requirements of the Construction Industry Licensing
87Board; making a technical change; amending s. 489.111,
88F.S.; deleting a requirement that the Department of
89Business and Professional Regulation ensure a
90sensitivity review committee is established; amending
91s. 489.115, F.S.; revising the criteria for the
92Construction Industry Licensing Board to certify
93applicants as qualified for certification by
94endorsement for a construction contractor’s license;
95amending s. 489.511, F.S.; revising the criteria for
96the Electrical Contractors’ Licensing Board to certify
97applicants as qualified for certification by
98endorsement for an electrical contractor’s license;
99amending s. 499.012, F.S.; revising permit application
100requirements for a prescription drug wholesale
101distributor; amending s. 499.0121, F.S.; revising the
102list of responsible persons a prescription drug
103wholesale distributor is required to establish and
104maintain; repealing s. 499.01211, F.S., relating to
105the Drug Wholesale Distributor Advisory Council;
106amending s. 499.041, F.S.; deleting a requirement that
107the department assess each person applying for
108certification as a designated representative a fee,
109plus the cost of processing a criminal history record
110check; amending ss. 499.0661 and 499.067, F.S.;
111conforming provisions to changes made by the act;
112amending s. 509.2015, F.S.; revising where a public
113lodging establishment must post notice of a telephone
114surcharge; deleting the size of such notice; amending
115s. 553.73, F.S.; requiring local amendments to the
116administrative provisions of the Florida Building Code
117be more stringent than the minimum standards described
118in this section; making technical changes; amending s.
119553.791, F.S.; revising the requirements for private
120providers or any duly authorized representatives who
121perform certain plan reviews or inspections; requiring
122the department to adopt rules; reenacting ss.
123120.54(3)(c) and 120.74(2)(b) and (3)(a), F.S.,
124relating to adoption procedures and agency annual
125rulemaking and regulatory plans and reports,
126respectively, to incorporate the amendment made to s.
12720.165, F.S., in references thereto; reenacting ss.
128326.003 and 326.004(5) and (7)(b), F.S., relating to
129administration and licensing, respectively, to
130incorporate the amendment made to s. 326.001, F.S., in
131references thereto; reenacting ss. 499.003(4), F.S.,
132relating to definitions of terms, to incorporate the
133amendment made to s. 499.012, F.S., in a reference
134thereto; providing an effective date.
135
136Be It Enacted by the Legislature of the State of Florida:
137
138Section 1. Paragraph (a) of subsection (4) and subsection
139(5) of section 20.165, Florida Statutes, are amended to read:
14020.165 Department of Business and Professional Regulation.
141There is created a Department of Business and Professional
142Regulation.
143(4)(a) The following boards, [and] programs, commissions, and
144councils are established within the Division of Professions:
1451. Board of Architecture and Interior Design, created under
146part I of chapter 481.
1472. Florida Board of Auctioneers, created under part VI of
148chapter 468.
1493. Barbers’ Board, created under chapter 476.
1504. Florida Building Code Administrators and Inspectors
151Board, created under part XII of chapter 468.
1525. Construction Industry Licensing Board, created under
153part I of chapter 489.
1546. Board of Cosmetology, created under chapter 477.
1557. Electrical Contractors’ Licensing Board, created under
156part II of chapter 489.
1578. Board of Employee Leasing Companies, created under part
158XI of chapter 468.
1599. Board of Landscape Architecture, created under part II
160of chapter 481.
16110. Board of Pilot Commissioners, created under chapter
162310.
16311. Board of Professional Engineers, created under chapter
164471.
16512. Board of Professional Geologists, created under chapter
166492.
16713. Board of Veterinary Medicine, created under chapter
168474.
16914. Home inspection services licensing program, created
170under part XV of chapter 468.
17115. Mold-related services licensing program, created under
172part XVI of chapter 468.
17316.Talent agency licensing program, created under part VII
174of chapter 468.
17517.Florida Building Commission, created under chapter 553.
17618.Regulatory Council of Community Association Managers,
177created under part VIII of chapter 468.
17819.Yacht and ship brokers licensing program, created under
179chapter 326.
180(5) The members of each board, commission, or council
181established pursuant to subsection (4) shall be appointed by the
182Governor, subject to confirmation by the Senate. Consumer
183members on the board, commission, or council are [shall be]
184appointed pursuant to subsection (6). Members are [shall be]
185appointed for 4-year terms, and such terms [shall] expire on
186October 31. However, a term of less than 4 years may be used
187[utilized] to ensure that:
188(a) No more than two members’ terms expire during the same
189calendar year for boards consisting of seven or eight members.
190(b) No more than 3 members’ terms expire during the same
191calendar year for boards consisting of 9 to 12 members.
192(c) No more than 5 members’ terms expire during the same
193calendar year for boards consisting of 13 or more members.
194
195A member whose term has expired continues [shall continue] to
196serve on the board until such time as a replacement is
197appointed. A vacancy on the board is [shall be] filled for the
198unexpired portion of the term in the same manner as the original
199appointment. No member may serve for more than the remaining
200portion of a previous member’s unexpired term, plus two
201consecutive 4-year terms of the member’s own appointment
202thereafter.
203Section 2. Subsection (2) of section 326.002, Florida
204Statutes, is amended to read:
205326.002 Definitions.—As used in ss. 326.001-326.006, the
206term:
207(2) “Division” means the Division of Professions [Florida]
208[Condominiums, Timeshares, and Mobile Homes] of the Department of
209Business and Professional Regulation.
210Section 3. Paragraph (d) of subsection (2) and subsection
211(3) of section 326.006, Florida Statutes, are amended to read:
212326.006 Powers and duties of division.—
213(2) The division has the power to enforce and ensure
214compliance with the provisions of this chapter and rules adopted
215under this chapter relating to the sale and ownership of yachts
216and ships. In performing its duties, the division has the
217following powers and duties:
218(d) Notwithstanding any remedies available to a yacht or
219ship purchaser, if the division has reasonable cause to believe
220that a violation of [any provision of] this chapter or rule
221adopted under this chapter has occurred, the division may
222institute enforcement proceedings in its own name against any
223broker or salesperson or any of his or her assignees or agents,
224or against any unlicensed person or any of his or her assignees
225or agents, as follows:
2261. The division may permit a person whose conduct or
227actions are under investigation to waive formal proceedings and
228enter into a consent proceeding whereby orders, rules, or
229letters of censure or warning, whether formal or informal, may
230be entered against the person.
2312. The division may issue an order requiring the broker or
232salesperson or any of his or her assignees or agents, or
233requiring any unlicensed person or any of his or her assignees
234or agents, to cease and desist from the unlawful practice and
235take such affirmative action as in the judgment of the division
236will carry out the purposes of this chapter.
2373. The division may bring an action in circuit court on
238behalf of a class of yacht or ship purchasers for declaratory
239relief, injunctive relief, or restitution.
2404. The division may impose a civil penalty against a broker
241or salesperson or any of his or her assignees or agents, or
242against an unlicensed person or any of his or her assignees or
243agents, for any violation of this chapter or a rule adopted
244under this chapter. A penalty may be imposed for each day of
245continuing violation, but in no event may the penalty for any
246offense exceed $10,000. All amounts collected must be deposited
247with the Chief Financial Officer to the credit of the
248Professional Regulation [Division of Florida Condominiums,]
249[Timeshares, and Mobile Homes] Trust Fund. If a broker,
250salesperson, or unlicensed person working for a broker, fails to
251pay the civil penalty, the division must [shall] issue an order
252suspending the broker’s license until such time as the civil
253penalty is paid or may pursue enforcement of the penalty in a
254court of competent jurisdiction. The order imposing the civil
255penalty or the order of suspension may not become effective
256until 20 days after the date of such order. Any action commenced
257by the division must be brought in the county in which the
258division has its executive offices or in the county where the
259violation occurred.
260(3) All fees must be deposited in the Professional
261Regulation [Division of Florida Condominiums, Timeshares, and]
262[Mobile Homes] Trust Fund as provided by law.
263Section 4. Subsection (2) of section 399.035, Florida
264Statutes, is amended to read:
265399.035 Elevator accessibility requirements for the
266physically handicapped.—
267(2) Any building that is more than three stories high or in
268which the vertical distance between the bottom terminal landing
269and the top terminal landing exceeds 25 feet must be constructed
270to contain at least one passenger elevator that is operational
271and will accommodate the [an] ambulance stretcher size specified
272in the Florida Building Code edition that was in effect at the
273time of receipt of application for the construction permit for
274the elevator [76 inches long and 24 inches wide in the horizontal]
275[position].
276Section 5. Paragraph (a) of subsection (3) of section
277455.02, Florida Statutes, is amended to read:
278455.02 Licensure of members of the Armed Forces in good
279standing and their spouses or surviving spouses with
280administrative boards or programs.—
281(3)(a) The department shall issue a professional license to
282an applicant who is or was an active duty member of the Armed
283Forces of the United States, or who is a spouse or surviving
284spouse of such member, upon application to the department in a
285format prescribed by the department. An application must include
286proof that:
2871. The applicant is or was an active duty member of the
288Armed Forces of the United States or is married to a member of
289the Armed Forces of the United States and was married to the
290member during any period of active duty or was married to such a
291member who at the time of the member’s death was serving on
292active duty. An applicant who was an active duty member of the
293Armed Forces of the United States must have received an
294honorable discharge upon separation or discharge from the Armed
295Forces of the United States.
2962. The applicant holds a valid license for the profession
297issued by another state, the District of Columbia, any
298possession or territory of the United States, or any foreign
299jurisdiction.
3003. The applicant, where required by the specific practice
301act, has complied with insurance or bonding requirements.
3024.a. A complete set of the applicant’s fingerprints is
303submitted to the Department of Law Enforcement for a statewide
304criminal history check for those professions that require
305fingerprints for initial licensure.
306b. The Department of Law Enforcement shall forward the
307fingerprints submitted pursuant to sub-subparagraph a. to the
308Federal Bureau of Investigation for a national criminal history
309check. The department shall, and the board may, review the
310results of the criminal history checks according to the level 2
311screening standards in s. 435.04 and determine whether the
312applicant meets the licensure requirements. The costs of
313fingerprint processing shall be borne by the applicant. If the
314applicant’s fingerprints are submitted through an authorized
315agency or vendor, the agency or vendor shall collect the
316required processing fees and remit the fees to the Department of
317Law Enforcement.
318Section 6. Paragraphs (a) and (b) of subsection (3) and
319subsection (12) of section 455.213, Florida Statutes, are
320amended to read:
321455.213 General licensing provisions.—
322(3)(a) Notwithstanding any other law, the applicable board
323shall use the process in this subsection for review of an
324applicant’s criminal record to determine his or her eligibility
325for licensure as:
3261. A barber under chapter 476;
3272. [A cosmetologist or cosmetology specialist under chapter]
328[477;]
329[3.] Any of the following construction professions under
330chapter 489:
331a. Air-conditioning contractor;
332b. Electrical contractor;
333c. Mechanical contractor;
334d. Plumbing contractor;
335e. Pollutant storage systems contractor;
336f. Roofing contractor;
337g. Sheet metal contractor;
338h. Solar contractor;
339i. Swimming pool and spa contractor;
340j. Underground utility and excavation contractor; or
341k. Other specialty contractors; or
3423.[4.] Any other profession for which the department issues a
343license, provided the profession is offered to inmates in any
344correctional institution or correctional facility as vocational
345training or through an industry certification program.
346(b)1. A conviction, or any other adjudication, for a crime
347more than 5 years before the date the application is received by
348the applicable board may not be grounds for denial of a license
349specified in paragraph (a). For purposes of this paragraph, the
350term “conviction” means a determination of guilt that is the
351result of a plea or trial, regardless of whether adjudication is
352withheld. This paragraph does not limit the applicable board
353from considering an applicant’s criminal history that includes a
354crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
355only if such criminal history has been found to relate to the
356practice of the applicable profession.
3572. The applicable board may consider the criminal history
358of an applicant for licensure under subparagraph (a)2.
359[subparagraph (a)3.] if such criminal history has been found to
360relate to good moral character.
361(12)(a)A person or an entity licensed or permitted by the
362Division of Professions or the Division of Real Estate, or
363applying for a license or a permit, must create and maintain an
364account with the department’s online system and provide an e
365mail address to the department to function as the primary means
366of contact for all communication by the department to the
367licensee, permitholder, or applicant. Licensees, permitholders,
368and applicants are responsible for maintaining accurate contact
369information on file with the department. A person or an entity
370seeking a license or a permit under this chapter or under the
371applicable practice act must apply using forms furnished by the
372department which are filed through the department’s online
373system before the person or entity commences operations. The
374department may not process an application for a license or a
375permit issued by the department under this chapter or under the
376applicable practice act unless the application is submitted
377through the department’s online system [Any submission required]
378[to be in writing may otherwise be required by the department to]
379[be made by electronic means].
380(b) The department is authorized to contract with private
381vendors, or enter into interagency agreements, to collect
382electronic fingerprints where fingerprints are required for
383registration, certification, or the licensure process or where
384criminal history record checks are required.
385Section 7. Subsection (3) of section 471.015, Florida
386Statutes, is amended to read:
387471.015 Licensure.—
388(3) The board shall certify as qualified for a license by
389endorsement an applicant who:
390(a) Qualifies to take the fundamentals examination and the
391principles and practice examination as set forth in s. 471.013,
392has passed a United States national, regional, state, or
393territorial licensing examination that is substantially
394equivalent to the fundamentals examination and principles and
395practice examination required by s. 471.013, and has satisfied
396the experience requirements set forth in paragraph (2)(a) and s.
397471.013; [or]
398(b) Holds a valid license to practice engineering issued by
399another state or territory of the United States, if the criteria
400for issuance of the license were substantially the same as the
401licensure criteria that existed in this state at the time the
402license was issued; or
403(c) Holds a valid license to practice engineering issued by
404a foreign jurisdiction approved by the board and holds an active
405council record with the National Council of Examiners for
406Engineering and Surveying.
407Section 8. Section 473.3065, Florida Statutes, is amended
408to read:
409473.3065 Clay Ford Scholarship Program; Certified Public
410Accountant Education Opportunity [Minority] Assistance Advisory
411Council.—
412(1) The Clay Ford Scholarship Program for Florida residents
413is hereby established in the division for the purpose of
414providing scholarships to [minority persons as defined in s.]
415[288.703 who are] students enrolled in their fifth year of an
416accounting education program at an institution in this state
417approved by the board by rule. A Certified Public Accountant
418Education Opportunity [Minority] Assistance Advisory Council shall
419assist the board in administering the program.
420(2) All moneys used to provide scholarships under the Clay
421Ford Scholarship Program shall be funded by a portion of
422existing license fees, as set by the board, not to exceed $10
423per license. Such moneys shall be deposited into the
424Professional Regulation Trust Fund in a separate account
425maintained for that purpose. The department may spend up to
426$200,000 per year for the program from this program account but
427may not allocate overhead charges to it. Moneys for scholarships
428shall be disbursed twice per year upon recommendation of the
429advisory council and approval by the board, based on the adopted
430eligibility criteria and comparative evaluation of all
431applicants. Funds in the program account may be invested by the
432Chief Financial Officer under the same limitations as apply to
433investment of other state funds, and all interest earned thereon
434shall be credited to the program account.
435(3) The board shall adopt rules as necessary for
436administration of the Clay Ford Scholarship Program, including
437rules relating to the following:
438(a) Eligibility criteria for receipt of a scholarship,
439which, at a minimum, shall include the following factors:
4401. Financial need.
4412. [Ethnic, gender, or racial minority status pursuant to s.]
442[288.703(4).]
443[3.] Scholastic ability and performance.
444(b) Scholarship application procedures.
445(c) Amounts in which scholarships may be provided, the
446total amount that may be provided, the timeframe for payments or
447partial payments, and criteria for how scholarship funds may be
448expended.
449(d) The total amount of scholarships that can be made each
450year.
451(e) The minimum balance that must be maintained in the
452program account.
453(4) Determinations made by the board regarding recipients
454of scholarship moneys may [shall] not be considered agency action
455for purposes of chapter 120.
456(5) It is unlawful for any person or agent of such person
457to knowingly file with the board any notice, statement, or other
458document that is false or that contains any material
459misstatement of fact. A person who violates this subsection
460commits a misdemeanor of the second degree, punishable as
461provided in s. 775.082 or s. 775.083.
462(6) There is hereby created the Certified Public Accountant
463Education Opportunity [Minority] Assistance Advisory Council to
464assist the board in administering the Clay Ford Scholarship
465Program. [The council shall be diverse and representative of the]
466[gender, ethnic, and racial categories set forth in s.]
467[288.703(4).]
468(a) The council shall consist of five licensed Florida
469certified public accountants selected by the board, of whom one
470shall be a board member who serves as chair of the council[, one]
471[shall be a representative of the National Association of Black]
472[Accountants, one shall be a representative of the Cuban American]
473[CPA Association, and two shall be selected at large. At least]
474[one member of the council must be a woman].
475(b) The board shall determine the terms for initial
476appointments and appointments thereafter.
477(c) [Any vacancy on the council shall be filled in the]
478[manner provided for the selection of the initial member.] Any
479member appointed to fill a vacancy of an unexpired term shall be
480appointed for the remainder of that term.
481(d) Three consecutive absences or absences constituting 50
482percent or more of the council’s meetings within any 12-month
483period shall cause the council membership of the member in
484question to become void, and the position shall be considered
485vacant.
486(e) The members of the council shall serve without
487compensation, and any necessary and actual expenses incurred by
488a member while engaged in the business of the council shall be
489borne by such member or by the organization or agency such
490member represents. However, the council member who is a member
491of the board shall be compensated in accordance with ss.
492455.207(4) and 112.061.
493Section 9. Section 475.628, Florida Statutes, is amended to
494read:
495475.628 Professional standards for appraisers registered,
496licensed, or certified under this part.—
497(1) The board shall adopt rules establishing standards of
498professional practice which meet or exceed nationally recognized
499standards of appraisal practice, including standards adopted by
500the Appraisal Standards Board of the Appraisal Foundation,
501except for those standards that otherwise violate the laws of
502this state. Each appraiser registered, licensed, or certified
503under this part must comply with the rules, except for those
504rules that otherwise violate the laws of this state. Statements
505on appraisal standards which may be issued for the purpose of
506clarification, interpretation, explanation, or elaboration
507through the Appraisal Foundation are binding on any appraiser
508registered, licensed, or certified under this part, upon
509adoption by rule of the board.
510(2) The board may adopt rules establishing standards of
511professional practice other than standards adopted by the
512Appraisal Standards Board of the Appraisal Foundation for
513nonfederally related transactions. The board shall require that
514when performing an appraisal or appraisal service for any
515purpose other than a federally related transaction, an appraiser
516must comply with the [Ethics and Competency Rules of the]
517[standards adopted by the Appraisal Standards Board of the]
518[Appraisal Foundation, and other] requirements as determined by
519rule of the board. An assignment completed using alternate
520standards does not satisfy the experience requirements under s.
521475.617 unless the assignment complies with the standards
522adopted by the Appraisal Standards Board of the Appraisal
523Foundation.
524Section 10. Subsection (3) of section 476.034, Florida
525Statutes, is amended to read:
526476.034 Definitions.—As used in this act:
527(3) “Barbershop” means a licensed [any] place of business
528wherein the practice of barbering is carried on.
529Section 11. Subsection (4) of section 476.054, Florida
530Statutes, is amended to read:
531476.054 Barbers’ Board.—
532(4) [No person shall be appointed to serve more than two]
533[consecutive terms.] Any vacancy shall be filled by appointment by
534the Governor for the unexpired portion of the term.
535Section 12. Subsection (3) of section 476.064, Florida
536Statutes, is amended to read:
537476.064 Organization; headquarters; personnel; meetings.—
538(3) The board shall hold an annual meeting and such other
539meetings during the year as it may determine to be necessary.
540The chair of the board may call other meetings at her or his
541discretion. [A quorum of the board shall consist of not less than]
542[four members.]
543Section 13. Section 476.184, Florida Statutes, is amended
544to read:
545476.184 Barbershop licensure; requirements; fee;
546inspection; license display; mobile barbershops.—
547(1) A [No] barbershop may not [shall] be permitted to operate
548without a license issued by the department.
549(2) The board shall adopt rules governing the licensure and
550operation of a barbershop and its facilities, personnel, safety
551and sanitary requirements, and the license application and
552granting process.
553(3) Any person, firm, or corporation desiring to operate a
554barbershop in the state shall submit to the department an
555application upon forms provided by the department and
556accompanied by any relevant information requested by the
557department and by an application fee.
558(4) Upon receiving the application, the department may
559cause an investigation to be made of the proposed barbershop.
560(5) When an applicant fails to meet all the requirements
561provided in this section, the department shall deny the
562application in writing and shall list the specific requirements
563not met. An [No] applicant denied licensure because of failure to
564meet the requirements of this section may not [shall] be precluded
565from reapplying for licensure.
566(6) When the department determines that the proposed
567barbershop meets the requirements set forth in this section, the
568department shall grant the license upon such conditions as it
569deems proper and upon payment of the original licensing fee.
570(7) A [No] license for operation of a barbershop may not be
571transferred from the name of the original licensee to another.
572It may be transferred from one location to another only after
573inspection and approval by the department, which approval may
574[shall] not be unreasonably withheld, and payment of a $125
575transfer fee.
576(8) Renewal of license registration for barbershops must
577[shall] be accomplished pursuant to rules adopted by the board.
578The board is further authorized to adopt rules governing
579delinquent renewal of licenses and may impose penalty fees for
580delinquent renewal.
581(9) The board is authorized to adopt rules governing the
582operation and periodic inspection of barbershops licensed under
583this chapter.
584(10) Each barbershop shall display, in a conspicuous place,
585the barbershop license and each individual licensee’s
586certificate.
587(11)(a)The department shall adopt rules governing the
588licensure, operation, and inspection of mobile barbershops,
589including their facilities, personnel, and safety and sanitary
590requirements.
591(b) A mobile barbershop shall comply with all licensure and
592operating requirements specified in this chapter, chapter 455,
593or rules of the department which apply to barbershops at fixed
594locations, except to the extent that such requirements conflict
595with this subsection or rules adopted pursuant to this
596subsection.
597(c) A mobile barbershop shall maintain a permanent business
598address, located in the inspection area of the local department
599office, at which records of appointments, itineraries, employee
600license numbers, and vehicle identification number of any
601vehicle used by the licenseholder as a mobile barbershop must be
602kept and made available for verification purposes by department
603personnel, and at which correspondence from the department can
604be received.
605(d) To facilitate periodic inspections of a mobile
606barbershop, before the beginning of each month each mobile
607barbershop licenseholder shall file with the department a
608written monthly itinerary listing the locations where and the
609dates and hours when the mobile barbershop will be operating.
610(e) Alicenseholdershallcomply with all local laws and
611ordinances regulating business establishments, with all
612applicable requirements of the Americans with Disabilities Act
613relating to accommodations for persons with disabilities, and
614with all applicable requirements of the Occupational Safety and
615Health Administration.
616Section 14. Section 476.188, Florida Statutes, is amended
617to read:
618476.188 Barber services to be performed in a licensed
619[registered] barbershop; exception.—
620(1) Barber services shall be performed only by licensed
621barbers in registered barbershops, except as otherwise provided
622in this section.
623(2) Pursuant to rules established by the board, barber
624services may be performed by a licensed barber in a location
625other than a licensed [registered] barbershop, including, but not
626limited to, a nursing home, hospital, or residence, when a
627client for reasons of ill health is unable to go to a licensed
628[registered] barbershop. Arrangements for the performance of
629barber services in a location other than a licensed [registered]
630barbershop must [shall] be made only through a licensed [registered]
631barbershop. However, a barber may shampoo, cut, or arrange hair
632in a location other than a licensed [registered] barbershop
633without such arrangements.
634(3) Any person who holds a valid barber’s license in any
635state or who is authorized to practice barbering in any country,
636territory, or jurisdiction of the United States may perform
637barber services in a location other than a licensed [registered]
638barbershop when such services are performed in connection with
639the motion picture, fashion photography, theatrical, or
640television industry; a manufacturer trade show demonstration; or
641an educational seminar.
642(4)Pursuant to rules adopted by the department, the
643practice of barbering may be performed in a location other than
644a licensed barbershop when performed in connection with a
645special event and performed by a person who holds the proper
646license.
647Section 15. Subsections (2), (3), and (6) of section
648477.015, Florida Statutes, are amended to read:
649477.015 Board of Cosmetology.—
650(2) Four [Five] members of the board shall be licensed
651cosmetologists and shall have been engaged in the practice of
652cosmetology in this state for not less than 5 years, two members
653must be registered as specialists in any specialty practice
654within the practice of cosmetology, and one member must[. ][T][wo]
655[members] [of the board shall] be a layperson [laypersons]. Each board
656member shall be a resident of this state and shall have been a
657resident of this state for not less than 5 continuous years.
658(3) The Governor may at any time fill vacancies on the
659board for the remainder of unexpired terms. Each member of the
660board shall hold over after the expiration of his or her term
661until a successor is duly appointed and qualified. [No board]
662[member shall serve more than two consecutive terms, whether full]
663[or partial.]
664(6) The board shall hold such meetings during the year as
665it may determine to be necessary, one of which shall be the
666annual meeting. The chair of the board shall have the authority
667to call other meetings at his or her discretion. [A quorum of the]
668[board shall consist of not less than four members.]
669Section 16. Subsections (3) and (4) of section 481.213,
670Florida Statutes, are amended to read:
671481.213 Licensure and registration.—
672(3) The board shall certify as qualified for a license by
673endorsement as an architect or registration as a registered
674interior designer an applicant who:
675(a) Qualifies to take the prescribed licensure [or]
676[registration] examination, and has passed the prescribed
677licensure [or registration] examination or a substantially
678equivalent examination in another jurisdiction, as set forth in
679s. 481.209 for architects or registered interior designers, as
680applicable, and has satisfied the internship requirements set
681forth in s. 481.211 for architects;
682(b) Holds a valid license to practice architecture or a
683license, registration, or certification to practice interior
684design issued by another jurisdiction of the United States, if
685the criteria for issuance of such license were substantially
686equivalent to the licensure criteria that existed in this state
687at the time the license was issued; or
688(c) [Has passed the prescribed licensure examination and]
689Holds a valid certificate issued by the National Council of
690Architectural Registration Boards, and holds a valid license to
691practice architecture issued by another state, another [or]
692jurisdiction of the United States, or a foreign jurisdiction
693approved by the board.
694
695An architect who is licensed in another state, another
696jurisdiction of the United States, or a foreign jurisdiction
697approved by the board who seeks qualification for licensure
698[license] by endorsement under this subsection must complete a 2
699hour class approved by the board on wind mitigation techniques.
700(4) The board may refuse to certify any applicant who has
701violated [any of the provisions of] s. 481.223, s. 481.225, or s.
702481.2251, as applicable.
703Section 17. Subsection (5) of section 489.107, Florida
704Statutes, is amended to read:
705489.107 Construction Industry Licensing Board.—
706(5) Fifty-one percent or more of the appointed [Five] members
707of Division I constitute a quorum, and 51 percent or more of the
708appointed [five] members of Division II constitute a quorum. The
709combined divisions shall meet together at such times as the
710board deems necessary, but neither division, nor any committee
711thereof, may [shall] take action on any matter under the
712jurisdiction of the other division. However, if either division
713is unable to obtain a quorum [for the purpose of conducting]
714[disciplinary proceedings], it may request members of the other
715division, who are otherwise qualified to serve on the division
716unable to obtain a quorum, to join in its deliberations. Such
717additional members shall vote and count toward a quorum [only]
718[during those disciplinary proceedings].
719Section 18. Subsection (4) of section 489.111, Florida
720Statutes, is amended to read:
721489.111 Licensure by examination.—
722[(4) The department shall ensure that a sensitivity review]
723[committee has been established including representatives of]
724[various ethnic/minority groups. No question found by this]
725[committee to be discriminatory against any ethnic/minority group]
726[shall be included in the examination.]
727Section 19. Subsection (3) of section 489.115, Florida
728Statutes, is amended to read:
729489.115 Certification and registration; endorsement;
730reciprocity; renewals; continuing education.—
731(3) The board shall certify as qualified for certification
732by endorsement any applicant who:
733(a) Meets the requirements for certification as set forth
734in this section; has passed a national, regional, state, or
735United States territorial licensing examination that is
736substantially equivalent to the examination required by this
737part; and has satisfied the requirements set forth in s.
738489.111;
739(b) Holds a valid license to practice contracting issued by
740another state or territory of the United States, if the criteria
741for issuance of such license were substantially equivalent to
742Florida’s current certification criteria;
743(c) Holds a valid, current license to practice contracting
744issued by another state or territory of the United States, if
745the state or territory has entered into a reciprocal agreement
746with the board for the recognition of contractor licenses issued
747in that state, based on criteria for the issuance of such
748licenses that are substantially equivalent to the criteria for
749certification in this state; or
750(d) Has held a valid, current license to practice
751contracting issued by another state or territory of the United
752States, or a county or municipality within a state or territory
753of the United States, for at least 10 years before the date of
754application and is applying for the same or similar license in
755this state, subject to subsections (5)-(9). The board may
756consider an applicant’s technical competence to ensure the
757applicant is able to meet the requirements of this state’s codes
758and standards for wind mitigation and water intrusion. The board
759may also consider whether such applicant has had a license to
760practice contracting revoked, suspended, or otherwise acted
761against by the licensing authority of another state, territory,
762county, municipality, or country. Such application must be made
763either when the license in another state, [or] territory, county,
764or municipality is active or within 2 years after such license
765was last active. Division I contractors and roofing contractors
766must complete a 2-hour course on the Florida Building Code which
767includes information on wind mitigation techniques. The required
768courses may be completed online.
769Section 20. Subsection (5) of section 489.511, Florida
770Statutes, is amended to read:
771489.511 Certification; application; examinations;
772endorsement.—
773(5) The board shall certify as qualified for certification
774by endorsement any individual applying for certification who:
775(a) Meets the requirements for certification as set forth
776in this section; has passed a national, regional, state, or
777United States territorial licensing examination that is
778substantially equivalent to the examination required by this
779part; and has satisfied the requirements set forth in s.
780489.521;
781(b) Holds a valid license to practice electrical or alarm
782system contracting issued by another state or territory of the
783United States, if the criteria for issuance of such license were
784substantially equivalent to the certification criteria that
785existed in this state at the time the certificate was issued; or
786(c) Has held a valid, current license to practice
787electrical or alarm system contracting issued by another state
788or territory of the United States, or a county or municipality
789of a state or territory of the United States, for at least 10
790years before the date of application and is applying for the
791same or similar license in this state, subject to ss. 489.510
792and 489.521(3)(a) and subparagraph (1)(b)1. Such application
793must be made either when the license in another state or
794territory, or a county or municipality of a state or territory
795of the United States, is active or within 2 years after such
796license was last active. Electrical contractors and alarm system
797contractors must complete a 2-hour course on the Florida
798Building Code. The required courses may be completed online.
799Section 21. Paragraph (c) of subsection (5), paragraph (l)
800of subsection (8), paragraphs (a) and (d) of subsection (9), and
801subsection (15) of section 499.012, Florida Statutes, are
802amended to read:
803499.012 Permit application requirements.—
804(5)
805(c) At least 90 days before the expiration date of a
806permit, the department shall forward via electronic mail a
807permit renewal notification to the permittee at the electronic
808mailing address of the permitted establishment on file with the
809department. The permit renewal notification must state
810conspicuously the date on which the permit for the establishment
811will expire and that the establishment may not operate unless
812the permit for the establishment is renewed timely.
813(8) An application for a permit or to renew a permit for a
814prescription drug wholesale distributor or an out-of-state
815prescription drug wholesale distributor submitted to the
816department must include:
817[(l) The name of each of the applicant’s designated]
818[representatives as required by subsection (15), together with]
819[the personal information statement and fingerprints required]
820[pursuant to subsection (9) for each such person.]
821(9)(a) Each person required by subsection (8) [or subsection]
822[(15)] to provide a personal information statement and
823fingerprints shall provide the following information to the
824department on forms prescribed by the department:
8251. The person’s places of residence for the past 7 years.
8262. The person’s date and place of birth.
8273. The person’s occupations, positions of employment, and
828offices held during the past 7 years.
8294. The principal business and address of any business,
830corporation, or other organization in which each such office of
831the person was held or in which each such occupation or position
832of employment was carried on.
8335. Whether the person has been, during the past 7 years,
834the subject of any proceeding for the revocation of any license
835and, if so, the nature of the proceeding and the disposition of
836the proceeding.
8376. Whether, during the past 7 years, the person has been
838enjoined, temporarily or permanently, by a court of competent
839jurisdiction from violating any federal or state law regulating
840the possession, control, or distribution of prescription drugs,
841together with details concerning any such event.
8427. A description of any involvement by the person with any
843business, including any investments, other than the ownership of
844stock in a publicly traded company or mutual fund, during the
845past 4 years, which manufactured, administered, prescribed,
846distributed, or stored pharmaceutical products and any lawsuits
847in which such businesses were named as a party.
8488. A description of any felony criminal offense of which
849the person, as an adult, was found guilty, regardless of whether
850adjudication of guilt was withheld or whether the person pled
851guilty or nolo contendere. A criminal offense committed in
852another jurisdiction which would have been a felony in this
853state must be reported. If the person indicates that a criminal
854conviction is under appeal and submits a copy of the notice of
855appeal of that criminal offense, the applicant must, within 15
856days after the disposition of the appeal, submit to the
857department a copy of the final written order of disposition.
8589. A photograph of the person taken in the previous 180
859days.
86010. A set of fingerprints for the person on a form and
861under procedures specified by the department, together with
862payment of an amount equal to the costs incurred by the
863department for the criminal record check of the person.
86411. [The name, address, occupation, and date and place of]
865[birth for each member of the person’s immediate family who is 18]
866[years of age or older. As used in this subparagraph, the term]
867[“member of the person’s immediate family” includes the person’s]
868[spouse, children, parents, siblings, the spouses of the person’s]
869[children, and the spouses of the person’s siblings.]
870[12.] Any other relevant information that the department
871requires.
872(d) For purposes of applying for renewal of a permit under
873subsection (8) [or certification under subsection (15)], a person
874may submit the following in lieu of satisfying the requirements
875of paragraphs (a), (b), and (c):
8761. A photograph of the individual taken within 180 days;
877and
8782. A copy of the personal information statement form most
879recently submitted to the department and a certification under
880oath, on a form specified by the department, that the individual
881has reviewed the previously submitted personal information
882statement form and that the information contained therein
883remains unchanged.
884[(15)(a) Each establishment that is issued an initial or]
885[renewal permit as a prescription drug wholesale distributor or]
886[an out-of-state prescription drug wholesale distributor must]
887[designate in writing to the department at least one natural]
888[person to serve as the designated representative of the]
889[wholesale distributor. Such person must have an active]
890[certification as a designated representative from the]
891[department.]
892[(b) To be certified as a designated representative, a]
893[natural person must:]
894[1. Submit an application on a form furnished by the]
895[department and pay the appropriate fees.]
896[2. Be at least 18 years of age.]
897[3. Have at least 2 years of verifiable full-time:]
898[a. Work experience in a pharmacy licensed in this state or]
899[another state, where the person’s responsibilities included, but]
900[were not limited to, recordkeeping for prescription drugs;]
901[b. Managerial experience with a prescription drug wholesale]
902[distributor licensed in this state or in another state;]
903[c. Managerial experience with the United States Armed]
904[Forces, where the person’s responsibilities included, but were]
905[not limited to, recordkeeping, warehousing, distributing, or]
906[other logistics services pertaining to prescription drugs;]
907[d. Managerial experience with a state or federal]
908[organization responsible for regulating or permitting]
909[establishments involved in the distribution of prescription]
910[drugs, whether in an administrative or a sworn law enforcement]
911[capacity; or]
912[e. Work experience as a drug inspector or investigator with]
913[a state or federal organization, whether in an administrative or]
914[a sworn law enforcement capacity, where the person’s]
915[responsibilities related primarily to compliance with state or]
916[federal requirements pertaining to the distribution of]
917[prescription drugs.]
918[4. Receive a passing score of at least 75 percent on an]
919[examination given by the department regarding federal laws]
920[governing distribution of prescription drugs and this part and]
921[the rules adopted by the department governing the wholesale]
922[distribution of prescription drugs. This requirement shall be]
923[effective 1 year after the results of the initial examination]
924[are mailed to the persons that took the examination. The]
925[department shall offer such examinations at least four times]
926[each calendar year.]
927[5. Provide the department with a personal information]
928[statement and fingerprints pursuant to subsection (9).]
929[(c) The department may deny an application for]
930[certification as a designated representative or may suspend or]
931[revoke a certification of a designated representative pursuant]
932[to s. 499.067.]
933[(d) A designated representative:]
934[1. Must be actively involved in and aware of the actual]
935[daily operation of the wholesale distributor.]
936[2. Must be employed full time in a managerial position by]
937[the wholesale distributor.]
938[3. Must be physically present at the establishment during]
939[normal business hours, except for time periods when absent due]
940[to illness, family illness or death, scheduled vacation, or]
941[other authorized absence.]
942[4. May serve as a designated representative for only one]
943[wholesale distributor at any one time.]
944[(e) A wholesale distributor must notify the department when]
945[a designated representative leaves the employ of the wholesale]
946[distributor. Such notice must be provided to the department]
947[within 10 business days after the last day of designated]
948[representative’s employment with the wholesale distributor.]
949[(f) A wholesale distributor may not operate under a]
950[prescription drug wholesale distributor permit or an out-of]
951[state prescription drug wholesale distributor permit for more]
952[than 10 business days after the designated representative leaves]
953[the employ of the wholesale distributor, unless the wholesale]
954[distributor employs another designated representative and]
955[notifies the department within 10 business days of the identity]
956[of the new designated representative.]
957Section 22. Subsection (9) of section 499.0121, Florida
958Statutes, is amended to read:
959499.0121 Storage and handling of prescription drugs;
960recordkeeping.—The department shall adopt rules to implement
961this section as necessary to protect the public health, safety,
962and welfare. Such rules shall include, but not be limited to,
963requirements for the storage and handling of prescription drugs
964and for the establishment and maintenance of prescription drug
965distribution records.
966(9) RESPONSIBLE PERSONS.—Wholesale distributors must
967establish and maintain lists of officers, directors, managers,
968[designated representatives,] and other persons in charge of
969wholesale drug distribution, storage, and handling, including a
970description of their duties and a summary of their
971qualifications.
972Section 23. Section 499.01211, Florida Statutes, is
973repealed.
974Section 24. Subsection (9) of section 499.041, Florida
975Statutes, is amended to read:
976499.041 Schedule of fees for drug, device, and cosmetic
977applications and permits, product registrations, and free-sale
978certificates.—
979[(9) The department shall assess each person applying for]
980[certification as a designated representative a fee of $150, plus]
981[the cost of processing the criminal history record check.]
982Section 25. Paragraph (e) of subsection (2) of section
983499.0661, Florida Statutes, is amended to read:
984499.0661 Cease and desist orders; removal of certain
985persons.—
986(2) REMOVAL OF AFFILIATED PARTIES BY THE DEPARTMENT.—
987(e)1. The chief executive officer, [designated]
988[representative][,] or the person holding the equivalent office, of
989a permittee shall promptly notify the department if she or he
990has actual knowledge that any affiliated party is charged with a
991felony in a state or federal court.
9922. Whenever any affiliated party is charged with a felony
993in a state or federal court or with the equivalent of a felony
994in the courts of any foreign country with which the United
995States maintains diplomatic relations, and the charge alleges
996violation of any law involving prescription drugs,
997pharmaceuticals, fraud, theft, or moral turpitude, the
998department may enter an emergency order suspending the
999affiliated party or restricting or prohibiting participation by
 1000  the affiliated party in the affairs of the particular permittee
 1001  or of any other permittee upon service of the order upon the
 1002  permittee and the affiliated party charged. The order must
 1003  contain notice of opportunity for a hearing pursuant to ss.
 1004  120.569 and 120.57, where the affiliated party may request a
 1005  postsuspension hearing to show that continued service to or
 1006  participation in the affairs of the permittee does not pose a
 1007  threat to the public health or the interests of the permittee
 1008  and does not threaten to impair public confidence in the
 1009  permittee. In accordance with applicable departmental rules, the
 1010  department shall notify the affiliated party whether the order
 1011  suspending or prohibiting the person from participation in the
 1012  affairs of a permittee will be rescinded or otherwise modified.
 1013  The emergency order remains in effect, unless otherwise modified
 1014  by the department, until the criminal charge is disposed of. The
 1015  acquittal of the person charged, or the final, unappealed
 1016  dismissal of all charges against the person, dissolves the
 1017  emergency order but does not prohibit the department from
 1018  instituting proceedings under paragraph (a). If the person
 1019  charged is convicted or pleads guilty or nolo contendere,
 1020  whether or not an adjudication of guilt is entered by the court,
 1021  the emergency order becomes [shall become] final.
 1022  Section 26. Paragraph (b) of subsection (1) of section
 1023  499.067, Florida Statutes, is amended to read:
 1024  499.067 Denial, suspension, or revocation of permit,
 1025  certification, or registration.—
 1026  (1)
 1027  (b) The department may deny an application for a permit or
 1028  certification, or suspend or revoke a permit or certification,
 1029  if the department finds that:
 1030  1. The applicant is not of good moral character or that it
 1031  would be a danger or not in the best interest of the public
 1032  health, safety, and welfare if the applicant were issued a
 1033  permit or certification.
 1034  2. The applicant has not met the requirements for the
 1035  permit or certification.
 1036  3. The applicant is not eligible for a permit or
 1037  certification for any of the reasons enumerated in s. 499.012.
 1038  [4. The applicant, permittee, or person certified under s.]
 1039  [499.012(15) demonstrates any of the conditions enumerated in s.]
 1040  [499.012.]
 1041  [5. The applicant, permittee, or person certified under s.]
 1042  [499.012(15) has committed any violation of this chapter.]
 1043  Section 27. Subsection (1) of section 509.2015, Florida
 1044  Statutes, is amended to read:
 1045  509.2015 Telephone surcharges by public lodging
 1046  establishments.—
 1047  (1) A public lodging establishment which imposes a
 1048  surcharge for any telephone call must post notice of such
 1049  surcharge in a conspicuous place in each lodging unit that
 1050  contains a telephone [located by each telephone from which a call]
 1051  [which is subject to a surcharge may originate]. Such notice must
 1052  [be plainly visible and printed on a sign that is not less than 3]
 1053  [inches by 5 inches in size, and such notice shall] clearly state
 1054  if the surcharge applies whether or not the telephone call has
 1055  been attempted or completed.
 1056  Section 28. Subsections (4) and (8) of section 553.73,
 1057  Florida Statutes, is amended to read:
 1058  553.73 Florida Building Code.—
 1059  (4)(a) All entities authorized to enforce the Florida
 1060  Building Code under s. 553.80 shall comply with applicable
 1061  standards for issuance of mandatory certificates of occupancy,
 1062  minimum types of inspections, and procedures for plans review
 1063  and inspections as established by the commission by rule. Local
 1064  governments may adopt amendments to the administrative
 1065  provisions of the Florida Building Code, subject to the
 1066  limitations in this paragraph [subsection]. Local amendments to
 1067  the administrative provisions of the Florida Building Code must
 1068  be more stringent than the minimum standards described in this
 1069  section and must be transmitted to the commission within 30 days
 1070  after enactment. The local government shall make such amendments
 1071  available to the general public in a usable format. The State
 1072  Fire Marshal is responsible for establishing the standards and
 1073  procedures required in this paragraph [subsection] for
 1074  governmental entities with respect to applying the Florida Fire
 1075  Prevention Code and the Life Safety Code.
 1076  (b) Local governments may, subject to the limitations in
 1077  this section and not more than once every 6 months, adopt
 1078  amendments to the technical provisions of the Florida Building
 1079  Code that apply solely within the jurisdiction of such
 1080  government and that provide for more stringent requirements than
 1081  those specified in the Florida Building Code.
 1082  1. A local government may adopt technical amendments that
 1083  address local needs if:
 1084  a.[1.] The local governing body determines, following a
 1085  public hearing which has been advertised in a newspaper of
 1086  general circulation at least 10 days before the hearing, that
 1087  there is a need to strengthen the requirements of the Florida
 1088  Building Code. The determination must be based upon a review of
 1089  local conditions by the local governing body, which review
 1090  demonstrates by evidence or data that the geographical
 1091  jurisdiction governed by the local governing body exhibits a
 1092  local need to strengthen the Florida Building Code beyond the
 1093  needs or regional variation addressed by the Florida Building
 1094  Code, that the local need is addressed by the proposed local
 1095  amendment, and that the amendment is no more stringent than
 1096  necessary to address the local need.
 1097  b.[2.] Such additional requirements are not discriminatory
 1098  against materials, products, or construction techniques of
 1099  demonstrated capabilities.
 1100  c.[3.] Such additional requirements do [may] not introduce a
 1101  new subject not addressed in the Florida Building Code.
 1102  2.[(c)] The enforcing agency shall make readily available, in
 1103  a usable format, all amendments adopted under this section.
 1104  3.[(d)] Any amendment to the Florida Building Code adopted
 1105  under this paragraph must [shall] be transmitted within 30 days
 1106  after adoption by the local government to the commission. The
 1107  commission shall maintain copies of all such amendments in a
 1108  format that is usable and obtainable by the public. Local
 1109  technical amendments are not effective until 30 days after the
 1110  amendment has been received and published by the commission.
 1111  4.[(e)] An amendment to the Florida Building Code adopted by
 1112  a local government under this paragraph [subsection] is effective
 1113  only until the adoption of the new edition of the Florida
 1114  Building Code by the commission every third year. At such time,
 1115  the commission shall review such amendment for consistency with
 1116  the criteria in paragraph (9)(a) and adopt such amendment as
 1117  part of the Florida Building Code or rescind the amendment. The
 1118  commission shall immediately notify the respective local
 1119  government of the rescission of any amendment. After receiving
 1120  such notice, the respective local government may readopt the
 1121  rescinded amendment under [the provisions of] this paragraph
 1122  [subsection].
 1123  5.[(f)] Each county and municipality desiring to make local
 1124  technical amendments to the Florida Building Code shall
 1125  establish by interlocal agreement a countywide compliance review
 1126  board to review any amendment to the Florida Building Code that
 1127  is adopted by a local government within the county under this
 1128  paragraph [subsection] and that is challenged by a substantially
 1129  affected party for purposes of determining the amendment’s
 1130  compliance with this paragraph [subsection]. If challenged, the
 1131  local technical amendments are not effective until the time for
 1132  filing an appeal under subparagraph 6. [paragraph (g)] has expired
 1133  or, if there is an appeal, until the commission issues its final
 1134  order determining if the adopted amendment is in compliance with
 1135  this paragraph [subsection].
 1136  6.[(g)] If the compliance review board determines such
 1137  amendment is not in compliance with this paragraph [subsection],
 1138  the compliance review board must [shall] notify such local
 1139  government of the noncompliance and that the amendment is
 1140  invalid and unenforceable until the local government corrects
 1141  the amendment to bring it into compliance. The local government
 1142  may appeal the decision of the compliance review board to the
 1143  commission. If the compliance review board determines that such
 1144  amendment is in compliance with this paragraph [subsection], any
 1145  substantially affected party may appeal such determination to
 1146  the commission. Any such appeal must be filed with the
 1147  commission within 14 days after the board’s written
 1148  determination. The commission shall promptly refer the appeal to
 1149  the Division of Administrative Hearings by electronic means
 1150  through the division’s website for the assignment of an
 1151  administrative law judge. The administrative law judge shall
 1152  conduct the required hearing within 30 days after being assigned
 1153  to the appeal, and shall enter a recommended order within 30
 1154  days after the conclusion of such hearing. The commission shall
 1155  enter a final order within 30 days after an order is rendered.
 1156  Chapter 120 and the uniform rules of procedure applies [shall]
 1157  [apply] to such proceedings. The local government adopting the
 1158  amendment that is subject to challenge has the burden of proving
 1159  that the amendment complies with this paragraph [subsection] in
 1160  proceedings before the compliance review board and the
 1161  commission, as applicable. Actions of the commission are subject
 1162  to judicial review under s. 120.68. The compliance review board
 1163  shall determine whether its decisions apply to a respective
 1164  local jurisdiction or apply countywide.
 1165  7.[(h)] An amendment adopted under this paragraph [subsection]
 1166  must include a fiscal impact statement that documents the costs
 1167  and benefits of the proposed amendment. Criteria for the fiscal
 1168  impact statement must [shall] include the impact to local
 1169  government relative to enforcement and the impact to property
 1170  and building owners and industry relative to the cost of
 1171  compliance. The fiscal impact statement may not be used as a
 1172  basis for challenging the amendment for compliance.
 1173  (c)[(i)] [In addition to paragraphs (f) and (g),] The
 1174  commission may review any amendment [amendments] adopted under
 1175  this subsection and make nonbinding recommendations related to
 1176  compliance of such amendments with this subsection.
 1177  (d)[(j)] Any amendment adopted by a local enforcing agency
 1178  under this subsection may not apply to state or school district
 1179  owned buildings, manufactured buildings or factory-built school
 1180  buildings approved by the commission, or prototype buildings
 1181  approved under s. 553.77(3). The respective responsible entities
 1182  shall consider the physical performance parameters
 1183  substantiating such amendments when designing, specifying, and
 1184  constructing such exempt buildings.
 1185  (e)[(k)] A technical amendment to the Florida Building Code
 1186  related to water conservation practices or design criteria
 1187  adopted by a local government under paragraph (b) [this]
 1188  [su][bsection] is not void when the code is updated if the technical
 1189  amendment is necessary to protect or provide for more efficient
 1190  use of water resources as provided in s. 373.621. However, any
 1191  such technical amendment carried forward into the next edition
 1192  of the code under this paragraph is subject to review or
 1193  modification as provided in this part.
 1194  (f)[(l)] If a local government adopts a regulation, law,
 1195  ordinance, policy, amendment, or land use or zoning provision
 1196  without using the process established in this subsection, and a
 1197  substantially affected person considers such regulation, law,
 1198  ordinance, policy, amendment, or land use or zoning provision to
 1199  be a technical amendment to the Florida Building Code, [then] the
 1200  substantially affected person may submit a petition to the
 1201  commission for a nonbinding advisory opinion. If a substantially
 1202  affected person submits a request in accordance with this
 1203  paragraph, the commission must [shall] issue a nonbinding advisory
 1204  opinion stating whether or not the commission interprets the
 1205  regulation, law, ordinance, policy, amendment, or land use or
 1206  zoning provision as a technical amendment to the Florida
 1207  Building Code. As used in this paragraph, the term “local
 1208  government” means a county, municipality, special district, or
 1209  political subdivision of the state.
 1210  1. Requests to review a local government regulation, law,
 1211  ordinance, policy, amendment, or land use or zoning provision
 1212  may be initiated by any substantially affected person. A
 1213  substantially affected person includes an owner or builder
 1214  subject to the regulation, law, ordinance, policy, amendment, or
 1215  land use or zoning provision, or an association of owners or
 1216  builders having members who are subject to the regulation, law,
 1217  ordinance, policy, amendment, or land use or zoning provision.
 1218  2. In order to initiate a review, a substantially affected
 1219  person must file a petition with the commission. The commission
 1220  shall adopt a form for the petition and directions for filing,
 1221  which shall be published on the Building Code Information
 1222  System. The form must [shall], at a minimum, require the
 1223  following:
 1224  a. The name of the local government that enacted the
 1225  regulation, law, ordinance, policy, amendment, or land use or
 1226  zoning provision.
 1227  b. The name and address of the local government’s general
 1228  counsel or administrator.
 1229  c. The name, address, and telephone number of the
 1230  petitioner; the name, address, and telephone number of the
 1231  petitioner’s representative, if any; and an explanation of how
 1232  the petitioner’s substantial interests are being affected by the
 1233  regulation, law, ordinance, policy, amendment, or land use or
 1234  zoning provision.
 1235  d. A statement explaining why the regulation, law,
 1236  ordinance, policy, amendment, or land use or zoning provision is
 1237  a technical amendment to the Florida Building Code, and which
 1238  provisions of the Florida Building Code, if any, are being
 1239  amended by the regulation, law, ordinance, policy, amendment, or
 1240  land use or zoning provision.
 1241  3. The petitioner shall serve the petition on the local
 1242  government’s general counsel or administrator by certified mail,
 1243  return receipt requested, and send a copy of the petition to the
 1244  commission, in accordance with the commission’s published
 1245  directions. The local government shall respond to the petition
 1246  in accordance with the form by certified mail, return receipt
 1247  requested, and send a copy of its response to the commission,
 1248  within 14 days after receipt of the petition, including
 1249  Saturdays, Sundays, and legal holidays.
 1250  4. Upon receipt of a petition that meets the requirements
 1251  of this paragraph, the commission shall publish the petition,
 1252  including any response submitted by the local government, on the
 1253  Building Code Information System in a manner that allows
 1254  interested persons to address the issues by posting comments.
 1255  5. Before issuing an advisory opinion, the commission shall
 1256  consider the petition, the response, and any comments posted on
 1257  the Building Code Information System. The commission may also
 1258  provide the petition, the response, and any comments posted on
 1259  the Building Code Information System to a technical advisory
 1260  committee, and may consider any recommendation provided by the
 1261  technical advisory committee. The commission shall issue an
 1262  advisory opinion stating whether the regulation, law, ordinance,
 1263  policy, amendment, or land use or zoning provision is a
 1264  technical amendment to the Florida Building Code within 30 days
 1265  after the filing of the petition, including Saturdays, Sundays,
 1266  and legal holidays. The commission shall publish its advisory
 1267  opinion on the Building Code Information System and in the
 1268  Florida Administrative Register. The commission’s advisory
 1269  opinion is nonbinding and is not a declaratory statement under
 1270  s. 120.565.
 1271  (8) [Notwithstanding subsection (3) or subsection (7),] The
 1272  commission may address issues identified in this subsection by
 1273  amending the code under the rule adoption procedures in chapter
 1274  120. Updates to the Florida Building Code, including provisions
 1275  contained in referenced standards and criteria which relate to
 1276  wind resistance or the prevention of water intrusion, may not be
 1277  amended under this subsection to diminish those standards;
 1278  however, the commission may amend the Florida Building Code to
 1279  enhance such standards. Following the approval of any amendments
 1280  to the Florida Building Code by the commission and publication
 1281  of the amendments on the commission’s website, authorities
 1282  having jurisdiction to enforce the Florida Building Code may
 1283  enforce the amendments.
 1284  (a) The commission may approve amendments that are needed
 1285  to address:
 1286  1. Conflicts within the updated code;
 1287  2. Conflicts between the updated code and the Florida Fire
 1288  Prevention Code adopted under chapter 633;
 1289  3. Unintended results from the integration of previously
 1290  adopted amendments with the model code;
 1291  4. Equivalency of standards;
 1292  5. Changes to or inconsistencies with federal or state law;
 1293  or
 1294  6. Adoption of an updated edition of the National
 1295  Electrical Code if the commission finds that delay of
 1296  implementing the updated edition causes undue hardship to
 1297  stakeholders or otherwise threatens the public health, safety,
 1298  and welfare.
 1299  (b) The commission may issue errata to the code pursuant to
 1300  the rule adoption procedures in chapter 120 to list demonstrated
 1301  errors in provisions contained within the Florida Building Code.
 1302  The determination of such errors and the issuance of errata to
 1303  the code must be approved by a 75-percent supermajority vote of
 1304  the commission. For purposes of this paragraph, “errata to the
 1305  code” means a list of errors on current and previous editions of
 1306  the Florida Building Code.
 1307  Section 29. Subsection (3) of section 553.791, Florida
 1308  Statutes, is amended to read:
 1309  553.791 Alternative plans review and inspection.—
 1310  (3) A private provider and any duly authorized
 1311  representative may only perform building code inspection
 1312  services that are within the disciplines covered by that
 1313  person’s licensure or certification under chapter 468, chapter
 1314  471, or chapter 481, including single-trade inspections.
 1315  However, a private provider and any duly authorized
 1316  representative licensed as a building code administrator may
 1317  perform any plan review or inspection requiring licensure or
 1318  certification under part XII of chapter 468 if the private
 1319  provider or duly authorized representative served for at least 3
 1320  consecutive years as a building code administrator authorized by
 1321  a municipal or county government to perform any plan review or
 1322  inspection requiring licensure or certification under part XII
 1323  of chapter 468 and has had no disciplinary action imposed
 1324  against his or her license. The department shall adopt rules to
 1325  identify those building code administrator licensees who meet
 1326  the requirements of this subsection. A private provider may not
 1327  provide building code inspection services pursuant to this
 1328  section upon any building designed or constructed by the private
 1329  provider or the private provider’s firm.
 1330  Section 30. For the purpose of incorporating the amendment
 1331  made by this act to section 20.165, Florida Statutes, in a
 1332  reference thereto, paragraph (c) of subsection (3) of section
 1333  120.54, Florida Statutes, is reenacted to read:
 1334  120.54 Rulemaking.—
 1335  (3) ADOPTION PROCEDURES.—
 1336  (c) Hearings.—
 1337  1. If the intended action concerns any rule other than one
 1338  relating exclusively to procedure or practice, the agency shall,
 1339  on the request of any affected person received within 21 days
 1340  after the date of publication of the notice of intended agency
 1341  action, give affected persons an opportunity to present evidence
 1342  and argument on all issues under consideration. The agency may
 1343  schedule a public hearing on the rule and, if requested by any
 1344  affected person, shall schedule a public hearing on the rule.
 1345  When a public hearing is held, the agency must ensure that staff
 1346  are available to explain the agency’s proposal and to respond to
 1347  questions or comments regarding the rule. If the agency head is
 1348  a board or other collegial body created under s. 20.165(4) or s.
 1349  20.43(3)(g), and one or more requested public hearings is
 1350  scheduled, the board or other collegial body shall conduct at
 1351  least one of the public hearings itself and may not delegate
 1352  this responsibility without the consent of those persons
 1353  requesting the public hearing. Any material pertinent to the
 1354  issues under consideration submitted to the agency within 21
 1355  days after the date of publication of the notice or submitted to
 1356  the agency between the date of publication of the notice and the
 1357  end of the final public hearing shall be considered by the
 1358  agency and made a part of the record of the rulemaking
 1359  proceeding.
 1360  2. Rulemaking proceedings shall be governed solely by the
 1361  provisions of this section unless a person timely asserts that
 1362  the person’s substantial interests will be affected in the
 1363  proceeding and affirmatively demonstrates to the agency that the
 1364  proceeding does not provide adequate opportunity to protect
 1365  those interests. If the agency determines that the rulemaking
 1366  proceeding is not adequate to protect the person’s interests, it
 1367  shall suspend the rulemaking proceeding and convene a separate
 1368  proceeding under the provisions of ss. 120.569 and 120.57.
 1369  Similarly situated persons may be requested to join and
 1370  participate in the separate proceeding. Upon conclusion of the
 1371  separate proceeding, the rulemaking proceeding shall be resumed.
 1372  Section 31. For the purpose of incorporating the amendment
 1373  made by this act to section 20.165, Florida Statutes, in
 1374  references thereto, paragraph (b) of subsection (2) and
 1375  paragraph (a) of subsection (3) of section 120.74, Florida
 1376  Statutes, are reenacted to read:
 1377  120.74 Agency annual rulemaking and regulatory plans;
 1378  reports.—
 1379  (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.—
 1380  (b) To satisfy the requirements of paragraph (a), a board
 1381  established under s. 20.165(4), and any other board or
 1382  commission receiving administrative support from the Department
 1383  of Business and Professional Regulation, may coordinate with the
 1384  Department of Business and Professional Regulation, and a board
 1385  established under s. 20.43(3)(g) may coordinate with the
 1386  Department of Health, for inclusion of the board’s or
 1387  commission’s plan and notice of publication in the coordinating
 1388  department’s plan and notice and for the delivery of the
 1389  required documentation to the committee.
 1390  (3) DEPARTMENT REVIEW OF BOARD PLAN.—By October 15 of each
 1391  year:
 1392  (a) For each board established under s. 20.165(4) and any
 1393  other board or commission receiving administrative support from
 1394  the Department of Business and Professional Regulation, the
 1395  Department of Business and Professional Regulation shall file
 1396  with the committee a certification that the department has
 1397  reviewed each board’s and commission’s regulatory plan. A
 1398  certification may relate to more than one board or commission.
 1399  Section 32. For the purpose of incorporating the amendment
 1400  made by this act to section 326.001, Florida Statutes, in
 1401  references thereto, section 326.003, Florida Statutes, is
 1402  reenacted to read:
 1403  326.003 Administration.—The division shall:
 1404  (1) Administer ss. 326.001-326.006 and collect fees
 1405  sufficient to administer ss. 326.001-326.006.
 1406  (2) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 1407  implement ss. 326.001-326.006 and to classify brokers and
 1408  salespersons and regulate their activities.
 1409  (3) Enforce the provisions of ss. 326.001-326.006 against
 1410  any person who operates as a broker or salesperson without a
 1411  license.
 1412  Section 33. For the purpose of incorporating the amendment
 1413  made by this act to section 326.001, Florida Statutes, in
 1414  references thereto, subsection (5) and paragraph (b) of
 1415  subsection (7) of section 326.004, Florida Statutes, are
 1416  reenacted to read:
 1417  326.004 Licensing.—
 1418  (5) The division by rule shall establish fees for
 1419  application, initial licensing, biennial renewal, and
 1420  reinstatement of licenses in an amount not to exceed $500. The
 1421  fees must be set in an amount that is adequate to
 1422  proportionately fund the expenses of the division in ss.
 1423  326.001-326.006.
 1424  (7)
 1425  (b) Surety bonds and irrevocable letters of credit must be
 1426  in a form to be approved by the division and must be conditioned
 1427  upon the broker complying with the terms of any written contract
 1428  made by such broker in connection with the sale or exchange of
 1429  any yacht or ship and not violating any of the provisions of the
 1430  Yacht and Ship Brokers’ Act in the conduct of the business for
 1431  which he or she is licensed. The bonds and letters of credit
 1432  must be delivered to the division and in favor of any person in
 1433  a transaction who suffers any loss as a result of any violation
 1434  of the conditions in ss. 326.001-326.006. When the division
 1435  determines that a person has incurred a loss as a result of a
 1436  violation of the Yacht and Ship Brokers’ Act, it shall notify
 1437  the person in writing of the existence of the bond or letter of
 1438  credit. The bonds and letters of credit must cover the license
 1439  period, and a new bond or letter of credit or a proper
 1440  continuation certificate must be delivered to the division at
 1441  the beginning of each license period. However, the aggregate
 1442  liability of the surety in any one year may not exceed the sum
 1443  of the bond or, in the case of a letter of credit, the aggregate
 1444  liability of the issuing bank may not exceed the sum of the
 1445  credit.
 1446
 1447  The security for a broker must remain on deposit for a period of
 1448  1 year after he or she ceases to be a broker.
 1449  Section 34. For the purpose of incorporating the amendment
 1450  made by this act to section 499.012, Florida Statutes, in a
 1451  reference thereto, subsection (4) of section 499.003, Florida
 1452  Statutes, is reenacted to read:
 1453  499.003 Definitions of terms used in this part.—As used in
 1454  this part, the term:
 1455  (4) “Affiliated party” means:
 1456  (a) A director, officer, trustee, partner, or committee
 1457  member of a permittee or applicant or a subsidiary or service
 1458  corporation of the permittee or applicant;
 1459  (b) A person who, directly or indirectly, manages,
 1460  controls, or oversees the operation of a permittee or applicant,
 1461  regardless of whether such person is a partner, shareholder,
 1462  manager, member, officer, director, independent contractor, or
 1463  employee of the permittee or applicant;
 1464  (c) A person who has filed or is required to file a
 1465  personal information statement pursuant to s. 499.012(9) or is
 1466  required to be identified in an application for a permit or to
 1467  renew a permit pursuant to s. 499.012(8); or
 1468  (d) The five largest natural shareholders that own at least
 1469  5 percent of the permittee or applicant.
 1470  Section 35. This act shall take effect July 1, 2026.